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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 the ‘Divorce’ Category

Women for Fathers Rights

Tuesday, August 10th, 2010

A comment on yesterday’s post sent me to a nicely designed blog called Women for Fathers Rights.  It is for a “wife, sister, mother, friend or any other woman looking to help a man in your life with his child custody and fathers’ rights issues.”

The blog plans to cover custody arrangements, tips and techniques to assist your man with his battle in the courtroom, and even common questions and answers that arise from being the woman in their lives battling for their rights to be a dad.

Here’s a quote from the blog: “A child with their father in their lives is the best possible outcome of any divorce.”

Battlestar Galactica Shoots Down a Marriage

Friday, July 23rd, 2010

30-space-battle-illustration[1]

One of the reviews on a Battlestar Galactica CD at Amazon.com is from a woman who says it ruined her marriage.

Her husband became obsessed with the television show, then went onto websites, Twitter, Skype, listening to podcasts, texting and chatting about the show.  Finally he went to a Battlestar Galactica convention in Texas and now lives with a woman he met on the website.  She says he forgot all about his wife, children, family, home and job.

They are now involved in a bitter divorce.  This can’t be good for his custody and visitation case.

Another Post Divorce Father’s Day

Thursday, June 17th, 2010

Christopher Perry, at CNN.com writes about his painful conversation five years ago with his five and seven year old sons that he and mom were not going to live together any more.  The seven year old tells him “It’s going to be ok.”  The divorce, however, was less than cordial.

Perry tells of the tears, frustrations, laughter, joys, happiness and awe with his children as each Father’s Day ticks off the years.  At the third year, the youngest asks him when he is moving back.

Now after five years, he realizes that it really is going to be ok.

My Most Important Client

Tuesday, June 15th, 2010

My most important client is not the diplomat who called from overseas for wire instructions so he could send me his retainer for a post divorce dispute.

My most important client is not the stock broker who made a million dollars last year and is looking at life time alimony and his soon to be ex-wife’s mounting legal fees that he may have to pay.

My most important client is not the wealthy businesswoman who brings her daughter to my office for a parenting plan and separation agreement.

Last night, my seven year old son looked up at me and said, “Dad, can you come to my school play tomorrow?”  I set all those urgent cases aside this morning and spent three otherwise billable hours waiting for my son to say his three lines.  Because he is my most important client.

Court Rules That Father Can Take Daughter to Church

Thursday, April 22nd, 2010

The court has ruled that Joseph Reyes will be allowed to take his 3-year-old daughter, Ela, to church according to the Chicago Sun-Times.  Rebecca Reyes, who has full custody of the child in their divorce proceedings, said the father was breaching an agreement they made that Ela would be raised in the Jewish faith.

The court also ruled that the father would have Christmas and Easter holidays with the child and the mother would have the Jewish holidays.

But Reyes still faces contempt sanctions for taking his daughter to church in violation of a previous court order.

Gosselin Custody Battle

Thursday, April 8th, 2010

Jon Gosselin has filed a Complaint in Custody and for Child Support against Kate Gosselin.  Jon has said that Kate is spending too much time on Dancing with the Stars and that she is neglecting the kids.  The Complaint doesn’t mention that but says she is abusing the discretion she was given by the arbitrator to set the times when Jon can be with the children.  Jon is asking that custody of the children be changed to him and that the court review the child support awarded by the arbitrator.

Imputing Income

Friday, April 2nd, 2010

Hector and Maxine Joy Sallaberry of Florida had been married for 17 years and had one son.   Hector owned a copy machine repair business.  Maxine had almost no income and Hector supported the family.  Family expenses were about $5,000 a month.

In their divorce, Maxine hired a forensic accountant who reviewed Hector’s business records and testified that he made $6,752 a month.  Hector countered that he could only bill about one hour a day on the average at $95 an hour, and that his income was $3,400 a month.

The trial judge found that Hector was voluntarily underemployed.  He imputed income to Hector for child support and alimony on the following basis.  He said Hector could bill 20 hours a week which would result in about $95,000 a year in revenues.  Then he subtracted $15,000 for expenses leaving about $80,000 in profits which matched what the accountant said Hector earned.

On appeal, the Florida appeals court reversed, saying that (1) the judge’s finding that Hector could bill 20 hours a week was speculation, not evidence; (2) the accountant failed to subtract business expenses from his number; and (3) the judge could not impute income solely on past ability to pay because that might not reflect current earning power.

Sallaberry v. Sallaberry, et al., No. 4D08-2124 (Florida District Court of Appeal, Fourth District, February 17, 2010)

Revenge

Wednesday, March 3rd, 2010

It is fairly normal to have fantasies of revenge and vindication in a divorce.  But those are not necessarily helpful emotions for finding your way through the legal systems and protecting your assets.  They can lead you to make wrong decisions when you should have a cool head or paralysis if you let them morph into despair and dejection.

You may be bitter about the amount of alimony and child support you have to pay.  Many ex-husband’s complain that their ex’s are living better than them financially.  That is not to say that single mothers have it any better.

Anger and hurt are part of the grieving process in a divorce according to many therapists.  These emotions should not be denied.  But it is also common to give them more significance than they deserve.  One way to cope is to find a meaning or purpose in your life that is bigger than your divorce problems.

Time does eventually heal the wounds and the divorce recedes into the past as your new life becomes larger and more satisfying than the old.  But ex-spouses still talk about their divorces with a hint of vindication or gloat over the misfortunes of their ex’s.

The way to know when you are over it is when you no longer want revenge.  That’s when you look at your life and you are satisfied.  The best revenge is living well.

Facebook Evidence in Custody Battles

Tuesday, February 23rd, 2010

Postings on Facebook are turning up as Exhibit 1 in more and more custody battles.  Although custody is supposed to be about best interests of the children, parties in conflict are more often than not inclined to try to show the other is a bad parent.

If you post your thoughts on Facebook, you may be giving the other side a roadmap for your case.  Do you want your spouse and his or her counsel to know what you are thinking and what your strategy is?

If you make angry statements about your spouse, you may be stepping in wet concrete.  The other side can use these statements in court to attack your credibility if you say something different.  Or to show the judge what kind of person you are if the statements are unreasonable.

The solution is to keep this in mind.  The first thing your spouse’s attorney will do after signing the retainer, is print out all your Facebook posts to use against you at trial.

Fathers Win More Custody Battles

Wednesday, November 18th, 2009

Lisa Belkin of the New York Times Magazine writes that more fathers are getting custody in divorces.

“There are now 2.2 million divorced women in the United States who do not have primary physical custody of their children,” she says, “and an estimated 50 percent of fathers who seek such custody in a disputed divorce are granted it.”

She attributes some of this to the recession.  More men are being laid off than women, and for the first time in history, women are about to outnumber men in the American workforce.

She predicts that the percentage of fathers with primary custody will likely increase, as social views about parenting continue to change.

 
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