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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:

I was married in '99. We had a child in'99. Divorced in March of '02. Only on paper. We still lived together, loved and I was taking of the children in the middle of the night. She paid the bills. I served the meals, put the children to bed, read children stories, toilet training...you get the point. Yes, I'm the man, ex-marine/outdoorsmen. In Feb., I gave her a wedding ring and she said she would never take it off and we would get married again. In March she got engaged to another man and asked me to move out. Is it unrealistic that we should have joint custody/parenting time? I never read the divorce papers but she always said that we had joint custody. We were together and I loved her and trusted her. I work a week on, then week off. Our child is 5. And she wants to be with me when I'm off.

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 Oregon. It is realistic to have joint custody based upon your questions. Depending what your original decree says from 2002, your case sounds like you can file a Motion to Modify with the Court. You should consult with an attorney regarding modifying your Order to reflect the custody arrangement that you want with your daughter. Good luck.

Nov 29, 1999

Question:

My husband

Nov 29, 1999

Question:

My divorce was final a year ago. I didn't get an attorney and we just used hers. When they calculated the child support, they did it based on me having my children the minimum (every other weekend). I didn't really care what they put down because I knew my children wouldn't stand for that. During this year, I have had my kids (overnight and all) a minimum of 50% of the time. I have documented everything (I do this on everything, weight, blood pressure, vacation, workouts, I could go back 5 years) on spread sheets. I have also kept every email from my ex, many of which clearly state the plan that we should have the children 50/50. I go get them and take them to school, etc. I do the traveling 100% of the time. If I look at the amount I should be pay (online tables) it's clear I am paying way too much. My question is will this be hard to change? Of course, I will use a lawyer this time. Will the Judge say you can afford it so you can pay it? I make good money, and I re-married and my wife does well also. All I heard during the divorce is this is fair (she gets tons of money I worked hard for). Now I'm wanting to say...This is fair....FYI, she left me for another guy...which went South a long time ago.

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 Oklahoma. In general, a court will modify child support upon a showing of change of circumstances. It appears there has been a change of circumstances. I definitely advise that you seek counsel and file a Motion to Modify child support as well as custody. You will request a reduction in support, and a custody agreement that accurately reflects what you and your ex-spouse do with your children. Good luck.

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.

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.

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