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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.
Oct 07, 2005

Question:

I have two vehicles which are both financed. My ex wants the use of one of the vehicles but wants me to continue to pay the bank payments as well as the insurance on both vehicles. I want to sell one of the vehicles after the divorce because I can not afford to make the payments on both. What are my rights in this situation? Also, she kept all of my guns and ammunition and sold them. What resources do I have available?

Answer:

First let me say I am not licensed to practice in New Hampshire. You must consult with an attorney in your state to determine the exact laws that will apply. The division of the assets will depend on what your settlement agreement or court order says. IF the court orders you to continue making payments on the car then you will have very little options. Is the car in both of your names? If your name is on the financing, it is obviously in your best interest to make the payments. If she wants to keep one of the cars, I would ask her to refinance the vehicle and remove your name. I would also make sure your divorce decree gives her a time period within which to accomplish this. It should also say that she is responsible for all payments. If she will not agree to these terms then have the court decide what should be done with the vehicles. As far as the sale of the guns, your recourse will most likely depend on when she took this action. Prior to filing of the divorce or during. Was there a restraining order on assets? If so, then she may be in violation of the order. If no order is in place and the sale occured during the divorce, I would make sure that the value of the guns is included in the marital estate.

Oct 05, 2005

Question:

I have a 3 year old son with an ex-girlfriend. My current wife and I were told we can no longer see him, due to the fact that in February 2005, I was asked by his mom if I would take him and look after him while she went on vacation for her birthday. I told her no simply because the last two times he was with me (while she went out of town) she didn't return when she said she would and caused me to recieve a warning and a write up on my job due to tardiness. She immediatlely said I will never see him again, and even called my sister, who would get him some weekends from her, and told her she can't see him anymore because she knows that she would let me see the child. I'm ordered to pay child support. Now I don't have a problem paying it. I want to take care of my son, but if I can't see him do I still have to pay? What can be done? I'm sure she can't have it both ways.

Answer:

It is unclear in your question if you have a court ordered custody order. You need to file a Petition for Determination of Father-Child Relationship (a paternity action) to establish any physical or legal custody rights to your child. The division of child support enforcement can determine paternity and enter a child support order, but cannot enter a custody order. If you do not have a custody order from a court you cannot stop paying child support because you are denied visitation. However, if you have a child custody order that the mother is refusing to file, I suggest that you file a Motion for Family Access and Motion to Suspend Child Support. Missouri has a law that allows a parent to petition the court to suspend child support when court ordered visitation is denied for thirty days or more.

Oct 05, 2005

Question:

I have filed for divorce in MO in December and am asking for custody of my children since that

Oct 05, 2005

Question:

If there are no serious issues between divorced parents, can a child just decide that they want to live with their noncustodial parent, even if the parent who has custody does not want it ? If so, what is the age ?(In Texas) Thank you, Gina

Answer:

I cannot answer your questions specifically to the laws of Texas as I am not licensed in that State. It is possible that there is a specific statute in your State that provides for an age for a child to determine or provide impute into the custody decision. Generally, a child can testify when they are of sufficient maturity to understand and take the oath to testify truthfully. However, the child's wishes are only one factor in my jurisdiction that the judge uses to determine the best interest of the child and the custody arrangements. Usually by 12 years old a child can testify, but the court will not give much weight to his choice. As the child gets older his wishes carry more weight. By fifteen or sixteen if the child is of general maturity and has logical reasons for changing the custody the court will often abide by the child's wishes.

Oct 05, 2005

Question:

My wife and I are in the process of a divorce. We have signed divorce, agreement and child custody papers and awaiting the final date. Wife is a pathological liar and cheated and is still dating a guy. The lies have now caused me to question the boyfriend's ability to be allowed around my 6-year-old daughter. Wife claimed he attempted to rape her one night, that he threatened to commit suicide (was going thru his own divorce) and the times he called the house and I spoke to him he was drunk. My wife's allegation of attempted rape was told to me and a mutual friend. She now claims it was a lie and that he no longer drinks and the suicide threat was a cry for help. I have asked during our separation that he be kept away from our daughter on the nights wife has her. Until recently this was met. Wife also is on anti-depressants and is prone to emotional outbursts. Is it possible to obtain a restraining order protecting my daughter from boyfriend based on the items I described? In our agreement I have kept custody of house as family residence, no alimony and agreed to daughter's education, medical etc. These items are also being kept in mind in regards to restraining order until divorce is final. Please help a confused, caring dad.

Answer:

I cannot answer your question specifically to the laws and statutes of Texas as I am not licensed in that State. Generally a restraining order is appropriate for a child only when the child is threatened. In the description, your Wife would have grounds for a retraining order, but many judges would not enter one on behalf of the child as she was not threatned, abused or neglected. I would suggest that you consider filing for a temporary order inside the divorce that sets forth restrictions on the boyfriend's contact with the child. The result would be the same as a retraining order, but would likely take more time to obtain. You could consider requesting the appointment of a Guardian Ad Litem to protect the interest of your child.

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