Divorce Advice for Men | Fathers Rights Divorce | Child Custody

Question:

My daughter has been allergic to cats her whole life, though she has never had a reaction to the cats my ex-wife and I owned nor the cats I currently own after our divorce. The doctor has recommended to limit her exposure to the cats, but again she has had no reaction.

Now my ex-wife is threatening to take away my visitation rights until I get rid of the cats and we go to mediation as required by our divorce agreement.

Can my ex-wife be successful in suspending my visitation or modifying our child custody agreement because of my cats?

Question:

What are my ex-wife's chances for successfully winning a child custody modification?

She filed a modification of custody because my daughter has been late to school several times this year while in my care and I have a new child on the way with my pregnant wife.

Does the fact that my child was late for school a few times and that I have another baby on the way with my new wife qualify as big enough reasons to change our custody arrangement?

By Sara Pitcher

Noblesville, Indiana Divorce Lawyer

A child custody evaluation is an examination and evaluation by a disinterested third party who can assist the court in determining what would be in the best interest of the child by meeting with the parents and other family members, child, and watching the interaction between them.

Psychologists are often asked to perform such evaluations based on their understanding of the psychological best interests of the child. The American Psychological Association has developed Guidelines for Child Custody Evaluations in Family Law Proceedings to assist and guide the psychologists in their evaluations.

In order to assist parents preparing for child custody evaluations, it is helpful to understand the Guidelines that the psychologist will be operating under.

By Sara Pitcher

Noblesville, Indiana Divorce Lawyer

My previous article "Guardian Ad Litem, Divorce and Child Custody" discussed a Guardian Ad Litem's role in divorce and child custody cases, which is primarily to advocate for the child’s best interests and file a report with the court.

While the Guardian Ad Litem’s child custody report and findings are very persuasive to a judge, the judge is not bound to follow the Guardian Ad Litem’s recommendations.

Although the judge is not bound to follow the GAL’s recommendation, they often do as it would have been a waste of the parties’ resources to pay for a GAL only to have the judge issue a ruling inconsistent with the recommendations of the GAL without sufficient cause.

For this reason, it is best to have a favorable GAL report and to work cooperatively with the Guardian Ad Litem.

But if the child custody report is unfavorable to you, you do have options.

By Sara Pitcher

Noblesville, Indiana Divorce Lawyer

A Guardian Ad Litem (GAL) is appointed in many divorce and child custody cases. A GAL will not enter a case until ordered by a judge.

However, either party in a family law case may request that the judge appoint a GAL in order to determine the best interests of the child or children involved in the case. The judge has discretion however, in deciding whether the party’s request should be granted.  

In many states, a GAL is required to be appointed in abuse or neglect cases involving children.

Many guys wonder whether a Guardian Ad Litem would be helpful in their case and whether it would be beneficial to request one.