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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 29, 1999

Question:

My wife and I have both sought legal counsel regarding separation. She has taken the children for the holidays to her parents house two states away. Her two comments were: 1. If you want to see them, you have to come to my parents' house. You cannot take them away from here to your family. I will not allow it. Do I have any legal rights to 50-50 custody until this is settled? 2. She said she wants me out and says I have to leave immediately. Do I have a legal right to stay there until the separation agreement?

Answer:

Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Virginia. You are both equally entitled to the children as well as your home. The only way to change that for either of you is through temporary order of the Court. 50/50 custody will be more feasible long term if you start it as soon as you separate, so I suggest moving forward on a plan with your attorney to do the same.

Nov 29, 1999

Question:

I live in Virginia and am recently divorced. My ex-wife has primary custody of the three children in the divorce papers. Since the divorce was finalized, my fourteen year old son has come to live with me. He has lived with me continuously for a month now. He does not want to return to live with her, and refuses to go back. I plan to travel out of state on an overnight trip to North Carolina for the Christmas holiday. My son wanted to go with me after spending Christmas morning at his mother's house. She is refusing to let me take him, saying I cannot take him out of state. The divorce papers do not say anything prohibiting me from traveling out of state with any of the children, and I am unable to find the state code online to find out if I can take him out of state on this trip. Can you please advise?

Answer:

Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Virginia. In general, a parent is not prohibited from out of state travel with the minor child. So long as the time (holiday) is awarded to you, and you provide her with an itinerary and telephone numbers, etc., I know of no reason why you can not take him across state lines to celebrate a holiday with family.

Nov 29, 1999

Question:

I was served an "Original Petition for Divorce" and returned "A Written Reponse to the Original Petition for Divorce" to the Bexar County Courthouse. Included in that written response was a settlement agreement. I live in San Diego and am corresponding with the plaintiff's attorney and the court. I received yesterday a filed stamped copy of the Motion to set on the Non-Jury Docket. The hearing is set for January 26, 2006 at 9:00 A.M., in the Presiding District Court. Remembering that I do not live in the state and have been corresponding, what are my options to this motion and am I compelled to attend? If I am not in attendance may the court stipulate to settlement, child support, visitation matters? Or is the hearing limited to setting a date?

Answer:

Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Texas. I would never advise you not to appear to a matter that you are uncertain as to the proceeding. I advise you call the Court's clerk and inquire what is set. If you do not appear then your wife can ask the Court to enter a default Judgment against you (assuming you have been served).

Nov 29, 1999

Question:

This regards my grandson. His mother left him when he was 6 months old with her parents. My son & her had just split -- they were not married. My son's name is on the birth certificate. Son/grandson came to live with me. Mother left the state & married someone else. During a time when her parents were helping us take care of him, she flew back to Texas & took my grandson out of state. Four months later, she was back in TX for a court hearing. During that time, she once again left the State to return to her husband leaving my grandson once again with her parents -- also left her other son who is not my grandson. After 2 wks they finally allowed us to pick up my grandson. We have had him since 12-09-04. For support purposes, my son has been designated as Custodial Parent through the Attorney Gen. of TX. She is the non-custodial parent. We are still paying legal fees from the 1st episode. She has not had any contact with my grandson since Thanksgiving 2004. She is now living back in TX. Does my son have any type of rights that would keep her from "snatch & running" with my grandson if she got the chance? My grandson is content, happy, well adjusted (as far as a 2 1/2 yr old can be). Is there any protection or recourse for us?

Answer:

Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Texas. Does she have vistation rights? If not, then you can require she only visit at your home. If you have to go to Court over it, then you can plead the facts you have mentioned in your question and request that any visitation she have be at your home or supervised by an objective third party.

Nov 29, 1999

Question:

My mother lives in Iowa and my dad lives in Tennessee and they filed for divorce but he has yet to receive divorce papers, and my mother apparently has already remarried. She said the divorce was final on Oct. 25, 2005. My question is there any way my dad can find out if he's really divorced without having to have any contact with my mother? Plus, is there not a waiting period on when a person gets remarried after they get divorced?

Answer:

Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Tennessee or Iowa. Your Dad can call the county courthouse where the divorce was happening and get a certified copy of the divorce mailed to him. There will be a small fee. I am unaware of any waiting period after a divorce in any state.

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