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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 July, 2012

No Child Custody Terms in Prenups

Thursday, July 19th, 2012

Tom Cruise and Katie Holmes were able to settle their divorce quickly.  Part of this was due to the fact that they had a prenuptial agreement.  A prenuptial agreement determines alimony and property distribution in the event of divorce.

But you cannot provide for custody, visitation or child support in a prenuptial agreement.  The reason for this is that the court has jurisdiction to determine what is in the best interest of the children based on circumstances at the time of divorce.

Likewise, child support will depend on custody and income at the time of divorce.  The parties can agree on custody, visitation and child support in a separation agreement or marital settlement agreement and the court will normally approve such an agreement.  These issues related to the child are the ones that Cruise and Holmes had to negotiate and resolve.

Can a Child Have More Than Two Parents?

Tuesday, July 3rd, 2012

In 2011, a young girl in California had two mothers.  One went to prison.  The other was hospitalized.  The girl’s father tried to gain custody of the child.  The state appellate court ruled that he could not be the legal guardian of the girl because California law allows a child to have only two parents.  Custody was given to the state.

Sen. Mark Leno, (D) San Francisco, has introduced a bill to amend the law in California so that a child can have more than two parents if it is in the best interests of the child.  Leno said, “There are more than Ozzie and Harriet families today.”

Delaware, Pennsylvania and the District of Columbia all permit a child to have more than two parents.

Under the proposal, families with three or more parents would share custody, financial responsibility and visitation for the child, based on a judge’s determination of each parent’s resources and time with the child.

Benjamin Lopez, legislative analyst for the Traditional Values Coalition, said Leno’s bill is just  a new attempt to “revamp, redefine and muddy the waters” of family structure in the drive to legalize gay marriage.

 
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