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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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How will divorce affect me since I've been the primary care provider?

May 26, 2010

Question:Samuel Sanchez divorce lawyer

What do I do since I've been the primary care provider for our son for all of his life and have not worked? She asked me to stay at home with, but now I have no money to afford a divorce attorney. To top it all off, through her spending of every cent that comes into the house, we are also in Chapter 13 bankruptcy. Basically, what do I do now?

 


Posted by: mallen | Comment (0) |

Ask A Divorce Lawyer: Who gets to claim our daughter on their taxes this year?

Jan 23, 2010

Question: 

My ex and I have joint legal custody. In 2005 I gave him primary physical custody so he could spend his time raising our daughter. He put her through school and paid for all of her expenses, so I gratefully gave him all the income tax for every year he had her.

We decided on no child support because we both have her equal amounts of time; I have her every day she is not in school. Last year she moved in with me but I did not have the paperwork changed to show that I had primary physical custody. Since I had her in school I paid all her expenses and asked him for no child support.

Now that it is income tax season I told him I was going to file her on mine since I had physical custody and he paid no child support. He says that because I did not change the paperwork it is illegal for me to claim her. I say I should get the income tax and that he gave up his primary physical custody when she moved in with me. Who is right?

 


Posted by: pmcmahon | Comment (0) |

Ask A Lawyer: Primary Custody & College Expenses

Nov 17, 2008

Question:

My ex-wife and I have joint custody of our son. She has him one more day a week than I do. In our divorce decree it states that we shall make all decisions for our son together if we cannot reach an agreement then a mediator will step in and make it for us. In the divorce decree it states that she is primary custodian, please explain to me what this exactly means, she thinks it means that if we cant agree on something together that she ultimately gets to make the final decision for our son.
Thank you,
Steve, Oklahoma


Posted by: rortiz | Comment (0) |

Ask a Lawyer: Whjat has to be done to switch custody of the kids?

Nov 29, 1999

Question:

I have a 17 year old daughter that I want to have the legal claim of custodial parent. My ex is willing to sign over this right. The state dept that we spoke with said we need to have an attorney to get this done. Can you tell me what needs to be done and suggest an attorney?

Answer:

If the matter is by consent you need to file a Motion to Modify (along with a proposed parenting plan, financial statements and a filing fee check) in the Court that entered the divorce or paternity judgment. The Motion needs to be served upon the mother or she needs to file a waiver of service. After thirty days following service/waiver you can submit a proposed judgment to the court. Some judges will allow you to file the judgment with an affidavit from both parties so no court appearance is necessary. If you are not allowed to submit by affidavit a short court appearance is required. It may also be necessary for both parents to complete a parent education class. Please feel free to contact Cordell and Cordell P.C. at 1-866-DADS-LAW for a consultation.

Posted by: admin | Comment (0) |

Ask a Lawyer: Ex-wife may contest my relocation with son - can I win?

Nov 29, 1999

Question:

I live in Ohio and have accepted a great job in North Carolina. This would be an increase in pay, promotion, better city, better schools. My ex-wife moved two hours away from her son after our divorce and now lives in another city in Ohio. She is threatening to contest my move as she claims it would not be in the best interest of the child as she would not be able to visit as often and the travel time would be too long. I hammered out a visitation schedule that would allow more time than is currently alloted and suggested that my son fly for his visitations. She has balked on this and has also balked on working through mediation. From the time we separated, I have kept a journal of my ex's visitation and have pages and pages dating back four years of her inconsistent visitations. She has willingly missed his first day of pre-school, kindergarten, and either I or my current wife take him to all medical and dental appointments. She only attended two of his 8 soccer games this fall, made him miss a game so that she could attend a birthday party for her fiance's cousin's birthday and missed his trophy ceremony because she had a massage scheduled. Her lack of interest has been documented up to as late as last weekend when he came home after being with her for only 36 hours with his nose literally skinned, raw and bleeding from where she claims she tried to wipe his nose even though he did not have a cold (I took pictures). She wears her children like an accessory and I have documented many times - more often than not - where my parents have our son more than she does when he is supposed to be visiting with her. I have many witnesses to her neglect from his baby sitter, to family, to school teachers, mutual friends, ex-boyfriends, to co-workers, (hers and mine). With this in mind, can she still prevent me from moving?

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 Ohio. In most jurisdictions the standard for relocation in the event a parent objects is what is in the best interest of the child. It sounds like you have a good case to fight her and win. However, your job may be gone by that time as you may be looking at fighting this issue in court with her. I advise filing with court as soon as possible and putting the ball in her court to see if she really fights you.

Posted by: admin | Comment (1) |
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