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.
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 Question:
My ex wife filed for a divorce in a county neither of us lived in at the time. Without being properly served, I was just notified that her attorney got a judgment for a property settlement of $7,500. How can they do this without me knowing, and how can they do this when she already got most of our assets? Also, is filing for a divorce in a county that neither of us were residents of considered legal? This is a whirlwind that has left me very confused.
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Posted by Dads Divorce in Visitation , residence , Parenting , move , IL , custody , custody , custody , child , Ask A Lawyer , abandonment
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Question: My wife took my son away without any discussion. What rights do I as a father have to my son? I can better provide for him and live at our residence. I do not want to lose my son and want to see him as much as possible. Why is it ok for the mother to take the son away when there is no violence or danger in the home? What about the rights of a very loving father? I am upset about this and want my son back, any help would be appreciated. Answer: I am not licensed in Illinois and therefore cannot answer your question specifically to the laws of that State. Your wife has no more rights to take your child that you do to take the child from her. She can of course move out of the marital residence, but you can pick your son up from school, go see him etc. However, you do not want to offset her bad actions by committing the same mistakes she is currently making. I suggest you retain an attorney, file for divorce and seek a temporary hearing on custody. Your wife's bad acts by keeping your child away from you can be used against her to show that she is not a good co-parent. Co-parenting is a large factor in many custody determinations.
 Question:
My ex has had custody of my three sons since our divorce in 2000, but since 2001 they have lived with me. Now she has taken them and filed for back child support. They want to be with me and I want them back home. What can I do?
Question: My wife and I are separated. We have been married for 5 years. I am considering divorce. I had my house before we got married and an established a 401k. My first question is she entitled to any portion of my 401k? and the second question is she entitled to any of the equity in the house? If so, can you give me the law that governs the rulings. Answer: If you divorce, the law in Missouri is that she would be entitled to the marital portion of your 401k. That means the portion that accrued from the date of your marriage to the date of your divorce. The same generally goes for the house, so long as you did not put her name on it. If you did, then there may be an issue of "transmutation" into marital property. Meaning that the entire home could be considered marital, but it certainly depends on the specifics of your situation.
Question: Does a child in the state of Missouri legally require their own bed at both parents residence. Is it legally okay for a child age 10 to share a bed every night with the same sex parent? I appreciate any help or direction you could give me on this matter. Answer: I know of no law that requires each child to have their own bed. However, if you are involved in a custody dispute it would be a negative factor as compared to a parent that was able to provide a bed for each child.
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