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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 04, 2010

Question:Cordell & Cordell attorney Andrea Miller

I have received a Praecipe from the circuit court regarding notice that opposing counsel requests matters be set for an upcoming date for the purpose of scheduling a hearing involving motion to modify child support.

Must I go to the courthouse to learn the date of the future hearing or simply await notice by the court?


Feb 25, 2010

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

  • The mother of my child gave me 60 days notice she was moving out of state with our daughter but moved before the 60 days were up? What can I do?
  • Can I pay my child support directly to my daughter?

 


Nov 04, 2009

Question:

My spouse is spending her money aggressively to eliminate any cash that she may have to split in our divorce. What can I do to mitigate my obligation to pay half of her debt?

She has served me with a Notice of Dissolution of Marriage, but nothing has been filed yet. I believe she is doing this as a calculated move on her part, re-enforced by her attorney.


Nov 29, 1999

Question:

If my soon to be ex-wife plans on moving back to California to be closer to her parents and grand-parents what are my rights as a father. Can she up and move with the kids without my permission?

Answer:

I cannot answer your question specifically to the laws of Washington as I am not licensed in that State. In my jurisdiction the answer would be no. Missouri has a statute that requires the moving parent to notify the other parent sixty days in advance of a move. The non-moving parent can then file a Motion in Opposition to the Relocation to keep the children from moving. The standard is the best interest of the child. It would be difficult for a court to approve a relocation shortly after the divorce and would be upset that the matter was not brought to them originally.

Nov 29, 1999

Question:

I'd like info on moving children out of state. It's regarding my boyfriend's children. He and his wife are divorced. They have joint custody. She is threatening to move with the children out of state. If so, who is responsible for getting the children to the father on his weekends and holidays and his time with the kids. Is she able to just up and move away with them?

Answer:

I am not licensed in the State of Utah and therefore I cannot answer your question specifically as it relates to the laws of that State. Many jurisdictions have statutory notification provision for relocation. If the mother has provided the required notice it maybe your boyfriend's obligation to file a Motion in Opposition to Relocation and/or a Motion to Modify the custody and/or visitation. Perhaps if the move would still allow the same amount of time he could just file to modify the transportation provision. If the present plan is not capable following the move, a mediated settlement of the issue or court determination is necessary to modify the present terms of the parenting plan after the move or for the court to prevent the children from relocating.

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