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 Is the Right of First Refusal?

To ensure that your children will be able to have a parent caring for them whenever possible, you may agree to include provisions for the right of first refusal as you negotiate a parenting plan. As the term implies, these provisions will give a parent the right to assume care for children in situations where the other parent is unavailable. That is, if your ex cannot care for your children during days or times that they are scheduled to have parenting time, they must first contact you and offer you the opportunity to take the children during this time. They will only be able to make arrangements for having the children stay with others, such as a family member or babysitter, if you refuse the opportunity to care for the children during the time that the other parent is unavailable.

As you and the other parent determine how to address the right of first refusal in your parenting agreement, you will want to consider the following:

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.

While the laws that affect child custody cases are different in each state, these laws generally will presume that parents are fit to care for their children unless there is evidence that shows otherwise. A parent’s right to share custody may be affected in cases where there are documented instances of domestic violence, substance abuse, or other issues affecting children’s health and safety. However, in most cases, dads will be considered to have the ability to care for their children and provide for their needs, and they will have the right to spend reasonable amounts of regular, ongoing parenting time with their kids.

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.

Notify the Court

Presuming you have not done so already, your first step should be to notify the court that issued your child support order of your current situation. Depending on the state and county, you may be able to notify the court through a dedicated domestic relations or child support enforcement office. You should be as forthcoming as possible about the reality of the situation. Let the court know when and why your income changed, what you can reasonably expect to pay, and what you are doing to address the situation.

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 Can a Prenuptial Agreement Control During Divorce?

Prenuptial agreements are very commonly used to decide in advance how your property would be divided in the event of divorce. These contracts can be used to designate certain assets as the separate property of one spouse or to decide how marital property like joint accounts or real estate would be divided. Spousal support can be waived, but this provision might not be enforced if it would leave one party in dire financial straits. 

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. 

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

A large portion of the decisions made during the divorce process are financial in nature. It is impossible to make informed financial decisions if you do not have a complete and accurate understanding of your financial situation. Now is the time to gather financial documents such as tax returns, credit card statements, pay stubs, and business financial records. Make copies of these documents and bring them with you to your consultation with your attorney. 

As a divorced dad, your time with your kids is precious. While you were once a constant presence in their lives, this usually isn’t possible following divorce, because they will be dividing their time between you and their mom. Adjusting to new parenting schedules can sometimes be difficult, but once you have settled in to your post-divorce lives, you can get used to the new arrangements and make the most of the time you have together. Whether you and your ex share equal custody or not, your time with your kids will be limited, and you’ll want to make sure to address anything that would limit or take away that time. If your ex has deliberately withheld parenting time or otherwise interfered with your visitation, you should take immediate action to protect your parental rights and avoid causing harm to your children.

Interference With Parenting Time Is Illegal in Most Cases

Unfortunately, your relationship with your ex might not be especially rosy after your divorce. The two of you are likely still feeling the emotional fallout of your breakup, and even if you have done your best to put this conflict behind you, disputes may still flare up, leading either of you to attempt to hurt the other. One way ex-spouses may try to inflict harm is by refusing to allow their former partner to see their kids or otherwise interfering with their parenting time. 

While withholding of parenting time is sometimes overt, with one parent stating that the other parent is not allowed to see or spend time with the kids, interference with visitation is often much more subtle. Your ex may regularly be late when dropping off your kids, or she may invite herself along on outings with your children. She may regularly schedule children’s activities or appointments during your parenting time, or she may constantly be calling them or attempting to monitor your whereabouts and what you are doing. Regardless of how it happens, interference with parenting time is not acceptable, and you may need to take legal action to address it.

Few things are more hurtful than realizing that your marriage is coming to an end because your spouse has cheated on you. In these cases, you’re likely to feel a great deal of sadness and betrayal, as well as anger about how your impending divorce will affect your children and anxiety about the changes you’ll be experiencing in your life. All of these feelings can seem overwhelming, and you might want to lash out at your spouse for bringing this turmoil into your family’s lives. However, as you proceed with the divorce process, you’ll want to take a step back, consider things from a legal perspective, and understand how infidelity will affect the decisions made.

Addressing Adultery When Filing for Divorce

Depending on the laws in your state, you may or may not need to address infidelity when filing a petition for divorce. Some states recognize fault-based grounds for divorce, allowing a person to state that their marriage has ended because of adultery or other actions taken by their partner. However, most states allow for “no-fault divorce” in which a person simply needs to state that the marriage has failed due to “irreconcilable differences,” and in some states, this is the only option available. While you may feel that you should make it understood that your spouse’s infidelity is the reason your marriage has ended, blaming her for your divorce could make the process more contentious, leading to disputes that take a great deal of time and money to resolve.

Infidelity and Financial Issues

If you believe that your spouse is to blame for the end of your marriage, you may feel that she should be penalized or that matters related to finances should be decided in your favor. However, most state laws do not take adultery or other forms of marital misconduct into account when addressing matters such as the division of marital property. In most cases, assets and debts that you and your spouse acquired during your marriage will be divided in a way that is fair and equitable. However, if your spouse dissipated or wasted marital assets when committing adultery, such as by spending money to buy gifts for her lover, this could affect the decisions made about how property will be divided.

The divorce process is pretty rough for everyone, but it can be especially difficult for dads. No matter how involved you are in your kids’ lives, you’re probably going to feel like you’re at a disadvantage, since people tend to think of moms as the parents who are most focused on taking care of children. Fortunately, the divorce laws in most states recognize that both parents are equally important, and this means you should be able to share in the responsibility of raising your kids and have reasonable amounts of parenting time with them.

During your divorce, you and your ex will work to create a parenting agreement that will address all legal issues related to your children. If you can’t reach an agreement on some or all of these issues, your disputes may need to be settled in court, where a judge will make decisions for you based on what is in your kids’ best interests. To ensure that your parental rights will be protected when these decisions are made, you’ll want to take the following steps:

UPDATE: 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.

COVID-19 has affected the lives of just about everyone in the United States. Even if you or members of your family have not been personally affected by a coronavirus infection, you will still need to deal with school closures, shelter-in-place orders, and social distancing restrictions. This can all be stressful enough, especially if government-mandated business closures have affected your ability to work, but matters may become even worse if you are involved in a child custody dispute during this time. In these cases, you will want to be sure to understand how to protect your rights and the legal measures you can take to address these issues.

The coronavirus pandemic has affected nearly everyone in the United States, and in addition to concerns about how an infection can impact your health and well-being, you may also be experiencing financial difficulties. Stay-at-home and shelter-in-place orders have forced many businesses to close, and many people have lost their jobs or seen reductions in the income they earn. In fact, unemployment rates have risen to levels that have not been seen in the U.S. since the Great Depression. If you have lost your job or experienced a reduction in income, you will likely be concerned about how this will affect your child support obligations.

Requirements to Pay Court-Ordered Child Support

If you have been ordered to pay child support following your divorce or after separating from your child’s other parent, these orders will remain in effect, regardless of your employment status. This means that even if you lose your job, you will still be required to pay child support owed, and if you miss any payments, you will be required to make them up in the future, and you may also owe interest on late payments.

However, even though you will still have the obligation to provide financial support for your children, family courts will most likely recognize that changes in the income you earn have affected your ability to pay. You may be able to pursue a modification of your child support order based on your new circumstances. Any changes to child support may take other forms of income into account, including unemployment benefits you earn, government stimulus payments, or other assets you own that could be used to meet your children’s needs. If your ex-spouse has also experienced a job loss or employment issues, the child support modifications may also take these factors into account.

Many families are struggling with the effects of the coronavirus pandemic. Job losses have caused significant financial difficulties for many people, and requirements to stay at home have caused some family relationships to suffer. The different forms of stress that people are experiencing in their homes may lead to serious relationship issues between family members. Based on trends from previous disasters, some are concerned that the rates of domestic violence will increase as the crisis continues. If you are a father who needs help addressing family violence, or if you have been accused of committing abuse or violence against a family member, you should be sure to understand your legal options and the steps you can take to protect yourself and your family.

Addressing Domestic Violence and Abuse

Domestic abuse and family violence is an issue that can affect both men and women. While one third of the women in the U.S. have experienced violence by an intimate partner during their lifetime, one fourth of men have also experienced this type of abuse. While the jury is still out about whether domestic violence has increased during the coronavirus crisis, the requirements imposed on families during the pandemic may cause a family’s existing problems to intensify, which can lead to dangerous situations.

The isolation that many families are experiencing is likely to be a major factor in domestic abuse cases. A person who commits abuse will often seek to control their partner by cutting them off from other forms of support, such as friends and family members. Stay-at-home orders that limit contact with others may end up increasing the cycle of abuse experienced by a victim. When combined with the stress families are already experiencing, financial difficulties, and the high potential for substance abuse, this situation may turn a relationship that is already experiencing problems into an environment where family members’ safety and well-being is threatened.

For many divorced fathers, transitioning from married life to single fatherhood can be difficult, and this change can be hard on children too. If you and your kids are used to spending time together every day, you might struggle to adjust to being with them only part of the time. However, this doesn’t mean your relationship with your kids will need to suffer. By focusing on your children’s needs and staying connected with them, you can make sure the parenting time you have is a positive experience for everyone. Here are some tips getting the most out of the time you spend with your children after your divorce:

1. Maintain consistency - Kids do best when they have regular schedules and routines in their daily lives. While you and your ex won’t necessarily need to follow the same schedules in both of your homes, you can do your best to stay consistent in how you handle things when your kids are with you. Your children will be comfortable in your home if they know when they can expect to eat meals, do homework, go to bed, get up in the morning, or any other regular activities.

2. Keep kids informed - You can help your kids transition between your and your ex’s households by making sure they know which days they will be at which parent’s home. Using a calendar to mark the days they will spend at each home will make sure they know what to expect, and giving them reminders before they go to the other parent’s home can make sure they are prepared to make the transition. If there will be any changes to the parenting time schedule, tell your kids in advance so they are not disappointed about these adjustments.

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Whether you are currently going through divorce, were recently divorced, or have been a single father for some time, you’ve probably struggled with the events that have affected our lives in 2020. The COVID-19 pandemic has upended our personal and professional lives due to stay-at-home orders, economic difficulties, and school closures. Now, just as summer vacation is about to begin for many children, the wave of Black Lives Matter protests across the country has led to outbreaks of violence and curfews in many cities. Whether you had made plans for the summer with your kids or were simply planning to enjoy spending time with them, events may be throwing everything into confusion, and you may be unsure about how to proceed.

Depending on your parenting agreement, you may have more time with your kids over the summer, and you will want to make the most of your parenting time during these months. Here are a few tips to follow as you make your summer plans:

1. Find ways to show solidarity - Your kids may express a desire to participate in protests, or they may want to do what they can to express and share their beliefs and opinions. While it may be appropriate to take older children to protests or demonstrations, you should be sure to discuss this with the other parent first to address any safety concerns. You will also want to have a plan for staying together, avoiding any violence, and getting home safely. As an alternative, you could work with your kids to find ways you can show support from home, such as posting pictures or videos on social media, writing messages in chalk on your sidewalk, or donating to causes you believe in.

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The COVID-19 crisis has had a huge impact on all of our lives. Even if you haven’t been directly affected by an infection, you’ve probably had to deal with inconveniences due to being required to stay at home or maintain social distancing. In the worst cases, people have lost their jobs, been unable to make rent or mortgage payments, or suffered devastating losses due to the illness or death of family members. Along with all of these other concerns, many people’s marriages have been pushed to the breaking point or beyond due to the stresses and difficulties they are experiencing. If you’re considering getting divorced, you may need to deal with some issues and concerns that you wouldn’t have to address in other circumstances. During the divorce process, you’ll want to keep the following in mind:

1. Figure out how to separate while sharing a home - Moving out of your home and finding new living arrangements might be difficult right now. Due to concerns about infections, you may not want to visit potential new houses or apartments, or you may simply be unable to afford to move because of your financial situation. However, sharing a home with your spouse might seem impossible when your relationship has broken down. You may want to agree that each of you will mostly stay in your own separate areas of your house, and you could create schedules for when each of you will use shared areas such as the kitchen or family room. By figuring out how to make things work while you continue to live together, you can avoid conflicts and arguments and decrease stress during an already difficult time.

2. Determine court procedures - Currently, many courts have closed or are operating at limited capacity to avoid spreading infections. However, courts will typically be able to address emergency issues, such as domestic violence or orders of protection, if the need arises. As you proceed with the divorce process, you’ll need to understand how procedures might have changed. In some cases, courts might hold virtual hearings, allowing you to address matters without actually entering the courtroom. Your divorce lawyer can help you understand what steps you’ll need to take as you go through the divorce process.

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Everyone handles their divorce differently — maybe you’re grieving with the help of a large bag of potato chips or with a few beers and some friends. Getting through a divorce can be especially difficult for men, as they tend to avoid discussing emotions or seeking help from others. This is especially true in the midst of a pandemic when hanging out with friends or going to a bar are no longer on the table. Not all guys are going to be open to getting in touch with their feelings, so it can be hard to find other outlets for staying healthy, both mentally and physically. Though COVID-19 may be limiting your ability to spend time with family and friends, there are other ways you can come out on the other side of your divorce happy and healthy.

Avoid Overindulging

This is a challenge for everyone at the moment, whether single, married, or in the middle of a divorce. Now that “going to work” consists of sitting in your home with your laptop and a pair of sweatpants, it’s easy to allow yourself to indulge a little too much. Easily accessible snacks, sugary drinks, and alcoholic beverages after work can quickly become your go-to. There’s nothing wrong with allowing yourself to take advantage of these unique circumstances and enjoy yourself, but you may not notice how much is being added to your waistline before it’s too late.

Consistency is Key

The term “consistency” can seem impossible in the middle of a global pandemic. This is especially true if your “normal” has been completely turned upside down due to your divorce. You’ll need to create your new normal in both your professional and your personal life. Try settling on a schedule that you can follow on a daily basis for the next few months. Whether this involves a workout in the morning or time set aside for new hobbies, having a schedule can help you feel more in control and less concerned with the minor details of your daily life.

When you get divorced, you may have been ready to move on from your marriage for some time, or you may still be reeling from the changes you’ve experienced in your life. Whether you’ve taken some time to reorient yourself or are still adapting to your new normal, you may be wondering when you should start looking for a new partner. But how do you really know when you’re ready to begin a new relationship, and what steps should you follow as you begin dating again after your divorce?

What Do I Need to Consider as I Get Ready for Dating?

You may not relish the prospect of re-entering the dating scene, but you will probably be looking to find a new romantic partner at some point. Building a new relationship can take work, but it can provide many benefits, especially when you’re able to find the right person who you love spending time with and you can rely on to be there for you. 

Unfortunately, the desire to be in a loving, committed relationship might lead you down the wrong path. By making sure you are ready before you begin dating, you can help avoid some of the issues that may have led to the breakdown of your marriage. It is a good idea to take some time to think about what did and didn’t work in your previous relationship(s) and what you want and need in a new partner. 

Many parts of society have been put on hold temporarily in response to COVID-19 and its rapid spread throughout the world. However, marital issues are not something that many couples are able to simply pause. If your marriage has broken down, and you’re thinking of getting a divorce, you aren’t going to want to wait for the country to open back up before moving forward with your case. Fortunately, attorneys in all areas of practice, including divorce lawyers, have been deemed essential workers, allowing them to remain active and assist clients with the divorce process during the pandemic.

In order to provide services safely, many law firms are offering digital services to meet their clients’ needs. In the area of family law, this includes meetings with soon-to-be divorcees over the phone or by video chat. For many law firms that offer divorce mediation, spouses may speak with their third-party mediator through digital means.

What Are the Benefits of Mediation?

Depending on your relationship with your spouse and the level of conflict between the two of you, divorce mediation can be one of the best ways to resolve disputes and reach a divorce settlement. Mediation offers an alternative to divorce litigation, and it can allow you to avoid the time and expense involved in resolving matters in the courtroom. 

The coronavirus pandemic has thrown nearly everyone’s lives into disarray. While most people have had to cope with difficulties related to stay-at-home orders, changing work schedules, or unemployment, many of these adjustments have been particularly hard for parents due to school closures and the need to care for children while working from home. If you are a divorced parent, you might be struggling to balance your responsibilities while also following your court-ordered parenting time schedule, and you may be wondering whether you can make temporary changes to your parenting arrangements to address your needs during this difficult time. 

Temporary Modifications to Parenting Agreements

In most cases, you are allowed to modify your parenting plan temporarily, as long as you and the other parent agree on the changes that you plan to make. Ideally, you’ll want to work together with your ex-spouse and make reasonable accommodations to meet each other’s needs. For instance, if you are working from home while your ex is required to go into the office, you may agree that your kids will stay with you during the day, even if this would not normally be part of your scheduled parenting time.

Even though you’re encouraged to cooperate with your ex during this time and find ways you can make changes that will meet each other’s needs, it’s a good idea to keep a record of your communications and make sure you have a written agreement in place for the temporary modifications you will be making. This can help you avoid problems if disputes arise in the future, and you will be able to show that you acted reasonably and did your best to find solutions that work for everyone.

If you’re considering divorce or are planning to end your marriage, you may need to prepare for the possibility that you will have to pay financial support to your spouse. On the other hand, you may be able to receive this type of support if you earn a lower income than your spouse. These payments may be referred to as alimony, spousal maintenance, or spousal support, and they are usually paid by a spouse who earns a significantly higher income than their former partner. Understanding whether spousal support will play a role in your divorce can help you make sure you will have the financial resources you need as you move on to the next stage of your life.

How Is Alimony Determined?

The purpose of spousal support is to make sure that once a divorce is complete, both spouses will be able to continue living at the standard they were used to during their marriage. In some cases, each spouse will be able to support themselves on their own income, and alimony won’t be necessary. However, if one spouse earned the majority of the family's income, or if one spouse is a stay-at-home parent, spousal maintenance may be awarded to ensure that the lower-earning spouse can meet their needs.

The spouse who expects to receive alimony will usually need to make the case that these types of payments are needed. Depending on the laws in your state, a judge may look at different factors to decide whether to award spousal support. They may consider each spouse’s ability to earn an income and support themselves, whether one spouse remained out of the workforce or gave up career opportunities so they could take care of family responsibilities, whether one spouse helped the other further their education or career, and the amount of time a spouse may need to obtain education or training, seek employment, and become self-supporting.