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Divorce Lawyers

Thyden Gross and Callahan LLPCounselors and Attorneys at Law

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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.

Archive for February, 2008

When She Wants to Leave and Take the Kids

Friday, February 22nd, 2008

?If your partner threatens to leave and take the children, let her know that she can go, but the children are staying. She does not have the right to remove the children from the family home.

If she takes the children anyway, you can bring them back. If she leaves and takes the children, you have the right to know where they are. You can ask the court to order her to return the children.

Until and unless a court orders otherwise, you have joint legal and physical custody of your children with your spouse under the common law. Anything less than this takes rights away from you. Many fathers opt for less than joint custody, and in some cases, joint custody may not be in the best interests of the children. But you have the right, if you wish to exercise it, to insist on joint custody from the outset. In cases where the mother is an unfit parent, you can ask the court to award you sole custody.

If the mother denies access to the children, you can ask the court to order it. You are entitled to half of the time with your children if you want it. There is nothing in the law that says you are an incompetent parent because you are a father. There is nothing that says the mother can be a better parent than you.

The court will tend to keep the status quo, or existing situation, by leaving the children where they are. This is to avoid any more disruption in their lives than the divorce of their parents is already causing. That is why it is important that you set the precedent of equal time from the beginning of your case.

Kickout Orders

Wednesday, February 13th, 2008

?My state provides protection for battered spouses through a petition for a domestic violence order. If a husband threatens or harms a wife, for example, she can fill out a short petition at the courthouse, appear immediately before a judge, and obtain an order putting the husband out of the house for a few days. The sheriff serves the order that same day and you are given enough time to pack a toothbrush.

The court then sets a full hearing at which both parties can appear and testify as to what really happened. The judge can dismiss the protective order or continue it for up to a year. Divorce lawyers call these “Kickout Orders”.

Domestic violence can never be countenanced, but you can see how Kickout Orders can be
subject to abuse themselves. I’ve had all sorts of cases including grabbing for car keys, computers, mail, letting dogs outside a fenced yard, pouring weed killer on shrubs, bumping noses, muttering under one’s breath, and assorted pushes and shoves.

So be smart. Keep your hands in your pockets. Walk away from the fight. Remember, shout at your spouse, lose your house.

Ghost Dads

Friday, February 1st, 2008

Ghost dads are fathers who disappear from the lives of their children following divorce, according to an article by Sarah Hampson. She says that often the loss of daily contact with their children was so painful, they react by staying away. Other fathers blamed the mothers for alienating the children against them.

 
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