8:25 pm
Fathers Get Custody of Their Children — Constitutionally Protected Rights
In answer to the question of whether fathers today are more likely to succeed in getting custody of their children when compared to 10 or more years ago, the answer for most is yes, they are. More divorced parents today enjoy joint custody, and more fathers are being designated as the primary residential parent. Leaving [...]
10:00 am
Paternity Matters – DNA Testing to Establish Paternity
Establishing paternity by DNA genetic testing can be very important. Maybe the father has an inheritable medical condition, making paternity establishment important for the care of the child. Once paternity is established, a child may be covered by the father’s medical insurance, or may be eligible to receive payment on a life insurance policy. In certain [...]
10:00 am
Paternity Matters – The Marital Presumption
We have a presumption under the law known as the marital presumption of paternity. This is a very strong presumption and, even today, can have serious consequences for spouses in divorce. The marital presumption comes to us through early English common law and is still very much with us today. Essentially, the law presumed that the [...]
3:30 pm
Paternity Matters – Rescission of Paternity Acknowledgment
In some cases, it may be that dad is not the biological father after all. Both mother and dad may have been “certain” that he was the biological father, yet both may be proved wrong with DNA genetic testing. Paternity acknowledgment. When a child is born to unmarried parents, then paternity may be established by [...]
7:48 pm
Restraining Orders, Part 1: Orders of Protection
Family law cases, divorce and child custody cases particularly, can be extremely emotional and a very turbulent time for the parties and their children. Reactions to divorce differ from one individual to the next. But too often those reactions include anger, frustration, anxiety, sadness and mild depression. Sometimes it takes great fortitude to go on [...]
7:47 pm
Fathers’ Parental Rights in Child Custody
A father seeking primary physical custody of his son or daughter must do more than establish that he is a fit parent. He must establish that he is the better parent, over and above the child’s mother, to act as his child’s custodian. In this role as primary caregiver, the question should be “which parent [...]
7:43 pm
When Divorce Is Inevitable, Prepare and Plan for What Is Ahead
Maybe you have reached a level of frustration so intolerable that you find yourself saying with certainty and conviction, “This marriage cannot go on, I’m finished with it.” Maybe you’ve tried and tried for the sake of your children to remain in an otherwise disastrous marriage. Maybe you’ve stayed in a loveless relationship too long, [...]
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