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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 >> age

How can I prove emancipation before the child reaches the age of majority?

Feb 03, 2011

Question:Divorce lawyer Leslie Lorenzano

I am paying child support for my 19-year-old daughter in a state where the age of emancipation is 21. I believe my daughter is independent enough that I should not be required to continue to pay child support for her.

She has been living with her boyfriend for the past six month, but she is now going to a local community college.

Would I be able to stop paying child support before she turns 21 given this information?


Posted by: mallen | Comment (0) |

Ask a Divorce Lawyer: Can my biological daughter's adopted parents keep me from seeing her once she's 18?

Feb 26, 2010

Question: 

About 10 years ago I gave my daughter up for "open adoption" in surrogate court but also won visitation rights. We barely had any contact until we reunited last week. It is going great, but my daughter's parents are very unreasonable and have threatened me to stay away from my daughter even though she is 18.

She lives with them, but she is legally an adult and I'm wondering if there's anything legally her parents can do to keep me from seeing her?


Posted by: mallen | Comment (0) |

Ask a Divorce Lawyer: My son is not graduating high school on time. Do I keep paying support even though he's over 18 but still in school?

Feb 04, 2010

Question: My son is 18 but will not graduate high school until he is 21. My divorce papers say I pay child support until he graduates high school at the expected age of 18 or 19. 

Will I have to pay support for two more years because he didn’t graduate at 18 or 19 which our divorce papers outlined?

 


Posted by: mallen | Comment (0) |

Ask a Divorce Lawyer: Is it abandonment if I leave my 17-year-old with her older sister but still pay for her needs?

Jan 15, 2010

Question: I am in the process of a divorce and my wife left me and my daughter in Tennessee. My daughter will be 18 in March. I was hired for a job out of state and I am due to leave by my daughter’s 18th birthday. She is still in high school. 

Rather than leave the state with me, she wants to stay in Tennessee with her 20-year-old sister. Am I abandoning her if I provide for all of her needs and leave her with her sister for a few months until she turns 18?

 


Posted by: mallen | Comment (0) |

Ask a Lawyer: At what age can a child say what parent he wants to live with?

Nov 29, 1999

Question:

My grandson will be 11 years old in Feb 06. For the past 3 years, he has said that he would like to live with his father who pays support to mom. What are the steps we need to take for this to happen??? In the state of Indiana, I was told that a child can go before the courts and request that he would like to change residency. Is this true? My son also has a joint custody spelled out in the divorce deed, he has custody 4 days out of the week. Any advice as to we begin the process would truly be appreciated.

Answer:

I cannot answer your question specifically to the laws of Indiana as I am not licensed in that State. In my jurisdiction a child can testify concerning his/her wishes when they can understand the oath to tell the truth. Outside of abuse issues, it is frowned upon to bring a very young child into the court. Generally around the age of 12 years old, a court will listen to the child's wishes. However, the child's voice is often like a whisper. As the child matures his voice becomes louder. Many cases have started and failed based upon a child telling one parent that they want to live with them and then when it is time to go to court the child changes his mind or there was a misunderstanding. I have witnessed a child state that he wanted to live with dad, but really just wanted additional visitation time. I am slightly confused by the facts presented. If father already has four overnights each week, he has the majority of the custody time and outside a huge difference in income would receive, not pay child support. To begin the process you would file a Motion to Modify Child Support and Child Custody.

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