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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.

Posts Tagged ‘access’

Half Birthday Parties

Friday, May 27th, 2011

You know how kids like to add a half year to their age, like saying “I’m five and a half years  old”?  If your access schedule has every other birthday or no birthdays with your child, Orr General Store for Parents suggests throwing a half-birthday party.

The website says, “Half birthday parties can be even more fun that the regular party.  You bake half a cake.  If you’re not a baker, buy the cake and cut it in half.  Sing half of the birthday song or every other word.  Fill the cups half full.  You’ll think of lots of things to make it a special half birthday party.  As your child grows older it will become a funnier party because the child can add their own half touches.”

And there is even a website where you can find all the party supplies you need to throw a half birthday.

Vary Timesharing Schedules by Age of the Child

Friday, February 19th, 2010

by Jill H. Breslau

Typical timesharing schedules, like 50/50, or 5-2-2-5, or 4-3, or weekdays and weekends do not take into account the needs of children are different at various ages and stages of development.  Frequently, the approach to visitation is to consider the schedules and convenience of the parents first, figure out a logical access schedule, and then see if the children can adjust to it.

But a baby doesn’t need the same kind of access schedule that a 12 year old does.  Their basic needs and developmental tasks are different.  The baby’s “task” is to learn to bond, because all future emotional relationships depend on early bonding.  The baby needs continuity and frequency of contact, because for a baby, when someone goes away for weeks at a time, it is as if they died.

A 12 year old on the other hand, needs time with parents that takes into account his or her need to develop peer relationships and extracurricular activities.  And any children with issues like ADHD or special needs may have unique requirements that parents should consider when setting up schedules.

It is not easy to look at life through your child’s eyes. But a good parenting plan and child access schedule does just that.  You are a parent for the long haul; your children grow and change, and so should your schedule.  The way to begin to establish a schedule is by understanding the needs of each child.

Coffee Shop Advice

Tuesday, June 16th, 2009

Joan and Jack, two venerable divorce lawyers, bumped into each other while having coffee in the café close to the courthouse.  They greeted each other effusively and sat down at a table together putting their legal files on empty chairs.

“I’ve got this tough case,” said Jack.  “My client is the mother and she wants the father to have no visitation at all.  The father will settle for nothing other than 50 percent of the time with the children.”

“So what are you going to do?” asked Joan.

“I’m going to tell the father that he has a career to worry about.  And he is going to want to have a social life.  There is no better baby sitter than the mother.  I’m going to try to talk him into less than 50 percent.”

“I’ve got another idea,” said Joan.

“What is it?”

“Tell the mother to let him have the children 50 percent of the time.  Lot’s of fathers idealize about custody of the children.  But once they try to juggle a career with the demands of little children, they find it is no easy task.  After a couple of weeks, he will be asking the mother to spend more time with the children.”

“Not bad,” said Jack, “For that salutary advice, I’ll buy you a doughnut.”

“Never Tell Me the Odds, Kid” – Hans Solo in Star Wars

Thursday, December 18th, 2008

Percent of custody cases that go to trial (5 percent)

Ratio of divorce cases where mom ends up with primary physical custody (5 out of 6)

Ratio of divorces where parties agree to joint physical custody (5 percent)

Noncustodial dads who see their children at least once a week (31 percent)

Percent of sole physical custodians who are men (7 percent)

Source:  “Not Your Dad’s Divorce”, Newsweek

Taking the Stress Out of Alternating Holidays

Wednesday, December 17th, 2008

Eathan is a divorced father of two boys who is thinking outside of the box when it comes to alternating holidays.  He says in his blog that he tried the every other year for holidays and it’s no fun.  There are travel arrangements, scheduling conflicts and plans that don’t work.  You have to coordinate the weeks events around the dreadful kid-swap.

So, Eathan says, he decided to let his boys stay with their mom for the holidays.  “They get to spend the day with grandparents, uncles, aunts and cousins.  They get to eat Grandma’s stuffing and pies.  They can take their time and relax.  Problem solved.”

Then Eathan takes his sons on other holidays and special vacations.  He went to Disney World one year and took them on a father/son camping trip. “ Both of those trips are still talked about every year.  They are burned in their memory.  The one thing they can’t remember is Thanksgiving at Grandma’s last year.  It’s just a normal event, but the trips with dad are memorable.”

Wife Can Go but the Kids Stay

Friday, October 24th, 2008

Question:

My wife says she is leaving and taking the kids.  I don’t want her to.  What do I do?

Answer:

First, tell her that she can go, but the kids stay.  You have joint legal custody and joint physical custody until and unless the court says otherwise.  You have the right to pick them up from school or any other place she takes them.

Second, call your lawyer.  He or she will try to reach a written agreement with your wife’s attorney about the children, even if it is a temporary one.  The agreement will cover who lives where, how much time each party spends with the children and how the bills will get paid.

Third, if you can’t reach an agreement, then you can petition the court for a custody and access order.  This will usually involve legal fees, pleadings and a hearing.

Survey – Equal Parenting Time for Divorced Dads?

Tuesday, July 8th, 2008

“In 85% of divorces, fathers get just two weekends a month and a couple of hours during the week.” — Mike McCormick of the American Coalition for Fathers and Children.

With the divorce and custody trial of Christie Brinkley vs. Peter Cook in the news, the Intelligence Report at Parade Magazine is asking if divorce courts are anti-dad and is taking a survey on this question:

“Should divorced dads get equal time with their kids?”

Parade notes that up to half of fathers lose contact with their kids after a divorce even with a trend toward shared custody over the past twenty years.

Proportional time is a new legal trend according to Jennifer Rosato of Philadelphia’s Drexel University School of Law, where “the custody decision is based on the time dads spent with their children before the divorce, rather than presuming that dads have, and want, limited involvement with their kids.”

But, says McCormick, “Courts want a check first and a relationship second.”

 
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