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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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Aug 06, 2010

Divorce attorney Jason BowmanQuestion:

My ex and I divorced in Missouri when our son was 9. She had custody of our child when I moved to Kentucky. When our son was 13, my ex moved out of state to Wisconsin but he wanted to move to Kentucky with me. We went through the Missouri courts to change custody. When he turned 15, he decided he wanted to move to Wisconsin to be with his Mom.

Is there some other way to handle the move without going through the court system again?


Jun 09, 2010

By Matt Allen

Editor, DadsDivorce.com

Child custody cases frequently involve multiple states due to a party moving post-divorce or even during the divorce process. A common acronym is mentioned during any dispute involving child custody cases across state lines: UCCJEA.


Jul 05, 2009

Question:

I received a letter today outlining a denial of visitation among some other requests from an attorney in NJ. Florida retains jurisdiction over my case and this attorney is not licensed in Florida nor has he entered an appearance with Florida regarding the case. Can this attorney be legally involved in my case? Should I discuss my case with this attorney or should I reject his letter? Do I have any recourse?

Answer:

I am not licensed in the State of Florida or New Jersey and therefore cannot answer you question specifically to the laws of those States. I do not see a problem with his actions to date. He has not practiced law in Florida and would likely pass the case to a local attorney if something is filed in court. He could attempt to appear pro hac vice in which he would request Florida to allow him to practice for this one case only. I cannot make a recommendation as to whether you should discuss this issue with the attorney or refuse to respond.

Jul 05, 2009

Question:

My wife and I moved to Florida 5 months ago from New York which was her idea. Now things dont seem to be working out and we have talked about divorce. She is saying she is going to take the kids back to NY is there anyway I can stop her from taking the kids to NY??

Answer:

I am not licensed in the State of Florida and therefore cannot answer your question specifically to the laws of that State. You need to check the residency requirements for Florida to file for divorce in that State. If it is less than five month, get a divorce and request for temporary custody on file. Have her served with the papers before moving back to New York and filing in that location.

Nov 05, 2008

Question:

My boyfriend and I are having trouble with his wife, she has a restraining order against him and custody of their 4 year old daughter. She refuses to let him see his daughter unless he stays with her. They had a terrible marriage and she has taken the child and left the state once before. He is afraid to file for custody or even divorce for fear that she will disappear again and never let him see his daughter again. Do you have any advice for us?

Answer:

It is unclear from the facts presented how long your boyfriend and his wife have been separated. If he is still married your presence in the situation is not going to help in a custody dispute and could be harmful. The terms "my boyfriend", "his wife" and "custody" are not a good combination of phrases to begin a conversation. If he is interested in custody he needs to establish a custody time. Her denial of any custody or visitation will be viewed negatively with the court. However, if he delays too long in seeking relief from the court it opens up the argument that he has acquiesced to the arrangement. He needs to file for divorce, seek a temporary order if NJ allows such relief and begin seeing his daughter. If the mother then fails to follow a court ordered custody plan her actions should be used against her in court. Should the mother flee the State it would make it much easier for your boyfriend to get a full custody order and perhaps even only supervised visitation with mother. He needs to look at the long term, not at the short term problems. Finally, he needs to keep a custody journal or calendar recording his attempts to contact his child and any visitations that he does receive.

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