Divorce Advice for Men | Fathers Rights Divorce | Child Custody

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

• My fiancee is still legally married. Can she even get a divorce while she is pregnant with my child? If she can't and she has the child while she is still legally married, would the child be considered mine?
• Regarding child support calculations, are there any ways around submitting tax returns for a closely held business?

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?

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

• If she gets an equity loan on her gifted property, will that debt also be my debt in divorce?
• Do I and my ex wife have to file bankruptcy together or apart?
• In order to keep the house, can we settle on a child support payment amount that is less than the Friend of Court would determine?
• Is infidelity ever taken into account when awarding parenting time or child support?
• Is it considered kidnapping if the father does not consent to his children moving?
• Can grandparents seek custody?
• Can I ask to be my niece's legal guardian even if I'm stationed overseas?
• Where should I file the modification if I don't live where the divorce took place?

By Nancy Shannon

Attorney, Cordell & Cordell P.C., Omaha, Neb., office

Note: This is Part 2 of a 2-part series on active military members and common questions about their rights. Click here to read Part 1.

Active members of the United State’s Armed Forces may be able to seek protection from civil actions under the Servicemembers Civil Relief Act of 2003 (SCRA). Tracing its origins back to the Civil War when a freeze was placed on all civil actions against federal soldiers, the SCRA provides expanded protection over it’s predecessor, the Solders’ and Sailors’ Civil Relief Act of 1940.

Servicemembers are at a disadvantage when faced with defending a civil lawsuit or fulfilling financial obligations while also serving their country. The SCRA provides protection to active members of the armed forces, in addition to reservists and members of the National Guard, in some circumstances. There are several different types of protections, ranging from lowered interests rates to eviction restrictions.

For any parent (or alleged parent) in the military, the SCRA provides a valuable benefit when faced with child custody and child support issues.  It’s possible for parents in the military to stay, or suspend, civil actions brought against them during their service, and for a brief time after, in some situations.

Read on for common questions about SCRA.