Free Leigh: April 2013

Thursday, April 25, 2013

Fathers Rights After Divorce: Children's Legal Right To Both Parents

Children will be given legal rights to see both their mother and their father in a shake-up of the family justice system, the government has signalled.

New rules will be "much clearer that it is vital for children to have an ongoing relationship with both parents", the Department for Education said.

Divorced and separated fathers will get stronger rights to see their children, in a recognition of equal parenting.

New rules will be "much clearer that it is vital for children to have an ongoing relationship with both parents", the Department for Education said.

But ministers looked set to disappoint fathers' rights campaigners by ruling out any legal guarantee of equal access. read more at: http://www.huffingtonpost.co.uk/2012/02/03/fathers-rights-after-divorce-legal-children_n_1251840.html

Equal Rights For Divorced Fathers

Shared parenting is a joint parenting arrangement in which children of divorce are given the right by the courts to have both of their parents share in the most equitable manner as possible, the responsibilities of caring and raising the children.

By having both parents play an active role in the caring of a child, both parents feel like they are a part of the child’s life and that neither one of them feels treated like a weekend visitor. This IS NOT the typical Joint Custody which only gives oneparent Physical Custody. read more at:http://www.equalrightsforfathers.com/

Father's Rights In Divorce: Myths and Facts

In my practice as a divorce lawyer, the vast majority of the fathers whom I have represented want to remain actively involved as parents after their divorce has been settled. Very few want to sever ties with their children, even when they cannot stand the sight of their ex-wives.

In fact, I am seeing an increasing number who are fighting to be named the primary conservator -- or the parent who determines where the children live and has majority of the access. This is especially true when both spouses are working full-time.

I am a working mom, and I benefit from a marriage in which parenting duties are truly split 50/50. However, having worked with over 600 divorcing clients, I can say that our relationship is an exception to the rule.

As A Father What Are My Rights And Responsibilities During And After Divorce?

As a father, you have certain rights and responsibilities with respect to your children. You do not need a court order to obtain your rights as a father. You already have them. They are guaranteed by the United States Constitution and the laws of your state. Until and unless a court rules otherwise, your rights as a father and as a parent include the right to:

Be an influence in your children’s lives, be involved, interact, and spend time with them;
Love and nurture your children without harassment from the other parent;
Decide where your children will live;
Participate in the parenting of your children;

Arizona dad fights for rights of divorced fathers

ike Espinoza's life has become a stereotype. Like divorced fathers across the country, the Apache Junction flooring installer crams a life with his sons into every other weekend and a few weeks in the summer.

He's furious about it and is trying to change it.

And while he hasn't yet won more time with his own children, he has given Arizona fathers a better chance at equal parenting time. In the process, he's become a role model to his 8- and 10-year-old sons.

"I could really care less about dads' rights or moms' rights," said Espinoza, 41. "But when you look at the research and the effect it has on children, how could anyone not take note of that? It's time for equal time and equal custody."

Sunday, April 7, 2013

Finances: At Tax Time, Divorced Couples Should Negotiate Child Deductions

Going through a divorce is, well, taxing. It can, and very well might, leave you drained emotionally, physically and financially. According to Craig Hyldahl, CFP®, CDFA™, certified divorce financial analyst, principal of R.I.C.H. Planning Group and financial professional with AXA Advisors, countless divorce decisions can have a direct impact on one's financial well-being. “The combination of life-changing decisions and extreme stress can lead to mistakes that would not be made under ‘normal’ circumstances,” he said. But the IRS doesn’t have to be a third party to your divorce. Follow these tips to save money, reduce stress and guarantee you aren’t hit with hefty tax repercussions.

Tip 1: Report the correct marital status.
You must file your income tax as a single taxpayer if your divorce was concluded by the end of the year. If your divorce is final by December 31st, the IRS still considers you unmarried all year. Report your filing status as single if a judge signed a decree of divorce or separate maintenance. However, you may be able to file as head of household despite a signed decree — which can decrease your income tax obligation. To be eligible for head of household status: You must have paid over half the cost of keeping up your home for the tax year; Your child must have spent more than half the year at your home; Your spouse must have lived elsewhere for over six months. read more at: http://www.divorce360.com/divorce-articles/finance/impact/five-tax-tips-for-divorcing-dads.aspx?artid=746

Calling All Single Dads

In today’s world, fathers are getting their share of custody after divorce, and those numbers are growing. I understand it can be scary or daunting for dads, juggling work, parenting and perhaps even a social life. For all the single dads out there -- there's no doubt you are doing a great job! The most important thing you have to do is love your child, after that it's just gravy.

There are places you can go for support and Web sites to visit that are for single dads. If you have a church or synagogue, community center, or local park, they all might have or can start a single parent support group. Approximately, 62 percent of all parents are single, so your universe is wider than you think. I suggest you begin by typing in "single fathers" in a search engine, and go visit one of those sites.

We are never given more than we can handle, and I have a feeling you are handling single fatherhood very well. Just go out there and find other single parents who you can talk to, get advice from, and be supported by. Your confidence will grow as will your parenting skills and support network. I salute you for your efforts and this wonderful journey you're on. Your child is truly blessed, and so are you to be sharing this parenting journey with so many other dads, and moms out there! read more at: http://www.divorce360.com/divorce-articles/after-divorce/parenting/making-lemonade-single-dads.aspx?artid=1198

Single Parenting: The Myths

Even today, the unjust stereotype is still sometimes invoked: a single parent presides over a broken home that produces troubled children. Unless single mothers and fathers disbelieve this popular prejudice, they are in danger of doubting their adequacy and undercutting their confidence as parents. It's not the number of parents in a family, but the quality of parenting a child receives that matters most. A home is only “broken” when healthy family interactions break down. As for producing troubled children, in my counseling practice they seem no more likely to come from single parent homes than from dual parent families.

What is true is that single parents, because they have no parent partner with whom to share the daily child raising load, must absorb additional family demand and support additional responsibility. However, by rising to this challenge, custodial single parents develop significant strengths that merit recognition and appreciation. Consider just a few of the common strengths they often seem to possess. read more at: http://www.divorce360.com/divorce-articles/after-divorce/parenting/single-parenting-the-myths.aspx?artid=142

Child Support: Four Tips to Help Get Cash from Self-Employed, Ex-Spouse

What's the easiest way to get child support payments? Have the money taken out of your ex-spouse's weekly paycheck.

Called garnishment of wages, studies have shown it is the most effective way to collect child support in the United States. It's often used by government agencies -- like a community's child support enforcement office -- and by private collection firms who get paid to track down a parent who is behind on payments. The second most effective way to get your ex to pay child support is to use a credit bureau, which then works to collect the money.

But what if your ex is self-employed?

That's a question faced by millions of Americans, whose former spouses say they dont' make enough money and can't pay what the courts have ordered them to pay. About three-fourths of all parents who receive child support payments are not getting it. all or any of it. A recently released report by the U.S. Census puts the figure at 77 percent of custodial parents. A poll for www.Divorce360.com, conducted by GFK Roper Public Affairs and Media, put the figure at closer to 70 percent. While most parents who receive court-ordered child support are women, when it comes to nonpayment of that money, there is no statistical difference between the sexes in delinquency, according to the census. read more at: http://www.divorce360.com/divorce-articles/child-support/collection/policing-the-self-employed-for-child-support.aspx?artid=663

Mental Health: Fathers Facing Divorce Often Find it Hard to Get Help

For many men, going through a divorce feels like a failure — and that perception often leads some of them down the long, windy road to depression.

“The loss of an important relationship like a marriage can be very difficult for anyone, but it appears that men are more likely to get depressed, whereas women suffer more financial hardship initially,” says Daniel Buccino, an assistant professor in Johns Hopkins’ Department of Psychiatry and Behavioral Science. “Such substantial loss can trigger a depressive episode in vulnerable individuals, or depressive symptoms could have exacerbated the marital dissolution, which then get worse when the marriage is over.”

According to a 2007 study from Statistics Canada, men appear to fare worse emotionally than women do following a divorce. The study found that men who had divorced or separated were six times more likely to report some depression compared with men who stay married. The study showed that the loss of custody and parental responsibilities were the most stressful changes for men. “Men's social lives largely revolve around their spouses and family, and when that is disrupted, it can leave men more isolated and prone to depression,” says Buccino. read more at: http://www.divorce360.com/divorce-articles/counseling/therapy-during/divorce-depression-and-dads.aspx?artid=736

Can't Pay & Won't Pay Ex's Face The Courts

“Deadbeat Dads” has been the headliner of multiple stories in the Chicago Sun-Times for decades. Cook County launched “Operation Father’s Pay”; Butler County in Ohio put faces of these so called deadbeats on pizza boxes; and the Los Angeles County District Attorney announced their “Most Wanted Delinquent Parent” list. Several other states have begun similar campaigns to collect on un-paid child support. All of these humiliating campaigns launched against these fathers would have us believe that the men targeted are insensitive deadbeats who are selfishly stiffing their children; however, research contradicts this.

The fact that many of these types of campaigns struggle to come up with alleged “deadbeats” who have an education or a middle-class job might give less zealous public officials cause to stop and pause. Federal Office of Child Support Enforcement data shows that two-thirds of those behind on child support nationwide earn poverty level wages; less than four percent of the national child support debt is owed by those earning $40,000 or more a year. According to the largest federally-funded study of divorced dads ever conducted, unemployment, not willful neglect, is the largest cause of failure to pay child support. read more at: http://www.divorce360.com/divorce-articles/child-support/general/male-talk-dead-broke-dads.aspx?artid=1421

Lose your Job? Don't Let Child Support Pile Up; File for Reduction with Court

It's hard for men to admit that they need to reduce their child support when they've been laid off. It's like a double whammy of "I'm not a good employee" and "I'm not a good provider." But the reality is that sticking your head in the sand in hard times, like now, is not the answer. This economic meltdown that everyone seems to be effected by, is hitting home hard. Unemployment rates are up, employers are cutting hours to the bone, and there are 'For Lease' signs in many of the commercial spots where there used to be a business. People could be out of work for a very longtime, and avoiding the topic will only make it worse.

Fathers frequently end up with huge back child support obligations because they were laid off. They don't go in to the court and seek a modification based on their now non-existent income, they're prideful and they are fearful. That "hope to have new job soon" optimism is necessary to get through the day, but don't let it be an excuse to avoid protecting yourself with a child support reduction.

Men are strong willed creatures, sometimes too strong for their own good. Men can be so sure that things will turn around that they will ignore the realities of what is happening. They let their fears rule their actions and use hope to offset the fear, rather than action. This is a huge mistake. read more at: http://www.divorce360.com/divorce-articles/child-support/collection/the-mens-room-paying-child-support.aspx?artid=1452

Father's Rights: For Some Men, Support Can Keep Them from Children

Even for the hundreds of thousands of divorced fathers across the country who desperately want to be involved with their children, the uphill battle they must fight through the United States family court system often makes running seem alluring, says Greg McClain, a father of one from Tulsa, Ok., who has spent the last several years chasing the mother of his 3-year-old son across the country.

No one could ever accuse McClain of not being involved with his son. When the mother of his son told him she was moving to Texas, McClain took a job in Dallas. But she never moved.

Instead, just one month later, she decided to move to Tulsa. McClain decided to go with them. “I moved to Tulsa and got a lower paying job just to see my son more. Everything was going all right, until two months ago when she decided to move to Oklahoma City. Now I have to take her back to court to try and get custody,” McClain says. read more at: http://www.divorce360.com/divorce-articles/child-support/information/parental-rights-and-support.aspx?artid=461

Fathers and Custody

think it used to be expected that, aside from extreme situations, the mother always got custody of the children in the case of a divorce. Daddy would come pick them up every other weekend and that was that.

Growing up, I had many friends with divorced parents. I think only one of them was being raised by her father. I'm not sure what the circumstances were, but she was happy and well-adjusted. She really loved her dad; I can't imagine how she would have felt had she not been able to live with him.

I know I always got along better with my father, too. If my parents had ever gotten a divorce, I expect that I would have gone to live with him. But, depending on how young I was, I probably would not have had a choice in the matter. And if my parents fought over it, guess who the judge would have sided with? To hell with what I would have wanted. I was just a kid, right? The court must know best. read more at:http://www.divorce360.com/blogs/2008/5/14/deadgirrrl/fathers-and-custody-blog-7723

Do Dads Have A Tougher Time In Court? Why?

When Allan Karr of Orange County, Calif., married his pregnant girlfriend, he thought he was doing the right thing for the child.

Later his wife was brought up on charges in a rape case she had started against six men. According to authorities, she received less than a year of jail time and agreed to pay more than $1,800 to the state crime fund for victims as part of a plea agreeement in the case.

The couple eventually split, and he has continued to battle to keep his son in his life.

In Karr’s case, marrying his girlfriend may have been the exact wrong thing to do. Being married to the mother does not necessarily help a man in court, says Mel Feit, the director of the National Center for Men (http://www.nationalcenterformen.org), a men’s rights group based in Michigan that believes there are challenges to being both a married and unmarried man going before family court. “Each circumstance brings a different set of problems,” Feit says. read more at:http://www.divorce360.com/divorce-articles/child/custody/do-courts-favor-moms.aspx?artid=591

Are There Tips For Men To Survive Divorce?

This question was asked by a friend of mine, and I really had to think about htis for a long time. This is what I came up with as a few key pointers to help a man survive the divorce process:

1. Choose a lawyer on recommendation. If it’s possible, interview several before selecting one. They do not have to be the meanest, but they do need to be savvy in divorce law – especially if children are involved. read more at: http://www.divorce360.com/blogs/2008/2/25/lashaclarke/are-there-tips-for-men-to-survive-divorce-blog-4241

What Happens To Kids Who Have Absent Dads?

More kids have died in Chicago between September 2007 and August 2008 than servicemen and women from Illinois during the same period in Iraq. A recent survey estimates the greatest fear Chicago Public School children have is “getting shot”. Government officials, educators, and community activists debate continuously over the causes of the explosion of youth violence in Chicago- gangs, drugs, guns, poor school funding, etc. While all of those factors certainly contribute to the rising statistics on youth violence, the largest contributing factor that continually gets overlooked is absent fathers.

Studies show that school systems with above-average rates of father absence have nearly double the rates of school violence compared to those with below-average rates of father absence. Children who do not live with both parents are also more likely to carry a gun, assault another student and assault a teacher. To put it simply, father absence is the single strongest predictor that a child will grow up to be violent or fall victim to violence.

When male youth do not have a father figure in their lives, they often join gangs to fill that emptiness and look to gang leaders to fill that “fatherless” void in their lives. There is a critical connection between a father’s absence, juvenile delinquency and anti-social aggression in our youth. The likelihood that a male will engage in criminal activity doubles when he is raised without a dad. In fact, 72 percent of adolescents charged with murder grew up without their father (Characteristics of Adolescents Charged with Homicide, 1987). read more at:http://www.divorce360.com/divorce-articles/after-divorce/parenting/dads-rights-divorce-and-absent-fathers.aspx?artid=1422

Custody: Should Dads Get Equal Custody? More than Half of Americans Say Yes

More than ever before, divorce is making news. Much of it is due to changing legislation regarding issues such as custody. In the past five years there have also been major shifts in our perceptions about divorce and the emergence of new alternatives that can simplify and reduce the time and cost involved in divorce proceedings. Consequently society is talking and caring more about divorce than ever before in history.

With discussion comes awareness of the many complex challenges that surround divorce. This includes the many weaknesses and inequities in our divorce-related legal systems and the long-term consequences of poor decision-making as couples attempt to transition through the divorce maze.

"Parade Magazine," a weekly publication that comes with Sunday newspaper supplements in large cities around the U.S., recently sponsored a national poll. The question they asked was this: Should divorced dads get equal custody? A total of 63 percent of their responses were yes, and 37 percent were no.

Here are some quotes reflective of the responses. On the yes side were comments such as “Just as women should get equal pay, dads should get equal custody. The 14th Amendment requires that people be treated equally, regardless of sex.” Another yes response was “Children are more likely to thrive if they have access to both parents.” read more at: http://www.divorce360.com/divorce-articles/child/custody/child-centered-divorce-dads-and-custody.aspx?artid=1287

Fathers' Rights: Divorced Dads Have Tough Time with Weekend Visitation

For many children, the standard visitation model — every other weekend and a few hours on Wednesday — means that every few days they leave their home for a new one, where different rules, standard and expectations apply. For many children, this transition is a challenge.

It does not have to be as bad as it often is, says Marjorie Engel, retired president of the Stepfamily Association of America . “The biggest thing is the attitude of the parents,” Engel says. “They need to continue to co-parent even if they have different roles. There has to be communication between the parents.”

According to Engel, an ideal back and forth would include a checklist of items the children need and a conversation beforehand to make sure each parent understand that “hey, our son has decided not to cut his hair anymore” or “he is taking this kind of medicine at this dose.” While Engel says the rules need not be the same in each, parents should keep badmouthing to themselves. “There will be times when the parents are still angry at each other,” says Engel who encourages parents not to let that anger influence their children. read more at:http://www.divorce360.com/divorce-articles/child/custody/divorced-dads-struggle-with-visitation.aspx?artid=697

Wondering How You Can Afford A Lawyer?

These days everything is expensive, and cash is getting tight for many people. As the cash crunch gets tighter more relationships are breaking up. When couples start fighting over money, usually the lack of it, the divorce is not far off.

It is at this critical time that you most need to have the advice and counsel of a good lawyer, one who is experienced and knows the courts, which means they are going to charge for their time. Time is how an attorney charges for their knowledge.

In California clients can hire family law attorneys and give them what is called the Family Law Attorneys Real Property Lien. This is a way for you to access your home's equity, without having to put out too much of your cash today. Frequently lawyers will take a case with a smaller retainer, if they have the protection of the Family Law Attorneys Real Property Lien.

Think of it like a home equity line for your defense. It's a way for you to get the representation you need today, to make sure you have something left tomorrow. The way it works is you and your attorney agree that they will be paid out of your half of the community property equity in the home should you not pay otherwise. It's security for the lawyer that they will be eventually, and it gives you the safety of having a lawyer. Read more at: http://www.divorce360.com/divorce-articles/finance/costs/the-mens-room-paying-for-divorce-attorney.aspx?artid=1386

7 Reasons Fathers Should Expect a Restraining Order

A restraining order is issued in America every 32 seconds. If you are a father going through divorce, believe it or not, a restraining order or a false protection order against you is most likely in your future. If you are hit with a restraining order, you could lose your freedom, access to your children and your money without even knowing that it was happening.

How do I know this?

It happened to my father — My parents got divorced when I was two years old. Out of revenge, my mom intentionally kept my dad out of my life. I never knew my own father. He missed me growing up. I am sure this sad fact influences my actions to this day.

And, most recently, it happened to me!

When my ex-wife served me with a fraudulent protection order, it was as if I was attacked while blindfolded with my hands tied behind my back. I didn’t see it coming and when I was hit with a divorce and a restraining order that prevented me from seeing my children – I felt helpless. Read more at: http://restrainingorder911.com/7-reasons-fathers-should-expect-a-restraining-order/

Helping Your Friend Through a Divorce

Certainly, divorce is one of the most painful experiences a father can endure. Many fathers going through divorce feel loneliness, anxiety, failure, and despair. No matter how they feel about their soon to be ex-spouse, they miss being in a family, and they more often than not miss living with their children.

If you are this dad's friend, what can you do to be supportive? How can you help him through the process positively? How can you avoid taking sides or becoming co-dependent and at the same time be there for your friend? Read more:http://fatherhood.about.com/cs/divorceddads/a/helping_divorce.htm

Five tips for fathers going through a divorce

Majority of information available for divorcees are geared towards mothers. Divorce can be equally, if not more, devastating and both financially and emotionally draining for fathers who lose their children in child custody battles. Here are a few tips to keep in mind as you go through the divorce process.

1) Get a good lawyer –If you and your ex-spouse mutually agree on the divorce and there no major issues exist, it can be a short, easy process. However, if there are disagreements with things such as assets, debts, and child custody, it is pertinent you hire an attorney because the divorce may be lengthy and complicated. An attorney can help you understanding your rights and what you’re giving up. Read more at: http://www.dupageattorneys.com/blog-0/bid/62944/Five-tips-for-fathers-going-through-a-divorce

How to Put Your Life Together After a Divorce

Seek counseling for yourself during the divorce process and afterwards. You are likely to go through a mourning process similar to a loved one's death. This is completely normal. Without help, you may find yourself caught in a rut, depressed and unable to move forward with your life.

Allow yourself to grieve. Even if you are not grieving the loss of your ex in particular, you are probably feeling the loss of the life you thought you would have. It is okay to cry and to let your hurt out. Some people take longer to recover from a divorce than others. Follow your feelings and take your time healing.

How to Prevent Men From Losing Everything in Divorce

Get a good attorney. While you're free to represent yourself, going on the Internet and researching your state's family law code will not place you on an even playing field with your wife's lawyer, if she's hired one. Finding a good attorney doesn't necessarily mean picking the most expensive, most experienced or the biggest "shark" or "bulldog." Retain someone with enough experience to handle a case like yours and the right personality to work with you.

Pay child support voluntarily if your ex-wife has the kids, even if this means letting some of your own debt go late or unpaid. Ask your attorney what you will likely pay in child support according to your state guidelines, and pay it without having to be asked. Paying adequate child support without arm-twisting by a judge shows that you are a concerned father

whose love for his kids exceeds his animosity towards their mother. Furthermore, this could help keep your litigation costs down by removing one issue from the list of things to fight over.

Advice for Men Wanting a Divorce

Get a good lawyer before proceeding with divorce plans. Be sure the lawyer specializes in divorce. Ask for a recommendation or some feedback from someone who has used a divorce lawyer in the past. You want your divorce lawyer to be someone you trust with all personal information.

Read more: Advice for Men Wanting a Divorce | eHow.com http://www.ehow.com/way_5459689_advice-men-wanting-divorce.html#ixzz2PosBvr7I

Divorce Preparation Tips & Advice for Men

This is the most basic step in divorce preparation. Without retaining a good attorney who is well versed in family law, there is little chance at getting a desirable outcome. While no divorce decision will be ideal for either party, there are ways to make it a better decision for the individual. One way is making sure, as a man, your rights and interests are looked after from the beginning by a professional family law attorney. Retaining an attorney involves an initial consultation to explain the situation and then paying a retainer, usually 10 to 20 percent of the expected total bill. Some may also require a more substantial payment to be held in an escrow account.

Read more: Divorce Preparation Tips & Advice for Men | eHow.com http://www.ehow.com/way_5137270_divorce-preparation-tips-advice-men.html#ixzz2PorvctXE

Divorce Advice for a Man

If you go into the situation ready for legal warfare you only will drag out and exacerbate your own suffering. Treat your wife with respect at all times. You will be taken more seriously in the courtroom and held in a higher regard if you don't sink to the level of degrading or sabotaging your soon-to-be ex wife. It will not always be easy to keep your cool if you feel you're being mistreated. But it will be worth it in the long run.

Read more: Divorce Advice for a Man | eHow.com http://www.ehow.com/way_5268019_divorce-advice-man.html#ixzz2Porl9aMi

Advice on Divorce Rights for Men

It is unconstitutional for any state to make laws that discriminate based upon gender. In family

courts nationwide, judges are held to high standards of ensuring their rulings are evenhanded and equitable in every regard. Simply put, the reality of the modern court system is that divorces are a numbers game, not an excuse for judges to offer women an upper hand.

Read more: Advice on Divorce Rights for Men | eHow.com http://www.ehow.com/way_5525159_advice-divorce-rights-men.html#ixzz2PorZZTy3

Why Do Divorce Laws Marginalize Men?

Ask a buddy at work. Ask your neighbor. Even a relative will probably have heard of one. And the stories are always the same: she took his house, his car, and his kids. She made more money than him and he still had to pay alimony. She accused him of physical abuse and the courts didn't even ask for evidence.

It seems that no matter who you talk to these days, someone knows of a man who came out of a divorce robbed and humiliated. And there is no end to how harrowing such stories get.

Read more: http://www.askmen.com/daily/austin_60/92_fashion_style.html#ixzz2PorIRMt5

A Divorce Checklist

Fathers for Equal Rights (FER) has compiled a list of those things your attorney should be working toward in your divorce or modification. Those items with an asterisk (* ) beside them are MUST-HAVE items. This is not to say that other considerations are not important, but gaining those with an asterisk by them is of utmost importance. WARNING: This is simply a checklist and does not cover all of the issues of your divorce or court action. For additional information and explanations, please obtain the FER Report on the subject covered. Call or come by our offices for further assistance.read more at:http://www.fathers4kids.com/html/FathersRights.htm?article_id=32

EXERCISE YOUR RIGHT TO BE A FATHER!

Being divorced doesn’t mean you can’t still be a great father to your children! If you’re worried about losing your parental rights to your children, you’re not alone. Men today often fear the repercussion of splitting their family bonds, worried they may never be a good father figure to their children. We’re here to help change that perception and help you understand your right to be a father to your kids!

Divorced Fathers Rights was designed to help you learn about your legal rights as a divorced father. Whether you’re looking for more information about Child Custody, an overview of the Divorce Laws in your State, we’re going to have something in our extensive library to help you

FATHERS' RIGHTS WHEN PAYING CHILD SUPPORT

Photo Credit Cash image by Greg Carpenter from Fotolia.com

A father charged with an obligation to financially support a minor also maintains certain rights associated with the payment of child support, according to the American Bar Association Section of Family Law. Individual state laws regarding these rights are consistent from one jurisdiction to another across the country.

Description

The father paying child support has the right to use of state-mandated guidelines to determine the amount he must pay, according to FindLaw. A father cannot be subjected to an arbitrary determination by the court or a demand by the mother in the calculation of a child support obligation. Although some deviation from the guidelines is permissible, even a variance must comply with what is permissible with these standards.

Rights for Fathers Paying Child Support

A father has equal rights to primary custody. Custody is not always "automatically" awarded to the mother. If there is a custody battle, the court must compare certain requirements, such as which parent spends more time with the child, which parent usually takes the child to the doctor, which parent is most likely to not hinder visitation and communication with the other parent, the parent's living space and other provisions for the child by each parent.

If a father is not awarded primary custody of the child, he is awarded secondary custody and has the right to see his child and to be a part of the child's life including decision-making for education and religion. If the parents cannot agree on a fair visitation schedule, the court will create a schedule (often as part of a parenting plan). A common visitation schedule includes every other weekend (from Friday night to Sunday evening), an over night or at least four hours once during the middle of the week (every week) and rotating holidays and vacations.

Having Child Support Problems

Is your child support order too high? Having a hard time paying your own bills? Unemployed? Disabled? Being harassed and threatened by Child Support enforcement? License suspended? Wages garnished? Want to learn how to stop this madness and get your life back? read more at: http://fathersrightsinc.com/calculate_child_support.htm

Dead Broke' Dads' Child-Support Struggle

Every month, on order of a Colorado judge, Jason Stribling sinks deeper into debt.

Mr. Stribling is obligated to pay $899 a month in current and back child support for his 15-month-old son, Nasir. The only job he says he can find is a part-time one at a Denver recreation center that pays $600 a month. When he does the math, Mr. Stribling said, he feels as if he is drowning.

''I am, like, stunned,'' the 24- year-old father said. ''Sometimes I get so mad at the mother of my son.''

His personal sinkhole of child-support arrears, which Mr. Stribling dug for himself by failing to support his son for nearly a year and by losing his job because of a citation for driving under the influence of alcohol, is more than $9,000 deep and accruing interest at 12 percent a year. While the specifics of his case are unique, his situation is not. Across the country, child support owed by poor fathers like Mr. Stribling has swollen to about $21 billion and is rising at a faster rate than for any other group of men.

CHILD SUPPORT HELP FOR FATHERS

Photo Credit Cash image by Greg Carpenter from Fotolia.com

As a father facing a dispute or proceeding concerning your child support obligation, you may wonder what support services exist to assist you. A variety of different resources are available, including informational services and legal representation, according to the American Bar Association Section of Family Law.

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Most courts across the United States that deal with child custody matters maintain litigant self-service centers and other information resources. You can access state statutes on child support as well as child support guidelines and worksheets. Information on court procedures is available. The American Bar Association Family Law Section maintains information regarding child support matters. The ABA also has resources to help you find legal representation in a child support matter. These resources include contact information for local and state bar organizations and for organizations across the United States that provide no-cost representation to people who cannot afford a private attorney.

Fathers Child Support Services

Are you a father having trouble paying child support? Do you need a reduction in child support? Do you have a high back child support arrears balance? Is the Division of Child Support Enforcement or District Attorney after you for back child support arrears? Are your wages garnished? Has your driver’s license, professional license or passport been suspended? Caseworker giving you the run-around? Feel as if you will never payoff the back child support arrears balance and high interest charges? Has a warrant been issued for your arrest? Your frustrations are over! We can help you.

We are an organization dedicated in helping fathers obtain modification of child support orders and resolving their back child support arrears problems. read more at:http://www.childsupporthelp.org/

Father’s Rights

When looking for divorce lawyers for men, it is important to understand that a competent and ethical attorney should be focused primarily on the rights and interests of the client. The greatest strengths an attorney can offer a client are:

Competent analysis and strategy
Thorough construction of a case
Credibility before the court

An attorney’s predilections for or against a social or political cause offers no measurable benefit when representing a client in a case before a judge. It is for these reasons that McKinley Irvin represents both men and women equally, choosing to focus on the rights and interests of the client, rather than a social cause. Read more at: http://www.mckinleyirvin.com/family-law-practice-areas/child-custody/fathers-rights/

Rethinking Fathers’ Rights

Every few years, some father who believes he's been wronged by the family court system grabs headlines and draws attention to the flawed ways in which we split up families. Custody proceedings are often brutal and adversarial. Otherwise fit parents can be drawn into a bare-knuckle fight over who poses a greater danger to the children. (Consider the recent Christie Brinkley custody spectacle in which allegations of Dad's porn use and Mom's over reliance on nannies became exhibits A and B, although both facts were legally immaterial.)

Despite the fact that divorce is rarely triggered by violence or abuse, the incentives to allege that a man is abusive and out of control are undeniable. They tap into age-old stereotypes about men and ensure that Mom becomes the primary custodian. Even without abuse allegations, simple rules of physics (one child cannot be split into two and two cannot be split into four) make it likely that many good fathers will be downgraded from full-time dads to alternating-weekend carpool dads. They will be asked to pay at least a third of their salaries in child support for that privilege. Simple rules of modern life make it likely that an ex-wife will someday decide that a job or new husband demands a move to a faraway state. At which point the alternating-weekend-carpool dad is again demoted, to a Thanksgivings-if-you're-lucky dad. Read more at:http://www.thedailybeast.com/newsweek/2008/08/08/rethinking-fathers-rights.html

Fathers and Custody Rights

Although, it's preferable for parents to share custody of a child, there are situations where the courts would consider granting full custody to one parent. In addition, the courts are not permitted to show any bias against fathers. However, you should be prepared for a challenging child custody battle if the child's mother is also planning to file for full custody. Read more at: http://singleparents.about.com/od/childcustodyresources/a/can-a-father-win-full-custody.htm

Child Custody for Fathers

Nothing in a divorce can be more paralyzing than the thought of losing your children or missing out on key moments in their life. As a father, you may be concerned that your wife will automatically receive primary custody of your children. This is not necessarily true. While it is true that women usually are awarded primary physical custody of children, ultimately, the courts try to act in the child’s best interest. Read more at: http://www.just4dads.org/legal-custody.html

Fathers and Children: Determining Custody Arrangements

Family law courts used to favor mothers undeniably when it came to decided child custody placement upon divorce. Since the 1970s however, courts changed their ruling basis to be in the best interest of the children. Even with that standard set in place, the mother will generally gain primary custody of the children in about 70% of divorce cases. Even still, fathers are gaining more custody rights; however, the courts do look at more than just the gender of the parent when deciding child custody.

When preparing for an impending divorce, it is important to get as much information to gain a better understanding of the processand all possibilities. To break the rights down to their bare basics, father’s have as much of a right to their child as the mother. There is no one-parent-is-better-than-the-other ruling, even if sometimes it may feel that way. There are a lot of nuances and circumstances that the courts will consider when it comes todetermining who will get custody of the children. read more at:http://www.cadivorce.com/news/fathers-and-children-determining-custody-arrangements/

CHILD CUSTODY ISSUES FOR DIVORCED FATHERS

Separated, divorced and biological fathers are confronted with a wide range of fathers custody issues.

In some cases, it might begin with establishing paternity of the child which can be done by asking the court to order testing.

If paternity is not in dispute, custody of the child or children is typically the next issue to be decided. Your custodial rights might mean that you have sole or joint physical custody of the children or that you have consistent visitation rights with them.

If neither parent has given up their legal rights, then child support issues arise. A financial evaluation by the court will determine whether child support payments are appropriate and how much they will be. Read more at: http://www.divorcedfathersrights.com/child-custody/

Thursday, April 25, 2013

Sunday, April 7, 2013

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Custody Rights

Visitation Rights

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