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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.
Tags >> infant
Jan 09, 2010

Question: I want to divorce my wife. She continually accuses me of chasing women and constantly forces me to leave work early to take care of our 9-month-old daughter because she claims she’s “sick.” I think she just wants me to be at home to always monitor me. She is unemployed and can’t handle taking care of our daughter any extended period of time. She won't agree to a separation, and if I cannot take the pain and grief anymore, I may have to leave. 

Once, years ago, I did hit my wife in the back, and I fear that she will file for a restraining order to keep me from our daughter if I leave, and file other false allegations toward this end, as she did with her previous husband and her older daughter. 

What can I do to protect my rights as a father and my daughter's rights to be with me against such maneuvers? In practice, do I have any chance of getting primary custody of my daughter given my employment and ability to care? What kind of custody arrangements are most often delivered by courts to fathers of young infants?


May 05, 2008

Question:

I am a quadraplegic father and I want to know what my rights are towards custody would be.I live about 70 miles away from my wife and son. He is 10 months old and I was with her up until one month ago when she said she wanted me to leave. I can see him during the day but not on overnights and she will leave him with her mother and father when she is gone.

Answer:

I cannot answer your question specifically to the laws of California as I am not licensed in that State. I have represented two disabled father's. Neither were quadriplegic, but were wheelchair bound. They each received more custody time than an every other weekend, one night a week, split summer schedule. However, in each of those cases the children were much older. The physical and mental health of the parents is a factor in many jurisdictions. The question comes down to your ability to get to and from the visitation locations and your ability to care for your son when he is in your custody. Can you change diapers, feed the child, bathe the child, get the child from the home in an emergency ect. If you can manage those tasks and the general parenting tasks your time should not be limited anymore than anyone else. If you are unable to perform those tasks, the court will take any limitations into account when determining the custody and visitation schedule.

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