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What’s the Difference Between Legal and Physical Custody?

Thursday, February 23, 2017

The common perception of child custody is sometimes in conflict with legal definitions. Very often, people will describe the parent that lives with a child, most of the time, as having sole custody. And the parent that spends weekends, holidays, and summers with the child as having visitation. There is also this general idea that the parent the child lives with, most of the time, makes the major life decisions, such as schooling, medical, and religion. The legal reality is a bit different. Read More

What Happens When You Fail to Appear In Court

Thursday, February 16, 2017

Anytime that you are summoned to court and do not show up (no matter the reason), it is considered a failure to appear. You can get in just as much trouble (or more) by not showing up for your court date. You will face more fines, fees, and even a potential bench warrant. Read More

Family Law: Is Spousal Support Available If There are No Children?

Thursday, February 09, 2017

Your husband decides to walk out of the marriage, and he has the only income that kept your home running smoothly? Depending on the state you live in, and how long you were in the marriage, you may be eligible for spousal support although there are no children from the marriage. Read More

Family Law - Focusing On The Kids In Child Custody Matters

Friday, February 03, 2017

There is a plethora of advice available about how to handle child custody matters when divorcing. After reviewing some of the material, one author sums up the information as simply: put the kids first. How do you accomplish this? Here are a few tips. Read More

What to Do When Parent Alienation Interferes With Father's Rights

Friday, January 27, 2017

One of the toughest things divorced fathers have to deal with is parent alienation. When your ex-wife is alienating your children from you, it will undoubtedly cause heartbreak, anguish, and mental suffering. In addition, it can have a financial effect: According to California law, the mother’s income is only taken into child support calculations when you are visiting the child. This is particularly an issue when the mother earns a respectable living.

Parent alienation can come in several forms. It may just be that your ex-wife is preventing you from meeting the child by not agreeing to arrange transportation or something similar. If the other parent is ignoring father's rights laws and holding you back from meeting your child, you should contact a lawyer and bring the case to court.

The other parent may also be alienating the child mentally and emotionally. This may be through denigrating you in front of the child, calling you names, telling the child that you hate them, or saying that you don’t care about them and don’t want to see them. Eventually, most children will develop negative feelings towards you and not want to have anything to do with you. This is sometimes referred to as Parent Alienation Syndrome.

However, because this is not a medically recognized mental syndrome, it can be harder to prove that the other parent is causing the issue. When faced with such allegations, the court will usually order a psychological evaluation by a third-party. The problem is that this can drag out for a long time before the court takes any action -- and meanwhile, the alienation will just get worse.

The most important thing, in this case, is to push the court to take action sooner, rather than later. Contact a lawyer to get the court to take action as quickly as possible.

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Child Support & Child Support Arrearages: Advice For Fathers

Friday, January 20, 2017

Many fathers who are obligated to pay child support find themselves finding a significant number of tough issues, including the following: Read More

Family Law: Are You Facing Paternity And Child Support Issues?

Friday, January 13, 2017

There have been many family law cases involving paternity and child support. In many cases, it can be really difficult to establish paternity. There have been many cases of paternity fraud, and this can complicate things even more than they already are. Read More

Father's Rights and Dealing with False Allegations During Child Custody

Friday, January 06, 2017

False allegations are not uncommon in child custody cases, and more and more people are using them as a legal strategy rather than as providing protection. Moreover, false allegations are the most prevalent in child custody cases because, even if made without merit and baseless, they require examination. When your ex-spouse falsely accuses you of physical or emotional abuse toward your children, the allegation can catch you completely off guard. The good news is just an allegation is not enough to strip a father's rights to physical or legal custody of his children.

If you have been falsely accused of abuse as part of a child custody case, there are methods to protect yourself and your child.

1. Ask for Proof of Reporting

If there is an accusation of abuse, ask for copies of a police report, contact with Child Protective Services, photos, or other documentation. If there is no proof, the allegations are likely false.

2. Keep Your Cool 

When a person comes across as overly defensive or argumentative, it can actually make them look guilty. If the claims are unsubstantiated and without proof, all you need to do is calmly denying the allegations.

3. Collect Evidence 

If allegations are made against you, gather any evidence that will prove otherwise. Create a list of names, dates, and locations. Plus, gather receipts and photos. For example, if you can prove that you were at the mall at the time your ex-spouse claims the abuse occurred, you disproved her accusation.

4. Find a Qualified Attorney

It is very important to find an attorney who specializes in Divorce and Family Law, and has real-world experience dealing with fathers' rights and abuse allegations. Only expert legal council will properly protect your interests.

5. Foresee State Involvement 

If there is a claim of child neglect or abuse, it is not uncommon for there to be a child protective services investigation. In many cases, child protective services will swiftly and efficiently uncover the accusations as false.

What haven't we covered yet that is important to you? If you would like to talk about father's rights and dealing with false allegations during child custody, or need more information, please contact us.

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Fathers And Child Support Payments: Can Your Payments Be Modified?

Thursday, December 29, 2016

Child support is a legal obligation that can be paid by either the mother or the father, but mostly, fathers are the ones making child support payments because the majority of children are placed in the custody of their mothers.

There is a method that is used to calculate how much child support the father is responsible for paying. Children deserve to receive support from both parents, and it is important that children receive enough support.

Child support payments are not supposed to be used for the personal benefit of the parent who is receiving the child support, but unfortunately, some parents do not use child support payments to support the children.

When the courts calculate the child support amounts that are to be paid, there are several factors that are taken into consideration. Some of those factors are listed below:

  • The amount of time both parents have the children
  • School expenses
  • Cost of medical insurance
  • Cost of dental insurance
  • The income of the father and the mother

Sometimes fathers are given child support orders that they cannot always keep up with. If a father is not able to make child support payments, he should not stop making the payments that have been ordered. Modifying child support payments is possible, and the father should seek the assistance of the court if he can no longer make the child support payments.

If you find yourself facing child support issues, you should not take matters into your own hands. Contact us today for a consultation.

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Father's Rights: What You Should Know About Child Custody

Thursday, December 22, 2016

Here is a not-so-secret secret about father's rights and child custody in California: fathers do have equal rights without regard to if you were married to your child's mother. Many fathers just don't know that they have parental rights, which they can establish and enforce through the courts. However, there tends to be a lot of misinformation floating around. This article will help you if you choose to take the correct legal actions. Read More

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