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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.
Mar 22, 2005
The nation is in revolt over marriage. Some 17 states have now passed amendments to protect the definition of marriage, and more will follow. The issue is plausibly credited with creating President Bush's margin of victory in the 2004 election and that of some congressional candidates. 
Same-sex marriage has also shaken the decades-long loyalty of African-Americans to the Democratic Party. Only a short time ago, few would have predicted such a public uprising in defense of marriage and the family. And this may be only the beginning. Bill Cosby's celebrated remarks last year on family morality -- and the largely positive response -- has placed a once-taboo subject at the top of the African American agenda.


Mar 02, 2005
Most of the reservists called up to serve in the Iraq war have paid a big price: a significant reduction of their wages as they transferred from civilian to military jobs, separation from their loved ones, and of course the risk of battle wounds or death. Regrettably, on their return home, those who are divorced fathers could face another grievous penalty: loss of their children, financial ruin, prosecution as "deadbeat dads," and even jail. Reservists' child-support orders were based on their civilian wages, and when they are called up to active duty, that burden doesn't decrease. Few can get court modification before they leave, modifications are seldom granted anyway, and even if a father applied for modification before deployment the debt continues to grow until the case is decided much later.
Jan 12, 2005
One impressive vote last November second has been overlooked by the media. By 85 to 15 percent, a ballot initiative in Massachusetts approved equal legal and physical custody of children whose parents are divorced. That ballot initiative is nonbinding, but it certainly is indicative of the will of the people and the growing recognition that children are best off under the care of both parents. The initiative came out of the grassroots with a massive signature-gathering effort during the summer. The proposition appeared on the ballot as follows: "Shall the State Representative from this district be instructed to vote in favor of legislation requiring that in all separation and divorce proceedings involving minor children, the courts shall uphold the fundamental rights of both parents to the shared physical and legal custody of their children and the children's right to maximize their time with each parent, so far as is practical, unless one parent is found unfit or the parents agree otherwise, subject to the requirements of existing child support and abuse prevention laws?" This initiative was sponsored by a fathers' rights group whose members believe that fathers are systematically discriminated against by family courts which nearly always award physical custody to the mother even when the father has committed no fault. Family courts typically deny faultless fathers their equal parental rights even when state law appears to require equal custody. California Family Law, for example, states (Sec. 3010(a)): "The mother . . . and the father . . . are equally entitled to the custody of the child." The only specific examples the statute gives for denying custody to a parent are child abuse, false accusations of child abuse, abuse of someone else with whom the person has a domestic relationship, substance abuse, and conviction of certain felonies. State laws about custody rights vary, and only about a dozen states specify a legal presumption in favor of equal custody. Iowa's new law says that if a court denies a request for joint physical custody, the judge must explain why it's not in the best interest of the child. Whether or not a state law mandates equal rights to both parents, family courts appear instead to rely on a concept called "the best interest of the child." Since that notion is wholly subjective, an undefinable rule with no standards or accountability, in practice it rests on the personal whim or bias of the family court. Family court judges find unwelcome the task of rendering a judicial decision detached from the law and from any due-process finding of fault, so they call on a court-appointed psychologist to provide his opinion of who should have custody. But the issue before the court is not psychological (except in rare cases of mental illness), and the psychologist's credentials no more qualify him to determine what is "the best interest of the child" than the judge -- or the father or mother. The social ills that are caused by the lack of a father role-model and discipline-dispenser in the home have been voluminously reported. We've been led to believe that the plight of fatherless children is caused by husbands walking out on their wives, fathers abandoning their children, and deadbeat dads. That may be a primary cause in the matriarchal welfare system, but no evidence supports a claim that large numbers of non-welfare fathers are voluntarily abandoning their children. Thousands, perhaps millions, of middle-class children are growing up fatherless because the family courts have deprived them of their fathers. One of the best-kept secrets in American society today is that two-thirds of divorces are now sought by wives, not husbands. The feminist movement has taught wives that they can seek "liberation" by walking out on the marriage contract and marital duties and still reap the benefits of marriage, i.e., their children and his money. Some 80 percent of divorces are involuntary, over the objections of one spouse. Very few of these divorces involve grounds such as desertion, adultery, or abuse. We urgently need a comprehensive study of how many family court decisions deprive fathers of their parental rights, and deprive children of their fathers, when that awesome punishment is not based on any finding of fault. Information is difficult to gather because most of what family courts do is not available to public scrutiny. How many children are separated by judicial fiat from involuntarily divorced fathers who have done nothing wrong? How many children are separated from their fathers because of questionable child abuse accusations without any evidentiary hearing or due process of law? Fathers are starting to fight back. During 2004, federal class action suits were filed against 46 states on behalf of an estimated 25 million non-custodial parents, primarily fathers, claiming violation of their right to equal custody of their children. The gay-rights lobby has a national strategy based on federal "equal protection" to get their day in court to demand marriage licenses. What we really need are laws ensuring that children of broken homes have equal access to their fathers and mothers.
www.eagleforum.org

Jan 05, 2005

Question:

My new wife was just served with a complaint from Pennsylvania where we live. It was sent by the state of North Carolina where my ex lives. She is requesting more money. They requested me to show up but I currently live in Iraq... She filed this motion in NC and in PA. So I have NC garnishing my money and I have PA requesting documents from me to modify and garnish my wages... What am I to do?

Answer:

Have your current wife retain an attorney and seek protection under the Soldiers and Sailor's Relief Act. This Act prevents the prosecution of litigation against military personel on active duty. This will delay the action until your return, but not prevent the action from going forward when you return. With regard to the situation presented, it appears from the limited information presented that the proper procedure under the uniform child support statutes is being followed. The State that is the residence of the child will perform the modification, but your State of residence will enforce the action.

Dec 07, 2004

Question:

The mother said I better claim him on my taxes and threaten to take me to court if I did not claim him. Then I found out someone else claimed him. I had already claimed him on my taxes. I'm not sure what I can do. She also has broken 5 court orders from the stipulated parenting plan. I am still not sure what I should do. Every time I take her to court they make me pay her attorney fees.

Answer:

Allow me to preface my response that I am not licensed to practice in New Mexico. Why would someone else be entitled to claim your child? Do you have a right via Court order to claim the child? Most likely the IRS will audit your return. If you have incorrectly taken the exemption, you will find out from them. Also check with your tax preparer if there are steps you need to take regarding disclosure of the same.

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