Cordell & Cordell, P.C. - Louisville, Kentucky
10200 Forest Green Blvd, Suite 407
Louisville, Kentucky 40223
502.710.0050
This is an advertisement.

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 >> Parenting

Ask a Lawyer: What Rights Do The Grandparents Have?

Nov 29, 1999

Question:

My ex-husband and I have been apart for 3 years and have recently finalized our divorce. We have 3 children together and share custody. Recently, it has been verified that my 3rd child is not his. We are currently resolving that and there are no issues as far that is concerned (he is willing to give me sole custody with visitation for him). However, his mother and stepfather are angered by this and trying to step in on our business. They tried to butt their way into our mediation for the child in question by filing a motion to amend custody (they want custody of all three children). The mediation center has told them that they are not welcome to the mediation. Because of this mess, they have now filed for custody of all three children(one being non-biological) because they want control. My ex and I are on great terms and have a custody agreement in place already. He has them for the school year and I have them every other weekend and during the summer (per our agreement in mediation). I absolutely agree that even though my ex is not my daughter's father, that he should still have rights to her since he has raised her for 6 years. My question is.....do the grandparents have any rights to take them from us? In my heart I know have the constitutional right to raise our children?

Answer:

I am not licensed in Virginia. Custody laws will vary so it is important to consult an attorney licensed in your state. Some states do have laws allowing grandparents to ask for visitation rights. However, this does not give them automatic standing to ask for custody. In most states a third party can ask to intervene and petition for custody. This is usually only granted when the natural parents are unwilling or unable to care for their children. This does not appear to be the case here. It is very difficult for a non-parent to receive custody of children. Your rights as parents far exceed theirs as grandparents. However, anytime custody is at issue it should be taken seriously. I strongly recommend that you consult an attorney in your state.

Posted by: admin | Comment (0) |

Ask a Lawyer: Lying about employment

Nov 29, 1999

Question:

My divorce was final the beginning of 2007. My ex quit his job where he was making 150k+ per year one month before the divorce was final. My ex told the judge and everyone else that he was working for a particular company. It turns out, he NEVER worked for the company he claimed and is instead doing a business in sales under the table. He is doing the exact same type of sales as with his $150k job. He does not know that I know this. He continues to talk about his "fake job" and how that's going. I am 100% positive on these facts. I'm thinking he will try to reduce child support in a year. It has been 6 months and he is still keeping up the act of having a factious job. Should I confront him or allow him to continue the lie until he tries to change the child support?

Answer:

I am not licensed in VA but I would let him continue telling his lies. Why let him know you

Posted by: admin | Comment (0) |

Ask a Lawyer: Money owed by mom dependant on visitation?

Nov 29, 1999

Question:

I have a parenting plan and a child support agreement through the Missouri courts (I live in VA). My daughter's mother is required to pay 1/2 of plane tickets and 1/2 of her health insurance premiums (as stated in the child support agreement). I did not exercise all of my parenting time as set forth in the parenting plan because of school schedules and child care issues. Now my daughter's mother is refusing to pay for the health insurance and the last plane ticket because she says that she incurred child care expenses during my parenting time and that I am responsible for these. Is this true or is she responsible for any child care costs incurred while my daughter is with her as well as the costs that are spelled out in our court agreements. Of note, I do pay her child support and I do have her for 2 months of the summer (and still pay the child support for those months). My understanding is that they are 2 completely separate judgments and are upheld separately.

Answer:

I am not licensed in Missouri. However, I cannot imagine that Mother can unilaterally decide what she will or will not pay. If the court order is for her to pay 1/2 of health insurance and plane fare then she is obligated to do so unless a court ordered states otherwise. This does not mean that she cannot ask for reimbursement of her childcare costs during your parenting time. However, the cost of daycare may be offset by the money she saved by not having to purchase a plane ticket. Also, by the full support you paid during the 2 months your child was with you. This assumes, however, that you were entitled to abatement (reduction) during this time. I advise that you have an attorney in Missouri look over your Decree and determine who owes who.

Posted by: admin | Comment (0) |

Ask a Lawyer: State Jurisdiction in Child Support Orders

Nov 29, 1999

Question:

My ex-wife and I divorced less than a year ago in the state of California and all Court Orders for Visitation and Support have so far gone through California. I am now residing in Virginia. Am I able to have the amount of support I am obligated to pay decided through the state of Virginia? Can I file a motion for an adjustment to child support through Virginia? Currently, it is almost impossible for me to file any motions because not only am I required to fly to California to file papers and appear for court, but it is difficult to have an attorney because I am never able to meet with them. If I cannot file in the state of Virginia, what options do I have to make sure I am able to maintain a lawyer and make sure my rights as a father are not trampled on?

Answer:

I am not licensed in California. However, most states have adopted UIFSA (Uniform Interstate Federal Support Act). This governs jurisdiction over child support. If child support was initiated in California then California will maintain jurisdiction as long as one of the parties continues to reside there. If your ex and child still live in California then the case remains there. However, it can be transferred to VA for enforcement purposes. This does not mean it can be modified pursuant to Virginia law. Since the jurisdictional requirements under UIFSA are complex, I recommend you consult an attorney in CA or VA to look at the specifics of your case. As for hiring an attorney in CA, you can consult via phone or email. The only time you would need to go to CA would be for court hearings. In some circumstance you can appear by phone.

Posted by: admin | Comment (0) |

Ask a Lawyer: How to respond to "rules" set by the mother

Nov 29, 1999

Question:

My wife and I have both sought legal counsel regarding separation. She has taken the children for the holidays to her parents house two states away. Her two comments were: 1. If you want to see them, you have to come to my parents' house. You cannot take them away from here to your family. I will not allow it. Do I have any legal rights to 50-50 custody until this is settled? 2. She said she wants me out and says I have to leave immediately. Do I have a legal right to stay there until the separation agreement?

Answer:

Allow me to preface my answer to your question with the disclaimer that I am not licensed to practice law in the state of Virginia. You are both equally entitled to the children as well as your home. The only way to change that for either of you is through temporary order of the Court. 50/50 custody will be more feasible long term if you start it as soon as you separate, so I suggest moving forward on a plan with your attorney to do the same.

Posted by: admin | Comment (0) |
«StartPrev12345678910NextEnd»
Divorce, Child Support, Alimony Information.
Men's Rights Website
Contact DadsDivorce.com