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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 >> divorce. child custody
Jan 20
2010

Ask A Divorce Lawyer: Do I file for custody or divorce first?

Posted by pmcmahon in Rules , Procedures , Jason Bowman , divorce. child custody , divorce , custody , Cordell Cordell, PC , Ask A Lawyer

Question: 

I have been separated for nearly three years now, and we have two children together. I’m interested in finally filing for divorce and filing for custody as the children would rather live with me. 

Do I file for custody first or get the divorce first? Does one happen before the other? What’s the best approach?

 

 

Sep 07
2005

Ask a Lawyer: I had a DWI last year in NY. Will that effect my custodial rights?

Posted by Dads Divorce in Rules , Procedures , NY , DWI , divorce. child custody , Ask A Lawyer

Question:

I had a DWI last year. Next month it will be reduced to a DWAI. It is my only offense and I have complied with all of my lawful obligations. i.e., therapy, community service, DDP. No children were in the car. I am thinking about divorce. I have never had any other trouble with the law; I have a good job etc., etc. Will this mistake have an effect on my custodial rights?

Answer:

Allow me to preface my answer with the fact that I am not licensed to practice or give legal advice regarding the laws of New York. Generally, any type of conduct like that is relevant to a custody fight. The court is generally going to look at the fitness of the parents, but it seems that you have made good efforts to fix this which will help as well. It may be a factor, but the longer in the past it is the less impact.
Nov 29
1999

Ask a Lawyer: Kidnapping?

Posted by Dads Divorce in Visitation , Parenting , MO , divorce. child custody , custody , Ask A Lawyer

Question:

My wife and I have been married for 7 years. The last 2 years were hell on earth, as in my eyes, she became an alcoholic. She received a DWI first offense, and tried running before she finally stopped. I have been severely depressed, although much better now, and have 2 suicide attempts. We were both drinking last August, (very rare for me), and we had an argument where she hit me, and I retaliated and hit her several times. The police were called, but no charges were filed. Since we separated in October, she has only let me see my children 4 times, and since Easter, she filed an ex-parte against me, where the judge did not address the children. I am not worried about the ex-parte as the allegations she has made for the most part can be proved otherwise. She has not let the children contact me, and I found out through the postal service that she has changed their address. Under Section 565.153 Revised Statue, does denying me visitation and contact with my children constitute kidnapping? Furthermore, after we were separated, I discovered that she took everything except the couch and TV (all the children