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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.
Nov 29, 1999

Question:

My ex-husband and I have been apart for 3 years and have recently finalized our divorce. We have 3 children together and share custody. Recently, it has been verified that my 3rd child is not his. We are currently resolving that and there are no issues as far that is concerned (he is willing to give me sole custody with visitation for him). However, his mother and stepfather are angered by this and trying to step in on our business. They tried to butt their way into our mediation for the child in question by filing a motion to amend custody (they want custody of all three children). The mediation center has told them that they are not welcome to the mediation. Because of this mess, they have now filed for custody of all three children(one being non-biological) because they want control. My ex and I are on great terms and have a custody agreement in place already. He has them for the school year and I have them every other weekend and during the summer (per our agreement in mediation). I absolutely agree that even though my ex is not my daughter's father, that he should still have rights to her since he has raised her for 6 years. My question is.....do the grandparents have any rights to take them from us? In my heart I know have the constitutional right to raise our children?

Answer:

I am not licensed in Virginia. Custody laws will vary so it is important to consult an attorney licensed in your state. Some states do have laws allowing grandparents to ask for visitation rights. However, this does not give them automatic standing to ask for custody. In most states a third party can ask to intervene and petition for custody. This is usually only granted when the natural parents are unwilling or unable to care for their children. This does not appear to be the case here. It is very difficult for a non-parent to receive custody of children. Your rights as parents far exceed theirs as grandparents. However, anytime custody is at issue it should be taken seriously. I strongly recommend that you consult an attorney in your state.

Nov 29, 1999

Question:

Trying to be brief; My wife filed the papers on 2-21-08. Within the papers she said we had been separated since 11-19-07. Also within the papers she had listed all of our assets (inheritance unknown and not mentioned) On 2-15-08 my grandfather died. On 3-15-08 I learned my inheritance was $25,000, along with my son (age 7) who also inherited $25,000 In Vermont you have to wait 6 months until a final order is given. The temporary order has us 70/30 physical custody and 50/50 legal custody. My question is whether my 25k is considered marital property? I also want to ensure the 25k for my son stays intact until he is at least 18. With joint legal custody I feel confident that this will happen (I was also named trustee in the will) but I need some reassurance and any advice here as well.

Answer:

I am not licensed in Vermont, but generally any inheritance regardless of when it was received it is separate property, and she is not entitled to any of it. You need to request to have the right to take care of his account for him until he is 18.

Nov 29, 1999

Question:

My divorce was final the beginning of 2007. My ex quit his job where he was making 150k+ per year one month before the divorce was final. My ex told the judge and everyone else that he was working for a particular company. It turns out, he NEVER worked for the company he claimed and is instead doing a business in sales under the table. He is doing the exact same type of sales as with his $150k job. He does not know that I know this. He continues to talk about his "fake job" and how that's going. I am 100% positive on these facts. I'm thinking he will try to reduce child support in a year. It has been 6 months and he is still keeping up the act of having a factious job. Should I confront him or allow him to continue the lie until he tries to change the child support?

Answer:

I am not licensed in VA but I would let him continue telling his lies. Why let him know you

Nov 29, 1999

Question:

I currently have Joint custody of my 12 year old son. My child support is nominal $156 a month. It is the first order and only time we have been to court. She has never taken me back to court probably because she would be afraid of losing. She has a problem with drugs; Meth to be exact. She just got through serving 2 months in jail for meth related charges and she has to take random drug testing in a program called Drug Court. I was going to take her to court when she was incarcerated but could not because I think she would have flipped out and probably cause her to be evaluated in jail. My son likes staying with me although are custody is joint. I have him 5 night a week because I am worried about his school attendance. She has agreed to this but she will not do anything to change custody pmts other then welfare. This is her only source of income. My son says he wants to stay with me most of the time and stay with her on weekends. The things she may have on me is 1) a charge of domestic violence in which I plead no contest; this was approximately 2 years ago. 2) I work a night shift which I don

Nov 29, 1999

Question:

My ex-wife asked me in the beginning of summer 2006, approximately May, to take my daughter to live with me, as my daughter was failing academically, behaviorally, and causing much grief in her mother

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