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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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Ask a Divorce Lawyer: What are the chances of getting custody if I'm in the military overseas?

Jan 26, 2010

Question: My cousin is a Marine. He got married and shortly after they learned she was pregnant. He had to leave for military reasons for a few months. While he was gone she told him she had an abortion and that she wanted a divorce. A few weeks later, her new boyfriend called my cousin and said that he thought he should know that it is a boy so apparently she didn’t have an abortion. 

My cousin has always wanted a child and can support the baby and has people who can care for his son if he has to go back to Iraq but he can't even prove that she is still pregnant since she refuses to talk to him or see him. We are afraid that even though she is too far along she would try to abort the baby now just to hurt him. 

What can he do to prove she is an unfit mother, protect his unborn baby and get sole custody? This is harder since he may be deployed overseas before her due date.

 


Posted by: mallen | Comment (1) |

Ask a Lawyer: Pregnant wife threatening to move if husband files for divorce

Nov 29, 1999

Question:

A very close friend of mine is currently married, but wants to get divorced. Unfortunately, his wife is pregnant which is making things more difficult. My friend has gone to all of his wife's doctors appointments and done his level best to be supportive despite the fact that their relationship has continued to degrade. A few days ago, they had a horrible arguement and when he said he was unhappy and he was leaving, his wife told him she would move out of state with his child if he did. My friend is terrified and miserable. What legal recourse does he have if they are still married and his pregnant wife moves out of state?

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. That is a difficult question. In general, once a case has been filed that state has jurisdiction over the children of the marriage. If they have other children, then she would not be able to take them once he has filed for divorce. If they do not have other children then the answer is less clear. I advise he seek advice of counsel as soon as possible to determine what measures are available in Ohio. It can be very difficult to bring someone back once they move so it would be better to head her off from moving if possible.

Posted by: admin | Comment (0) |

Ask a Lawyer: Father's rights relating to an unborn child

Nov 29, 1999

Question:

My fiance and I recently went our seperate ways. She is currently pregnant with our child and due next spring. Due to recent comments and actions from her, I am afraid that she may leave the state, and that I will have no say on the child's name. Or that I may not get to see my child for the first few weeks. Her OB/GYN has me listed as the father. As we both were there during the first visit. Does an unmarried father-to-be have any rights?

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. I know of persons in my jurisdiction who were able to file a paternity action prior to the birth of the child to try to prevent the mother from moving away or depriving him of those first days. I do not know if a paternity action for an unborn child is permissive in Ohio. It would be rather unusual, but is probably your only avenue to try to protect your rights. Also there is something in my jurisdiction called the putative father registry. It allows a man who believes himself to be the father to put it in the public records. I suggest you register with them. Also in your paternity action, you will want to ask for the child to have your name. The court will not always do that. If there is any argument from her, then usually they will need to determine that it is in the childs's best interest to have your name.

Posted by: admin | Comment (0) |
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