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Dads Divorce - Free custody and alimony advice for men and fathers.

Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.
Tags >> Erik Carter
Nov 16
2009

Ask A Lawyer: How Do I Get Uninterrupted Time With My Children?

Posted by pmcmahon in Visitation , right of first refusal , Parenting , Erik Carter , custody , Cordell Cordell, PC , Ask A Lawyer

Question:

I am wondering what the laws are on several issues.

1) On the weekends that I have our children, my ex-wife continually schedules appointments for them that interrupt my parenting time. What are the laws that protect my time so that it is uninterrupted?

2) We have a 13 year old son that my ex-wife wants to continue taking to a babysitter (her mother) on my weekends. However, my current wife is available and would be more than happy to be with him until I get home from work. What are the laws on right of refusal that allow me to exercise my parenting time as I see fit?

3) On the days that I have my children, am running 30 minutes behind and cannot pick them up on time, can I have my wife pick them up? Or does the decision get to be made solely by my ex-wife? Our current custody agreement is 51% for my ex-wife and 49% for me. Is there a site where I can look up specific laws to protect my rights for uninterrupted time with my children?

Nov 13
2009

Ask A Lawyer: Can She Really Take 1/2 My Income And My Child?

Posted by pmcmahon in Maintenance , Erik Carter , Cordell Cordell, PC , Child Support , Ask A Lawyer

Question:

Is it true that my wife can take my child, half of my income, and never let me see him?  I’m wondering what the truth is because this is what she is threatening me with.

Nov 11
2009

Ask A Lawyer: Do I Pay Off "Our" Debt Or Divorce First?

Posted by pmcmahon in Maintenance , Erik Carter , debts , Cordell Cordell, PC , Child Support , Ask A Lawyer

Question:

My wife wants the divorce and I do not although it certainly has not been a picnic living with her anymore. We have three boys, ages nine to fourteen. Financially, we are very strapped for cash (near bankruptcy) since she has run us into debt with a home remodeling that went 100% over budget. I am the only worker in the household, and she has been a stay-at-home mom for the last sixteen years.

I realize that I am going to be royally screwed in this divorce since she has been in charge of our finances for all these years. I am going to be saddled with "our" debts in addition to child support. Is it better for me to divorce quickly or to work and pay off the debts before officially splitting? Do I use my 401K money to pare down the debt or am I hurting myself even more?

Nov 09
2009

Ask A Lawyer: What Do I Do About My Ex's Instability And Our Son?

Posted by pmcmahon in Maintenance , Legal Strategy , Erik Carter , custody , Cordell Cordell, PC , Child Support , Ask A Lawyer

Question:

I am in a pending divorce because my ex was having an affair.  I don’t want the divorce, but feel I will lose custody of my son if I don’t file first. Our court date is set for September 24th 2009. The temporary custody orders gave us joint physical custody with my ex being primary and myself secondary. I currently pay my ex child support although she refuses to work.

I moved thirty miles away to Fort Smith, Arkansas, in the hopes of stopping our arguing in front of our three year old son. I have an apartment, car and new job, and have seen my son at least 48 hours weekly.  She’s living in her mother’s house which was just sold on Monday, and now my ex has about seven weeks to find a new home. I feel terrible about this, but also think I would lose everything that I’ve gained by leaving her if I cancel the divorce at this point.

Further, I’ve asked for sole custody of our son because her past shows that she has been and is still currently unstable. She at one point stated that she wanted to work on our marriage and end the divorce, but I’ve since realized it was a play in the hopes of getting me to help her gain more stability in her life.  She refuses to move in with me now, and won’t talk about our marriage without getting angry and arguing with me.

Do you have any advice for me?

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