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What Should I Do If I Want a Divorce and My Wife Has an Addiction?

 Posted on June 16, 2021 in Dealing With Your Ex

divorce lawyerWhether 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.  

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Can Dads Receive Sole Custody of Their Kids?

 Posted on April 27, 2021 in Child Custody and Visitation

divorced dad child custody lawyerIf you are a father who is going through a divorce, or if you are unmarried and separated from your children’s other parent, issues related to the custody of your children are likely to be at the top of your mind. In our modern culture, dads are more and more likely to be closely involved in raising their kids, and in some cases, fathers may even act as stay-at-home parents or be the one who is most involved in caring for their children and meeting their needs. If this is true in your situation, or if you believe that restrictions should apply to child custody to protect your children, you may be wondering whether it will be possible for you to be granted sole custody of your kids.

When Is Sole Custody Appropriate?

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What Happens if My Ex and I Disagree About Vaccinating Our Children?

 Posted on April 21, 2021 in Child Custody and Visitation

divorced dad child custody lawyerAs divorced parents, you and your ex may not see eye to eye on a variety of issues, including those related to your children’s health and the medical care they receive. Vaccinations are one issue that can sometimes cause disputes. While the ongoing rollout of COVID-19 vaccines is currently the most prominent example, parents may also need to address the standard immunizations that children receive. If you and your ex disagree about whether your children should be vaccinated, you will want to understand your rights and the steps that you may need to take to resolve this issue.

Parental Responsibility for Health Care Decisions

Most of the time, divorced parents will share legal custody of their children. This means they will both have the right and responsibility to make decisions related to issues such as the education and medical care the children will receive. However, in some cases, one parent may have sole or primary responsibility when it comes to decisions about the children’s medical needs. In these situations, that parent will usually have the final say about whether children will be vaccinated, although the other parent may take legal action to address this issue if they believe their children’s health and well-being are at risk.

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Should My Parenting Agreement Include a Right of First Refusal?

 Posted on April 12, 2021 in Child Custody and Visitation

parenting time for divorced dadsIf you’re a dad who is going through a divorce, you’re likely to be worried about spending less time with your kids. Unfortunately, this is an issue that is going to be unavoidable, since the time that your children spend with one parent is time that they won’t be with the other parent. You’ll need to adjust to not being with your kids every day, but you’ll also want to make sure you can spend time with them at every available opportunity. One way you can do so is by making sure your parenting agreement includes a “right of first refusal” clause.

What Is the Right of First Refusal?

Your parenting agreement will include detailed information about when your children will spend parenting time with you and your ex-spouse. A daily schedule will specify the days and times when your kids will be with each parent, and your agreement will also cover holidays, school vacations, and any other days where you will deviate from the normal schedule. However, there may be some days when either you or your ex will not be able to have parenting time with your kids as scheduled. These situations may be addressed by including a “right of first refusal” in your agreement.

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How Can Dads Defend Against Accusations of Domestic Violence?

 Posted on April 06, 2021 in Child Custody and Visitation

dad's divorce law domestic violenceIf you are a devoted father, there are few things worse than being accused of committing violence or abuse against your spouse or children. In some cases, these types of claims can arise out of misunderstandings or arguments that get out of control, but sadly, there are many situations when a spouse or a current or former partner accuses a father of domestic violence in an attempt to gain an advantage in a child custody dispute. If you are facing accusations of domestic violence or abuse, you will want to do the following:

Follow the Court’s Orders

If your children’s other parent has obtained an emergency restraining order or order of protection against you, it is important to follow all of the requirements and restrictions in the order. Even if the order was based on false accusations, you will be required to follow all of its terms while it is in effect. Even though it may be difficult, you may need to move out of your home temporarily, and you may be unable to see or communicate with your children until these matters are resolved. If you violate a protective order, you could face criminal charges, as well as additional restrictions that affect your parental rights.

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Can Dads Receive Child Support After a Divorce or Breakup?

 Posted on March 23, 2021 in Child Support

single dad child support lawIn many divorce cases where a couple has children, it is assumed that the father will pay child support to the mother. However, this isn’t always the case. In many modern families, dads and moms play equal roles in caring for their kids, and they should continue to do so after they become separated or get divorced. Depending on the circumstances, some dads may even be named the custodial parent of their children and have the majority of the parenting time with their kids after getting divorced or breaking up with an unmarried partner. In these types of situations, dads will need to be sure to understand their rights regarding child support.

Child Support for Dads Who Have Primary Physical Custody or Shared Custody

The purpose of child support is to ensure that both parents contribute toward their children’s needs. Typically, the parent who the children live with the majority of the time will receive child support from the other parent. This means that if your children stay with you most of the time, you may have the right to receive child support from your ex-spouse. Even if you were not married to your children’s mother, both of you will be required to provide financial support for your children, and as the custodial parent, you can ask a family court judge to enforce these obligations.

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How to Avoid Being Labeled a “Deadbeat Dad”

 Posted on March 16, 2021 in Child Custody and Visitation

dad's divorce and child custody attorneyWhen it comes to divorce, many dads worry that they face an uphill battle. Culturally, mothers are often considered to be the parents who are most concerned with childcare and household responsibilities. This means that even when a dad plays an equal role in raising his children, he may need to fight against the assumption the mother should have primary custody. To make matters worse, a father may worry that he will be considered a deadbeat due to his absence from his children’s lives.

Whether you are currently going through the divorce process or have completed your divorce, you’ll want to make sure that you can continue to be the father your children deserve. The last thing you want is for your children to feel that you are not there when they need you. To avoid the possibility of being considered a deadbeat dad, you’ll want to do the following:

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Updated: Can My Ex Withhold Child Custody During the Coronavirus Pandemic?

 Posted on March 08, 2021 in Child Custody and Visitation

Protecting fathers’ rights to parenting time during the COVID-19 pandemicUPDATE: As of March 2021, the COVID-19 pandemic is continuing to affect people throughout the United States. While vaccines are being rolled out, the majority of people have not yet been vaccinated, and people are still taking steps to protect the safety of themselves and their family members, including staying at home when possible and wearing masks and following social distancing practices while in public. In many cases where parents are divorcing or divorced, families have settled into routines that allow children to spend reasonable amounts of time with both parents while ensuring that everyone's health and safety is protected.

However, some parents have encountered legal issues related to disputes over child custody during the pandemic. These parents will want to understand that most states have issued orders stating that parents should follow existing child custody arrangements whenever possible, and parents continue to have the right to reasonable parenting time with their children. While some state courts are still operating at limited capacity for in-person hearings, most courts will hear emergency matters, which may include cases involving a parent's violation of their court-ordered child custody agreements. Even if a case cannot be heard in person, many courts are also providing virtual hearings held using videoconferencing tools, ensuring that parents can address child-related issues quickly and effectively. If you need to address unreasonable actions by your ex-spouse or co-parent, or if you believe changes to your parenting agreement are needed to protect your children's safety, you will want to work with a child custody attorney to ensure that these matters are resolved properly during the COVID-19 crisis.

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Top 5 Ways to Disarm a Narcissist When Getting Divorced

 Posted on March 02, 2021 in Dealing With Your Ex

divorcing a narcissistGetting divorced is almost never easy, but it can become much more difficult and complicated if your spouse is a narcissist. This mental health disorder can take a variety of forms, but a narcissist will typically act with self-importance and put their own needs and desires ahead of others. They often take advantage of others, refuse to recognize other people’s needs, and demand that other people follow their wishes. Unfortunately, narcissists can also be very charming and persuasive. If your ex has narcissistic tendencies, you may be in for a difficult battle during your divorce. Fortunately, you can protect yourself by understanding the strategies that can expose your ex’s unrealistic expectations and unreasonable demands and make sure you will not be taken advantage of.

Standing up to a Narcissistic Spouse

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3 Tips for Staying Healthy as a Divorced Dad

 Posted on February 23, 2021 in Single Dad Survival

divorced dad health tipsIf you are a dad who is going through the divorce process, transitioning to single parenthood can be a challenging process. As you deal with the many legal and financial issues that must be addressed to legally end your marriage, cope with moving to a new home and making changes in your life, and figure out how to maintain a good relationship with your children while sharing child custody with your ex, you’ll probably experience a great deal of stress, and your health may suffer. This is understandable, but it’s a concern that you’re going to want to address, since studies have found that the mortality rate for single fathers is three times higher than for dads who are married or in a partnership.

Focus on Your Physical and Mental Health

By taking care of your health and wellness, you can not only live a longer and happier life, but you can make sure you will be able to be the best dad you can be for your kids. You can make a number of positive changes to your lifestyle as you adjust to your new life as a single dad, including:

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