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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 >> legal separation
Nov 29, 1999

Question:

I

Nov 29, 1999

Question:

My brothers wife recently left him, taking their daughter with her. He gets to see his daughter on his days off and things are working out well. About a year and a half ago, my brother and his wife got into an argument and she tried to stab him with a kitchen knife. He ended up with a couple stitches on his his hand from trying to protect himself. She was arrested for domestic violence and made bond. She was ordered by the court to take anger management classes, and after keeping her record clean for 6 months, her record was expunged. My question is, if she does not agree to joint custody ,can my brother use this against her? He has a copy of the police report and her bond papers.

Answer:

I am not licensed in Tennessee. The laws regarding custody vary from state to state. It may be factor considered by the judge when making a determination of custody. The weight given to it will probably vary depending on the judge. Also, it will have little weight if the child was not present at the time of the incident.

Nov 29, 1999

Question:

I filed for divorce in October. It is now almost February and we have to wait on my wife to give birth to a child before we can get a divorce. The child she is delivering is not mine. She has moved 5 times since moving out in August, and is not stable. I was awarded temporary custody and child support by the courts. I want to move on with my life but don't want to hurt my chances at getting full custody in the divorce. I have heard that she fired her lawyer and does not presently have one. She is very unstable. When can I begin moving on? Thanks in advance, any answer would be appreciated.

Answer:

I am not licensed in Ohio. I recommend you discuss this with your current attorney. Some states have laws requiring that you notify the non-relocating parent and the court of your intent to move. You want to make sure you are in compliance with any notice requirement in your state. Whether your move will impact your chance of obtaining permanent custody is dependent on where you are moving. If your move is down the street or in the same metropolitan area you currently live, it will likely have little impact. If you are moving hours away, it may. If your move will prevent mom from having regular parenting time, it may impact your ability to obtain permanent custody. Consult your attorney to determine if now is the time to move.

Nov 29, 1999

Question:

In a recent conversation with her law guardian my friend's child stated that she does not consider my friend her biological father. She believes her mother's 3rd husband of seven years to be her true dad. If a child can emancipate themselves from a parent can he be relieved of having to pay child support?

Answer:

I am not licensed in New York. You should also consult an attorney in your state to determine the law of your state. Not all states allow minors to become emancipated. Normally, you will still be obligated to support a minor child regardless of your relationship with that child. If the child does repudiate the relations, you may be free of an obligation of payment of the child's college expenses. In other words if child support or obligation for education goes beyond 18 in your state, you may have the grounds to emancipate her at 18. Again consult an attorney in your state.

Nov 29, 1999

Question:

My wife wants a trial seperation for a couple of weeks but in my opinion may turn into 3-6 months. If I agree to leave the house will I hurt my case for custody of my two kids later if we do go for a divorce?

Answer:

I am not licensed in Missouri. The answer to your question is YES. Leaving the house without your children will hurt your chances of obtaining custody later.

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