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FATHERS’ RIGHTS
NOT JUST EVERY OTHER WEEKEND

This is about fathers' rights law, and protecting the best interests of your children. It provides information, news and comments on laws, cases and strategies for life as a single father and winning your custody, access or child support case.

Man Jailed for Child Support that Employer Failed to Pay

July 10th, 2014

Clifford Hall, 43, of Houston was sentenced to six months in jail for failure to pay child support.

After exhausting his appeal rights, he turned himself in and began serving his sentence last week.

But then AT&T, his employer, provided an affidavit that it had withheld the incorrect amount from his paychecks.

He was released from jail.

Related posts:

  1. Man Jailed for Child Support but Child Is Not His
  2. Non-Biological Dad Still Has to Pay Child Support
  3. Father Can Pay Child Support to College Fund
  4. How NOT to Modify Child Support
  5. When Does Child Support Stop?

Custody of Children

April 2nd, 2014

Guest post by David Williamson

Mothers Obtain Child Custody More Often than Fathers

In 82% of cases, mothers get custody of the children.  One reason for this may be, that On a purely statistical stand point, mothers are the primary up-bringer of the children (data:  2009). Even in cases where both parents work, statistics show mothers spend twice as much time engaged in primary childcare responsibilities than the fathers with mothers at 12.9 hours a week and fathers at 6.5 hours.

Court Involvement in Child Custody

In terms of how courts involve themselves in the custody process, a mere 4% of cases are actually litigated.  The vast majority of cases are settled long before trial.    In 51 percent of custody cases, both parents agreed on their own that the mother should have custody.

  • In 29 percent of custody cases, there was no third party involvement.
  • In 11 percent of custody cases, the parties agreed during mediation that the mother should have custdoy.
  • In 5 percent of custody cases, the issue was resolved after a custody evaluation.

Only 4 percent of custody cases went to trial.  Even of that 4 percent, only 1.5 percent completed custody litigation.  Fathers won about half of those litigated cases.  Approximtely 91 percent of child custody cases are decided outside of court.

Child Support

When it comes down to child support post settlement, there is another gender divide. In 2009, mothers would get on average $5,997 in child support, whereas fathers would only get $5,601. The problems for fathers doesn’t end there, however, as only 30% of custodial fathers receive any child support, compared to 55% of custodial mothers. To put this in perspective, then, 91% of total child support dollars are given to custodial mothers, and 9% to custodial fathers.

These statistics seem to show a stark difference between male and female custodial experiences. The figures show an average, however, so it would be unwise to lean to heavily on this picture when considering how your situation might unfold. Should you require further information and an informal discussion regarding your individual circumstances, get in touch with one of Coles-Law Solicitor’s Family Lawyers for expert advice.

Related posts:

  1. Monitoring How Child Support Is Spent
  2. “Never Tell Me the Odds, Kid” – Hans Solo in Star Wars
  3. Fathers Win More Custody Battles
  4. Post Trial Disputes
  5. Public Favors Equal Custody

How I Got My Son to Do His Homework with a Poem

February 24th, 2014

Today is my day to take my 10 year old son to school. I told him his mom left instructions for me to make sure he does his spelling.

“Why?” he said. “The test is four days away.”

“Theirs not to reason why. Theirs but to do and die,” sprung from my lips before I could think about it.

“What?” he asked.

“It’s from a poem by Alfred Lord Tennyson, Charge of the Light Brigade,” I answered.  I looked it up on the Internet and read it to him:

Half a league, half a league,
Half a league onward,
All in the valley of Death
Rode the six hundred.
“Forward, the Light Brigade!
“Charge for the guns!” he said:
Into the valley of Death
Rode the six hundred.

“Forward, the Light Brigade!”
Was there a man dismay’d?
Not tho’ the soldier knew
Someone had blunder’d:
Theirs not to make reply,
Theirs not to reason why,
Theirs but to do and die:
Into the valley of Death
Rode the six hundred.

Cannon to right of them,
Cannon to left of them,
Cannon in front of them
Volley’d and thunder’d;
Storm’d at with shot and shell,
Boldly they rode and well,
Into the jaws of Death,
Into the mouth of Hell
Rode the six hundred.

We talked about how the cadence sounds like galloping horses. We talked about the Crimean War.

Then he did his spelling.

Tonight I promised him we’d take a look at Gunga Din.

Related posts:

  1. Helping Kids With Homework

States Consider Shared Parenting Laws

February 7th, 2014

Arkansas passed a law last year providing for “approximate and reasonable equal division of time” of children between parents in divorce proceedings.

The Connecticut General Assembly has created a task force to study family law issues, including whether the state should have a presumption in law that shared custody is in the best interest of children.

The Maryland General Assembly created a Commission on Child Custody Decision Making last year.

Florida pass a shared parenting bill last year, but it was vetoed by Republican Gov. Rick Scott.

Minnesota passed a bill in 2012 that would have increased the minimum amount of custody from 25% to 35%, but it was vetoed by Democratic Gov. Mark Dayton.

Related posts:

  1. Shared Parenting Presumption
  2. NY Shared Custody Bill Fails in Committee
  3. Shared Parenting Impacts Tiger’s Game
  4. Military Deployment Used in Kid Custody Battles
  5. Custody vs Shared Parenting

Kansas Sperm Donor Sued for Child Support

January 24th, 2014

William Marotta of Topeka, Kansas, answered an ad on Craigslist to be a sperm donor for a lesbian couple who wanted a child. He signed a contract saying he would have no parental rights nor responsibilities.

Following the birth, the mother, the child’s mother, Jennifer Schreiner, applied for public assistance. The Kansas Department for Children and Families has paid her about $6,000 in public assistance. That agency filed suit against Marotta to recoup the money saying that he owes back and future child support.

Besides the contract, there is a law in Kansas that exempts sperm donors from child support claims. Judge Mary Mattivi pointed out, however, that the law does not apply unless a licensed physician performs the artificial insemination. There was no licensed physician in this case.

The judge also said that a private contract cannot override the law and Marotta is therefore the presumptive father of the child. Whether Marotta has to pay child support is yet to be determined. What do you think?

Related posts:

  1. Father Can Pay Child Support to College Fund
  2. Monitoring How Child Support Is Spent
  3. Child Support Trust
  4. Man Jailed for Child Support but Child Is Not His
  5. Marital Status and Child Support

New Divorce Documentary

January 2nd, 2014

A documentary, “Divorce Corp.”, narrated by Dr. Drew Pinksky, opens in 16 cities this month.

The movie exposes some unethical and corrupt practices in the $50 billion divorce industry.

Some women’s rights organizations have called for a boycott of the film because they say it dwells too heavily on father’s rights.

Watch the trailers.

Related posts:

  1. Battlestar Galactica Shoots Down a Marriage
  2. One In Three Children Loses Touch With Parent After Divorce
  3. Chicago Divorce Attorney Reviews Fathers’ Rights Book
  4. Please Tell My Daddy I Love Him
  5. Marbles

Negative Effect of Divorce on Children

December 31st, 2013

A new survey by Netmums.com, that included 1,000 parents and 100 children in the U.K., found the following results about the impact of divorce:

Children

  • 39% hid their feelings from their parents
  • 20% said it was no use talking to their parents who were too wrapped up in themselves
  • 14% said they couldn’t be honest about their feelings with their parents
  • 33% said they were devastated by divorce
  • 13% blamed themselves

Parents

  • 77% said their kids were coping fine
  • 10% said their kids were relieved
  • 5% were aware that kids blamed themselves

The conclusions are that most  parents are not aware of the negative impact divorce has on their children and should take extra care to assure the children it is not their fault.

Related posts:

  1. A Child’s View of Divorce
  2. One In Three Children Loses Touch With Parent After Divorce
  3. Helping Children Through the Holidays
  4. Co-Parenting Improves After Divorce
  5. Divorce Class for Kids

All I Want for Christmas

December 16th, 2013

‘Tis the season for spending excessive amounts of money on consumer goods for your children.

You may be trying to show you love them.  Or maybe you are trying to make up for a disappointing Christmas in your past.  Or perhaps you are trying to show them who is the better parent by outspending your ex.

But long after the presents are unwrapped and forgotten, your kids will still remember the most important gift of all.  Give them your time and attention.  Happiness is based on strong, supportive family relationships.

Related posts:

  1. Battlestar Galactica Shoots Down a Marriage
  2. Country Songs We Wished We’d Written
  3. How to Handle Halloween Visitation
  4. Please Tell My Daddy I Love Him
  5. Sean Goldman Home by Christmas?

Bode Miller Custody Battle

December 4th, 2013

Bode Miller, 36, Olympic skier, met Sara McKenna, 27, former marine, through an online dating service in April, 2012.  They dated briefly and she became pregnant with his child.  They were both living in California at the time.

Miller married someone else, and McKenna, seven months pregnant, decided to move to New York to go to college at Columbia University on the G.I. Bill.

In November 2012, Bode filed a “Petition to Establish Parental Relationship” in California, checking the box on the form to say he was the father of “a child who is not yet born”.

The baby was born in February 2013.  Two days later, McKenna filed her petition for custody in the New York Family Court.

There is a uniform law that governs child custody cases between the states which provides that the child’s “home state” has jurisdiction.  Since the baby was born in New York, that state should decide custody.

But the family judge in New York sent the case back to California saying she appropriated the child while in utero, which was “irresponsible” and “reprehensible”.  He gave custody to Miller and his new wife.

Then that order was overturned by a New York appeals court and the baby was returned to McKenna.  The cases continues as the two sides try to work out a parenting plan.

Needless to say, it is spurring controversy among fathers’ rights and mothers’ rights activists regarding the right to relocate if you are pregnant.

Related posts:

  1. Can a Child Have More Than Two Parents?
  2. How to Lose a Child Custody Battle
  3. 4 Strategy Tips for Your Child Custody Battle
  4. Gosselin Custody Battle
  5. Custody of Children

A Father’s Poem

November 13th, 2013
Lost Love, Lost Child
by Garrett W. Wheeler
______________________
I wonder what you’re doing
and how you’re living life
what new things did you learn today
and how did you sleep last night
did you feel raindrops on your face
or sunshine in your eyes
of all the questions left unknown
the biggest one is why
why can’t we be together
why can’t I watch you grow
why can’t I guide you through this world
this I just don’t know
but I promise we’ll be together
no matter how long it seems
just know your always in my heart
and always in my dreams
________________________

Related posts:

  1. Please Tell My Daddy I Love Him
  2. How I Got My Son to Do His Homework with a Poem
  3. Why Alec Baldwin Hates Divorce Lawyers and Judges
 
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