Spring Break Custody Question and others on SingleDad.com

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SngleDad.com is the number one resource for newly Divorced Dads and Fathers Rights Topics. Spring Break Custody concerns and other Family Law Questions on SingleDad.com

Among the Ask a Divorce Lawyer questions answered today by Cordell & Cordell attorneys:

  • Our divorce agreements says we rotate years for who gets the child during spring break. But our kid is too young and not in school. So does this apply yet?
  • Can you file a lawsuit against a court system for Judicial Abuse of Power? Also, what remedies can you go through to settle your case outside of the courts?
  • I’m going through a divorce and want to know how to help my case. So should I tell my lawyer that my wife asked me to kill her ex-husband after we got married 25 years ago? Will that have any effect on how our case is decided?
  • What rights, if any, do I have regarding visitation with a minor child that I am not the biological father of?

Question:

Our divorce agreements says we rotate years for who gets the child during spring break. But our kid is too young and not in school yet. So does this apply yet? Do we base spring break on when the schools my daughter will go to have their spring break?

Answer:

First, let me preface my answer by stating that even though I am licensed in Kentucky, I am unable to provide specific advice to your questions, as I do not know all the facts and issues associated with your case, so I am unable to form a solid legal opinion.

This is an issue that a lot of people run into, when dealing with agreements and orders of the Court. What does a specific word mean? Unfortunately in litigation, a single word can have two different meanings. In this case, spring break to you, means when the child has an actual spring break from a school in which she is enrolled. However, to the other party it may mean, when the school district in which you reside is on spring break. The problem that you run into is at what point do you make a stand and stick to your definition of the agreement. This may not always be an easy decision to make, but keep in mind that if you decide that spring break occurs every year, even if the child is not in school, then you will benefit from this the next year as well.

You also need to assess the likelihood of going back to Court to have a Court decide what "spring break" means. From my own personal experience, I believe spring break means when the child is on spring break because there may be instances when spring break is cut short due to make up school days for snow and other inclement weather situations that would cut that period short.

Question:

Can you file a lawsuit against a court system for Judicial Abuse of Power? Also, what remedies can you go through to settle your case outside of the courts?

Answer:

First, let me preface my answer by stating that I am not licensed to practice law in the state of Tennessee, although Cordell & Cordell does have attorneys who are licensed in Tennessee that would be happy to discuss your case with you.

Generally speaking, Courts and Judges are immune from lawsuits, so that they may be able to render decisions, without fear of reprisal. However, many states have systems in place for a party to lodge a complaint, if that party feels that a judge has acted improperly.

There are many remedies available to the parties to attempt to settle thier case out of Court. The most popluar option for parties, particularly in family law, is mediation. Mediation is the process of a neutral third-party attempting to help the parties resolve thier case by coming to an agreement. Mediation is a non-binding process, which means that if neither party can be forced into an agreeement, both parties must agree.

Question:

I’m going through a divorce and want to know how to help my case. So should I tell my lawyer that my wife asked me to kill her ex-husband after we got married 25 years ago? Will that have any effect on how our case is decided?

Answer:

First let me preface my answer by stating that I am not licensed in the state of Ohio and am not able to provide you with any specific advice related to your question, as I am unfamiliar with all the facts and issues in your case. You should consult an attorney in your jurisdiction, for specific advice to your inquiry.

The best advice any attorney can give a client is that you should tell your attorney everything and allow your attorney to sort through the facts and decide what is relevant and should be used in your case. The worst thing a client can do is keep secrets from their attorney.

Question:

What rights, if any, do I have regarding visitation with a minor child that I am not the biological father of? The child was born before I met her mother but I’ve raised her for the majority of her life. We all lived together but I was never married to the mother, who now won’t let me see the child.

Answer:

First, let me preface my answer by stating that I am not licensed to practice law in the state of Illinois, although Cordell & Cordell does have attorneys who are licensed in Illinois that would be happy to discuss your case with you.

Your state’s laws regarding the relationship of parent and child should provide guidance in this situation, however, it is important that you speak to an attorney who is licensed in your jurisdiction to get specific advice to your question.

In most states, the only people who have absolute rights to children would be the child’s biological parents. However, in some states, there are laws that allow a person who has held themselves out to be a child’s father and supported the child as a father would have rights to that child. Certainly, if you live in a state that does allow this, then the longer you have held yourself out in this role, the more likely the Court will find that this bond exists between the child and you. You should immediately speak with an attorney to see what rights you have in this particular case.

Jason Bowman is an attorney in the Louisville, Kentucky office of Cordell & Cordell, P.C. He is licensed in the states of Kentucky and Texas. He received his Bachelor of Science in Business from the University of Louisville, and received his Juris Doctor from Texas Wesleyan University.

Richard JaramilloRichard “RJ” Jaramillo, is the Founder of SingleDad.com,
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RJ is self employed, entrepreneur living in San Diego and a father of three children. The mission of SingleDad is to help the community of Single Parents
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