Divorce Advice for Men | Fathers Rights Divorce | Child Custody

By DadsDivorce.com reader Big D

Over the past few years I have had to go back to my Divorce Settlement Agreement and rely on what was “agreed” to in that document. There are times I am very happy, but there are other times I wanted to yell out loud because I agreed to such horrible wording and details.

In an effort to help my fellow divorced dads out there, I thought I would at least put together some wording phrases that I suggest you consider. You need to think about the future, not today. If the wording sounds corny, silly, or not important at the moment, that might not be the case in two to three years.

In Part 1, I wrote about tips on wording parenting time and holiday visitation. Part 2 discussed wording for picking up and dropping off the kids, education, alimony and child support. Today's final part will address child care, overnights and remarriage.

Question:

My fiancé's ex wife is trying to stop me from being around his children, especially if I spend the night while he has the children though we do not sleep in the same bed. Can a judge really order me to not be around his kids or spend overnights with him when the children are present? I'm about to be their stepmom!

Question:

My ex-wife has become romantically involved with another man who has proposed to her. This guy has also been purchasing items for my three kids when they are with my ex-wife. Does this action allow me to seek child support from her? The divorce decree states that neither party is responsible for child support, but since my ex is now spending less and less of her own money on the kids because of the new man in her life, does this give me any substance for pursuing child support from her?

Question:

I am in the military and am paying child support to my ex-wife. She has remarried another military man. Can I pay less money for child support because my ex-wife and the children’s stepfather claim the children in the Defense Enrollment Eligibility Reporting System (DEERS), cover the children under Tricare, and receive Basic Allowance for Housing (BAH) with a dependent rate because of the children?

I know it's not the obligation of the stepfather to provide for them but if the government is paying him BAH for my children isn't he technically taking responsibility for them?

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

• Can I sell the marital home under temporary orders? If I can't sell the home under temporary orders, then how soon could I sell the home? Finally, should/can I file for bankruptcy under temporary orders?
• Can we receive both child support and the auxiliary child benefit?
• I have primary physical and joint legal custody of our child. During vacation time that I have this year (spring break, summer) the decree states my ex has first right of refusal if a babysitter is necessary. Does this apply even during my holiday time?
• If I get laid off from my job, can I get alimony and health insurance from my ex even if she has remarried?
• If my pregnant wife gives birth before our divorce is finally, are the children legally mine even if paternity hasn't been determined?