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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.
Tags >> GAL
Jun 04, 2010

DadsDivorce Live host Dan Cuneo discusses guardians ad litem and how they affect your divorce case with Cordell & Cordell attorney Kristin Zurek.

This is the third episode in our "Getting to Know Family Law Professionals" series. Click here to view the first episode on mediators and mediation. The second episode focused on vocational experts. Click here to watch Part 1 and click here to watch Part 2.

 

 

 


Apr 15, 2010

divorce lawyer adviceAmong the Ask a Divorce Lawyer questions answered today by Cordell & Cordell attorneys:

  • My wife give birth to a child while we were married, but she is not paternally mine. She just moved out of state with the child but I want my daughter back where I live. What options do I have to at least get joint custody and/or visitation?
  • Why can't we hire a process server to serve my ex who lives in another state? Shouldn't it be pretty simple to serve someone in another state?
  • How does an "out-of-state" parent go about modifying a child support order? 
  • During mediation I was ordered to pay for preschool expenses and nutritional supplements for the kids in addition to child support. Now that they are out of preschool and don't require those supplements, can she realistically ask me to pay anything beyond child support? When it comes to counting the amount of overnights, does it matter if I have one or both kids stay the night?
  • I was awarded certain household and personal items in our divorce decree. But my ex has moved out of town and taken everything. How can I get those items back?

Apr 08, 2010

divorce lawyer adviceAmong the Ask a Divorce Lawyer questions answered today by Cordell & Cordell attorneys:

  • The wrong retirement formula was originally put in my decree. Can a court make me change my divorce decree to put the right formula in there?
  • What can I do about my judge being blatantly sexist against me?
  • My current settlement agreement states that I must give my ex-wife first right of refusal to watch my children overnight when I will not be home. I am getting remarried and want to know if my new wife can act on my behalf in this instance or do I still have to give my ex first right of refusal?
  • Can you request a new Guardian Ad Litem?
  • If we get a divorce here in America would I have to pay child support or alimony to my wife if she lives in another country?

Jul 05, 2009

Question:

I have been legally divorced for almost 2 years now. I share 50% Joint Legal Custody of my 2 children, aged 8 and 5. Since my divorce, I filed, we have gone through two parent coordinators, one left on her own accord, one dismissed by ex-wife without success, but powerless nonetheless. I have made several visits to the court due to my ex-wife's continued harassment of my time with my children with no resolve. I am seeking the services of a guardian ad litem. Is this the proper move.?

Answer:

I am not licensed in the State of MA and therefore cannot answer your question specifically to the laws of that State. In my jurisdiction, Guardian ad Litems are required if abuse or neglect of the children is alleged. If abuse is not alleged a court can at its discretion appoint a guardian if requested, or on their own motion. However, GAL's are much like wild cards in poker, they support the weaker hand. If you have a good case, why throw in a wild card that could side with your ex-wife? In addition, the cost factor needs to be decided. If you are of limited resources for your litigation, you must consider if your funds can be put to better use than paying the GAL. Would retaining an expert witness be a better use of your money? Finally, in the limited amount of information that you have provided, I will say it is uncommon for me to recommend a GAL in a motion for contempt or motion for family access and that appears to be what you are filing.

Oct 05, 2007

Question:

My ex and I had our child custody agreement in place and signed by a judge before my parent's gp lawsuit went before the judge. Our child custody agreement grants each parent 2 weeks of uninterupted time with child during summer vacation. The GP agreement grants GP's 1 week of uninterupted time during summer as well as one overnight stay in the middle of the week,, every week. My lawyer told me that the parental agreement trumped the GP's agreement during our 2 weeks; in other words, gp's were not entitled to having thier visitation with child for their one night per week b/c that would interupt our parenting agreement. The GAL assigned disagrees with this. My question is this: am I entitled to my 2 weeks of uninterupted summer vacation with my daughter or do I have to accomodate the GP visitation, thereby not really getting uninterupted vacation time?

Answer:

I would appear that the two orders conflict. Move to consolidate the cases and get a comprehensive custody order for all parties. It would be logical for the GP's custody to no supercede your summer time. However, in most jurisdictions the second order would prevail over the prior order if the judge was aware of the prior order being in place. The GP's visitation order seems excessive when compared to the US Supreme Court case of Troxel.

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