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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:

My ex and I were divorced in June 2001 in the state of Texas. We have an 8 year old son. We have joint custody with her having primary custody. I was given standard visitation. In the decree it states that we are to meet halfway between our residences to exchange our son regardless of distance. I moved to Nevada in May of 2004. Since then, I have only seen my son one twice, once in the summer for a weekend and then for a few days during Christmas. Both of those visits were in Texas. My ex refused to let me fly my son up to Nevada for my summer visitation. It is my year to get him for Thanksgiving and now she is refusing to let him fly up here unless I fly down there to get him. She has filed to try and get sole custody of my son and I was served some papers but nothing has happened to my knowledge. I can't really afford to hire an attorney and she has a friend of hers that is a Criminal Defense attorney working for her. According to her attorney, when I moved out of Texas, the order for us to meet half way became null and void. All I want to do is see my son. I pay child support and I have no problem paying for the plane ticket but I can't afford to take off work an extra day and fly down there to get him. I thought about filing a Motion to Enforce the court order but I wasn't sure if that would be enough and if I need an attorney to do so.

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 Nevada. It is difficult to interpret your Order without knowing exactly what it says. Generally, if one party moves the Decree stays in effect regardless. However it depends on the language that is used. A motion to enforce could be effective. However a Motion for Contempt is probably a better solution. It states that she has failed to follow the Court's Order and request the Court to have her pay your attorneys' fees. Although an attorney is not required, I certainly recommend one.

Nov 29, 1999

Question:

My ex and I were divorced in June 2001 in the state of Texas. We have an 8 year old son. We have joint custody with her having primary custody. I was given standard visitation. In the decree it states that we are to meet halfway between our residences to exchange our son regardless of distance. I moved to Nevada in May of 2004. Since then, I have only seen my son one twice, once in the summer for a weekend and then for a few days during Christmas. Both of those visits were in Texas. My ex refused to let me fly my son up to Nevada for my summer visitation. It is my year to get him for Thanksgiving and now she is refusing to let him fly up here unless I fly down there to get him. She has filed to try and get sole custody of my son and I was served some papers but nothing has happened to my knowledge. I can't really afford to hire an attorney and she has a friend of hers that is a Criminal Defense attorney working for her. According to her attorney, when I moved out of Texas, the order for us to meet half way became null and void. All I want to do is see my son. I pay child support and I have no problem paying for the plane ticket but I can't afford to take off work an extra day and fly down there to get him. I thought about filing a Motion to Enforce the court order but I wasn't sure if that would be enough and if I need an attorney to do so.

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 Nevada. It is difficult to interpret your Order without knowing exactly what it says. Generally, if one party moves the Decree stays in effect regardless. However it depends on the language that is used. A motion to enforce could be effective. However a Motion for Contempt is probably a better solution. It states that she has failed to follow the Court's Order and request the Court to have her pay your attorneys' fees. Although an attorney is not required, I certainly recommend one.

Nov 29, 1999

Question:

I am asking this question for my brother. He is in the process of getting a divorce in Nevada. His wife had a baby about 6 weeks ago, but they have been seperated (by her request) for a few months. He is currently visiting the baby at his wife's home. He has asked to take the baby with him, to visit at another location, to visit the baby during meetings that she has, and to increase visitation. His wife repeatedly tells him no. She gives no reason to why. She told him that her attorney said that he isn't allowed to take the baby, without her consent. My brother's attorney states that he is allowed to take the baby. I have read some Nevada laws on this subject. It states that if they are still married that they have joint custody. What are my brother's rights? What can he do to help his situation? His wife has a history, she has another child from another marriage, of taking parenting rights away and of not allowing visitation. She has also filed a stipulation order. My brother asked to change one thing on the order and agreed to the rest of the order. He signed the order and sent it back to her lawyer. Does that constitute a void in the original stipulation order? Since my brother signed the order she has reduced his visiting hours and has changed many of the visiting days, that she originally agreed to. Is she in violation of the stipulation order?

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 Nevada. He is entitled to the same custody rights as her, unless there is a court order stating otherwise. As far as the stipulated order, there should not have been any changes made to it after he signed it. He needs to talk to his attorney regarding correcting the Order or going to court on a motion to get his custody time straightened out. He can take these issues to the Judge if his wife is not cooperative.

Nov 29, 1999

Question:

A friend recently pointed out to me that my ex has a profile on myspace.com and upon further investigation I am less then happy about what is on it. My ex goes on about how she likes drink and swear and how proud she is that she gets called a tease at least once a week. She has a picture of our son posted in her profile which I am horribly upset about and is also posting pictures of herself in her undergarments. She is claiming to be too ill to work but has posted a comment volunteering to paint a guy's new house because she has so much free time. Theses are just a few of the details I have discovered on her profile and I am very concerned for the environment my son is in and how he is being cared for. I would very much like to bring this information to the attention of the courts, would they take it into consideration and how could I proceed?

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 Minnesota. As far as the Court goes, they will consider her conduct, if they find that it is not in the child's best interests to be with her. Is there a maintenance/alimony order in place? If so then you could also use this information to attack her ability to work. It is difficult to say how this will impact your case as this area, the Judge has a lot of discretion.

Nov 29, 1999

Question:

Here is a brief run down of my dilemma: In July of 2004, I filed for divorce because my estranged wife falsely accused me of beating her up. There was an altercation and some wrestling but there was not any battering. Anyway, I copped a plea of guilty, took what the judge gave me and continued on with the divorce. In January of 2005, joint custody was established with our 15-year-old daughter and her primary residence was to be with her mother. Child support was set at 570 dollars a month. I agreed to that and had no problem paying that. I was paying a 900 dollar mortgage even after I moved out so that my daughter could have a roof over her head. In June of 2005, my daughter was assaulted by her mother because she had told her mother that she wanted to live me. Her mother grabbed her by the throat and pinned her up against the front door. My daughter struggled to get away ran for the back door where her mother met her and dragged her back into the house and locked her in her room . The next day my daughter called me from her grandmother's and asked me to come and pick her up that she could not live with her mother anymore. Since this has happened, I have been fighting tooth and nail with the friend of the court to suspend my child support. All I have gotten was the support in an escrow account. I have had a court date for this but the judge would not make a determination because child support and custody are "entertwined" as he put it. I have a provision in the order that any back support is to be preserved until it is determined if and when I get some sort of credit for paying the mortgage, truck payment and medical bills for my daughter. The friend of the court is showing very heavy favoritism toward the mother and is being manipulated by her and was going to release the money in escrow to her until the deputy friend of the court intervened. What can I do about the friend of the court and his animosity towards fathers? He has a reputation of denying fathers what is rightfully theirs.

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 Michigan. I assume you have an attorney based upon the Orders that you stated are in place. I am not familiar with the friend of the Court and deputy friend as these do not exist in Missouri. It sounds like you and your attorney are doing all you can do at this time. It appears that the Judge does not want to make an interim decision on child support, as custody is not decided at this time. That is a common approach by Judge's to avoid decisions on one issue when there is an overlap with another issue, as the Judge pointed out. As far as favoritism on behalf of Mother from the friend, based upon what you have provided above, this favoritism does not decide custody. There are clearly more important factors that the Court will rely upon.

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