Joseph E. Cordell - Cordell & Cordell - Page 4
Skip to main content

Author: Joseph E. Cordell

Family law resources South Carolina.

South Carolina Divorce, Child Custody & Family Law Guide

Written by Joseph E. Cordell on . Posted in Family Law.

Whether you’re facing a divorce, custody dispute, or other family-related legal issues, having access to reliable and comprehensive resources is crucial. 

Our website is designed to provide you with essential information, tools, and guidance to support you through every step of your legal journey. 

Here, you’ll find answers to common questions to help give you the knowledge and support needed to make informed decisions for your family’s future. 

South Carolina Divorce Process 

The divorce process in South Carolina is managed in Family Courts, where judges have jurisdiction over divorce, legal separation, child custody, child support, alimony, and the division of property. 

The state’s grounds for divorce include: 

  • Adultery 
  • Physical cruelty 
  • Abandonment 
  • Habitual drunkenness 
  • Living separately for one year (no-fault) 

From here, the divorce process follows this path: 

  • One spouse files a Summons and Complaint. This states the grounds for the divorce. It includes what that spouse would like in marital assets and debt division. Child custody, visitation, and support. In cases where no fault grounds exist and the spouses have not yet been separated for an entire year, one can still file a Summons and Complaint to seek separate support and maintenance, along with the other items listed above. 
  • Spouse is served. Once one spouse files the motion in court, the other spouse is personally served. This means the other spouse is given a copy of the Summons and Complaint. The spouse, called the defendant, has 30 days to answer the complaint, providing an outline of what they would like the Court to issue in the divorce decision. 
  • Final divorce hearing: In situations where an action for divorce occurs, there is a final divorce hearing, lasting about 15 minutes, to determine if the requirements of the divorce on the grounds requested have been met. Witnesses must corroborate the grounds for divorce. 

In situations where the spouse is requesting separate maintenance and supposal support, the first step is the satisfaction of the separation requirement prior to filing. Alternatively the filing spouse must prove the fault grounds they allege. 

Related Article: Choosing a Divorce Attorney: Essential Considerations and Questions 

South Carolina Residency Requirements 

To file for divorce in South Carolina, the plaintiff must have lived in the state for at least one full year. In situations where both parties live in the state of South Carolina, this residency requirement is just three months. 

Once filed, there is a waiting period: 

  • No-fault divorces: A full year before filing for divorce. This requires proof of continuous separation, such as different mailing addresses or changes to a driver’s license. 
  • Fault divorces: There is no waiting period prior to filing, but a final decree in the divorce only occurs after 90 days.  

Grounds for Divorce in South Carolina  

South Carolina recognizes no-fault and fault-based grounds for divorce. For a no-fault divorce, the parties must have lived separate and apart without cohabitation (not just in another room) for over one year. 

For a fault-based divorce, South Carolina recognizes: 

  • Adultery 
  • Habitual drunkenness or drug use 
  • Physical cruelty 
  • Desertion 

However, it should be noted that desertion is rarely used as a ground for divorce since the parties must have lived separate and apart without cohabitation, just as is the requirement for a no-fault one-year continuous separation divorce. Parties may* obtain a divorce 90 days after the date of filing if a fault-based ground exists and the burden of proof is met to show that the fault-based ground exists. 

*Parties may be able to obtain a divorce 90 days after the date of filing if ALL issues in the case have been resolved on a final basis. It is always important to note that attorneys do not have control over the court docket scheduling. 

South Carolina Property Division Process 

Property division in South Carolina follows the premise of equitable division. This means that the court considers both spouse’s situation and then makes the decision to separate property based on what is considered fair and equitable. This does not always mean equal, as noted by the South Carolina Bar Association. However, in reality, most Family Court judges assume that a 50/50 division of the marital estate is equitable, and even when an individual judge deviates from that, anything more lopsided than a 55/45 division is rare. 

All property purchased or acquired and all debts incurred during the marriage, regardless of how titled, are considered marital property and subject to division by the court, save for a few exceptions. Those exceptions include. 

  • Property acquired in exchange for pre-marital property 
  • Inheritances 
  • Property acquired as a gift from someone other than that person’s spouse. 

To determine what is fair and equitable, the judge considers numerous factors in the marriage, including: 

  • Contributions to the marriage 
  • Appreciation in value of assets and income 
  • Non-monetary contributions include homemaking, childcare, and unpaid work 
  • Length of the marriage 
  • Ages and health of each spouse 
  • The amount of non-marital property 
  • Fault associated with marriage failure, if the misconduct affects or has affected the economic circumstances of the parties, or contributed to the breakup of the marriage. 

Note that the state also considers the need of each party to obtain additional education or training to become self-sufficient, including the division of retirement benefits, debts, and alimony decisions. 

South Carolina Child Custody Laws 

Title 63 – South Carolina Children’s Code provides child custody laws related to divorce. The court always focuses on decisions based on what is in the best interest of the child from its perspective. Numerous factors are considered in these situations, including: 

  • Physical 
  • Psychological 
  • Spiritual 
  • Educational 
  • Familial 
  • Emotional 
  • Recreational aspects of the child’s life 

In addition to these details, the court also considers each parent individually, looking at factors such as: 

  • The character of the parent 
  • Fitness to provide parental duties 
  • Attitude as it impacts the child 
  • Any domestic violence allegations 

The court may take into consideration the child’s preferences for custody, but this is not a deciding factor alone. 

Also note that, under S.C. Code Ann. § 63-15-10 – § 63-15-40 (2010); Patel v. Patel, 347 S.C. 281, 555 S.E.2d 386 (2001), the court cannot consider the parent’s previous military deployment or possible future deployment as a standalone factor in determining what the child’s best interests are. 

Child custody can be ordered in several arrangements under (S.C. Code Ann. § 63-15-210): 

  • Joint custody: Both parents maintain equal rights and responsibilities in the decision-making for the child. However, one parent may have “veto power” or final decision-making authority if a parent cannot agree on important decisions. 
  • Sole custody: One parent is given the sole right to responsibilities and decision-making for the child without an obligation to consider the other parent’s input. 

Child custody also includes parenting plan requirements under (S.C. Code Ann. § 63-15-220): 

Parents must submit parenting plans to the court that show: 

  • How much time the child will spend with each parent 
  • Which parent will make decisions for the child 
  • Factors related to the child’s education, healthcare needs, extracurricular activities, and religious training 
  • Other special considerations for the court to address. 

South Carolina Child Support 

Child support is a payment made from the noncustodial parent to the parent that is providing custody of a child. Child support is calculated using the South Carolina Child Support Guidelines, and unless the court finds specific reasons to deviate from them, the court will presume that the amount of child support determined by the Guidelines is the appropriate amount of support to award. The income of both parents is considered when making these decisions. Some key factors related to child support include: 

  • Support is based primarily on gross income. 
  • Alimony is a consideration. 
  • The number of children in the home 
  • Who provides health insurance for the children 
  • Work or school-related childcare costs 
  • Extraordinary medical expenses 

It is possible for child support to be modified based upon a substantial and material change in circumstances occurring since the original order of support. Some examples of circumstances that might lead to modification of child support under South Carolina law may include: 

  • A significant reduction in earnings 
  • Losing a job 
  • A change of custody 
  • The child is emancipated. 
  • A disability, medical condition, or injury limits the non-custodial parent’s earning potential 

Those parents who fail to pay child support are held in contempt of court if a judge determines that their failure to pay support i willful and intentional. The court may determine payments must be managed from that point out through the State Disbursement Unit. 

In South Carolina, child support continues until the child reaches the age of 18 as well as finishes high school. If the child’s school year has not been completed, child support terminates at the age of 19 or the end of the year, depending on what occurs first. A child with disabilities or other specific needs may continue to receive child support over time, depending on the court’s decision. 

When child support should end, the paying party must notify the court to terminate it. It does not automatically occur.   

Related Article: How Does a Family Law Attorney Help in Child Support Matters? 

South Carolina Alimony 

In South Carolina, the following statutory factors determine whether a party should or should not be awarded spousal support. See S.C. Code § 20-3-130(C)(1-13). The court will determine if alimony is required based on these factors: 

  • The length of the marriage  
  • The physical and emotional condition of each spouse 
  • The educational background and additional training needs of each spouse 
  • Employment history and earning potential of each spouse 
  • The standard of living anticipated by both spouses 
  • The current and expected reasonable expenses of both parties 
  • The marital and nonmarital property of each spouse 
  • Custody of children  
  • Marital misconduct, if applicable 
  • Tax consequences to each party  
  • Existence and extent of support obligations from proper marriages or other reasons 
  • Other factors the court considered relevant 

The court may or may not award spousal support/alimony to a party after taking the following factors into consideration. 

Related Article: Will I Have To Pay Alimony? 

Why Work With Cordell & Cordell 

Cordell & Cordell has helped thousands of families through divorce. With a specific focus on helping men and fathers maintain their rights and fight for equal consideration, your South Carolina divorce attorney is committed to providing you with exceptional legal insight and guidance in even the most complex cases. With over 30 years of experience, Cordell & Cordell has the resources necessary to help you. 

Client Experience 

“[My lawyer] handled things with grace and professionalism. She got what I wanted and truly paid attention to detail.” — Michael B. 

“It all worked out well, it was good service, and I was happy with the outcome.” — Lauren R. 

Serving South Carolina Families in Their Time of Need 

Cordell & Cordell offers comprehensive support throughout the South Carolina divorce process. To set up a consultation to discuss your case, call 866-323-7529 or fill out the contact form on this page. 

Cordell & Cordell is a law firm with offices in over 30 states helping men with various family law issues. This page serves as a resource and is not to be taken as legal advice. 

Child custody in Nebraska.

Nebraska Child Custody Laws: Parenting Plans & Rights Guide

Written by Joseph E. Cordell on . Posted in Child Custody.

Child custody in Nebraska may be complex if parents are unable to agree on equitable parenting time. If it is necessary to go to court for a custody order, the amount of time you are granted with your children may not be what you had requested. The courts are responsible for determining parenting time that is in the best interests of the minor child, but in some cases, allegations by your spouse may prevent you from being awarded the time you want with your minor children. 

Cordell & Cordell can guide you through the divorce process, including working out custody of a child. 

Nebraska Child Custody Factors 

Many factors can impact child custody, including the child’s relationship with the parents. When determining what is in the best interest of the child, the court will look at not only the relationship the child has with each parent but other factors, including: 

  • The general health and welfare of the children 
  • Who takes the children to appointments most of the time 
  • The outcome of a psychological evaluation, if one is requested 
  • The outcome of home studies, if a home study is requested 

Other factors may include: which parent is more likely to abide by a child custody court order, the willingness of each parent to allow all methods of communication, parent work schedules along with other factors. 

Child Preference in Nebraska 

While the parents should each complete a parenting plan, joint legal custody and joint physical custody may or not be included, if they cannot agree. A main factor the court will take into consideration is the child’s preference. As long as the child is old enough and exhibits the maturity to make this decision, the court will consider the child’s wishes. 

The chronological age of the child is not determinative; rather, the maturity and reasoning of the child are of primary importance. The child may provide a written statement, or alternatively, the judge may conduct a private interview with the child, which may be recorded in the judge’s chambers—on camera. 

During the interview with the judge, parents are not permitted in the room. This policy is maintained to prevent potential influence of the child by either parent. 

Can You Move Out-of-State with Custody of the Child? 

In Nebraska, one of the child custody questions spouses ask when going through a divorce is whether or not, the custodial parent can move out of state with the child. Regardless, if a parent wishes to move out of state prior to a custody hearing or agreement, or even after the final dissolution of marriage judgement—the parents must both consult and adjust the parenting plan. 

If both parties agree and sign off on an adjusted parenting plan, a custodial parent is usually allowed to move out of state. However, if the non-custodial parent disagrees, the requesting parent must ask for the court’s decision. 

The parent requesting the move must prove that the action is in good faith and is in the child’s best interests. The court reviews and addresses these factors during a hearing for the custodial parent’s motion to relocate. 

Depending on the child’s age and the circumstances for the move, the court may grant the request, deny the request, or amend child custody arrangements based on what it determines are the best interests of the child. 

How to Set Up a Parenting Plan in Nebraska 

Part of the custody process is creating a parenting plan. The parenting plan doesn’t usually include child support, as Nebraska’s laws provide child support guidelines. The parenting plan involves legal and physical custody and visitation rights – or time sharing. It dictates the decision-making for each parent for several factors of your child’s life. 

Nebraska’s parenting plans may include: 

  • Physical custody (may be joint) 
  • Legal custody (may be joint) 
  • Which holidays the child will spend with each parent (may be rotating) 
  • Living and travel arrangements 
  • Day-to-day decisions on behalf of your child 
  • Religious decisions 
  • Schooling decisions 
  • How the parents will modify the parenting plan in the future, if needed (i.e., custody decisions) 
  • How both parent and the child will stay safe 
  • Whether either parent can take the child out of the country 
  • Travel to other states with the child 
  • Medical decisions 
  • Elective surgeries and medical decisions 

Even if you do not perceive that any of the considerations in a parenting plan will become an issue with your spouse, always include those factors, as your spouse may become disagreeable in the future. 

How to Modify Custody Arrangements in Nebraska 

To modify a custody order in Nebraska, you will need to obtain a new court order. Then, you must motion the court for a modification of the custody arrangement along with a new parenting plan. If an agreement cannot be reached on the modification, you must be able to provide the court evidence that a material change in circumstances has taken place. 

In the complaint for modification, you can ask the court to decide on these matters: 

  • Custody issues, including changing physical custody, legal custody, or both 
  • Time-sharing, including changing the frequency of visits with the child or how long the child lives with each parent who has physical custody 
  • Child support, including upward and downward modifications 
  • Health care expenses, including insurance expenses, premiums, and elective medical care 
  • Childcare issues, including changing childcare providers and childcare expenses 

At the final hearing, the parent filing the complaint must disclose his or her reasons for the requested changes. If the other parent does not agree to the modification, the filing parent must demonstrate a material change in circumstances for the request. 

Why Work with Cordell & Cordell 

The Child Custody Attorneys at Cordell & Cordell can guide you through custody and visitation issues during a divorce—even after the divorce becomes final and changes need to be made later. However, even if both parties agree to the changes and the child’s welfare has been considered, you should retain the services of an experienced child support attorney to help protect your parental rights. 

Client Experience 

“I have worked with [my lawyer] twice now. She has been professional in all aspects and truly provided great advice. She provided guidance and really helped me stay on top of things. “ — Alexander O.

Let Us Help You with Your Child Custody Case 

Whether you are separated or going through a divorce, you should have a parenting plan to guide your interactions with your children. A parenting plan can help preserve your visitation rights, as the state has various types of custody arrangements. 

Cordell & Cordell is a national family law firm that guides men through various family law issues. Contact our team today at 866-DADS-LAW or fill out our online contact form to schedule an initial consultation about your family law issues, including divorce, child support, child custody issues, division of marital assets and paying child support after a minor child enters college. 

Disclaimer: This page serves as a resource and is not to be taken as legal advice. 

Father involvement in childrens lives.

Active Father Involvement Benefits for Child Development

Written by Joseph E. Cordell on . Posted in Child Support.

Divorce, child custody disputes, and other family law proceedings can be emotionally devastating to everyone involved. This is especially true when a family law case creates distance — whether physical, emotional, or both — between a father and his child or children. Both science and our legal system maintain that it serves a child’s best interest to have as close to equal access to both parents as possible. After a separation or divorce, this is not always possible and fathers may find themselves fighting for equitable parenting time with their kids. 

Parenting time is critical for maintaining a positive relationship between a parent and a child. Unfortunately, certain areas of the court system often cling to outdated stereotypes portraying mothers as having natural caregiving strengths and fathers serving as breadwinners. This can lead to the assumption that fathers are less involved in their children’s lives and that mothers should be granted primary custody. We have learned a lot since those stereotypes emerged. We now know the importance of a father in a child’s life and the benefits of both parents maintaining good parenting relationships with their children. At Cordell & Cordell, our family lawyers are committed to helping involved fathers remain an active part of their children’s lives. 

How Does Active Father Involvement Impact Child Development? 

It is difficult to understate the importance of fathers in their children’s lives. A strong father-child relationship, in addition to a strong relationship with the other parent, can play an important role in child development—helping their mental health and social development. On the other hand, a father’s absence can have many negative impacts. 

Father Involvement Can Improve Sociability and Confidence 

Research has suggested that the more prominent a father’s role is in a child’s life, the better chance the child has to develop a happy and confident life. 

  • During early childhood, active father involvement shows a correlation with improved emotional development, self-esteem, and overall well-being. 
  • A good father-child relationship involving boundaries combined with emotional support can help young children develop important social skills and self-control. 
  • The impact of a father’s involvement continues to manifest itself in high school-age children and young adults. 
  • Fathers serve as important role models that continue to guide people throughout their lives. 

Father Engagement Reduces Behavioral Issues 

Greater involvement with fathers is correlated with better behavioral outcomes for children, both in school and at home. 

  • Children whose fathers are actively involved in their lives tend to perform better in school and are less likely to need to repeat grades. 
  • Father involvement often leads to fewer behavioral problems in children. This can result from improved emotional support and development, as well as enhanced problem-solving skills. 
  • Improved behavioral issues in young children can help them avoid more serious problems later, such as incarceration or teen pregnancy. 

Physical Benefits of Having Fathers Involved 

A father’s involvement can start to benefit a child almost immediately. Research has shown positive correlations between a father’s involvement and aspects of health in infants like weight gain and breastfeeding. Improved rates of mental health among older children with involved fathers often lead to improved physical health, as well. 

The Problems With Fathers Being Considered the Secondary Parent 

Children tend to do best when both of their parents are actively involved in their lives. The majority of families with children include both a father and a mother, although there are other types of parental arrangements. The stereotype that mothers are inherently best suited for childcare remains far too common in society, today. This can result in a presumption that the mother should be awarded primary custody of the child or children, placing the father at a disadvantage before a divorce or even after a child custody case begins. 

This stereotype can affect everyone involved: 

  • It affects fathers by creating an informal assumption in the court system that they are less interested or involved in their children’s lives 
  • It affects mothers by assuming that they should bear the bulk of the caregiving duties 
  • It affects children by assuming that one parent will be less involved in their lives and potentially undercutting the father’s chances at successful co-parenting 

The best outcome for everyone often involves maximizing the opportunity for both the mother and the father to stay involved in their children’s lives, building close parenting relationships with them. 

What Are the Negative Effects of Growing Up Without a Father? 

A father’s absence can have significant negative impact on their children’s lives, such as: 

  • Increased aggression 
  • Diminished mental health 
  • Diminished cognitive abilities 

Increased Aggression 

Children whose fathers are not involved in their lives often experience more behavioral problems than peers who have a good relationship with both parents. 

Diminished Mental Health, Including Self-Esteem and Depression 

A lack of father involvement is often associated with mental health issues. Children may question why they have no father figure in their lives while other children do. They may blame themselves for their father’s absence, which can have severe long-term emotional effects. 

Diminished Cognitive Abilities 

Many factors can influence a child’s cognitive ability, particularly income and access to educational resources. A lack of father involvement can make these challenges harder for a child, and an involved father can help them overcome these challenges. 

The Importance of Quality Relationships With Dad 

The quality of a child’s relationship with their father counts more than quantity. Time spent with an uninvolved father does not offer much benefit to a child. On the other hand, an involved father who can maximize their time together, can be tremendously beneficial. 

That said, a greater quantity of time spent together improves the chances for an involved father to provide their kids with the best possible experience. Active involvement in a child’s daily life is ideal, but “active involvement” is much more important than “daily exposure.” 

How Can Cordell & Cordell Help With Your Custody Case? 

Cordell & Cordell can assist fathers who want to get custody of their children or who are seeking to expand their parenting time with their children. The firm has developed a set of strategies that can not only help clients achieve favorable outcomes in legal disputes, but also help them improve their parenting skills. These strategies include: 

  • Knowing your legal rights 
  • Staying involved in your child’s life 
  • Maintaining a civil relationship with the child’s other parent 
  • Working with childcare professionals 
  • Demonstrating that you are a good parent 

Why Work With Cordell & Cordell’s Custody Lawyers? 

Cordell & Cordell works with fathers all across the country, helping them safeguard their parental rights in divorces and custody disputes. When necessary, we provide compelling representation, but we also encourage spouses and parents to seek ways for a peaceful resolution to disputes. Courtroom appearances are unfortunately necessary at times, but at the end of the day, we represent fathers who want to preserve their relationships with their children. 

The firm has more than one hundred offices in thirty-five states. Our attorneys are trained in family law, including the areas of litigation and negotiation. They are well-versed in communication, organization, and time management. This allows them to help clients prepare for life after their legal case is complete, so they can move forward co-parenting their kids. 

Client Experience 

“My attorney is a standout. He is responsive and attentive. He was good at giving input and feedback. When it comes to men’s divorces, Patrick knows what he is doing and brought his experience to the table.” — Dolphus D. 

Concerned About Your Children’s Future? Don’t Hesitate to Call Us. 

Cordell & Cordell is a family law firm that guides individuals through a range of family law issues, including divorce, child support, child custody issues, division of marital assets, and paying child support after a minor child enters college. Contact our team today at 866-323-7529 or fill out our online contact form to schedule an initial consultation. 

Disclaimer: This page serves as a resource and is not to be taken as legal advice. 

Two people, likely a couple, are sitting close together with their hands clasped on their laps, showcasing a diamond ring on the woman's finger, suggesting engagement.

Understanding The Financial Ramifications of Remarriage

Written by Joseph E. Cordell on . Posted in Financial.

Your marriage officially ends when the court executes your divorce decree, but that does not necessarily mean it ends your divorce case. One party may be ordered to pay spousal support – otherwise known as alimony or maintenance. If you have children, you and your spouse contribute to the financial well-being of your children, and there could be lingering child custody issues that need to be worked out. One of the consequences of remarriage is the change in financial circumstances. One party might ask the court to modify the amount or duration of support payments.

A common situation occurs when one of the parties remarries or begins cohabitating with a new partner. When that happens, a number of questions arise regarding how this change impacts the payment of child support and/or spousal support.

How Long Do You Have to Wait to Remarry After a Divorce?

In most states, you can get remarried as soon as the divorce is final. However, several states have laws that say you must wait before you enter a new marriage. Most of them have 30- to 180-day waiting periods. These states include:

Impacts of Remarriage

When either spouse remarries, it could affect child support and spousal support. A second marriage resulting in blended families can also affect other factors, including time-sharing and estate planning.

On Child Custody

When either spouse remarries, it doesn’t directly affect child support and time sharing. You still must follow the parenting plan and pay the amount of child support ordered by the court. However, a new spouse can indirectly affect time sharing or even child support. The other parent could ask for more child support since you now have two people contributing to your household making more of your income available to pay support. While that rarely happens, an ex-spouse with a persuasive attorney could succeed.

The other issue is parenting time. If you remarry and your ex-spouse still has feelings for you, she could ask the court to change custody arrangements and allege that your marriage isn’t in the best interest of the children. Although your new spouse may love your children, one of the unfortunate consequences of remarriage is the jealousy of the other spouse.

On Spousal Support

Most states terminate spousal support on the remarriage of the receiving spouse. However, some states have exceptions based on the type of spousal support. For instance, a state may terminate spousal support for all forms except rehabilitative alimony.

If you learn that your spouse remarried and no one notifies you that you can stop paying spousal support, you can motion the court to abate or terminate the payments.

Emotional Impacts of Remarriage

A young boy sits on a couch, looking upset, while an adult man, seen from behind, gestures consolingly. They're in a calm, domestic setting.

One of the unintended consequences of remarriage is that the children may have a hard time with your new spouse. Their reactions can vary, depending on several factors, including:

  • Age
  • Personality
  • Conflicts of interest
  • Circumstances of the parents’ divorce
  • The mother’s or father’s death

Some children may start having behavioral issues or have trouble in school. They may withdraw emotionally. It’s always important to maintain open communication with your children and seek advice from a licensed therapist or counselor to advise you on how best to handle the transition.

Why Work with Cordell & Cordell

Remarriage can cause financial and emotional issues for everyone involved. Working with an experienced family law attorney at Cordell & Cordell can help you through the process of changes affecting the legal status of your obligations, including stopping alimony or dealing with your ex-spouse’s reaction to new family dynamics.

Client Experiences

“Professional in all aspects and truly provided great advice.”— A.O.

“You all were wonderful to work with. I accomplished the intended goal and was pleased with the result.” – David C.

“​Everything went smoothly. [My lawyer] gave me all my options and was always there and available when needed.” – Dale W.

Additional Resources

Did Your Ex Get Remarried? See If You Can Stop Paying Alimony

If you need legal advice, don’t wait. Contact our team today at 866-DADS-LAW or fill out our online contact form to schedule an initial consultation about your family law issues, including the ramifications of remarriage and when you can stop paying alimony.

Disclaimer: This page serves as a resource and is not to be taken as legal advice.

Stacked coins and scrabble tiles spelling "ALIMONY" rest on a paper-filled desk, suggesting financial matters related to spousal support payments.

How Do Alimony Payments Work? 2024 Guide to Spousal Support

Written by Joseph E. Cordell on . Posted in Maintenance.

It is crucial to recognize that alimony may be called a different name in your state. Alimony can be referred to as spousal support or maintenance in many states. As you read this guide, consider that some terms may vary depending on your location.

If you are going through a divorce and worried about your assets and what you might have to pay, consider hiring experienced divorce attorneys at Cordell & Cordell.

What is Alimony?

Alimony, often referred to as spousal support or spousal maintenance in many states, is the financial support one spouse pays to the other. The court considers several factors, including:

  • Giving one spouse the time to hone his or her work skills and find a better-paying job
  • Giving one spouse time to obtain the education required to find a better-paying job
  • When the salaries of each spouse are so different, the receiving spouse needs it to continue living in the manner to which he or she is accustomed
  • When one spouse is found wasting assets before or during the divorce
  • When one spouse commits a “fault” during the marriage, such as being unfaithful

How is Alimony or Maintenance Awarded?

A gavel and two wedding rings lie in focus on a table, with blurred people gesturing in the background, suggesting a divorce or legal proceeding context.

In most states, alimony or maintenance awards are at the discretion of the court. However, the court can’t just pick a number out of thin air. Most states use several of the following factors to determine who should receive alimony or maintanence, how much per month, and for how long.

  • The parties’ current income
  • Asset division
  • Both parties’ earning potential
  • The duration of the marriage
  • The contributions to the marriage
  • The ability of the higher-earning spouse to support two households
  • Whether one spouse supported the home while the other received an education or created a business
  • The standard of living during the marriage
  • Whether one spouse was a homemaker or stayed home with the children
  • Whether the parties have children, and if so, whether child support is required
  • The age and health of the parties
  • The emotional health of the parties
  • Ongoing responsibilities for the children of the marriage
  • Tax consequences

For example, Texas does not count the recipient’s income, but it has other factors that help keep the monthly payments lower.

How Much Can You Receive or Pay in Alimony?

Again, it’s important to note that many states use the term “maintenance” or “spousal support” when discussing the concept of alimony. Speak with an attorney in your state for specific information, as each state enforces alimony/maintenance orders differently. However, enforcement is not usually automatic – you have to file a motion with the court to enforce the divorce decree or separation agreement. While every state is different, they are all universal for some things, such as how they enforce maintenance payments.

States also vary in the types of alimony the courts will order. Most states have some form of:

  • Temporary alimony during the pendency of the divorce
  • Permanent or indefinite alimony is often based on the duration of the marriage and other factors in states that offer this
  • Rehabilitative alimony, sometimes referred to as bridge-the-gap alimony, allows one spouse to obtain the training or schooling necessary to become self-sufficient
  • Lump-sum alimony, which is often by agreement of the parties. In some cases, the court may order lump-sum alimony if the payor has the cash or assets to cover it.

Some states, such as California, rely heavily on the duration of the marriage. For example, in California, spousal support can be indefinite if you were married for 20 or more years. However, if you were married for less than 20 years, you can only collect alimony for half of the duration of the marriage.

If you have a significant change in financial circumstances, you can ask the court to abate alimony payments. Some reasons for abatement include:

  • Retirement
  • Suffering a long-term illness
  • Becoming permanently disabled, such as receiving injuries from a car accident that will prevent you from working again
  • Remarriage of the receiving spouse

How Long Are You Required to Pay Alimony or Maintenance?

A man and a woman sit back-to-back on a couch, both appearing displeased, in a living room with a bookshelf.

The short answer is, “It depends.” Your situation plays a large role in how the court will order these payments, including the type, amount, and duration. A former spouse could pay for:

  • A set amount of time
  • Until a specific milestone is reached, such as the remarriage of a former spouse, retirement for the payor, or the death of either spouse
  • Indefinitely if a former spouse is disabled or elderly

In any case, either party can ask for a modification of an alimony or maintenance award if he or she experiences significant changes in income.

Why Work with Cordell & Cordell

A lot of factors go into determining alimony, including evidence that your spouse “needs” the extra support. An experienced divorce lawyer at Cordell & Cordell can assist you in defending or prosecuting your case involving alimony payments through final judgment.

Client Experiences

“Professional in all aspects and truly provided great advice.”— A.O.

“Awesome, knowledgeable, and very responsive.” — Steven S.

Additional Resources

Find Out if You Can Receive Alimony in Your Situation

Cordell & Cordell is a national law firm that represents men in various family law matters. Contact our team today at 866-DADS-LAW or fill out our online contact form to schedule an initial consultation about your legal separation case.

Disclaimer: This page serves as a resource and is not to be taken as legal advice.

A distressed boy sits foreground with hands on cheeks, while a man and woman argue in the background on a couch, in a bright living room.

Is Sticking Together The Best Option For The Children

Written by Joseph E. Cordell on . Posted in Divorce.

Although some couples who are trapped in a loveless, unhappy marriage may think that sticking together is what is best for the sake of the children, the opposite can actually be true. According to the Muskegon Chronicle, children are more perceptive than we often give them credit for and can tell when a situation is deteriorating.

“If the relationship is so unhealthy … it’s not a good situation for the children… We have a tendency to think kids somehow, through their immaturity, don’t understand that something’s going on. There’s a ton of research that shows that’s not the case.” — Susan P. Johnson, chief executive of Every Woman’s Place in Muskegon

Although the statistics point to many marriages in Muskegon County ending earlier than in previous generations, Johnson noted that this was because couples in the 1960s did not have the resources or knowledge to divorce when things reached a breaking point. Children may be better off with parents who split instead of staying together despite many differences, as they will benefit from a more positive environment and less stress.

At Cordell & Cordell, we understand the different stereotypes between mothers and fathers in divorces, so our legal professionals work to even the playing field for men. Take a closer look at how staying together for the kids’ sake in a failed marriage could be the wrong decision.

Should You Stay in Your Marriage for the Sake of Your Children?

Whether staying together for the kids is the right decision can only be decided by the couple, as everyone has their unique situation. While parents remaining together can provide stability and security, it’s becoming more apparent that there are potential negative effects on children regarding their emotional well-being.

Kids are smarter than most adults give them credit for, and they will be able to pick up that something is wrong. Trying to shield them from the failed relationship is delaying the inevitable at best while making it appear as if you are hiding something from them. The relationship you maintain with your children may have a greater impact than the relationship you maintain with their other parent.

Risks of Staying Together for Your Children

Staying together for your children comes with some risks and negative impacts to which you may not want to expose your children. Living with someone you know you are no longer compatible with often leads to increased verbal fights or bickering. Children will notice their parents’ relationship troubles and get misguided ideas about what healthy relationships and marriage are supposed to be like. It is good and healthy to get out of a relationship that does not work, and children will have a hard time learning that if they see their own parents not abiding by that practice.

A young girl with double buns looks through a doorway where two adults, blurry in the background, seem to be having a playful moment in a bright room.

Deciding on Divorce?

Only you can decide whether divorce is an option.

Is There Any Abuse?

Abuse of any kind is clearly detrimental to children, and they deserve to be shielded from that as much as possible. Any marriage that is abusive should end if changes or corrected behavior are not possible. Abusive spouses often don’t change, especially those responsible for domestic violence.

Do You Think You Can Co-Parent?

Co-parenting with someone with whom you do not have a successful marriage can be difficult. It requires the parents to put their marital satisfaction aside solely for the sake of their children until the kids are grown up and out of the house. This is a tall order and is not always possible for people. While worth exploring, it is understandable if that kind of separation is not possible in the way people live their lives. Kids may ultimately be served better with an amicable divorce rather than their parents staying in an unhappy marriage.

Do You Want to Work on the Marriage?

It’s common for marriages to have problems, and a lot of them can be repaired. If you and your spouse are willing to work on these problems, opting for a divorce may be premature for your family unit. It could be beneficial to try couples therapy first, and make efforts to rebuild the relationship. Essentially, you need to consider whether or not the marriage has deteriorated to the point where it has become irreparable.

How Divorce Impacts Children

Children are impacted by divorce in many ways, though the exact effects will vary based on the child’s age and the relationship they have with their parents. While some negative effects can occur, each parent working on their own individual relationship with the child can outweigh any potential negative consequences that a divorce would cause.

Ultimately, children are impacted in the home by the behavior of others. Splitting from your spouse can be seen negatively by children, but it is possible to make them understand why it needs to happen. Meanwhile, staying together for the kids could create an overall sense of tension in the household that is even worse for children to deal with in their home life.

Additional Resources

  • Mental Health and Divorce — Divorce can have a serious impact on the mental health of everyone involved, but there are ways to take control of your own mental health and keep things as healthy as possible.
  • I’m Divorced… Now What? – A To-Do List — It’s common to feel lost in the wake of a divorce, but this handy to-do list will make it a bit easier to move on with your life and pursue happiness again.
  • Fatherhood: What It Means To Be A Dad — What it means to be a dad will differ for every father you ask, but there are some aspects to fatherhood that are universal.

Why Work With Cordell & Cordell

At Cordell & Cordell, we take an aggressive approach to domestic legal issues, representing men and fathers in an arena that tends to be biased against them. Our attorneys are willing to stand up to that bias and advocate for men in matters of divorce, custody, and children. Take a look at what some of our previous clients had to say about our services.

Testimonials

“The laws are not meant to help you. These folks are a resource that you need on your side. Well worth the investment. After all, divorce has turned into an investment.” — Brian K

“Exceeded expectations! I was always updated along the way, which alleviated some of the stress.” — ST

Unhappy Marriage? We Help Men Through Divorce

If you are in an unhappy marriage, divorce may be the best solution for you and your family. At Cordell & Cordell, we provide men and fathers with an experienced and confident advocate in the family court system that may at times be biased against men. Give us a call at 866-DADS-LAW or fill out our online contact form to schedule an initial consultation.

Two people's hands clenched in tension above a document, a pen, and wedding rings, suggesting the context of divorce proceedings on a wooden table.

What is The Difference: Mediation vs. a Divorce Lawyer

Written by Joseph E. Cordell on . Posted in Divorce.

Our mission at Cordell & Cordell is to empower men in their decisions. So today we are here to talk about an important topic: divorce mediation, along with the pros and cons of opting for a meditator vs. a lawyer.

It’s important to note that many divorce cases require both mediation and legal representation. Both are necessary to achieve ideal outcomes, especially in cases where parties cannot agree on issues such as child support, custody, alimony, and property division.

At Cordell & Cordell, we understand the divorce process is overwhelming and complex for men, so let’s dive in and dissect your options together.

What is Divorce Mediation?

Divorce mediation is a confidential process involving third-party intervention. Mediators don’t represent either spouse but act as an impartial “go-between” as the couple works through the settlement process.

  • The mediator’s role is to help both parties come to a mutually agreeable resolution about divorce issues.
  • Unlike litigation, mediation doesn’t involve court appearances and a judge ruling on decisions.
  • While you aren’t going to court, it’s a good idea to involve your attorney in this process.
  • Lawyers are important because they can explain not only the reasonableness of what the other side wants but also what the mediator is saying.
  • Sometimes, this involves the mediator giving candid assessments of certain arguments made by one party or the other.
  • An attorney can help sort through that assessment while prioritizing your best interests over a settlement.

Pros of Mediation During Divorce

If mediation is a potential course of action in your divorce process, the following are advantages to consider.

  1. Cost-effectiveness: Mediation tends to be more affordable than traditional litigation, saving you substantial legal fees. Mediation typically costs 30-40% less compared to hiring a divorce lawyer.
  2. Control and flexibility: You have more control over the process and can negotiate terms that meet your unique circumstances. Mediation allows couples to maintain control over decisions regarding property division, child custody, and support agreements.
  3. Confidentiality: Mediation proceedings are confidential, offering privacy and discretion.

Cons of Divorce Mediation

Mediation isn’t a one-size-fits-all type of solution, the following are factors to think about before taking this route.

  1. Lack of legal representation: Without legal advice, you may overlook important legal rights and entitlements.
  2. Unequal bargaining power: Power imbalances between spouses can affect negotiation outcomes.
  3. Complex legal issues: Mediation may not be suitable for cases involving complex legal or financial matters.

Working With a Divorce Attorney

A person in a suit gestures while speaking, another takes notes, and a gavel rests on a block, suggesting a legal setting.

A divorce attorney is a legal representative who works to protect your interest. While mediators must remain unbiased, a divorce attorney will advocate and negotiate for you. A divorce lawyer can only represent one party throughout the process.

Since many divorce issues are delicate and must be handled with care, your attorney should have:

  • Extensive family law experience
  • Courtroom experience
  • Knowledge about local courts and state laws
  • Listen to your side of the story

Pros of Hiring a Divorce Lawyer

Hiring a divorce attorney to represent you offers many benefits and you’ll want to carefully think about the following three advantages as you move forward.

  1. Legal experience: You benefit from the knowledge and experience of a seasoned divorce lawyer who can navigate complex legal proceedings with an objective perspective.
  2. Advocacy and protection: Your lawyer will advocate for your best interests and protect your rights.
  3. Emotional support: A divorce lawyer’s protection can provide valuable peace of mind during this challenging time.

Cons of Hiring a Divorce Lawyer

As with anything in life, along with benefits, there might be some drawbacks.

  1. Higher costs: Legal representation can be expensive, especially if the divorce process becomes contentious. However, your lawyer may be able to negotiate and mitigate some of the combative elements of your divorce.
  2. Loss of control: Litigation puts important decisions in the hands of a judge, potentially leading to outcomes that don’t fully align with your preferences.
  3. Lengthy process: Court proceedings can be lengthy and time-consuming, prolonging the emotional strain of the divorce.

Must-Listen Podcasts on Divorce Mediation

Differentiating The Process: Divorce Litigation vs. Divorce Mediation

Divorce Litigation

The court-based process of traditional divorce litigation will involve these steps:

  1. File a complaint: One spouse will file in accordance with state laws. This officially begins the divorce process.
  2. Response and counterclaims: The other spouse is allowed to respond to the complaint and file any counterclaims if they do not agree with one or more proposals in the initial complaint.
  3. Discovery: The discovery process is when both parties gather information about the case, such as requesting documents, obtaining financial records, and deposing witnesses.
  4. Appear in court: The divorce litigation process typically involves several court appearances where each attorney presents arguments and evidence. A judge will decide on important issues, including child custody, child/spousal support, and property division.
  5. Trial: When two spouses can’t agree through negotiations or mediation (courts will sometimes order the latter), the next step is to attend a trial where a judge will preside and make final decisions on unresolved issues.
  6. Final judgment: A final judgment of divorce outlines the terms of the divorce, making all arrangements and decisions legally binding.
  7. Appeals: Either spouse has an opportunity to appeal a judge’s decision, but this will stretch out the divorce finalization timeline.

Your attorney will work with you every step of the way, advocating for what’s best for you (and your children).

Divorce Mediation

The steps involved in successful mediation include the divorcing couple agreeing to an uncontested divorce, along with collaborative and alternative dispute resolution, and will include the following:

  • Voluntary agreement: Two spouses agree to work with a neutral third party to negotiate issues.
  • Mediation sessions: The mediator facilitates open, communicative, and respectful discussions with the intent to come to mutual decision-making about child custody, property division, support, and other issues.
  • Drafts agreements: Once spouses reach agreements, the mediator aids in drafting a divorce settlement agreement that details the divorce terms and is given to parties and their lawyers to review.

Once both parties reach mutual agreements and finalize their decisions, the documentation is submitted to the court. Lastly, the court reviews for approval and issues a final divorce decree.

Three professionals sit at a table; two are discussing while one writes notes, in a modern office setting.

Key Differences Between the Two

Whether you should pursue the divorce mediation process or the court-based process will depend upon your situation and the relationship between you and your spouse. These are key differences between the two processes you should consider:

Cost of divorce

Generally, a litigation divorce costs tens of thousands of dollars, and if it goes to trial, it can reach six figures. Mediation is much less expensive.

Confidentiality

Mediation is confidential, whereas divorces become public record.

Control

Mediation gives you the most control over the outcome of a divorce case. If parties cannot agree, the case goes in front of a judge who will never know as much about your family and finances as you and you’ll have to hope they understand enough to enter a fair and just result.

Time

Divorce litigation can take up to 18 months to 2-3 years to complete, whereas mediation can be much faster, sometimes under six months, if not sooner.

Outcomes

Litigated divorces are risky because you don’t know which way a judge will rule, and the result may be unsatisfactory. In private mediation, both spouses have a say and can work through issues together with their attorneys, and they have more confidence over the outcome.

Divorce Mediation Lawyers (A Two-in-One Solution)

Your lawyer is essentially there to speak on your behalf, and anytime there is child support, alimony, or assets involved, you’ll want to have fair legal stipulations in place.

Why Work With Cordell & Cordell

Cordell & Cordell has been representing the best interests of fathers and husbands since 1990. Our attorneys have seen firsthand the struggles men often face in family court as the family court system can be biased against them.

Our attorneys will act as your advisor and advocate in protecting your financial and family interests. If necessary, we’ll fight aggressively with your wife’s attorney in court.

Testimonials

“The whole team from Cordell and Cordell did an amazing job on my case! They all went above and beyond, and I will be forever grateful! ” — Damian A.

” My attorney […] was top-notch. She was able to quickly become in tune with my specific custody situation and needs, gave me excellent advice throughout the entire process and worked diligently to give me a very favorable outcome to my case. As a man, I was nervous about fighting for custody of my young child, but Maggie ensured that I did have a strong case, put me at ease about many details of the process, and got me the results that I wanted.” — Jacob P.

Navigate Your Divorce with Confidence

Facing divorce proceedings is overwhelming, and it can be difficult to make decisions now that will impact your future. Whether you choose the mediation process with your wife or find you must take the litigation approach if she’s not willing to work with you, it’s a good idea to have an experienced attorney by your side.

The compassionate family law attorneys at Cordell & Cordell are very experienced in divorce law for men. We’re here for you to represent your case, keeping your best interests our goal. To schedule a consultation with us, call 866-DADS-LAW (323-7529) or fill out our online contact form, and a member of our legal team will be in touch.

Emergency Temporary Child Custody: How Fathers Can Protect Kids

Written by Joseph E. Cordell on . Posted in Child Custody.

In many custody proceedings, whether through divorce, modification of custody, or simply establishing initial child custody and parentage, there are emergency circumstances where a father can — and should — ask the family court to grant him emergency temporary custody over his minor child.

What is Emergency Temporary Custody?

Two people, one comforting the other with a hug, in a sunny forest setting.

An emergency temporary custody order is a legal mechanism a parent can use to quickly resolve a serious issue with an existing custody arrangement. Typically reserved for serious situations, the parent must provide evidence that their child faces immediate risks associated with a harmful situation or is in danger of being abducted by the custodial parent.

Emergency temporary custody orders can be issued within days or weeks after filing. If the situation is very urgent, a hearing may take place within hours. This hearing is likely to be held ex parte, meaning your child’s other parent may not be in attendance to present their side. If the judge agrees that the well-being of your child is at risk, your temporary custody petition may be granted.

Common Reasons to Seek Emergency Custody

To be granted emergency custody of your child, you’ll need to have just cause for a court to intervene and change a permanent custody order, giving physical custody to the non-custodial child’s parent. Common reasons that courts grant emergency custody include:

  • Child abuse
  • Child neglect
  • Domestic violence
  • Custodial parent’s arrest for DUI, drug use, or another serious crime
  • Sex offender residing in the home
  • Custodial parent’s physical or mental health condition
  • Risk of the mother abducting the child

This is not a comprehensive list of immediate dangers, nor does it mean these reasons apply in all U.S. states. Always check with your attorney to determine if the reasons you want to apply for changing a child custody order are applicable in your state.

How Do I File a Temporary Custody Order?

An adult and child, both in jackets, are sitting on a road at sunset, looking toward the horizon where the road seems to meet the glowing sky.

In most states, a father can file a pleading with an attached affidavit asking the court to grant him emergency temporary custody before having to go to court or even giving notice to the other party if there is a serious risk of immediate harm to the child if they remain in the care and control of the mother.

However, in many states, if the father files this pleading and affidavit and the judge signs it, the father must get the mother served as soon as possible because the judge will immediately schedule a hearing on the matter within a short period of time of issuing and signing the order for emergency temporary custody.

Talk to your attorney to learn about your state’s process for filing a temporary custody order.

Tips For Dads Seeking Emergency Custody

The best advice to fathers wishing to obtain an emergency custody order is that if you see or find out that the other parent is doing something that would warrant filing an emergency custody pleading, contact a lawyer immediately — do not wait.

Too often, judges have not granted this emergency custody at the hearing because this “emergency” circumstance occurred months ago, and the father’s neglect to file anything right away shows to the court that it was not truly an emergency.

The second piece of advice to fathers wishing to obtain emergency temporary custody would be to wait until he has a scheduled visitation with the minor child when the judge signs the order so that they don’t have to track down the mother or get the police involved.

If that is not possible or feasible, then have the judge-signed order granting you emergency custody with you at all times and contact the police when you pick up the child from the mother’s location.

How Long Does a Temporary Child Custody Order Last?

Close-up of a child's eye reflecting light, with delicate skin texture and fine eyelashes. The child appears focused, in a dimly lit setting.

There is no single answer to this question, as it will depend upon the circumstances of the case and the issues that necessitate a change in custody. A temporary order typically remains in effect until a court:

  • Ends the order
  • Modifies the order
  • Issues a final order

Some emergency orders will have an expiration date attached to them.

Why Choose Cordell & Cordell

The attorneys at Cordell & Cordell have experienced firsthand the challenges men face in the family court system. Men may face many unfair custody agreements that negatively impact them and their children.

Our attorneys are trained litigators prepared to take a case to court when necessary. If you believe your child is facing danger or if your ex is threatening to take your child away from you permanently, you have parental rights and can fight back. Cordell & Cordell will staunchly advocate for you in custody and domestic matters, including protective orders.

Testimonials

“So thankful I found Cordell and Cordell in Charlotte. Never thought I would need their services and was clueless of what I needed to do. Danielle and Stephanie were amazing while guiding me through the most difficult time of my life. Their guidance literally helped me not only get through the divorce process but made me understand that life will continue and I needed to protect my future. I will always be thankful for their work with my case.” — Scott C.

“Monica Schuring represented me in my divorce and custody battle and always looked out for my best interest as a father. I hopefully will never need them again, but I know they will be there if I do.” — William H.

Don’t Hesitate About the Safety of Your Children

A young girl is reading a book, hugging a teddy bear, with bookshelves in the background.

The safety of your child is of the utmost importance. If the custodial parent is putting them in danger, it is extremely important for you to take action to adjust the current custody arrangement and remove them from that environment.

Please contact an attorney if you have serious concerns about your kids’ welfare. To speak with a member of our team, call Cordell & Cordell at 866-DADS-LAW (323-7529) or fill out our online contact form.

As a service to our clients, Cordell & Cordell also offers informational eBooks, podcasts, and town halls.

Four people are in an office setting, with one person signing a document. There’s a sense of consultation or agreement being formalized.

Can A Child Choose The Custodial Parent?

Written by Joseph E. Cordell on . Posted in Child Custody.

Divorce is not an easy process. When there are child custody issues to sort out, it becomes even more contentious. Some parents, want to leave the custody decision to the child.

That raises the question: At what age can a child choose a parent with whom they want to live?

Your state might have laws that list a specific age when a child can decide or give input regarding the child custody decision. Contact Cordell & Cordell in your state to see if your child’s wishes factor into your custody case.

Role of a Guardian ad Litem in Child Custody Cases

In high-conflict disputes, some states will appoint a guardian ad litem (GAL) to help investigate the case, no matter the age of the minor child, to determine what is in the child’s best interest. The GAL usually interviews the child to try to determine their preferences and the reasons behind those preferences. It is very important for parents to be honest and upfront with a GAL as they carry out their job.

When Can a Child Testify in Court Regarding Parental Preference?

Often, children may testify when they are mature enough to understand and truthfully take the oath to testify. Still, the reasonable preference of the child is typically just one factor the court uses to determine their best interest.

  • Typically, a 12-year-old child is considered old enough to testify.
  • Judges will give a child’s custody preference more consideration when they are older.
  • Older teens are usually mature enough to provide logical reasons for their preference in child custody matters.
  • Courts more often follow teen preferences if they provide logical reasons.
  • Child custody laws often require the GAL to consider the child’s preference.

Some judges might decide that even allowing the child to state a preference goes against their best interest. Asking a child to choose between parents isn’t necessarily fair to them.

State laws regarding preference testimony seek a balance between putting children in the middle of the child custody dispute and ensuring their testimony is as reliable as possible, no matter the age of the child. It’s a good idea to contact a family law attorney licensed in your state to learn how your state handles a child’s testimony.

Custody and Visitation in a Child Custody Case

Different Types of Custody

  • Sole or primary custody, is when one parent is granted physical and/or legal custody of the child.
  • Joint custody is when parents are equally given rights in physical, legal, or both types of custody.
  • Physical custody refers to the time a child spends with each parent.
  • Legal custody involves the right to make important decisions regarding the child’s life, including but not limited to education, healthcare, and religion.

In many cases, one parent is granted physical custody while both parents share joint legal custody.

How is Visitation (Parenting Time) Determined?

In cases where one parent is given sole physical custody, the noncustodial parent will usually have visitation (also referred to as “parenting time”) with their child.

Visitation details are determined by the judge based on the best interest of the child if parents cannot agree on such details.

How Is “Best Interest of the Child” Determined?

Four people are in an office setting, with one person signing a document. There’s a sense of consultation or agreement being formalized.

Courts will make their child custody and visitation decisions based on the best interest of the child. Several factors are taken into consideration, including but not limited to:

  • Each parent’s capacity to meet the physical and emotional needs of the child
  • Work schedule of each parent
  • Parent’s closeness and involvement in the child’s life (including love and affection)
  • Home environment and stability in each parent’s home
  • Physical and mental health of each parent
  • Moral fitness of each parent
  • Willingness of each parent to promote and support a relationship between the child and their other parent
  • Child preferences (depending on age and child’s maturity level)
  • Other relevant factors a court deems important

The presence or absence of domestic violence in the home environment will also be considered.

Parents who are actively involved in their children’s lives and provide a stable, nurturing home are likely to be viewed more favorably by the court.

Why Work With Cordell & Cordell

Cordell & Cordell has a history of championing the rights of husbands and fathers. Founded in 1990, our firm has dealt with biases men may face in family law disputes, such as child custody and visitation.

Our philosophy is rooted in providing strong advocacy and representation to help men achieve fair status in the family court system. Our attorneys are trained and prepared to take a case to court to fight when a fair resolution through settlement is not possible.

Testimonials

“​Everything was done well and competently, and everything seemed very above board.” – Philip

“​Cordell and Cordell has it figured out and stream lined. I liked that I could see everything on the website including documents I had turned in. Keri was great. She was attentive and responsive. She was on top of everything.” – Richard G.

Additional Resources

  • What Does Child Support Cover?: Child support generally covers food, clothing, and shelter. Individual states set formulas to come to the amount of child support to be awarded to the custodial parent.
  • Research Shows the Importance of Fathers: Historically, society placed more importance on a mother’s involvement in a child’s life. Research shows dad’s involvement affects a child’s cognitive development and behavior while helping to positively shape their identity and social competence.
  • Tips For Improving Co-Parenting Communication: The behavior of both parents directly impacts the children. They benefit from parents who can work together to raise them and keep their personal grievances away from the child. Learning healthy co-parenting strategies is in your child’s best interest.

Contact a Child Custody Attorney to See How We Can Help

Fathers who face custody cases should consult with an experienced child custody lawyer. While most state laws are gender-neutral, women may still be granted more favorable custody arrangements. The compassionate lawyers at Cordell & Cordell know and understand the challenges you face and will work hard on your behalf to see your rights are well-represented in a final custody agreement.

To schedule a consultation, call Cordell & Cordell at 866-DADS-LAW (323-7529) or fill out our online contact form, and a member of our team will get back to you.

To further assist, our law firm offers informational podcasts, town halls, and eBooks.

father decorating Christmas tree

Holiday Survival Tips for Divorced Dads: Child Custody Guide

Written by Joseph E. Cordell on . Posted in Family Law.

The holidays are often the most difficult time of the year for divorced parents, especially if the divorce or separation is fairly recent.

There are a number of logistical hurdles involved in dividing holidays between both holidays in addition to reconciling potential feelings of anger or loneliness that can wreck what is traditionally a joyous time of year. That can be particularly challenging for fathers who are often designated as the non-custodial parent.

As tough as it is, advanced planning and a good attitude can go a long way towards reducing the stress of the holidays for yourself and children while also starting some new traditions that you all grow to cherish.

Holiday Custody Schedule

Communication is one of the most essential parts of co-parenting and its importance is magnified during the holiday season.

You and your ex might have disagreements, but coming up with a schedule that works for both sides ahead of time and sticking to it can mitigate one of the most common issues divorced couples face during the holidays.

If you’re already divorced, the holiday parenting time schedule should already be set out in the parenting plan of your settlement agreement. This court order must be upheld or else the offending party could be held in contempt of court.

However, if your separation is recent or you have yet to receive official orders from the court, conflict can quickly arise since nothing officially designates the parenting agreement. If parents are not officially divorced, they are presumed to have 50/50 custody until the court says otherwise.

This can result in issues since there’s little that can be done if one parent decides to refuse visitation.

It’s important that you and your ex put your personal disagreements on the backburner to work together on an agreement that will minimize conflict for your kids. Odds are, they want to see both of you on Christmas, especially if this is the first year that the holidays are different for them.

The first holiday season after divorce will almost certainly be the toughest, but the smoother you make the transition for the children, the better they will cope.

New Traditions

One of the most effective ways to get past the awkwardness that is inevitable during the first holiday season as a divorced family is to start new holiday traditions. This is a great way to make things fun and create new memories while avoiding dwelling on the past.

Your new traditions don’t have to be anything elaborate. It could be something as simple as buying a tree and decorating it or coming up with fun ways to stay connected while your part in the days leading up to Christmas.

You could even start new annual events, like driving through town and trying to find the most elaborately decorated house.

Whatever you do will depend on your holiday custody schedule, as well as your ex’s flexibility.

Many courts will implement commonly used custody schedules, such as alternating Christmas Eve and Christmas Day every year. Some courts will also allow parents to share holidays under certain circumstances.

Regardless, you’ll still have the chance to come up with new traditions so that your children get the most out of the holidays even though their parents are divorced.

The task of creating a fair parenting arrangement during the holidays is much trickier if the court has yet to issue orders. Keep in mind, even if you and your ex no longer get along, it is still your responsibility as parents to do what is right for the kids so they have a happy holiday season. That means shielding them from the conflict between you and your wife as that exposure can be psychologically damaging.

Coming up with fun new traditions can help soften the stress and heartache your kids experience and also gives you some peace of mind during this hectic time of year.

Custody Disagreements

Even if you enter the holiday season trying to keep things civil and friendly, many divorced parents inevitably run into issues regarding the custody schedule.

This is especially tough for non-custodial dads since they already get less contact with their children than is ideal, and when problems do come up during the holidays they tend to be the ones who get the short end of the stick.

If you’ve received court orders outlining a custody schedule and your ex refuses to abide by them for any reason, you can hold her in contempt of court, although that may come later since courts are typically booked this time of year and it can take quite some time to schedule a hearing.

If you have yet to receive court orders, it could be more difficult to get make-up time ordered, but it’s not impossible.

Make sure to document everything that happens. Save texts and emails because they can be used in court as evidence and any excuse your ex makes for going against initial plans could be used to prove to the judge that she is in the wrong.

It’s a good idea to get your plans in writing ahead of time, whether that is in an official court order or an unofficial agreement between you and your spouse. That way you have documented a plan you and your ex agreed to and you can show the court that your ex went back on her word.

The first holiday season after divorce is certain to be difficult, but the more advanced planning you do the more likely it will go smoothly and the better off all parties will be.

You should do whatever you can to make the season as happy and joyful as possible for both you and your children.

If you are unclear about how to handle child custody during the holidays or are worried about your ex withholding visitation during this time of year, consult with a family law attorney to figure out what legal options are available to you.