Can The Petition For Divorce Be Changed If The Respondent Defaulted?

Question: Can the Petitioner change the requests made in the Petition for Divorce if the Respondent defaulted? I requested joint custody as the Petitioner, but the opposing party has defaulted so I was wondering if I could change my request to sole custody.

What Happens To Temporary Orders If Case Is Dismissed?

Question: What happens to a temporary custody order if you never go back to court for the original child custody case? I have a 50/50 temporary custody agreement. The court just issued a review of the original custody case filing, which has been inactive, and mentioned something about dismissing the …

When Right Of First Refusal Causes More Problems Than It Prevents

Question: I am strongly considering discontinuing practicing right of first refusal because of how difficult and contentious our regular parenting time negotiations can get. My ex always wants to move her parenting time and set up a type of parenting time trade that would wind up being inconvenient to me. …

Do I Have To Notify My Ex If Traveling Out Of State With Kids?

Question: I recently took a vacation with my child out of state and my ex-wife was furious. In our child custody order there is no mention of us having to report travel to each other. Is there any law or rule stating I have to inform my ex when I …

A Proper Parenting Plan, Ability To Co-Parent

By Tamara Hoffstatter Men’s Divorce Attorney Breaking the ties with your spouse and escaping a failed marriage is an opportunity for both of you to make a fresh start. Of course, as long as the two of you have children in common, you are never really going to be able …

Who Pays Child Support If We Share Custody?

By Tamara Hoffstatter Men’s Divorce Attorney Child support is meant to ensure that each parent is taking a role in providing for the financial needs of their children. If one parent has sole physical custody and the other has visitation, the parent with the visitation will almost always end up …

Supervised Parenting Time: An Explanation

By Sara Pitcher Cordell & Cordell Divorce Lawyer Supervised parenting time may occur in a case if the judge has concerns for the safety or well being of the child. A judge may determine that supervised parenting time is appropriate for a number of different reasons.

My Ex Never Offers Me Right of First Refusal

Question: My custody schedule has a right of first refusal clause that my ex-wife exercises almost every time I have to work, though she never lets me use the clause when she is busy. Per our parenting time schedule, I have the kids every other weekend and every Tuesday night …

Right To Travel With Children During Separation Period

Question: Because of my state’s divorce waiting period my wife and I are separated but have not yet filed for divorce. Since there are no parenting time orders, am I allowed to travel with my child out of state? My wife is refusing to give me permission, but do I …

Child Support Modification Factors A Court Will Consider

Child Support Question: What are the child support modification factors a court will consider? I was ordered to pay child support, but I spend significantly more time with my children since the order was entered because my work schedule has changed.