Divorce Advice for Men | Fathers Rights Divorce | Child Custody

By Jason Hopper

Cordell & Cordell Divorce Lawyer

All too often divorced dads will contact Cordell & Cordell mens divorce attorneys with a concern that they are not being granted their ordered parenting time with their children. 

Very often, the question is, "What do I do when my parenting time is denied?"

Question:

I moved out of the marital home almost one year ago, though our divorce has continued to drag on and is not finalized.

I would like to move back home to be there for my children, but my wife has changed the locks on the doors and will not allow me to move back.

Do I have the legal right to enter the marital home if I have moved out during our separation?

Question:

Can I reduce my payments through a child support modification given that I am responsible for paying my children's transportation expenses?

Since my ex-wife and I live far away from each other, in order to exercise my court-ordered visitation I have to pay the cost to fly my children to see me. Obviously, this gets very expensive.

Can I modify child support based on those extra expenses I have to incur?

Question:

My ex-wife says my child wants to refuse visitation with me. Every time I talk to my kid she seems to want to come over during my parenting time, but my ex always says she is lying.

If it turns out to be true that my child does not want to see me during visitation do I have legal standing to force her to be with me during my scheduled parenting time?

Question:

One of my sons has requested a change in the parenting time schedule where he would live primarily with his mom, when currently she only has weekend visitation.

It hurts me, but I want to follow his wishes if he does not want to be forced to continue following the divorce decree's custody orders.

Who is obligated to file for this custody modification, my ex-wife or I?

If we did not file for a modification, does this somehow open me to a future loss of rights to my other son by not enforcing the original decree until there is a judicial change to the orders?