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Dads Divorce - Free custody and alimony advice for men and fathers.

Providing essential divorce, alimony, custody and support information and resources to men at any stage of divorce.
Tags >> motion
Feb 18
2010

Ask a Divorce Lawyer topics for Feb. 18: Living arrangements; excess filing; decree and transportation of children; getting married overseas

Posted by Matt Allen in transportation , Steven Lee Akins Jr. , SSI , motion , marriage , Jennifer Paine , Erica Christian , decree , Cordell Cordell, PC , Children , Ask A Lawyer

Among the Ask a Divorce Lawyer questions answered today by Cordell & Cordell attorneys:

  • Do I have any say in my wife's and children's living arrangements while we're going through a divorce?
  • How can I keep my ex from repeatedly filing motions because she doesn't like the outcome?
  • Our decree says we have to meet halfway to exchange the children, but both of us have since moved. So does the halfway rule still apply?
  • I got married in the Philippines, so does the marriage apply here in the U.S.?

 

Aug 06
2009

Ask a Lawyer: How to file for visitation by grandparents

Posted by Dads Divorce in Visitation , Visitation , rights , Parenting , motion , KS , grandparents , custody , custody , Ask A Lawyer , access

Question:

My ex daughter-in-law moved out of state. Currently my son is trying to get kids back. In the meantime she will not allow me to have any contact with the kids. What can I do? I have limited amount of money. Can I file papers without an attorney? I raised these kids for over 1 year, do I have rights?

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 Kansas. Some states do have grandparents' rights that allow you to seek visitation. Usually it involves a denial of time with the grandchildren.
Jul 05
2009

Ask a Lawyer: Should I request a Guardian ad Litem?

Posted by Dads Divorce in Visitation , Visitation , parenting time , Parenting , motion , MA , guardian ad litem , GAL , custody , custody , Ask A Lawyer

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
2008

Ask a Lawyer: Does denial of visitation justify refusal to pay child support?

Posted by Dads Divorce in Visitation , Visitation , Visitation , support , Parenting , motion , IL , IL , enforcement , custody , custody , Ask A Lawyer

Question:

My husband has a child from a previous marriage and his child and mother have stop our visitation. Is that legal and are we obligated to pay the full amount of child support?
Oct 05
2008

Ask a Lawyer: I'm not a deadbeat dad!

Posted by Dads Divorce in sums due , OH , motion , Modification , Maintenance , Child Support , Child Support , Ask A Lawyer , arrearage

Question:

I am desperate! My divorce was in Ohio, but I currently live in New York. My child support payments were based on my salary at the time of the divorce. My problem is that my salary was decreased considerably since then and I am struggling to make my child support payments. 
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