What rights does a father have after separation ?

When it comes to questions after a divorce, I believe this is the most common asked, so in this weeks blog I hope I answer all of your doubts related to this topic.

As a divorcing parents you should maintain a strength in the foundation of your children’s lives. Fighting over the kids is not the same as who gets the cars and proprieties, you should always treat them with love and as human beings not as properties or things.

First of all parents need a visitation schedule set, it should be very simple if both parents are in favor of such deal, does not have to have holidays and special dates just a set schedule of when the non custodial parent has the right to pick up children or visit them. The goal here is for children to have the same consistency with both parents and have a normal day with both, that way kids will not suffer so much the divorce.

Unmarried Couples
As a dad you will have parental responsibility if

  • Your name is on the birth Certificate
  • If you and your child sign a parental agreement
  • If you married the child’s mother.
  • Establish paternity in order to have access as father rights

However unmarried fathers tend to have less parental rights than if the couple was married, of course it will depend on the state that you live also. In some cases if the mother is a violent or any kind of aggressive with the child, than parental right to father will be all granted.

Not all cases give mother the whole parental rights, there are several cases which when the court state that the kid is better of with the father they will grant it to him, and not her, there are myths that courts always grants mothers the complete care however that is incorrect due to the fact that sometimes the mother is less caring than the father or with out a job and they give custody to the father.

Fight for what you deserve, you are the Father of that kid and you and them deserve to build memories with them and let them know they can also have a father figure in their life even when the mother is not wanting to, but by law you can. Do not be deterred by gender stereotypes or my thinking that the mother has more rights than you as a father.

 

 

 

 

 

Military: What is my Spouse entitled to once we get a Divorce?

Sometimes, couples (both military and civilian) that are going through a rough patch in their marriage choose to separate before pursuing a divorce. Military divorce, only a few differences such as; the process might take a little longer due to the fact that if one or the other are in separate deployed areas or one is home and the other away.

However the real question like mentioned above is, What will the other spouse entitled to once the process is over!  Here are some of the fact you might be aware of so it doesn’t take you by surprise.

  • In order for the military to grand your ex spouse a retirement found, you would had to be married 10 years or more and also served for the same amount in the military, that is also 10 years in service. The maximum amount of pension pay is 50%.
  • For the Base Privileges what is known as the 20/20/20 rule, you must have been married for at least 20 years, your ex was in the military for 20 years and your marriage was for at least 15 years overlapping with in the service years.
  • The act of asking for a divorce does not affect the privileges you had before going into a divorce.
  • Can continue getting health and dental insurance.

 

Having a Hearing?

My blog for the week will be as the head line states, what to do if you were to have a hearing. It doesn’t matter the court, state, or issue, you should follow this step to have a successful court event.

  1. If you don’t understand a question , please asked for it to be explained, do not answer until you fully understand the question.
  2. Be direct. If you don’t know an answer, say so. Do not be afraid to admit that you don’t know something.
  3. Take your time when answering questions. Give the question as much thought as you need to understand it and come up with your answer. Start with “yes” or “no” when answering. Then explain your answer if needed. Be respectful and courteous.
  4. Always address the judge as “Your Honor.” Do not interrupt. If something needs to be explained, wait until it is your turn to speak or ask to speak again.  
  5. Be sincere. Don’t be sarcastic or argue with the judge or the other side. Stay calm.   If you are stating dates, times and places, etc., be exact. If you cannot be exact, say that you are only estimating.  
  6. Speak clearly and distinctly, using words, phrases and terms that you understand. Keep your hands away from your mouth and speak loud enough so the judge can easily hear you.