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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 19, 2005

by the Attorneys of Cordell & Cordell, P.C.

Sometimes, a story will appear that makes you think legislatures have no idea of the impact of certain laws being enacted. It is only when a statute is passed, and the rights of a state’s citizens restricted, that the full effect can be measured. It is hard to imagine just how anyone could have voted for a law where an unwed father only has fifteen days to “stake his claim” upon the birth of his child, or risk losing the child forever in an adoption proceeding.

 


Oct 12, 2005
Tyrants and totalitarians never lack excuses for new forms of tyranny, and they are usually good ones: "necessity," "public safety," "the poor"

Oct 08, 2005

Question:

I am filing against the custodial mother who lives with my children in Idaho. My son has had 37 absences and the school will be failing him. Does my complaint of negligence(against custodial mother) fall under Georgia law where the child custody is filed or Idaho where the child lives.

Answer:

I am not licensed in Idaho or Georgia. Normally, the state that initiated the custody case retains jurisdiction. However, if the children are and have been residing in Idaho for some time the case may be move there as a more convenient forum. You would need to start the proceedings in Georgia. Consult with an attorney in Georgia to determine the likelihood of the case be transferred to Idaho.

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.

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