Recent Blog Posts
Should Dads Include the Right of First Refusal in a Child Custody Order?
If you are a dad who is going through a divorce, you will understandably be concerned about your ability to spend time with your kids. While parents will be able to share legal custody of their children in most cases, physical custody (also known as visitation or parenting time) may not be divided equally. If your children will be living with their mother for the majority of the time, you will want to make the most of the time that you do have with your kids. You may also want to make sure that you will be able to have your kids stay with you at any times when their mother may be unavailable. To address these situations, you may want to make sure the right of first refusal is included in your parenting agreement or child custody order.
What Divorcing Dads Need to Know About Their Rights to Parenting Time
If you are a father who is going through a divorce, one of your primary concerns will be making sure you will be able to continue to spend time with your kids, maintain close relationships with them, and be as involved as possible in their lives. Even if you will not have primary custody of your children, you should be able to have regular parenting time. By understanding how the laws in your state address your rights to share custody of your children, you can make sure your divorce decree will meet your needs and allow you to have the relationship with your children that they deserve.
Protecting Fathers’ Rights to Visitation and Physical Custody
It is important to remember that as a parent, you have the same rights toward your children as your spouse. Neither mothers nor fathers are given preference in child custody cases, and the decisions made in family court are based on what is in the children’s best interests. This means that you should be able to maintain the same level of involvement in raising your children as you have had since they were born.
I Am Struggling to Make My Child Support Payments. Is There Anything I Can Do?
Over the last two years, we have witnessed some of the most unusual circumstances that any of us ever thought possible. At this point, it is fairly safe to say that the COVID-19 health crisis has changed how we no go about our everyday lives. Of course, the pandemic has affected people in many different ways. Some got very sick. Some left their jobs to facilitate at-home learning for their children. And, some lost their jobs due to an evolving labor market. For some people, the loss of their job created opportunities to find something new, but for others, replacing that income has not been easy—but for fathers who are subject to child support obligations, a substantial loss of income can create serious challenges in meeting those obligations.
If you are a support-paying dad and you are having trouble making your full child support payments each month, you are likely wondering if there is anything that can be done to help you. The good news is that you may have some options, but they will not find you on their own. You will need to be proactive before you find yourself in serious trouble.
What You Should Know About Divorce With a Prenuptial Agreement
Having a prenuptial agreement in place can make divorce significantly easier for many spouses. A strong prenuptial agreement can create a faster, simpler path to a finalized divorce for many couples. However, for others considering divorce, their prenuptial agreement is a source of great stress. Some people may even fear that they will be unable to support themselves after getting divorced because the prenuptial agreement is heavily in their spouse’s favor.
The good news is that not every prenuptial agreement will be enforceable exactly as written. There are limits as to what a prenuptial agreement can or cannot do. If worries about your prenuptial agreement are keeping you from filing for divorce, it may be wise to consult a qualified attorney. A lawyer can evaluate your agreement and offer you a better idea of how it may affect your divorce proceedings.
What Should I Do If My Ex Falsely Accuses Me of Child Abuse?
In a perfect world, divorce proceedings and child custody arrangements would be smooth-sailing. Unfortunately, this is not always the case. Sometimes, one party will even falsely accuse the other party of child abuse to gain some type of advantage in the divorce.
If you are wrongfully accused of child abuse by your ex, take comfort in the fact that you are not alone. According to some studies, approximately 6% to 35% of child abuse claims are unfounded.
Should you find yourself falsely accused of child abuse, there are a few things you should know about responding to inaccurate child abuse claims. We will share with you 5 ways to respond to a false accusation of child abuse, followed by advice on what not to do as well.
5 Ways to Respond to a False Accusation of Child Abuse
If you are unsure about what steps to take after being falsely accused of child abuse, this is a great place to start.
5 Tips for Fathers in a High-Conflict Divorce
When your spouse walked down the aisle at your wedding, you probably assumed that you would live happily ever after. Unfortunately, about 40 – 50 percent of marriages end. Getting divorced is never easy – especially if you have children. However, some divorce cases are more contentious than others. Consider the following tips for dealing with a high-conflict divorce as a father.
Consider Alternative Divorce Resolution Methods
In the divorce process, you and your spouse will need to decide on important issues such as child custody and asset division. In a high conflict divorce, however, reaching an agreement on these issues can seem impossible. In many cases, alternative dispute resolution methods like mediation and collaborative divorce may be helpful.
Organize Your Finances Now
How Dads Can Practice Self-Care During a High-Conflict Divorce
The term “self-care” refers to taking care of your physical, mental, and emotional wellbeing. The importance of self-care during a divorce – especially a high-conflict divorce- can hardly be overstated. Although articles suggesting good self-care practices are often geared toward women, men are just as in need of self-care as anyone else. If you are a dad going through a contentious divorce, you know just how stressful and frustrating it can be. Consider the following tips for prioritizing your mental wellbeing during this challenging period of your life.
Give Yourself Some Slack
If you are like most fathers, your “to-do” list never ends. You probably juggle homework, sports or extracurricular events, vehicle maintenance, household chores, and much more on a daily basis. During a stressful divorce, it is important to give yourself some slack. Perhaps you want to renovate the bathroom or fix a noisy garage door but you simply cannot find the time. A high-conflict divorce takes a ton of time and emotional energy. You may need to put off some projects until after the split – and that is perfectly okay.
How Could a DUI Charge Affect My Child Custody Agreement?
Most people understand the dangers of driving while under the influence of alcohol or drugs. For multiple decades, public safety campaigns have informed people about how the use of these substances can affect a person’s ability to drive safely. Drivers know that violating the law by driving while intoxicated can lead to multiple types of consequences, ranging from fines or the loss of a driver’s license to time in prison. However, people can make mistakes, and a lapse in judgment could lead to an arrest on suspicion of drunk driving and criminal charges for driving under the influence (DUI).
While a DUI charge will have criminal consequences, it can affect someone’s personal life as well. If you are a father who has been arrested for DUI, you will want to understand how this will affect your custody of your children and your ability to spend visitation time with them. Fortunately, with the help of a DUI defense attorney, you can determine how to handle your criminal case, and you can also learn about the steps you can take to minimize the impact on your relationship with your children.
My Ex Will Not Let Me See My Child. What Are My Rights?
Multiple studies have confirmed the profound benefits associated with fathers being involved in their children’s lives. Children who spend time with their fathers are more likely to perform well in school, attend college, and find stable employment. They are less likely to experience teen pregnancy or incarceration. There are also countless benefits gained by fathers who enjoy a close relationship with their children. If you are a father and your child’s other parent is not letting you see your kids, it is important to understand your rights and legal options. You may need to take steps to establish or enforce a child custody order to assert your rights.
Child Custody Orders Through the Court
When an unmarried couple has children or parents get divorced, many fathers assume that they can skip establishing a formal child custody agreement. They assume that the child’s mother will abide by whatever custody agreement the parents determine at the time of the breakup. Unfortunately, relying on casual child custody or visitation arrangements can backfire dramatically. Courts cannot enforce a child custody agreement unless it was established through the court. Consequently, fathers should always make sure that they have a court-ordered child custody or parenting time agreement in place.
What Should I Do If I Want a Divorce and My Wife Has an Addiction?
Whether an addiction involves illicit substances, prescription medication, gambling, or even compulsive shopping, the addiction impacts the entire family. If you are a father and your wife is currently struggling with substance abuse or other addictive behaviors, you know firsthand just how impossible the situation can feel. On the one hand, you want to ensure that your children grow up in a safe, healthy home. On the other hand, you feel like divorcing your wife will leave her feeling abandoned or even lead to further destructive behavior.
Only you can know for sure if divorce is right for you and your children. If you are ready to get divorced, keep the following factors in mind.
The Children’s Safety Has to Come First
For many families struggling with addiction, the addiction is often the “elephant in the room.” Everyone pretends as if the addicted person’s behavior is normal. Unfortunately, ignoring the problem will not make it go away. When children are involved, downplaying the negative consequences of the addiction may even be deadly. If your child’s mother has an alcohol or drug addiction and you have reason to believe that she is not capable of keeping your children safe, do not leave your children with alone with her. As much as it may break your heart, your children’s safety has to be the priority. This may mean that you will need to petition the court for sole custody of the children both during and after the divorce.
