The law further states that the  non-custodial father should be afforded the right to be able to visit his children or be given a reasonable parenting time schedule. He has the legal right to receive the maximum visitation schedule with his children unless proven to be unfit to spend time with them. In cases where the mother interferes with the set visitation rights, the non-custodial father has the right to seek a legal order from the court to enforce the existing parenting time plan.

There is also a strong misconception as to who dictates the visitation schedule. Contrary to what most people believe, the custodial mother does not have the power to dictate when the non-custodial father can visit their children. In fact, you, as the father, can ask the court to establish the specific parenting times based on your request.

There are several types of visitation rights for fathers that you may need to know about. Aside from regular visitation, there are overnight visitation rights and the visitation rights for fathers who are out of state. So, which one personally applies to you? Read on to learn more about them:

Regular visitation. One of the most common visitation schedules is for the non-custodial parent to have the children every other weekend – typically from Friday night to Sunday night. The non-custodial parent can also have “Dinner Time” visitation with the kids one day per week from 5:00 PM to 9:00 PM.

Overnight visitation rights for fathers. This right is extended by the legal courts so you can maintain a close relationship with your children even if you were not given custody over them. As a rule, the court allows for overnight visitation in cases where the father is not close by or does not live in the same town.

Visitation Rights for Fathers Out of State. Depending on your particular state’s laws regarding visitation rights, you may be allowed to visit your children even without supervision, especially during fall and spring breaks, part of the Christmas vacation, and extended visitation during the summer vacation. Out of state visitation during Thanksgiving and Easter can also be arranged.

In addition to these, some states allow relocation for the parents with physical custody, be it the next town or even a different country all together. Changes in the pre-agreed visitation rights can be justified, especially in cases where the custodial parent made changes in his/her lifestyle which can be potentially harmful for the child.

Always remember – if ever you are faced with any sort of visitation dispute, consider engaging the expert assistance of child support attorneys. It’s always the best thing to do under the circumstances.

Admittedly, there are a lot of things you need to consider when you’re going through a divorce. But more than dividing your assets and properties, and settling other financial and legal matters, you also need to agree on who gets custody of the children and the amount of child support needed.

However, not all child support attorneys are created equal. There will always be the good, the bad, and the ugly among this lot. So, how can you choose one that will best protect your rights and interests, as well as those of your children? Here are some suggestions that you may find useful:

• Look for a lawyer with extensive experience in this area. To make sure your rights and interests, as well as those of your children, are well taken care of, look for a lawyer who has extensive experience in handling child support cases.

• Consider hiring the services of child support attorneys who have knowledge in the state where the case will be heard. More than having the necessary experience in child support cases, you must also seek the assistance of someone who is familiar with the laws in your state. Remember, divorce laws vary from one state to another. Having a lawyer who is familiar with the judges in his circuit will work best in your favour. For one, he knows how a particular judge will react to the facts presented in the case, and therefore will have the ability to avoid any major blunders that may annoy the judge.

• Choose one with the right “people skills”. What separates the best child custody lawyers from the rest? More than anything else, it is their genuine care and understanding for the children who are caught up in the midst of a divorce. These people know all too well that a long and bitter legal battle will only hurt all the parties concerned – both financially and emotionally, and will therefore try to make the divorce as smooth and as amicable as possible. For them, the welfare of the children always comes first.

• Ask around for recommendations. One of the most guaranteed ways to find the best child support attorneys is to ask around for recommendations. Do you have family members or friends who went through the same situation as the one you’re in to? You may just find their recommendations quite useful. Needless to say, it pays to do your research before choosing the child support attorneys who will represent your case.

While enlisting the assistance of the best child support attorneys will require you to do a little research before finally settling on one, your efforts will be definitely be rewarded in the end. Not only can you look forward to a more amicable divorce settlement, but you’ll be assured that your rights and interests, and those of your children, will be well taken care of.

Why stay in an unhappy, or even abusive, relationship? There are a lot of reasons why married couples do. Here are some of them:

Staying married “for the sake of the kids”. This is perhaps one of the most commonly used reasons that keeps unhappily married couples together. They believe that staying in the marriage and “sacrificing” their lives is the best thing to do. This kind of commitment is mostly observed from people whose parents have also been divorced. They somehow feel obligated to keep the marriage so their children won’t have to go through the same pain they were forced to face in the past. But remember, if you’re not happy in your marriage, your kids will feel it, and they will inevitably suffer as well – whether you get divorced or not.

Financial dependency. Most people who have been financially dependent on their partners, or those who don’t want to give up a particular lifestyle, wouldn’t consider divorce – even if the marriage is killing them slowly day by day. People who haven’t worked all their lives, especially those who have no apparent job skills, will equally be terrified enough to even think about divorce. For the spouse who is earning more money, staying married may seem like the lesser evil because the expense of supporting two households is more difficult.

Because “you promised”. While it is ideal to keep the vows you made on your wedding day, it cannot be denied that everything changes. People, life situations, and relationships change with time. That is one of life’s harsh realities that every one of us must face.

Staying in a marriage for all the wrong reasons is not healthy for you and for everyone else around you. Marriage should be about trust, true happiness, and mutual fulfilment. Take anything out of this equation and a marriage may not be worth it.

Yes, there is now a way to deal with divorce without involving any lawyers or attorneys – the “pro se divorce” or “do-it-yourself divorce”. With the pro se divorce, couples can file their divorce papers themselves and represent themselves in court, too. What’s good with this kind of divorce is that you won’t have to deal with all those legal fees and court costs which can be very expensive and you also get to decide what happens to you, your properties, and your children. However, not everyone is eligible to avail of this type of proceeding. The pro se divorce may only be done so under certain circumstances.

To be eligible for the pro se divorce, the divorce should be uncontested by both parties, and they should both be in agreement to file their divorce using this method. Both parties should mutually agree on things pertaining to their properties and their children, if there are any. Needless to say, they should be in agreement on how their properties will ultimately be divided.

If there are any aspects that the parties can’t seem to agree on, or if one partner is seeking for alimony, they’ll have no choice but to hire a mediator or a divorce lawyer to represent them in court.

Are there any disadvantages in opting for the pro se or do-it-yourself divorce? Well, yes, there are some. For one, you’ll be representing yourself in court without any legal help from a lawyer. As such, you’ll have to become familiar with all the legalities – your state divorce laws, your state’s Rules of Civil Procedure as well as your state’s Family Court Codes. You also need to be familiar with the rules being followed in your local county court. You should also be prepared to deal with the emotional aspect of the divorce.

The pro se divorce can be a logical choice for some, but it clearly isn’t for everyone. However, if you are intent on having it your way and your current situation allows you to avail of this kind of divorce, by all means, consider having it done this way.

However, here are some things you need to know about divorce. Hopefully, these facts will calm your fears as you face one of the greatest challenges of your married life:

• You don’t necessarily have to go to court. Contrary to what most people believe, only a handful of divorce cases actually end up with a court hearing. Most of the time, it is merely a “paper process”. Once the papers are filed, most cases don’t have to be defended in court.
• The law gives men and women equal rights. If you think the law favours women over men, think again. The law stipulates that either member of the couple may be required to pay maintenance to their partner if their partner is dependent on them for money. This applies to both men and women. If more men are required to pay for their ex-wife’s maintenance, it is because more men typically earn more than women. As for who gets the custody of the children, the court always put priority to the welfare of the children.
• There are no rewards or punishments when it comes to dividing your assets. While “past conduct” is listed as one of the criteria in deciding how to divide your assets, it normally isn’t meant to punish one partner for past bad behaviour or to reward another partner for being “good”. In dividing your assets, the court is more concerned about what you both need for your future lives. So, unless you have substantial savings, expect that you’ll both experience some financial troubles over the next few years.

I don’t need to tell you that going through a divorce is an expensive process. While you may qualify for legal aid if you belong to a low income group, you still need to pay it back if you get the money after the divorce.

Understand that when you are going through a divorce, you will be facing a long period of uncertainty. You will be on to a bumpy road ahead but you need to be strong. Brace yourself for any eventualities that may come up and remember that everything will be sorted out in the end.

So, how do you ensure your financial security when you’re heading for a divorce? Here are 5 important tips that can help you secure your assets in the best way you possibly can:

Gather information. Now is the time to gather all the information regarding your finances. Be sure to compile copies of your tax returns (complete with all the attachments), bank account and investment account statements, 401 (k) statements and pension plan statements. You should also look into your insurance policies, money market accounts, college plan statements, and loan agreements. And hey, don’t forget to check your bills and credit card statements, property appraisals for such items as jewelry and artwork, and your wife’s business records, too.

Needless to say, the more comprehensive the information you can provide, the easier your lawyer’s work will be, and the better your chances in protecting most of your assets will be. Remember, you can never plan and divide your assets if you are not certain of what you own.

Take control of your financial situation. To help ensure you achieve this, it’s best that you open a separate bank account for your paychecks. Think it’s not necessary? Well, think again. There are a lot of instances where the spouse grabs the last paycheck prior to the filing of the divorce papers. You wouldn’t want the same thing to happen to you too and leave you helpless for the time being, right?

Cancel joint credit cards. Prevent your wife from racking up a huge debt by cancelling any joint credit cards you may have in your names. Call it payback or whatever you wish to call it but it happens quite a lot these days. By having separate credit cards, you’ll get a clearer picture on where all the money is going and you can even use it to fight liability if your wife incurred unusually large debts during your marriage.

Look into the details of your insurance policies. Get to know all the kinds of insurance you and your family have.  This may be quite a lot and it can be a bit overwhelming to take note of all of these information at once, but take your time to sort it out. It’ll come in handy in the near future, you’ll see.

Ask for expert advice. If you’re preparing for a divorce and your tax returns at the same time, it may be wise to ask for expert advice. What changes need to be made? Will you be able to enjoy additional tax savings, or will you be facing liability should the returns be found deficient? Your accountant or a professional financial adviser can clearly enlighten you on these things.

While the divorce process may feel like an emotional roller coaster ride for all the parties concerned, custody proceedings can be gut-wrenching, to say the least. Considering that your relationship with your children is what’s at stake here, you will surely feel the pressure as your day in court comes nearer.

So, what do you need to do to increase your chances of getting custody of your children? Here are 4 tips that can help you get a favourable court decision:

Know the laws. Child custody statutes vary from one state to another. So, to get an idea of your chances of winning child custody, start learning the laws in your state. Remember, knowledge is power.

Hire the best lawyer (or court mediator) you could possibly afford. Getting the best person to represent your case is one of the wisest moves you can ever make. After all, your children’s future is at stake here. Look for someone who is considered an expert in this field and has an impressive success rate in winning child custody cases. And when you find him (or her), don’t hesitate to ask questions on what you can expect from the proceedings, as well as from a custody agreement.

Devise strategies and counter strategies. Now, here’s where it may get ugly, so better prepare for this. Learn to expect the strategies your wife’s lawyer may use against you, such as manipulating or bribing your children to turn against you. Yes, it’s a dirty trick but it works so watch out for it.

To defy any dirty tricks the opposing party may throw on you, work with your own lawyer and devise a counter strategy. Identify the key reasons why fathers are awarded the custody of their child and see if these apply to you.

Prepare for your day in court. Your appearance and attitude in court counts a lot. Needless to say, it can either make or break your case. So, dress appropriately and mind your manners. It pays to impress the courtroom and the judge.

Also be prepared to give a testimony and consider what may be asked of you. Some of the factors a judge may consider in deciding a custody case includes extra-marital relationships, the “friendly parent doctrine” (custody is given to the parent who is most likely to foster the child’s relationship with the other parent), the “psychological parent doctrine” (a child’s healthy development depends on a stable relationship with a caring adult), religion, and judicial bias, among others.

The extent of your preparation may determine whether or not you will get the custody of your children. So, better prepare for winning child custody like your life depends on it, for in some ways, it does.

What are fathers custody rights? These are the rights defined by law that determines the extent by which a father can hold custody of his children and make decisions that will serve their best interest. While custody was mostly awarded to the mothers during the earlier years, specifically during the mid 1970’s, this situation is slowly being reversed and more fathers are gaining custody of their children. In fact, according to the US Census Bureau Report, about 15% of custody rights were awarded to fathers in 2004. And this figure has been increasing ever since.

While child custody laws vary from one state to another, the court and the social services department has only one goal in mind – how to best serve the interest of the children. To make sure this goal is achieved, most courts will take the following points into consideration:

• Which parent is more mentally and physically equipped to raise the children?
• Who is in a better financial position to take care of the children’s needs?
• Who is the children’s primary caregiver?
• Who takes care of the children’s day to day activities, such as getting up and going to school?

Since you’re seeking for the custody of your children, you need to know that there are two types of child custody – physical custody and legal custody. While physical custody is in reference with whom the children gets to live with, legal custody refers to the right of the parents to make major decisions that may affect the children’s lives.

In the event that you are granted sole custody of your children, all the physical and legal rights lie on your shoulders. In joint custody, however, you and your ex-wife will share the right to make the important decisions for your children. You will both decide which school the children will attend, the medical treatments they will receive, and all of the things that may require parental consent.

If you can work out some sort of arrangement with your ex-wife that will allow you to achieve your custody rights, it will definitely be best for the kids. Otherwise, you may need to get legal representation to claim your rights.

However, please make sure that if and when you ask to exercise fathers custody rights over your children, you are doing so because you have your children’s best interest at heart, and not just because you want to get back at your ex-wife for all the pain and frustration she caused you.

My advice – consider what’s best for your children. They deserve it.

Needless to say, coping with divorce can be an excruciatingly painful process, especially if the marriage has lasted for several years. You may feel helpless, sad, angry and depressed during the entire divorce process, especially after all the papers have been signed. And then, after you’re through with this, there are custody and visitation rights to settle as well.

However, believe me when I say that no matter how painful it may be, this, too, shall come to pass.

There is life after divorce.

So, how do you get your life back? How do you pick up the pieces and finally move on with your life? Here are some suggestions to overcome the emotional baggage you’ve been carrying and start enjoying life all over again:

1. Don’t deny the fact that you are hurt. Divorce can be tough on anyone. You may experience a slew of negative feelings during the entire process and there’s a great possibility that you may eventually end up being emotionally drained. Don’t worry – it’s perfectly normal to feel that way. Just accept the fact and you’ll soon find that you can move on without hanging on to the pain that you’ve been through.
2. Look at the brighter side of life. Think about it – your divorce may provide you with more exciting and better opportunities in the future. It may give you that fresh start you’ve been waiting for all along. Always keep a positive mental attitude and good things will come your way.
3. Surround yourself with people you like. Choose the people you spend time with while going through the divorce process. You are very vulnerable during this stage and there’s the very real threat that you may fall for the wrong people, just because you needed someone to hold on to while the pain is at its worst. So, whenever you start a new relationship, romantic or otherwise, always ask yourself if you would like to spend your time with that person after your trying times are over.
4. Do things you enjoy the most. Moping over your past relationship wouldn’t do you any good. So, take time to do things you enjoy doing, or start doing things you’ve always wanted to try. This is a good therapy that can help calm your mind and soothe your frayed nerves as well.

There is indeed life after divorce. There is a light at the end of the proverbial tunnel. And coping with divorce can be a very challenging journey that may lead you to where you’ve always wanted to be, if only you’ll keep an open mind and a positive attitude along the way.

Take is S-L-O-W

Resist the urge to jump right back into it, without taking the time to put the old relationship to bed.   Try to understand why your old relationship failed, and what you want to do differently this time.  Try to understand why you choose certain people, and whether this is going to healthy for you going forward.

Consider Making the Online Jump

Sites like EHarmony and Match.com are common place now, and a lot of the stigma associated with online dating has gone away.  These sites help you sift through the clutter and time wasted with meeting people.  Their algorithms for matching people together are usually pretty good.  Give it a shot. Most have free trials and allow you to test their system for next to nothing.

Your Children (If Any)

Remember, your children are a part of you, and usually go where you go.  Its important that people you date understand the importance your children have to you.  Additionally, a sit down with your children is a very important thing to do in order to get them used to the idea of mommy or daddy dating again.  This is likely to cause anger, confusion and some fear.  Take the time to explain to them what is going on, and that your love for them won’t change.