Ranking the Greatest and Nastiest States for Alimony What You Should Know About Alimony Before Getting Married

Ranking the Greatest and Nastiest States for Alimony What You Should Know About Alimony Before Getting Married

Alimony may have had its place in divorce, but far too often it is like a punishment for men. In a world where women continue to gain more of a percentage of the workforce, the need for alimony continues to come under fire. Some think alimony has traditionally been used as a way to get men to stay in a marriage they possibly did not want anymore. Whether true or not, thankfully, many states are changing those medieval modes of thinking about spousal support!

The Greatest Alimony States for Men

Georgia:

Georgia has some of the best laws in the country in regards to knocking out alimony from the divorce equation. Sometimes you have to wonder if they named it the Peach State after their alimony laws.

While some alimony can be ordered, usually it is not. They keep trying to improve their laws related to alimony, but as with legislation, it is difficult to cover all contingencies, like this one related to trust protection exclusion related to alimony.

Additionally, if the spousal payee committed adultery, they are barred from alimony payments altogether.

Texas:

Texas is one of the hardest states to get alimony payments in the country. It often is just not awarded at all.

The only downside is that the Lone Star State is a community-property state. Wealthy breadwinners beware! Property gets split down the middle.

Nevada:

The land of quickie marriages and divorces!

While this might not be the place where you make your last stand with your ex in a long, drawn-out battle, it can go very well in short, somewhat amicable divorces.

Note: Nevada is also a community property state.

Alaska:

Alaska has a non-monetary contribution to the marriage where marital fault may also be considered. But, this could be a double-edge sword.

If your wife contributed to the marriage by raising the kids, then, maybe it’s not so good. Conversely, if she cheated, the alimony gets booted.

New Hampshire:

Like Nevada, New Hampshire has a quick divorce turnaround time. While this does not always help with the alimony, it does give a failed marriage finality, faster. Then, you can move on with your life.

New Hampshire doesn’t just look at the usual things (earnings, children, education, etc.) but also each spouse’s earning potential outside the marriage.

Fault weighs heavily there, too, as does each spouse’s contributions to their joint properties.

The thorough examination is based on need and not a predetermined formula that might unfairly hurt the paying spouse.

Alabama:

In Alabama, the paying partner’s economic conditions are considered and weighed against the other spouse’s financial needs.

Alimony is ordered on a time frame, and ends:

  • Upon the death of either the payer or recipient,
  • When the recipient remarries, or
  • If the recipient moves in with a new mate

Cohabitation is important because (as you will see below) it means the receiving spouse cannot get away with receiving alimony payments for years while living with a new partner.

Delaware:

Delaware has some factors judges use to determine whether alimony is paid, and for how long.

Alimony is awarded for half the length of a marriage in cases where the divorce comes less than 20 years after the wedding date.

After the 20-year mark, however, it can go on for life.

Kansas:

By far one of the simplest systems in the country!

Kansas says alimony can last for a maximum of 121 months after the divorce. But, the awardee can apply for, and be granted, an additional 121 months in payments. This only happens in rare cases, though.

Tennessee:

Tennessee is committed to rehabilitative spousal support.They encourage job training and education.

That doesn’t mean judges will not order alimony to provide long-term support. It just means that spouses cannot receive money without genuine need.

Utah:

Alimony awards ordered not to exceed the length of the marriage. Also, they stop spousal support upon cohabitation and remarriage. What guy wants to pay an ex to live with some new guy?

The Worst Alimony States for Men

California:

While California was the first state to offer no-fault divorces, they are also one of the most expensive states in the country when it comes to court-ordered support after divorce.

Randall M. Kessler, chairman of the American Bar Association’s Section on Family Law, told Alan Farnham of ABC News,

“Child support in California is typically 10 times what it is…in Georgia or Nevada.”

For that reason alone, California, you made it onto the list of nastiest states for alimony in the country.

New Mexico:

This state’s laws allow scorned spouses to bring suit against their former partner’s new lover.

Talk about holding a grudge!

Mississippi:

Meet the second state to coddle grudge holders! Hell hath no wrath like legislators in New Mexico andMississippi!

Here, too, a scorned partner can legally sue their former spouse’s new lover for damages. Potentially, a non-guilty party can be held responsible for someone else’s failed marriage. Love to meet the jilted lover who created that law!

New York:

New York is one of the slowest states to reform their alimony laws. They held out on legalizing no-fault divorces until 2010. The delay cost litigants thousands of dollars in wasted fees.

That is the heart of the matter. New York has not made it easy for men seeking divorce to move on with their lives.

Colorado:

Colorado does not care if one or the other party to divorce can adequately support themselves.

Instead, they use a formula they call “temporary.” It takes 40% of the higher income deducted by 50% of the lower income. It is not based on financial reality. This “temporary” formula often becomes the long-term, more permanent formula.

Furthermore, Colorado is a community-property state. That means all property is divided equally. So, you could lose half of your property and assets. And then, still pay out 40% of your income.

Imagine getting divorced three times!? Does that mean you owe 120% of your income to your ex?

Florida:

The best way to sum up Florida’s messed up alimony policies is through the story of Debbie Israel.

The 47-year-old college math teacher from Miami refuses to marry her fiancé because of the state’s alimony for life laws. Once they get married, she will have to give a percentage of her wages to her would-be husband’s ex-wife as part of his household, permanently.

Yep, this makes Florida one of the nastiest states for alimony in the country.

West Virginia:

They almost didn’t make the nasty list. Their laws regarding marital misconduct ensure no adulterer, convicted felon, or spouse deserter gets awarded alimony.

But they do allow for the ordering of permanent spousal support. Were it not for that, they’d be on the nice list.

New Jersey:

The Garden State probably represents a lot of disheartening news for many spouses. They’re one of the last remaining states where permanent alimony is a possibility. While the system is equitable, permanent is not a sound way to set up alimony for couples who were only together for a few years.

Vermont & Connecticut:

I know I’m going all broken record here, but the thought of paying alimony in perpetuity stinks! It is with that thought in mind that I welcome Vermont and Connecticut to the list of nastiest states for alimony.

They round out the list of the worst 10 for that particular reason.

Final Thoughts

Residing in the right state is not a Get out of Jail Free, alimony card. However, it can significantly reduce your expenses over time.

While many of us can’t just pack up and move to a different state whenever we want, even if for more favorable alimony environment, we can have influence over the working situation in our home. The key reason for alimony across the country is to provide support while a non-working spouse re-enters the workforce. If both spouses work throughout the marriage, or definitely the years before the divorce, the alimony claims reduce significantly.

Alimony laws in this country ultimately vary from state to state. Pay attention (Now!) to the laws in your state before you get married. Make sure you will not get the screw when (and if) you divorce.

Make sure you’re with someone with whom you want to spend your life. Being sure is a much better alternative to being sorry.

How did your state shape up? Let us know your thoughts in the comment section below.

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Losing Your Child To Parental Kidnapping Protect Yourself; Protect Your Child

Losing Your Child To Parental Kidnapping Protect Yourself; Protect Your Child

Most people believe strangers are responsible for the majority of childhood abductions, but national statistics say parental kidnapping is more often to blame. A family abduction occurs when a family member, likely a separated or divorced parent, takes and hides a child for some length of time. This heartbreaking and devastating crime occurs more than 200,000 times each year.

Childhood kidnapping is usually driven out of anger, frustration, abandonment and desperation. Often, emotions overwhelm personal judgment and sound reasoning. And in custody disputes, this often leads to one parent losing their child to parental kidnapping.

Often cited reasons for parental abduction include:

  • Forced interaction or a reconciliation with the parent left-behind
  • Spite or punishment against the other parent
  • Fear of losing custody or visitation rights with the child
  • Protecting the child from the other parent who is perceived to molest, abuse, or neglect the child

Are You at Risk of Losing Your Child to Parental Kidnapping?

There are often subtle and obvious warning signs of a pending abduction. The most common signals your child may be in danger of parental kidnapping include:

  1. Threatened abduction or attempted abduction in the past
  2. Suspected abuse supported by family and friends
  3. Paranoid delusion or severely sociopathic behavior
  4. Your spouse/ex has alien citizenship (in a foreign country) and may potentially flee the US
  5. Your spouse/ex feels alienated from or fears the legal system, and has family or social support in another community or abroad
  6. Your spouse/ex has no strong ties to your child’s home state
  7. Your spouse/ex has no job or is not financially tied to the area
  8. Your spouse/ex is planning to quit a job, sell a home, or close bank accounts
  9.  Your spouse/ex applies for passports, or obtains copies of school or medical records

Pay close attention to these any and all of these potential signs and contact the family court and/or your attorney for assistance. Any direct threat of parental kidnapping must be taken seriously. The family court and law enforcement authorities should be contacted immediately if you feel your child is in grave danger.

Parental Kidnapping is a Serious Crime

Both parents are entitled to equal rights and access to a child unless an order specifically limits one parent’s rights or access to their child. Before a divorce or child custody suit is filed, either parent can take their child and maintain custody of them.

Once a custody order is in place, each parent must abide by it. If a parent without legal custody of their child violates a custody order and snatches or conceals a child, they may be potentially charged with parental kidnapping.

The taking of a child is considered kidnapping by looking at three main factors:

  • The legal status of the offending parent
  • Any existing court orders regarding custody
  • The intent of the abducting parent

Parental abduction often violates many federal and state laws, and if parental abduction occurs, contact law enforcement immediately. As enraged as you may be, don’t take the law into your own hands. Let experienced officers use the justice system to help you locate and bring home your child. You should also contact your family law attorney, and if the where abouts of your child are unknown, consider hiring a private investigator to locate your child and to focus dedicated resources on the case.

State Kidnapping Laws

Laws vary by state, but generally parental kidnapping involves a suspect abducting a child and holding them in a location they won’t likely be found. Some states laws maintain a parent cannot keep a child more than 24 hours with the intent to conceal them. In some states, just the unlawful retention of a child is sufficient for a charge of parental kidnapping; the use of force or a weapon is not required in all states to support the criminal charge of parental kidnapping. However, many state also include a defense for any parent attempting to protect their child from real threats.

Preventing Family Abductions

Custody battles are frustrating and can be infuriating, and child abductions are not uncommon. To keep your children safe, consider following these recommendations:

  • Start any child custody process immediately upon learning of your impending separation/divorce (as you need a custody order to prove your rights)
  • Impose visitation restrictions, such as supervised visits, if there is imminent danger of parental abduction
  • Include parental kidnapping prevention measures in the custody order such as having both parents post bonds. This will serve as a deterrent, and if the child is abducted by your spouse/ex, the money helps you with costs of recovery. For further information visit the Professional Bail Agents of the United States at www.pbus.com.
  • Maintain a certified copy of the custody order at your home.
  • Document any abduction threats and report them immediately to your family court and/or attorney.
  • Contact the police to intervene and alert your spouse/ex of the consequences of child abduction.
  • File certified copies of your child’s custody order with their schools, healthcare providers, daycare, sitters, etc. Make sure it’s known not to release your child to the non-custodial parent without your permission and demand to be notified if an attempt is made.
  • Keep a record of all physical descriptive information on your child and your spouse/ex, including height and weight, hair and eye color and any distinguishing marks, and maintain current photos (6 months). List social security numbers, license plate numbers, vehicle information, and other identifiable data.
  • Obtain a passport for your child, and let authorities know your child cannot leave the country without your written authorization – see the U.S. Department of State for more information.

Although it may be difficult to do, maintaining a friendly connection to the your spouse’s/ex’s family may be beneficial. It could help you avoid the trauma of family abduction, and in the event of a kidnapping, you may need their support to bring your child home safely.

What Else You Can Do

Keeping your children safe also requires open communication between you and your child. Ensure your children know as much information as possible including their full name, your full name, and full addresses and phone numbers. Make sure they know how and when to call you, and how and when to contact 911 services.

Most of all, make sure your child feels loved. Convey a message – without mentioning, or accusing the your spouse/ex of being a potential threat, and that you will always love them, look out for them and will do anything and everything to be with them.

Losing your child to parent kidnapping is gut wrenching and heartbreaking not only for you but also for your child. Fortunately, laws exist to help you get your children back. Should you ever lose your child due to parental kidnapping, turn to the criminal justice system and law enforcement for help.

Should you have any questions specific to your child custody or visitation case, or if you would like help enforcing a child custody order, contact a divorce attorney or a Father’s Rights attorney in your area for help.

Resources:

Photo Credit: Canstockphoto.com 

Fathers’ Rights When Dad’s Released from Jail

Fathers’ Rights When Dad’s Released from Jail

How to Start Getting Your Life Back

When most people think of prison, parenthood, much less fathers’ rights, is not something that comes to mind. Yet, there are 2.7 million children in this country with a parent in prison or jail.

The overwhelming majority of incarcerated parents, ninety-five percent, are fathers. Many of these dads are not new to the prison system; in fact, 2 out of 3 inmates re-offend after their release and end up back inside.

It is not surprising that incarcerated dads are usually fatherless themselves when you consider that growing up in a fatherless household dramatically increases a child’s odds of ending up in prison. If dads in prison want to give their children a better chance at a more promising future than they had, it is critical that they reintegrate into society and their children’s lives in a way that is functional and healthy. The problems many dads face in integration include a lack of parenting skills, decreased self-confidence, barriers to jobs and housing, lack of education, and discrimination based on their status as ex-convicts.

While reentry into society may not be an easy road, dads returning into their children’s lives must make an effort on three critical fronts: finding a place to live, getting a job, and being a positive influence in their children’s lives. Unfortunately, once prisoners leave the highly structured life of prison, there are few resources to help them start over.

Housing

Very few dads are returning to a loving family when released. They usually lack the money to rent a place, and if they do have money for first and last month’s rent plus security deposit, they are likely to find their applications repeatedly turned down after landlords run a background check. Homeless shelters and the streets may be the only place to turn. Newly released dads find it nearly impossible to secure a job without a place of residence, making finding housing a critical step for establishing themselves.

How to search for housing

  1. Start by contacting churches, religious organizations, non-profit groups and government agencies in your area that offer housing for those in need and those that specifically help newly released prisoners. These include temporary housing, half-way houses, shelters, and low-income housing. There are organizations such as Delancey Street, which offer housing for ex-convicts who need to take the first step to getting back on their feet.
  2. Check out the National Reentry Resource Center (NRRC), an organization dedicated to helping those that have been incarcerated and their families find local reentry services.
  3. Follow up with phone calls. Find out if there are any openings and ask what rules or requirements they may have.
  4. Choose the ones that seem to offer the most suitable solutions and make appointments for an on-site tour. Bring a notebook to write down what is needed to get started in case you find a good place and want to move forward in applying for housing.

Finding a Job

The U.S. Department of Labor Resources for Ex-offenders is a good place to begin. The site is easy to navigate even with limited internet skills. Click on the Get Started Guide, and it will walk you through finding what you need. It covers everything from Finding State Resources for your state, to figuring out how to start the job hunt, getting your GED or job training, exploring possible careers, and tips for putting together a resume. Unsure how to get references, find job listings or bring up your conviction in your job interview? The guide covers all these topics, and more.

Organizations such as Goodwill, and agencies like the State Employment Offices, offer job programs to get ex-offenders back into the workforce.

Reuniting with Your Children

Coming back home is not only an adjustment for dad, but it is also a big change for kids, too. There are a few tips to make reuniting after an extended absence go more smoothly. With some effort, fathers can reestablish themselves in their kids’ lives while minimizing the stress it puts upon kids who may not be sure how to react to the new normal.

  1. Talk to your kids about how happy you are to be a part of their lives again and how you missed them. Try to keep from making too many promises up front, let the trust build as they see, over time, that you are back for good this time.
  2. Ease them into your return by praising them for staying strong and helping out when you were away. Let them know you are proud of them.
  3. Be patient if they act out or seem unsure how to behave. Children and adolescents are less experienced dealing with emotions and change and may respond with negative behavior. Try to avoid reprimanding them for every little thing. Give them some space to make a few mistakes and to figure out how to respond to dad being back in their lives. They will eventually sort things out and begin to become more confident that you are not going to abandon them again.
  4. Try to avoid power struggles. This will put you and your kids in an adversarial relationship, and you want to try to become a family again, not become mired in conflict.
  5. Ask them about school, their lives and the things that matter to them. They may be anxious or unsure at first, so let them express themselves without judgment. Once they become comfortable and more confident, they will open up to you more. The key is not to force anything. Let them come to you at their own pace.

Reentry Services by State

Need an easy place to start looking for services in your area that help those recently incarcerated get into housing, find jobs, access family services, and more? Click on your state on the Reentry Services Directory Map.

Fathers’ Rights After Release

Fathers rights as they pertain to housing, employment, and reunification with their children vary by state. There are some federal laws, such as The Fair Housing Act which provides legal protection to ex-offenders across the country. The Fair Housing Act makes it illegal for landlords to ban all ex-convicts from renting. However, there are exceptions to the regulation, for example, if you are a registered sex offender you can be banned from living within a designated proximity to a school. To complicate the issue, some savvy landlords will blame your rejected application on something other than your criminal record to get around the law. If you feel you may have been discriminated against, contact an attorney for help or file a complaint online.

Fathers rights when it comes to employment and reunification can be complex and vary by the offense you served time for and by the particulars of your custody case. You may have to put in considerable time to research the laws that apply to your case or seek legal counsel for help. Don’t get discouraged; there is help out here if you are willing to put in the effort to find it and to follow through. Your kids are counting on you. Let them be the motivation you need to make a better way for your future, and theirs.


(c) Can Stock Photo / dabjola

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Fathers Rights When Dad’s Incarcerated How to Stay Connected with Your Kids

Fathers Rights When Dad’s Incarcerated How to Stay Connected with Your Kids

Fathers Rights advocates understand that a man who is incarcerated does not bear the weight of his punishment alone. His family—especially those most dependent and vulnerable, his children—also suffer. Kids of imprisoned fathers face well documented adverse effects. Having a dad in jail or prison puts his kids at higher risk to experience poverty, suffer from addiction, or end up behind bars themselves. These children often live with trauma, shame, social stigmatization, guilt, and financial hardship. As if the picture is not bleak enough, incarceration leads to generational institutionalization. Growing up fatherless is the number one predictor of criminal behavior in a child’s future. In fact, most dads in prison are fatherless. It’s a tragic cycle.

This is not just a family problem. With 1.5 million kids in this country separated from their fathers as a result of state or federal incarceration, it is a societal issue. Add inmates imprisoned in jails, and the number jumps to 1 out of 28 U.S. children. And the problem is growing. The number of children with a father in prison has skyrocketed by 79% since 1991. To help these children, we all have a stake in helping these fathers. In fact, dads who have a relationship with their kids are less likely to re-offend. That’s a huge benefit to these children, who are our country’s future, and to society as a whole, since two-thirds of prisoners end up committing crimes which land them back in prison within three years of their release. 

Barriers to Parenthood in Prison

As an incarcerated father, you face unique parenting challenges. It can be difficult to see your children if you are imprisoned. There may be no one willing to bring your children to visit you. If you lack the means to pay support, it can affect your kids and your custody rights once you get out, and simple communication via phone and mail can be unaffordable while inside. Private phone companies are making a killing exploiting those who have the least money to pay, holding their relationships with their loved-ones hostage for up to $24.95 for a fifteen minute, in-state phone conversation.

Free, in-person visits are the newest area targeted by private companies for profit. There is a trend to replace in-person connection with video visitation technology that charges up to $1.50 a minute for low quality, offsite video conferencing.

Distance presents another hurdle for fathers behind bars. Proximity to family members is not always taken into account in determining where a prisoner will be sent to serve his time. Fathers rights take a back seat to considerations of overcrowding and other issues. As the distance loved ones must traverse to visit incarcerated family members increases, the likelihood of getting a visit, and the number of visits, decreases.

What are Fathers Rights in Prison?

From the inside, it can be difficult to find information on fathers’ rights or to access legal resources. The feeling of powerlessness and the struggle to stay in touch add to the strain of prison life for dads that are serving time. It may not be easy, but it is vital to stay in touch with your children, for their benefit as well as for yours. Children who have a relationship with their father have a better shot at a brighter future, and inmates who maintain healthy relationships with their loved ones are less likely to return to prison.

Tips for Protecting Fathers Rights While Incarcerated

1. Maintain Visitation

If your children are unable to visit because of financial hardship, distance, or other reasons, then keep in touch by phone. Lack of interest can be used as grounds to terminate a fathers’ rights and clear the path for adoption by your ex’s new husband, by your child’s caregivers, or the foster parents.

The onus is on you, as a father, to research and know the laws of your state. Seek legal counsel if necessary. Time is one resource that is abundant in prison; invest it wisely into nurturing meaningful contact with your kids and educating yourself on how your state’s laws function.

2. Document your Progress

Make a record of the positive steps you have taken while in prison to be a good father and to prepare yourself for success once you get out. Upon your release, you will have to prove to the judge that you can safely care for your kids. These records will show your efforts to visit and contact your children, as well as classes and certifications you have earned from rehabilitation programs. Be detailed; write down the time and date of everything you do for your child. A documented list of your interactions with your kids and others involved in their care will go a long way in convincing a judge you are serious about being a good parent. 

How to make a record:

  • Use a notebook or piece of paper to keep track of all visits and calls with your child and anyone connected to your case. Be sure to write down the date and time. Add any additional notes you feel were important to remember about the call or meeting.
  • Include calls and visits from your child, your child’s caregiver, your lawyer and the social worker.
  • Write down dates of letters or pictures you send your child and keep a copy.
  • Attend programs and meetings offered by your institution. Keep a record of these and any copies of certificates of completion. Some detention facilities offer classes on parenting, be sure to attend these if offered. Do not only take classes or participate in programs that are mandatory; take the initiative by taking advantage of resources that are voluntary.
  • Ask the teachers and counselors of any programs you complete if they can write a letter about your performance.

Tips to stay actively involved in your child’s life:

  • Ask about their education. Ask to see report cards, inquire about their favorite classes and any challenges they may be having.
  • Be supportive and understanding of their daily achievements and struggles.
  • Stay focused on your kids and their needs. Try not to add to their burden by placing your problems or issues on them. Keep visits positive, so your children leave with a good feeling.
  • Be patient and let the relationship grow slowly and steadily. Trying to force things will likely have the opposite effect of making your child more closed off and resistant. Nurturing a relationship takes time.

3. Stay on Top of Child Support

Father’s rights, when incarcerated with a Child Support Order, vary by state, but whichever jurisdiction your judgment falls under, you must be informed to avoid the risk of leaving prison with a mountain of debt. On average, an incarcerated parent with a Child Support Order can potentially leave prison with nearly $20,000 in child support debt, having entered detention with around half that amount owed.

Laws regarding Child Support and incarceration:

Whether incarcerated or not, a material and substantial change in circumstances is required to modify child support orders in most states. Two situations that may be treated as a material and substantial change in circumstances are incarceration and unemployment. State policies regarding modification of child support during incarceration vary and depend on a number of factors.

A significant reduction in income due to a job loss or job change is generally considered a material and substantial change for modifying child support if the job loss or reduction in earnings was involuntary (usually meaning you were fired or laid off). If a parent tries to avoid child support payments by voluntarily losing their job (such as quitting work or refusing to work), it is not considered a material and substantial change of circumstances and would not qualify for modifying child support.  

Currently, there is a federal rule in place that makes it illegal for state child support programs to treat incarceration as voluntary unemployment, which means you can request a modification of your child support to take into account that you are no longer able to work in the same capacity you did on the outside.

Be aware: most states require you to be proactive in making that request. You must familiarize yourself with the process to file a modification and to do so within the mandated time limit. In a couple of states, the responsibility is not on the incarcerated father to file, but these are the rare exceptions. Recent California law requires the Child Support Order to be automatically suspended in the cases of incarceration or involuntarily institutionalized. Vermont and Wisconsin allow the child support agency to file a motion to modify the Child Support Orders on behalf of those fathers that are incarcerated. The key is to seek legal counsel or do your research, so you are informed. The burden of filing falls on the father.

The consequences of falling behind on child support are not merely added debt. Non-payment can be used against you in custody judgments and can result in revocation of privileges once you are released, such as an industry licenses, business licenses or your driver’s license.

To find out the laws that apply to your case, check the federal Office of Child Support Enforcement State-by-State-How to Change a Child Support Order page and the Modification Laws and Policies for Incarcerated Noncustodial Parents facts sheet.

4. Access Free Resources

Here are a few online resources for information, support and more.

The Prison Fellowship offers resources that tackle everything from how to avoid “visiting room sabotage” to offering interactive activities for visiting day.

The National Resource Center on Children and Families of the Incarcerated is “the oldest and largest organization in the U.S. focused on children and families of the incarcerated and programs that serve them.”

For fathers of young children, Sesame Street offers a wonderful Incarceration Toolkit that uses the characters in the show to introduce the idea of a father’s incarceration to young kids in an entertaining way that they can understand.

When fathers rights are used to promote a healthy, ongoing relationship with their children, we all profit as a society. Benefits include a reduction in recidivism for incarcerated dads, a more promising future for their children, a decrease in taxpayer-funded detention facilities, and healthier communities for us all. All that is needed to break the cycle of the damaging effects of fatherlessness is for fathers to assert their legal rights to pursue positive father-child involvement.


(c) Can Stock Photo / fuzzbones

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Deciding Who Gets Primary Custody Fathers Rights Divorce Advice for Dads

Deciding Who Gets Primary Custody Fathers Rights Divorce Advice for Dads

There was a time when family court judges automatically ruled in favor of the mother. While vestiges of this default primary custody bias may still be felt in some areas of the country, the tide is turning. More and more, courts of law no longer presume that mothers are more fit parents than fathers. In fact, the odds of a dad being able to prove that the child’s best bet for a full, safe and healthy life is for him to be the custodial parent is higher than ever. There are even states that have passed laws indicating that mothers will not be given preferential treatment in custodial disputes. 

While times are changing, the reality is still that mothers are more likely to get custody of minor children. As a divorcing dad, your best bet in a custody hearing is to know some of the factors that judges commonly consider in making decisions. There are also steps you can take to outline why you are the better parent.

Factors in Awarding Custody 

The first factor the courts look at is which parent is the primary caregiver. The term “primary caregiver” essentially refers to the parent who is best able to meet the child’s needs, who accepts the most parental responsibility and who has a history of primarily cared for the child. Which parent meets the child’s most basic needs? Who handles the feeding, doctor appointments, bedtime stories and bath time fun. Historically, women, even when they work full-time, are much more likely to take on the primary caregiver roles. So start taking on as many of these tasks as you’re able. The court will take into account your history of performing such tasks.

The second factor is the parent-child bond. What is your relationship with your child? Does your child miss you when you’re away? Have you spent time building a relationship with him or her.

They younger the child is the more strong the mother-child bond may be. This does not negate your effectiveness as a father, but it’s a result of more traditional parenting roles. Because mothers are conventionally the parent that primarily cares for the child from infancy to preschool, the closeness that develops is a different sort of bond than the one that is created between father and child. The more involved you have been in the rearing of a young child, the closer your overall bond will be.

In a lot of jurisdictions, many courts presume that kids will be kept emotionally whole and healthy by having a meaningful relationship with both parents. One of the primary factors taken under consideration is which parent is more likely to foster a healthy relationship between the children and the other parent. Any parent who has attempted to commit parental alienation — such as poisoning the child against the other parent, or refusing access to the child — will not fare well in any family court. And there are other extenuating circumstances, such as allegations of child abuse and instances of domestic violence, of course.

Try To Get Along With Your Ex 

If there is any way that you can maintain a civil or even amiable relationship with your ex, it can only help your custody and visitation chances. Maintaining this type of relationship, especially in front of your children, will only help them in the long run. It’s a well-documented fact that kids who come from divorced homes fare much better if they are not used as weapons of manipulation. Allow your kids to maintain a positive, healthy relationship with both parents. Speak only positively of your ex. Not only will it help you in court, but it really is what’s best for your children.

Consider a Fathers Rights Attorney 

If you’re hoping to be the custodial parent of your child, the best course of action is to first consult a family law attorney with experience in Fathers Rights. Because laws differ from state to state and family courts can be as unpredictable as the judges who preside over them, your attorney’s insight can become the most valuable tool you have at your disposal. He or she will have some insight into how certain judges will react in any given situation, and how they may lean in custody disputes. They can help you to build the strongest case possible.

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5 Important Facts About Parental Kidnapping How to Act Quickly and Tactically

5 Important Facts About Parental Kidnapping How to Act Quickly and Tactically

What is a parent’s worst nightmare? Just about every parent will agree the most terrifying scenario possible is your child is abducted. The horror of  parental kidnapping, your child missing without any idea where they are, if they are safe, or if you will ever see them again is almost unimaginable. The anguish of being separated from your child is intensified by the torture of not knowing.

Most abducted children are taken by a family member

While all parents understand the fear of child abduction, many don’t realize that most kidnappings in the United States are not perpetrated by strangers. Kidnapping by a relative referred to as “family kidnapping,” accounts for forty-nine percent of all abductions. Family kidnapping is usually committed by parents, and overwhelmingly by female family members (forty-three percent). According to the Justice Department, approximately 155,800 children are kidnapped in “serious” parental abductions every year. These cases vary widely. Some parents abscond with their kids across state lines. Others take their children and leave the country. (Parents Magazine, 2017) (Washington Post, 2017)

Parental kidnapping and the Law

The federal Parental Kidnapping Prevention Act outlaws parental abduction across all states by applying the Full Faith and Credit Clause of the U.S. Constitution to all child-custody cases. This means that while custody laws vary by state, custody decisions made in one state’s court must be upheld in all other states. This law ensures you are protected by the terms of your custody agreement even if your ex-wife leaves your state.

Parental Abduction is against state law in every U.S. state, in addition to violating federal law. Parental kidnapping is when one parent takes, withholds, or conceals his or her child(ren) in defiance of a court-mandated custody order. This can apply to both visitation and custody rights.

When a parent abducts a child, or children, to circumvent a custody battle or decision, the law is less clear. Some states do not recognize one parent leaving with a child, or children, as a criminal act if no formal custody order is in place and the parents are not living together. However, many states have mandated the abduction of a child across state lines by a parent as a crime, even without a custody order. It is therefore critical to seek professional legal advice, or do your research, to determine how the law in your state applies to parental kidnapping if you and your ex-wife do not have a court-sanctioned custody agreement.

Legal Consequences

If your ex-wife absconds with your child in violation of your custody order hefty fines, jail time, loss of custody, loss of visitation and termination of parental rights are all potential legal judgments. Additional legal penalties for crossing state lines can also be weighed. If she flees the country, then things become less clear. Some countries participate in international treaties, such as The Hague Convention on International Child Abduction, and will cooperate with U.S. law enforcement to try and recover your missing children.

Countries with no existing international agreements pose a greater difficulty. If you suspect or know, your ex has left the country with your kid(s), contact an attorney specializing in international custody disputes that can help you leverage political pressure and international resources for the safe return of your family.

Five Important Facts about Parental Kidnapping

If your ex-wife refuses to show up with your child for visitation or shared custody, she is violating your custody order. While a mix of intense emotions will surely overcome you as you realize she is withholding your child and may have left the area, state, or country; the key to a positive outcome is to keep your composure so you can act quickly and strategically.

The sooner you act, the better your chances of getting your kids home as soon as possible. Knowledge is power and armed with these five facts you stand a much better chance at dealing with parental abduction in a way that will lead to the safe recovery of your children.

1. Know your Rights

Law enforcement may try to get you to wait and see if your ex returns with your child before taking action. Some officers are inclined to treat a parental abduction as a family dispute and not a crime. It is not unheard of for the police to put off taking a report or initiating an investigation. They may try to convince you to wait until your ex-wife transports your child to another state.

While patience may be a virtue in many situations, this is not one of those! If you are asked to wait, advise the officer you are aware the 1990 National Child Search and Assistance Act prohibits law enforcement agencies from creating waiting periods before accepting a missing-child report, regardless of custody status, and that The International Parental Kidnapping Crime Act of 1993 and the Uniform Child Abduction Prevention Act of 2006 all require they act immediately.

2. Know which Agencies to Contact

There are a number of resources to help you recover your kids. While your first instinct may be to hunt down your family yourself, your best bet is to enlist the expertise of professional agencies. Get ahold of them immediately. Timing is critical.

  1. The Center for Missing and Exploited Children http://www.missingkids.org/theissues/familyabduction (This is the organization that issues Amber Alerts)
  2. The FBI (your local field office): https://www.fbi.gov/contact-us/field-offices. The nearest FBI International office: https://www.fbi.gov/contact-us/legal-attache-offices
  1. IF your child is taken out of the country, you can contact the U.S. State Department International Parental Child Abduction.

3. File a Complaint for Contempt

If your ex-wife is returning your kids late, missing some visitations, or otherwise playing fast and loose with the custody rules, filing a complaint for contempt can be a good move to head her off before she takes more extreme measures and decides to leave with them and not return at all. This complaint asks the Probate and Family Court to order the other parent to obey your custody order. An attorney can help you file this with the court. If the court decides the other parent is disobeying the order, it can put them in jail until they do obey it.

4. Be prepared

If you suspect your ex is capable, and maybe even likely, of taking off with your child, there are steps you can take right now. If delay is your enemy in the safe return of your family, preparation is your greatest ally. Having a few critical things in order can make all the difference in deploying help at a moment’s notice. Don’t wait until you in the midst of the terror and confusion of a kidnapping to get your ducks in a row.

  1. Have recent photos of your kid(s) and your ex-wife easily accessible.
  2. Have a copy (or a few copies) of your custody order.
  3. Have a list of all daycare providers, schools, and after-school programs in case the police want to check with them before declaring your child missing.
  4. Have a detailed list of your ex-wife’s transportation and personally identifying information. This should include a description of her car(s), license plate(s), who she may be traveling with, credit card and banking info, and any other pertinent information that may lead to her whereabouts.
  5. Get a Parental Abduction Search Checklist

MissingKids.CA offers a thorough, easy-to-follow pamphlet that details each step to take in the event your worst nightmare becomes a reality. You will likely find it hard to focus and think on your feet when you are faced with a parent’s most menacing fear. With this packet at the ready, all you will have to do is follow the steps laid out for you.

The wise adage “Forewarned is forearmed” applies to parental kidnapping. When you are aware of a danger, you can adequately prepare to ensure the best outcome. As a parent, your priority is to protect your children and keep them safe. While there is no way to be with your kids every moment, there are some powerful precautions you can take today that may save them from future danger.


(c) Can Stock Photo / Bialasiewicz

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