The divorce process is usually very difficult and trying for anyone experiencing it. It is especially difficult if your divorce involves a child custody battle. These difficult times often cause a person to act or react irrationally and in ways that detrimentally affect his or her case. You should be aware prior to court proceedings that the court will evaluate your behavior in its entirety throughout the proceedings and always behave accordingly. Below are some of the factors judges consider when making a child custody determination along with the 10 most common mistakes made by men during custody battles.
When a brand new person walks into this, it dashes even that tiny ray of hope and you can imagine how they feel towards said person.
Cordell & Cordell understands the concerns men face during divorce.
And you can hardly blame them for it, can you? They are not just their former spouse, they are also the parent of their children, and that is a bond that will forever bind them together. So expect awkward meetings with the ex, as they visit for purposes related to the kids.
That is to be expected but it usually dies down, as they see that the person going through a divorce is actually happier with you around. But with a single parent going through a divorce, this is easier said than done.
They have been hurt deeply, are at risk of their whole family being snatched away, along with losing their home and assets. And thank God for that!! When there are kids involved and the other parent is going to get custody, there arises the question of child support, along with alimony.
And a very vengeful ex-spouse with a high flying lawyer can really squeeze anybody dry!! Trust your gut, it seldom misguides you! Watch out for red flags that show that they might get back with their ex with a reconciliation. These include a friendly style of communication, still living together, going out together with the kids, etc.
As you see, a relationship with such a person requires a great deal of patience and self control and lots of holding back of feelings. Featured image source: Shutterstock.
Fabida is an erstwhile Software Engineer and current Freelance Writer cum stay-at-home mom to her boisterous 6-year-old. In between all the writing, baking, nagging, reading, and cuddling, she manages to blog a bit about her crazy life at Shocks and Shoes. Receive LOVE in your mailbox Try our weekly newsletter with amazing tips to bring and retain love in your life. Cooperate with your spouse. The willingness of each parent to support and facilitate the children's ongoing relationship with the other parent is important to the court.
Judges want to know that neither of you will stand in the way of your children's relationship with your ex. Likewise, they won't look favorably on parents that bad-mouth their spouse in front of the kids or interfere with visitation in any way. Parents who aren't granted primary custody during a child custody battle will often be entitled to generous visitation rights. Get expert tips to help your kids stay healthy and happy.
Child Welfare Information Gateway. Determining the Best Interests of the Child. More in Single Parenting.
Do's and Don'ts for Your Custody Case. Strategies for Successful Co-Parenting. Was this page helpful? You need to contact a domestic litigation attorney licensed in California before you decide how to proceed.
I think you mean that California is a community property state. This means that all property is considered marital property with limited exceptions. When determining alimony, most states have a variety of factors the Court must consider before deciding to award alimony. In Wisconsin, the Court cannot award maintenance based on only one factor-so the fact that you were the breadwinner may be a factor for maintenance but there would have to be additional factors which support the decision to award maintenance.
Once the Court determines that a party is entitled to maintenance, the Court then determines how much the person should receive per month and how long he or she should receive it. The pregnancy may or may not be a factor the Court considers in the decision to award alimony. The pregnancy is evidence of adultery. I do not know whether California has any fault statutes. Many states have at-fault divorce where this evidence would most certainly be relevant.
Other states consider fault when determining property division and whether or not to grant alimony. You must contact a domestic litigation attorney licensed in California to determine whether or not the affair would be relevant in your divorce. I have two daughters.
My oldest daughter has reached the age of majority in Alabama, but it will be three months after before I get in court on a petition to modify. Will I recover the over payments during that time? Each state has different laws governing child support. Since I do not practice in Alabama, I cannot tell you whether there is a statute which allows the Court to backdate the support to the date you filed the motion. Therefore, you should contact an attorney licensed in Alabama.
Many states backdate support modifications to the date that the party filed the motion.
Aug 15, And when you're dating someone going through a divorce, then you've just given new meaning to the term, 'it's complicated'!!! Image source: Dollarphotoclub In most cases, a divorce is a decision that comes after a lot of pain and heartache, and is . My ex boyfriend and I are going through a custody battle. He hasn't done his taxes in 2 years and is just now doing them because we have tho provide 3 years prior tax. His aunt will be doing them for him and I'm afraid she will lie about his income so he can pay less on child support. Oct 21, However, dating during separation may have an effect on alimony, child custody, and visitation decisions in a contested divorce. How Alimony Is Impacted by Dating During Separation. Dating during separation can affect your ability to receive alimony if your spouse claims that you started the relationship prior to filing for divorce.
This assumes however that your motion prevails. It is important that you refer back to your divorce decree or paternity judgment and re-read the child support section to see if there are any provisions which would extend your payment of support beyond age In most states, the obligations to financially support a child continues until the child reaches 18 years of age or 19, so long as the child is pursuing a high school diploma.
Therefore, you may still be obligated to pay for the support of your eldest daughter if she is still in high school. Even if there is not a provision in your support order, there may be a statute which requires you to pay support until she graduates high school as well. You should contact a domestic litigation attorney licensed in Alabama to discuss when your obligation to support terminates.
Dating while going through custody battle
She is licensed to practice law in the state of Wisconsin. We recently had a child support modification. We are now overpaying. How do we get this changed and how do we recoup overpayment? Family law is state specific.
Also, I have a strong indication that she is being paid under the table. How can I prove that? Can I have the judge get involved in that, if we have a child support hearing?
Nancy R. She is licensed in the state of Nebraska where her primary practice is exclusively in the area of domestic relations.
15 Custody Battle Tips When Fighting is Your Only Option
Shannon received her Bachelor of Arts degree from Doane College and her Juris Doctor from University of Nebraska - Lincoln, where she was a finalist in a Moot court competition and active in Client Counseling activities. Question: I owe a lot of back child support for something me and the mother had agreed on, but no she decides to file a complaint saying I owe. I have not heard anything from her since I have been paying again since I cannot get a hold of her.
Your child support duty and your right to visitation or contact with your children are separate issues and, in Michigan, paying support does not entitle you to visitation or contact. Your order will specify what rights you have.
If your order is silent or you merely have a support order, then you will need to file a custody complaint under the Child Custody Act ofMCL To obtain visitation, the parents need to file a separate action. File an Action for Custody or Parenting Time: As explained above, a support order does not entitle you to physical time with your children.
Forms are available online at www.
Motion to Reduce Child Support: If you cannot pay the current amount, consider filing a motion to reduce it. Be on the offense, not the defense. The standards and procedural requirements vary by state, but, in general, parents who genuinely cannot afford to pay e.
Sep 12, Before You Begin. Before diving into a long and drawn-out child custody battle, ask yourself if it can be avoided. Parents interested in obtaining sole or "full" custody often end up in court, engaged in a difficult battle because neither party is willing to compromise to reach an agreement. In such cases, the court ultimately determines who will prevail, and the outcomes can be surprising Author: Debrina Washington. Dos and Don'ts for Winning Child Custody. Understanding why dating during a custody battle is a big mistake can increase your chances of making the best decision for your unique situation. Raises Doubts About Your Priorities. The best interests of the child are of primary importance when child custody is being decided.
You may even request to have your arrears reduced or discharged. All they need to do is send a letter to the Friend of the Court to request it.
Contact the court or child support administrator for your case to find out how you submit your letter. Be cautious, however, because incremental differences may not be enough to modify the current order. Pay the Right Person: Most states require payors to pay support through the state, along with a processing fee.
That is a mistake. Unless and until your order states that you can pay your ex directly, you must pay child support through the state. Since the appropriate entity the state did not receive the money, you would still owe child support. You could even end up paying the full amount twice. Motion for Contempt. The judge will order her to comply, perhaps with make up parenting time, and you will create a record of your denied time in the event you need to modify the order later. Keep in mind that I cannot give you detailed advice about your case without a thorough meeting with you.
You should not rely on this answer as establishing an attorney-client relationship, and you should contact an attorney immediately for additional information and legal representation. My son lives with his mom in Houston and I live in Memphis.
He is 11 years old and weekend visits with him are extremely difficult to make happen because his mom will not allow him to fly on his own. I have been driving down to see him regularly, but this affects my job as I have to take off work, etc.
Is there any way to force his mom to let him fly on his own? I am also very interested in getting custody of my son because I am extremely unhappy with some of the parenting decisions being made. Is it even possible for me to fight for custody particularly since I am the father? If you thought the answer to your question is YES, you are right.
It is possible for you to obtain custody of your son even though you are the father, and the same is true for most fathers.
The maternal preference is antiquated and by statute or court opinion forbidden in all States. We do see fathers having to struggle more in court to obtain custody because the preference lingers, unstated, but the struggle is worth it if the reward is your son. You should find an attorney you trust, and you must be willing to invest time, energy and emotions, with a realistic expectation of the outcome, as you pursue your case. Consider these options:.
Informal Court Enforcement: Research the resources in your area for parenting time and custody enforcement. Many states do not require a court motion before a judge to enforce court orders. Other resources, such as parenting time monitors, counselors, and custody mediators, exist. In Michigan, for example, parents who have missed visitation with their children may file a complaint to request make up time within 56 days of the missed visit.
A parenting time counselor will review the complaint and issue an opinion in writing to both parents within 21 days. You should consult with a lawyer to learn about the resources available to you. The procedures for these motions vary by jurisdiction. The standards vary by state. In general, your unhappiness with the order is not enough; you must show a proper cause or change in circumstances since the last order to justify the change.
Some states require a higher burden if you are not a joint physical custodian. The long-term benefits could be worth the effort, however, if you are legitimately unsatisfied.
Joint Custody With A Narcissist
Do not pinch pennies here. You need a realistic viewpoint if you are going to invest money, time and emotions for a motion. Be sure to document when you will exercise parenting time and what happens if parenting time goes awry. Confirm the dates you intend to exercise parenting time in writing. Keep a journal to document your concerns - Was your ex-late for pick up or drop off?
Did she give a good reason for denying travel? Did you try to make alternate arrangements for travel or parenting time?