Divorce Advice for Men | Fathers Rights Divorce | Child Custody

Question:

I have received a Praecipe from the circuit court regarding notice that opposing counsel requests matters be set for an upcoming date for the purpose of scheduling a hearing involving motion to modify child support.

Must I go to the courthouse to learn the date of the future hearing or simply await notice by the court?

Among the Ask a Divorce Lawyer questions answered today by Cordell & Cordell attorneys:

• Do I still have to appear in court if I want to cancel a modification request?
• My ex is scheduled to deploy and offered me a family care plan giving part of her parenting time to a "designated person" while she is away. Can she do that?
• Do I have to pay for part of the her daycare expenses?

Among the Ask a Divorce Lawyer questions answered today by Cordell & Cordell attorneys:

• Do I have to travel to another state to appear in court?
• Is my son considered an emancipated minor since he has signed up for the Marines?
• If my name is on the deed to the house, can she make plans to sell the house?
• Our agreement on the updated child support was verbal so can she sue me for the difference at some future point if she decides to?
• Does her marriage and subsequent move out of town provide me any leverage if she decides to pursue the child support in arrears?
• Does her marriage and move provide any leverage should I decide to petition for a permanent reduction in child support?

By Natalie Hinton

Attorney, Cordell & Cordell, P.C.

Note: This is Part 2 of a two-part series on orders of protection. Click here to read Part 1.

In the midst of a contested divorce case, some people resort to using Orders of Protection as an expedited means of obtaining custody of the children or exclusive possession of the marital home while their divorce case is pending.

Having knowledge of what an Order of Protection entails and what it can potentially add to a contested custody case enables clients to be better prepared for addressing the Order of Protection itself and keeping focused on the bigger picture of what is truly at stake.

By Natalie Hinton

Attorney, Cordell & Cordell, P.C.

Note: This is Part 1 of a two-part series on orders of protection. Click here to read Part 2.

It has become all too common for a man to find himself in the midst of a contested divorce case faced with a spouse unwilling to agree on custody and visitation. When going through a divorce, particularly when children are involved and custody and visitation are in dispute, parties can become frustrated with the court process and the time and expense involved.

Unfortunately, this leads some people to resort to using Orders of Protection as an expedited means of obtaining custody of the children or exclusive possession of the marital home while their divorce case is pending. Judges strongly frown upon either party’s misuse of the court for such a purpose, and clients should speak to their attorneys upon being served with, or prior to filing, an Order of Protection in the midst of their divorce case in order to assess the nature of any abuse that may be occurring and options for addressing the abuse.

Having knowledge of what an Order of Protection entails and what it can potentially add to a contested custody case enables clients to be better prepared for addressing the Order of Protection itself and keeping focused on the bigger picture of what is truly at stake.