Divorce Advice for Men | Fathers Rights Divorce | Child Custody

By Matt Allen

Editor, DadsDivorce.com

TV star Kelsey Grammer is reportedly proposing an unusual child custody agreement with his ex-wife: he gets custody of their son; she gets custody of their daughter.

The former "Frasier" star has petitioned for primary physical custody of his 6-year-old son who would live with him and his new wife in Chicago while his 9-year-old daughter would live in California with Grammer’s ex-wife, Camille, according to documents obtained by TMZ.

So how do child custody laws treat split custodial arrangements where one child lives with one parent and the other child with the other parent?

Question:

My wife and I are separated and she has been awarded temporary sole custody and has had this custody for over a year now. But I watch our child when she is working or going to school, which means I'm watching our kid the majority of the time. Now she is withholding the child from me because of a recent argument.

Is there anything I can do as far as seeing my daughter more often or to get more parenting time? I have asked her why she is doing this and her reason is because she simply does not want me watching her anymore!

By Molly Murphy

Attorney, Cordell & Cordell

Note: Part 2 will guide parents through handling joint legal custody without verbal communication if you and your spouse cannot deal with each other amicably. Click here to read Part 2.

When most clients come in they know what kind of physical custody they are looking to enjoy with their children. Many though do not realize that physical custody is not the only kind of child custody available. Legal custody covers major decision-making responsibilities affecting the children, including religious education, choice of schools, tutoring, cultural education, extracurricular activities, health care, etc. 

Parents can be awarded joint or sole legal custody of their children. However, each parent shall make decisions regarding day-to-day care of the children and in emergencies affecting the health and safety of the children while he/she is the responsible parent. Further, both parents should try to be consistent with each other in day-to-day decisions and discipline of the children.

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

• My ex-wife has had social services called on her for neglect. What steps do I need to take to get custody of my kids?
• Can my wife keep marital property and assets from while we're going through a divorce?
• How do I go about a forced sale of marital property?
• Even in no-fault states will the court take into effect marital misconduct when dividing the assets?
• What would be the first step in attempting to change modifiable maintenance?
• What are some of the ways to approach a sole custody arrangement?

Question:

I got divorced about 3 years ago. Both of us have remarried. She got sole custody of our kids with me paying 100% of their support, health insurance and co-pays. Now she is saying she has the right to claim both kids on their taxes and I don’t. Is this true?