Divorce Advice for Men | Fathers Rights Divorce | Child Custody

Question:

My question is about property laws and forcing the sale of the marital home.

In my divorce decree, we were to both agree on the real estate agent who would sell our marital home. I sent the list of preferred agents to my ex-wife and her divorce lawyer. She refused to agree to any of them.

So my ex-wife is still residing in the marital home we were ordered by the court to sell. The loan is in my name, and thus the credit burden is on me.

How can I get her to abide by the court order, move out, and follow through with the sale of the marital home?

Question:

My wife took our children to Denmark (where we used to live) over a year ago for a vacation that I agreed to.

She had medical complications that forced her to stay this whole time, and now my wife has said she wants to live in Denmark with the children permanently.

I have filed for divorce and the children are with me back in the U.S. for a visit per a court order while we await our trial on where the kids should live.

There is no child custody order in place, just the court order that the kids are allowed to visit me for a month.

What are the rights for fathers if they refuse to send the kids back after their court-ordered visit is supposed to end? I feel like if I send them back to Denmark I will never see them again!

Question:

I am looking for divorce tips for men on how to enforce court orders.

I am supposed to have court-ordered counseling with my children in an effort to rebuild my relationship with them due to years of my ex-wife's parental alienation. 

However, since my ex has primary child custody and the counseling falls during her parenting time, she is refusing to take the children.

What can I do to get this court order enforced so I can have counseling with my children?

By Andrea Johnson

Attorney, Cordell & Cordell

Typically all orders, including those awarding alimony, child support, property awards, division of debts, and any other award in a divorce proceeding, are enforceable by a contempt action. 

If you fail to comply with an order of the court to pay child support, it’s likely the custodial parent of your child(ren) will seek an order of contempt. 

A contempt action's real purpose is to ensure compliance with the order of the court. The practical effect, however, could be big trouble for an individual who fails to comply.

Most often, parties seeking a contempt order threaten jail time for the non-paying party. The reality is that jail time could be a remedial measure used by the court, but it is more often a last resort for the judge.

A contempt action is civil in nature and the purpose of the contempt is remedial rather than punitive. This means that the purpose of an order of contempt is not intended to "get you in trouble."

By Andrea Johnson

Attorney, Cordell & Cordell

With the current economic situation, many unemployed divorced dads cannot afford child support payments.

Some just pay what they can for a period of time until they find another job.  Others make informal agreements with their former spouse about a temporary modification. 

Both of these courses of action are wrong.