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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:

How can the judge order me to pay over $900 a month When I am only making minimum wage?

Answer:

I am not licensed to practice in Georgia. You should determine what information the court used to calculate your support. Make sure the information is accurate. Some factors the court may consider other than income is number of children, health insurance costs, and daycare. Use the online child support calculator for Georgia to determine if the support was properly determined.

Nov 29, 1999

Question:

My 2 boys, ages 12 and 17, are in their step sisters wedding, but it is on their dad's weekend. He is refusing to change weekends with me and says the boys are not going to be in the wedding. Is there anything I can do? The wedding is in 5 weeks.

Answer:

I am not licensed in your state. Most visitation/parenting time guidelines provide for flexibility. Most will recommend switching weekends for special events- weddings, family reunions etc. Put your request in writing. If he refuses file an emergency petition in court and see if you can get him to compromise.

Nov 29, 1999

Question:

My wife has an antisocial personality disorder. She has abused me tremendously, both physically and verbally. I am trying to fight for custody of my two sons 3 and 5. I am a farm hand working for a farmer. I do spend long hours in the fields. I have tried for years to get her help but she refuses or doesn't admit a problem. She can live in society but not in one place for very long as she lies her way through life. She's had numerous jobs that she has lost over the last 9 years. She hides the bills, the mail, everything she can so I won't find out. She drinks everyday. I being the provider and working all the time, don't have a clue to what all she is doing, but it seems to me and others that I have talked to that she may have been taking drugs. I can't prove any of that, but that's the only explanation I can come up with. How do I get proof? We are separated and she lives 2 hours away from here. I want my boys bad and I would do anything to get custody of them. Her brother and sister in law live in the same town as her where he and she have witnessed a lot of things she has done since we have been separated now for a month and a half. They have done an affidavit for me, and right now we are waiting for an answer from the judge. She has had a previous drug history. I haven't been around drugs, so I just assumed that it was the alcohol. I need answers. My lawyer says nothing to me much. I want to know what to do. If she is bipolar or a sociopath, what's the procedure or way to get her to take a mental evaluation? I've got more questions, but I'll leave it at that. Please help!

Answer:

I am not licensed in your state. Laws will vary from state to state so taking your attorney's advice is important. You will need to petition the court for a mental health evaluation. Does she see a therapist now? If so subpoena those records. You may also want to ask for a custody evaluation and/or guardian ad litem. A custody evaluator may perform some personality or psych evaluations as part of the evaluation. A GAL represents the interest of your children. Discuss these options with your attorney.

Nov 29, 1999

Question:

My parents took custody of my child about 6 months ago. I am diagnosed with psycho-effective disorder which is now completely controlled through medication. Prior to the custody change I was not medicated and had been hospitalized three times within the year, which was the reason for custody change. During the time that I was not medicated I was also arrested at my child's father's house for trespassing and resisting arrest during a fight pertaining to our child. I was put on probation and got off a year early and am in the process of expunging those records. I know that this information does not look good, but my condition is now completely under control and has been for 6 months. I am a college student and even received all A's on my report card. I currently live with my parents so I can be a part of my son's life. I am dedicated and I care for him everyday. My parents insist that eventually they will sign custody back over to me, but based on past experience I do not trust them. Furthermore they are quite wealthy and have hired an excellent lawyer. I do not want to live forever under my parents' roof. I dream of the day when i can move into my own home to care for my child without the constant chiding and scrutiny of his grandparents. Please let me know what I need to do to make this happen.

Answer:

I am not licensed in your state. Laws regarding 3rd party custody will vary from state to state as well as the standard for modifying 3rd party custody. Generally parents will have priority in custody cases over 3rd parties. That being said you are doing all the right things. Going to college, staying on your medication and living with your son. It is important to keep to have as much contact with your son as possible. The best time for you to modify custody will be when you are ready to move out of your parents' home. You want to be in a position to take care of yourself and your son. Consult an attorney your state to determine the standard for modifying custody.

Nov 29, 1999

Question:

My son wants to live with me and my current wife. My ex just sat him down with her mom and aunt and other adult family members and told him that he would NEVER live with me and he would never see his sister again. She's (11), she wants to stay with her mom and that is great, but my boy wants to live with me. She is scaring him to death and I need to know what I can do. Can I request a closed chamber so my son can tell the judge what he wants and none of us will know what is said that way he is safe in his thoughts and feelings? She just keeps threatening him about money and how hurt she is, which is understandable. Right now we have joint custody. I have Sunday to Sunday and she has Sunday to Sunday and each of us has a visit during the week, when the kids are with the other parent. We (me and My wife) are moving, and that is where this has come from. I am relocating with my company, I will be with the same company, in a new position. New town and state, but we are staying on the MO side, whil I work in Ks .

Answer:

I am not licensed in your state. It is always recommended that you consult an attorney in your state as well. If you are relocating, the current schedule you have will not be feasible. The court will consider your child's best interest when determining custody. The court will also consider the reason for your move. I recommend addressing the move with the court before moving. You will need to show that moving the child from his current home, school, relatives, friends and mother is in his best interest.

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