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Divorce Advice for Men | Fathers' Rights Divorce | Child Custody

Providing men with essential divorce advice, fathers' rights divorce information and child custody articles. Dads Divorce is a community for men facing divorce or fathers' rights issues and run by Cordell and Cordell. Cordell & Cordell is a family law firm with a focus on men's divorce, child custody and fathers' rights divorce.
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Nov 29, 1999

Question:

I was awarded custody of my minor child. I just recently learned that my daughter's mother has retained a another lawyer and has requested to have the case reheared, although there has been no change in circumstances. My concern is that after researching her lawyer's bio, I found out that his father is currently a Senator here in South Carolina for the county she lives in and the county that we are scheduled to have the new case heard. Additionally, the senator continues to practice law at the same law firm that his son does. Lastly, I have also learned that one of the judges assigned to the district use to be partners with the Sentor. Now that I have learned this, I am concerned that the focus will no longer be what's in the best interest of the child, but what connections her lawyer has. What are my options, isn't there be some form of conflict of interest.

Answer:

I am not licensed in South Carolina. You should also seek the advice of counsel in your state. You may be able to get a change of judge based on the conflict or because of the modification. Before doing so however speak with a local attorney. It may be in your best interest to stick with the Judge you have. Mainly because this Judge just heard all the evidence and awarded you custody. Some courts may refuse to hear a custody modification if the order was just entered. Unless there some sort of emergence I doubt her petition will get far. However, in this type of case it is important to know your judge. Therefore speaking with an attorney with experience before this judge is important.

Nov 29, 1999

Question:

I am a proud father of a one year old boy who was born in Florida on November 2006. My wife is from Pennsylvania and we were married on June 2006 in Florida. My wife left to go home to PA with my son in April 2007 for a vacation and to recharge her batteries since we were having minor typical marriage issues, however no violence, drugs or money issues just adjusting to marriage, motherhood, change of State, leaving a career etc. Well my wife never came back to Florida and I am devastated and have now had to adjust to being a single Dad and visit my son monthly in PA. My wife has also filed for divorce in PA. Even though we are amicable and providing my rights to joint custody are protected do I have anything to worry about since PA will be were everything is filed? Are there any negatives I should be aware of PA verses FL? My wife has connections with the courts in PA, mother works there; this worries me; however isn't the law the law? And finally my wife is a Doctor I understand the child support is calculated based on both salaries, my wife is yet to inform me on how much she earns, but advises me how much I should send which is $800 per month. Thank you for your help with this matter.

Answer:

I am not licensed in Pennsylvania. Although there are similar themes in the law from state to state, all laws are not the same. The way that child support is calculated is different in every state. The age at which child support ends will be different too. The visitation guidelines will vary from state. Some states will order you to share college expenses others will not. The time it takes to finalize a divorce vary too. Is there a temporary order of support or has your wife just dictated an amount. It is not a bad idea to give money for support but track the amount. If it is not a court order get one. If you do not want to do this, go online and use one of the child support calculators for Pennsylvania on dadsdivorce.com. This will give you a better idea of how much support you should pay. Also you are entitled to know her income. I strongly recommend you hire an attorney in Pennsylvania.

Nov 29, 1999

Question:

I am not divorced yet, but my wife and I have talked about maybe splitting up. She tells me if we divorce she is going to move to Florida with the kids, so she can be close to her family. Can she just pick up and go? What about my rights. How do I spend time with my kids if she moves so far? What can I do to stop her?

Answer:

I am not licensed in PA. Since laws do vary as they pertain to divorce and relocation, you should also consult an attorney licensed in your state. The answer to your question depends on what stage of the process you are in. If a divorce is pending then you may be able to file an objection to her relocation. If no divorce is pending then I recommend filing one in order to establish jurisdiction in Pennsylvania. It will be much easier to prevent her move than to address the issue after her move. The court should consider how the move will affect your relationship with your children when deciding if she can relocate with the kids.

Nov 29, 1999

Question:

My wife of ten years has decided to leave the marriage. She and her lawyer are claiming separate property for a house she bought before we were married. She moved into the house July 96, she asked me to move in Sept 96, we were engaged Dec 96, and married Aug 97. In May 99, we sold the house and rolled the equity into a joint mtg - where we still live. I can understand her position on separate property for the down payment, but from Sept 96 through present we have always worked out of a joint account - we paid the mortgage, bills, etc. We even paid for the home renovations and improvements to our first home (separate property). It seems as though once we sold the original house and rolled the proceeds into the new house, the funds became commingled or mixed. Is it a waist of time to argue the separate property issue? Does this claim have merit?

Answer:

I am not licensed in Ohio. Laws regarding property division will vary from state to state. Keep in mind that just because your wife is arguing separate property that does not mean she will win the argument. What was the equity in the property when you moved in? If she can prove the value of the equity at that time, then the court may consider that value as "separate". However, you have a much better argument that the property has been commingled and is in fact a marital asset.

Nov 29, 1999

Question:

My wife left me over 5 years ago and to this day I do not know her whereabouts. I met a new love and I am trying to marry her to this day, how do I proceed?

Answer:

I am not licensed in North Carolina. You should also consult an attorney in North Carolina. The two issues that may present themselves in your divorce are grounds and service. If North Carolina is a no fault state then all you must allege is that your marriage is irretrievably broken. If North Carolina is a fault state, then you need to determine if desertion is an acceptable grounds for divorce. The second issue is service. Anytime you file a complaint or petition with a court you must notify or serve the other party. The preferred method to do this is by personal service or certified mail. If you cannot locate your wife then it is also permissible to notify her by publication. This usually means running a notice in a local paper or legal publication for a certain period of time. Consult an attorney in your area to determine the acceptable procedure in your state.

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