Recent Blog Posts
Addressing Domestic Violence Toward Men in Divorce
While domestic violence is commonly thought of as a women's issue, many men also experience physical abuse in their marriages. Many men who are being physically abused at home do not fight back or call the police unless the abuse has escalated to life-threatening levels or the children are being harmed. Men may fear that the police will not take them seriously when they say that their wife is hitting them, or may have experienced ridicule upon trying to tell others about what is happening due to bias. This is especially true for men who are married to women who are significantly smaller than they are. When you have decided to leave your abusive marriage, the domestic violence you have been subjected to is likely to be relevant. You should always tell your divorce lawyer if you have experienced violence at the hands of your spouse.
Can a Father Get Custody of an Infant?
In certain cases, fathers can get primary or even full custody of even very young babies. However, fathers seeking more time with their infants than the mother is willing to agree to may need to overcome significant legal hurdles. Courts tend to favor keeping newborns or young babies together with their mothers unless there is an excellent reason to place the baby primarily with the father. You will likely need to show that your baby is not safe with the mother and would fare better being cared for by you. Fathers seeking primary custody of their infants need to be represented by an experienced child custody lawyer who is experienced in working with fathers.
Postpartum Mental Health and Emergency Custody Orders
Postpartum mental health disorders, such as postpartum psychosis or postpartum depression can come on suddenly and may be severe enough to warrant hospitalization. If your baby’s mother developed a postpartum mental illness, she may not be able to safely care for a newborn. Your attorney may be able to have your infant placed in your care on an emergency basis. However, these orders are often temporary, as postpartum mental health issues are generally very treatable. Your ex may recover and try to regain custody rights on a more permanent basis.
How to Get Sole Custody As a Dad
Sole custody arrangements are rare. Courts nearly always want children to maintain a relationship with both of their parents, even when that means ordering supervised visitation for a parent who may not be safe for the children to be alone with. Sole custody arrangements where the father is the custodial parent are even less common than situations where only the mother has custody.
However, it is possible for a father to gain sole custody under certain circumstances and with help from the right divorce and child custody lawyer. If you are hoping for sole custody, you will need to prove that having a continued relationship with your co-parent would not be in your child’s best interests.
Evidence is Everything When a Father Needs Exclusive Custody
Gathering evidence to show why your children would not benefit from a continued relationship with their mother is essential. No matter how reliable or trustworthy you have proven yourself to be, the court will very likely want to see strong evidence showing that the mother has been abusive towards the children or is otherwise unsafe for them to be around, even with supervision.
4 Tips to Keep Your Mind Healthy as a New Single Dad
Being a single dad is a challenging role that demands strength, patience, and resilience. While focusing on your children’s needs, it is vital to maintain your mental health. A family law lawyer can offer practical advice to help you stay mentally fit during this new chapter of your life.
Prioritize Self-Care
Self-care is not selfish; it is necessary. As a single dad, your well-being directly impacts your ability to care for your children. There is also a correlation between parents who struggle emotionally and a child’s mental health struggles. Here are some ways to prioritize self-care:
- Set aside time for physical exercise
- Maintain a balanced diet
- Ensure you get enough sleep
- Practice mindfulness or meditation
5 Ways to Make the Most of Summer Visitation Time
When parents live a significant distance from one another after a divorce, a dad with visitation rights may be given three weeks, six weeks, two months, or even longer during the summer months. While seeing your children for this length of time can be amazing, expect bumps along the way.
Older children may have summer camps or summer school that must be worked around. If you do not see your child regularly during the other months of the year, it can feel awkward on both sides. You may be unsure of what activities to plan, and reconnecting with your children can take some time.
Ideally, you and your ex will work together to schedule time in the summer months that works around everyone’s schedule. Courts generally agree with whatever the parents decide, so long as it is not detrimental to the children. The "best interests of the child" standard is nationwide, regardless of the state you live in. If you and your ex cannot agree, the court will intervene.
Legal Options When Your Ex Interferes with Parenting Time
Divorce is never easy, and when children are involved, it can become even more complicated. One of the most challenging situations a divorced parent can face is when an ex-partner interferes with court-ordered visitation rights. This not only causes emotional distress for the parent being denied access but can also have a profound impact on the children caught in the middle. If you find yourself in this situation, knowing your legal rights and the steps you can take to protect your relationship with your children is helpful.
What Makes a Situation a “Visitation Interference”?
Visitation interference occurs when one parent deliberately prevents the other from spending court-allocated time with the children. This can take many forms, such as:
- Consistently canceling or rescheduling visitations at the last minute
- Refusing to allow the children to leave for scheduled visits
- Making false allegations of abuse or neglect against the other parent
What to Do if You Are Falsely Accused of Abuse During Divorce
A YouGov poll in 2020 found that over 20 million Americans reported having been falsely accused of abuse. These allegations included domestic violence, child abuse, sexual assault, and other forms of abuse. The survey also revealed that:
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Females were reported to be the accusers in 62% of cases.
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Nearly a third of the time, these false allegations were made during a child custody dispute.
In other words, dads are disproportionately at risk of being falsely accused of abuse in a divorce.
Once such allegations are made, they are likely to upend your life until you can clear your name with the help of a skilled divorce attorney. Accusations of abuse can cost you child custody, fines, and/or jail time.
Besides hiring a great divorce attorney who fights passionately for fathers’ rights, here are a few things to do if you are falsely accused of abuse in a divorce.
What You Need to Know About Spousal Support in an Illinois Divorce
There are numerous financial concerns that will affect you during your divorce. You will need to divide the assets that you and your spouse own together, which may include money you have saved, various types of personal property, your family home, business interests, and retirement accounts. While the distribution of your marital property can have a substantial impact on the financial resources that will be available to you going forward, you may also need to address ongoing concerns about income and expenses. If either you or your spouse may struggle to maintain financial stability, you may need to determine whether spousal support will be appropriate.
Spousal support, which is also known as alimony or spousal maintenance, usually consists of ongoing payments made by one spouse to the other, although it may also take the form of a lump sum payment. This financial support is meant to address economic disparities between divorcing spouses. If you believe that you should receive spousal support, or if your spouse is asking you to make ongoing payments, you can work with an experienced attorney to navigate this issue and determine what arrangements will be fair.
My Ex Became a Party Mom. Can I Get Sole Custody?
One of the most difficult parts of divorce is adjusting to life after the marriage ends. It can be especially disorienting if you feel that you and your spouse are living in opposite realities. You might be grieving while your spouse’s Instagram shows she is out partying most nights.
It is normal for newly single fathers in such a situation to want sole custody. But child custody laws are fairly rigid and courts do not like to change custody arrangements unless there is a very compelling reason. A skilled family law attorney can help you understand when you would be able to obtain sole custody of your child.
First, however, you should be honest with yourself about why you want child custody.
Why Do You Want Child Custody?
This is one of the first questions an experienced attorney will ask you, and your case depends on the answer. If it is for any other reason than the child’s best interest, filing a custody petition with a court can backfire on you.
How Much Will Divorce Cost Me?
A major reason why men are sometimes hesitant about getting a divorce is the financial implications. While anyone who gets divorced will have to pay for legal representation and court fees, men generally end up paying spousal support and child support. Depending on their financial circumstances, men sometimes need to pay for their spouse’s attorney as well. In many cases, the father moves out of the house while the divorce is underway and finds a different place to stay until everything is settled, and often they keep covering mortgage payments or other home maintenance costs while also paying rent for their new home.
Some of the financial drawbacks of divorce are unavoidable, but a knowledgeable divorce lawyer will be able to advise you on various steps you can take to take care of your finances in a more optimal manner. Following them can make your divorce much more manageable. You should not have to feel stuck in an unhappy marriage for fear of the financial impact divorce could have. A knowledgeable divorce lawyer who has experience representing fathers in such cases can offer you specially tailored legal advice to guide you as you move forward.
