Friday, January 30, 2004

Taxes

Well, we are getting to that time of year again and while it may seem a strange topic for a divorce blog, read carefully... In this article, under the sub-heading Investment and Tax Expenses, it references time spent deciding alimony and child support in your divorce. Now, I am no expert, seriously - my own accountant hates doing my taxes because I am so uninformed and neglectful with fiscal paperwork of all types, but what I believe this article is saying is that what you paid your attorney to figure out all alimony and child support issues can be tax deductible. I have no idea how that would even begin to work, you probably would have to have your attorney provide some specific breakdown of billing (?) and then take that to whoever prepares your taxes. If you need more info, the IRS web site would be a good place to start. IRS.gov Otherwise, check out the article on MSNBC

Labels:

Being the snoop that I am, I often look at the search parameters that directed visitors to this site. My favorite for the day: custody attorney is useless! Hopefully, somewhere that particular visitor has located some direction.

Thursday, January 29, 2004

Sorry I have been so lax this week, wrapping up my project tomorrow, next week I should be back to having nothing to do...
A different story for divorced parents in Illinois concerning tuition: Daily Herald

Labels:

Foster parents vs biological father: KCRA
International custody wrangling... we all think we have it bad...poor kids. NEPA News
Information about the child tax credit, apparently not only has it gone up this year, but that the increase is retroactive for last year as well: Times Record News

Monday, January 26, 2004

Okay, okay... just one for the day. This is a link to the American Psychological Association's guidelines for custody evaluators: APA

Labels:

My Busy Week

I have this unbelievably big project at work this week. This is how it goes at my job -- very slow to extremely busy. Point being that I probably will not be able to post much. I'll do what I can in my free time. Feel free to email me relevant ideas, sites and news and I will do my best to get those up.

Friday, January 23, 2004

Free Legal Advice

This is it for me for the day. This is a very good site for general legal questions pertaining to custody. This site, however, is not a substitute for a lawyer. Use it to get direction and then qualify the specifics of your case and state with your attorney.

It is quite lengthy and covers an array of questions. Definitely a good starting point...

Free Advice on Custody ; Free Advice on Divorce

Labels: , , ,

Jokes

Some of these are really funny, some not so much... Divorce HQ
I don't know what to say about this one. I have never been much impressed with it's content, but I am also not a man, going through a divorce, or a non-custodial father. The intent seems good and this might be a good resource for some of the more emotional issues associated with divorce proceedings and custody cases: Divorce Magazine

After looking through the magazine a bit I now have a better handle on my feeling. Divorce Magazine is like the Better Homes & Garden of the divorce literature genre. Nothing real specific, attempts to be uplifting, coves a lot of aspects of divorce but only in a minimal, fluffy way.

For example, this is one of the questions from the FAQ section (I am so going to hell for this): "My ex-wife told me many times that I have no rhythm and two left feet. What can I do to gain the self-confidence to go dancing?"

I don't know, make up your own mind, maybe more relevant if you are attempting to save your marriage, or... if you are divorcing without children. The entire tone of the site seems a little too light for me considering the seriousness of these issues.

Labels:

Better Divorce

Caveat: Better Divorce is run by Divorcesource. Everything I said about divorcesource applies here as well- useless site meant to get you to pay for advice. There are far better resources out there. Really.

Using the Yahoo search engine with search terms divorce and custody, the first two entries (after the two sites under sponsor results-- which are also pay sites if you were unaware and pay yahoo to be placed at the top of the results list) were DivorceSource and Better Divorce. I am inclined to believe these sites also pay the search engines to be listed at the top of results, but not in the sponsor area so people won't be immediately tipped off that it is a pay site.

As always, feel free to make up your own mind, and to let me know if your experience has been different... Better Divorce
Linking divorce to PTSD (post-traumatic stress disorder) in children: WFIE

Labels: , ,

This is an interesting article as generally few people are even aware of Munchausen's by proxy. This is to the detriment of the other parent if a situation like this one is occurring; at the same time, however, it happens very rarely.

Please do not think this might be an equivalent claim it someone is unfairly levying abuse claims against you. This is a very, very serious charge. Try to refrain form claiming anything you know (or believe) to be untrue.

First, if it is proven to be untrue, your credibility will take a large hit in the eyes of your judge, as well as put in question your ability to work with the other parent in a joint legal custody scenario. Secondly, as much as you may detest your former spouse, and as much as they may be saying or doing terrible things, eventually your court battle/attorney's/judge will go away. Your former spouse will never go away and it is in your child's best interest (and yours) to maintain whatever civility you can. You are always going to have to work together on some level, orchestrate birthdays, holidays, etc... Don't say things that will inflame your situation any further.

That being said, feel free to comment and call attention to legitimate concerns you may have. Although, this may temporarily make things a bit icier between you and your ex, hopefully they will comes to terms with the fact that you were doing everything in your power to retain access to your children. Baseless claims and false accusations, however, can be much more difficult to forget and quite likely will do more damage than good in a court scenario.

Chicago Sun-Times

Labels:

Thursday, January 22, 2004

The Men's Issues Page: Menweb

Labels:

More Petitions

Petitions!

I feel as though doing this blog has opened up my eyes to so many ideas/sites/authors/causes that I did not know existed.

I am going to list the web sites for a number of petitions relevant to fathers rights. Look them over and sign them if you agree. Their impact will not be immediate, but every little step counts.

Non-Custodial Parental Rights

Petition For Redress of Grievances

Justice for a Non-Custodial Father
Okay, here's another site I just became aware of. I cannot speak to the usefulness of this site, they cover all topics related to men, not only divorce or custody issues.

I just have to say (forgive me) that for some ungodly reason I find the typeface used on this site completely abrasive. Though it is not written in all caps, the type (oh lord, how do I not look an idiot while I try to describe how a certain typeface makes me feel) makes me feel as though I am being simultaneously screamed at and talked down to. As though a reader on this site needs to have the content hammered in to them, they are barely capable of understanding it and they didn't have a shot in hell of locating it on their own.

For this reason (maybe somewhere in my unconscious I recall being scolded for using non-traditional type) I could hardly surf the pages. Each one felt like a virtual assault not only on my eyes, but my psyche as well.

Anyway, decide for yourself: Mensnewsdaily.com
And the most recent post from Dr. Stephen Baskerville: FreeRepublic.com

Dr. Baskerville has been appointed President of the American Coalition of Fathers and Children.

Labels:

Stephen Baskerville's web page offers virtually all of his published material. Writings on the Divorce Regime, Family Court Corruption, and the Government’s War on Fatherhood.

Labels:

"The Politics of Family Destruction"

A very interesting and well written article by Stephen Baskerville: Crisis Magazine

(Stephen Baskerville teaches political science at Howard University and is author of Not Peace But a Sword: The Political Theology of the English Revolution)

Labels:

Seems to be a lot of interest in the news about Puff Daddy's child support payments: Contra Costa Times (amongst other places)

Wednesday, January 21, 2004

Custody Evaluator

I lied. Apparently NY has minimal guidelines which custody evaluators are supposed to follow (thanks to reader M.L.). Overview here: NY State Education Dept.

Makes me wonder though, these could hardly be called directives, more like guidelines. Are there any repercussions for not following these guidelines? Seems as though it would be quite difficult to prove a step was skipped, for example.

Anyone from NY, report on your experience with a custody evaluation. Do you feel as though your evaluator addressed this list in its entirety?

Also, maybe all states have these, but they are all equally weak and therefore useless in type of practical sense.

Labels:

Same site, more numbers: Fatherlessness 1 and Fatherlessness 2

Labels: , , , ,

Statistics!

When I began this horrendous journey, the first thing I looked for were statistics. I wanted to know how many mothers had physical custody, fathers had physical custody, visitation schedules, effects of divorce....

I think when we look for statistics we are looking for affirmation. I hardly ever search for statistics anymore as I realize how skewed and self-serving they can be to both sides of an issue.

However, I understand the need to see some hard numbers, so without further ado... Child Custody Statistics (courtesy of childrensjustice.org)

Be aware: these statistics are used to bolster a father's case. Feel free to send your feelings, comments or hate mail about these numbers and I will gladly post your thoughts as long as they are appropriate. (I reserve the right to censor any material to maintain this site's accessibility for all)

Labels: , , , ,

Okay, I was mixed about even posting this since I know so little about the scenario. I have decided in light of my previous tangent about the unchecked power of independent psychologists and psychiatrists that it should be posted. If it is in fact the case that a decision was made about this mother based on a 20 minute interview, there has indeed been a travesty of justice. This is not to say that the mother should immediately be given access to her child, only that a decision of such magnitude requires a thorough investigation. Telegraph
It looks as though the Australian idea for a child custody tribunal in lieu of the court system will be rejected. The more I read about this plan, the less I liked it. While it's intentions may have been good, I cannot begin to imagine how it would have been any less convoluted than the current system. The Age
Palm Springs, CA. Public law library. If you are doing your own research and are anywhere close to this area, this is an invaluable resource for you. DesertSun.com

Labels: , , , ,

Virginia Beach, VA. A juvenile and domestic relations judge is removed from the bench after being censured in 2002 for his handling of a custody case. Pilot Online If you have experience with this judge, please share your story...

Labels:

North Carolina considers giving judges more leeway (?) in child custody decisions where domestic violence may be an issue. What do you think? I think the merits of the plan are good, and I was unaware that if NC courts had evidence of domestic abuse they were unable to supersede their traditional powers. However, it also seems to open the door to the first party to claim domestic abuse.

Though the court is not supposed to consider who first files for divorce/custody, the CW says whoever files is in a slightly superior position. Could this translate into whoever first claims abuse as well?
The New Bern Sun Journal

Tuesday, January 20, 2004

Last one for the day, I'm going home. Admittedly, I haven't done a very good job looking these links over, so please let me know if they are useless.

This is from the University of Nebraska and is titled Supporting Stepfamilies. Pretty basic, but worthy of a look if this is a current issue in your life. Nebraska Cooperative Extension
This is a very interesting and fact based site on step-families. Look it over, especially if you are considering blending your family with another. American Psychological Association (APA)
This is an article against gay marriage, but it does cover some aspects of children in traditional versus non-traditional (divorced, cohabitation, single) homes. Accuracy in Media
This is a pretty fluffy and generic article about stepfamilies, but what would you expect from Better Homes and Garden?
Seminar for divorcing parents in Oregon: BendBulletin.com

We have a similar procedure in my town, though they call it a class, and it is also mandatory. While the content may seem largely common sense, it does serve as a neutral environment in which the two parents can begin to find ways to work together harmoniously (or at least civilly). Further, if you try to be positive, you can surely learn good habits or habits to avoid from other parents in the class. (Seeing two other people argue about some of the trivialities of the divorce process may help you gain perspective into your own divorce). You might even make a friend...

But make sure you just meet friends, the last place you need to be looking for replacement mates is in your divorce course. Not to mention (if you have children in particular) you should SLOW down a bit. What do they say about fish in the sea? Or if it's meant to be ... it will still be meant to be six months from now. Make a statement like this your mantra, say it over and over again when you meet someone attractive. You and your children deserve better. You deserve to actualize yourself on your own, without outside influence. You have been part of a couple with children, you need to find your own parenting style as a divorcee with children. Take time for yourself, come to terms with your divorce, objectively look at why it broke down and try to apply all of these realizations to what you would want in a potential mate. Be honest with yourself as to what you can offer to someone else and what you will not tolerate in a mate. IMPORTANT: Stick to these convictions even after you meet "the one."

Remember, you have thought that you met "the one" before. Hopefully, you felt that way about your ex-spouse. You may say things like, "Now I know what it is like to be in love" or "I have never felt this way about anyone else." Yes you have. It is wonderful to be in a new relationship, you never want to be away from that person, all their jokes are funny, all their quirks are endearing, you like the same movies, food, pets... and on and on and on. Slowly, the gloss wears off any relationship. You look for independent activities, their jokes are repetitive, quirks are annoying to obnoxious, everybody likes the Shawshank Redemption but their fetish for kung-fu movies makes you want to drive a chop-stick through your eyeballs, and both choosing steak as your favorite food and dog as your favorite pet is no relationship coup. It is only once the gloss (or novelty) wears off that I believe you can truly tell if you have found "the one." If you can witness the personality quirks that drive you crazy and still love that person, still care about their day, their dreams, their fears and be able to communicate all of yours to a partner who is not only willing, but wants to listen, even knowing all of your annoying tendencies (read carefully) THEN YOU HAVE SUCCEEDED!

Ask yourself what you date for? Unless you want to spend your life unattached and just date for fun (and after a divorce I can very much understand why you might go that route) dating is a path to marriage. Dating is effectively trying out potential mates until you find "the one." Take this process seriously, there is no rush to get married. Your married life will never be as exciting as your dating life. Think about this: not only do 50% of marriages fail, 65% of remarriages with children from previous relationships fail. Take your time (particularly if you have kids). Your kids have been through enough already. Dating someone for a few years to be sure will be far easier on both you and your children than a second (or third, fourth, seventh of you are Larry King) divorce.

Dating is fun and exciting, the person is new, they introduce novel ideas and activities into your life. Very likely they initially worship the ground you walk on and vice versa. You want these type of feelings when you are dating someone. If you don't have them, it is time to move on. You have already "bought the cow," don't settle your next time around.

Marriage is a commitment in every sense, you need a mate who is caring and dependable. The novelty of dating is thrown out, you don't want to be married to someone who surprises you with a trip to Bermuda paid for on your already maxed marital credit card. Keeping your marriage fresh and interesting is important, but by far the most important is being able to depend on your spouse to... come home, pay the bills, pick up the kids on time, be consistently employed, be truthful, tolerate your family and above all to LOVE YOU when you are cranky, tired, irritable, irrational, sick, sad, stressed... You will show your spouse sides of you that you would never reveal to someone you were dating, so don't be surprised when your spouse does the same.

It is so important to remember that when you meet someone new it is ALWAYS exciting. I hear so many stories of divorce... "It just wasn't the same," "I wasn't excited by them anymore" "I felt like I was stuck in such a routine"... So do something about it. This person meant the world to you at one point, figure out what you need to do to get to that place (or close) again. Seek counseling, whatever it takes. TALK TO YOUR SPOUSE!

However you handle your situation realize this: While you new boyfriend/girlfriend may be the cat's meow today, if you are serious about this relationship and it progresses to marriage, eventually you will face the same day to day monotony you find in any marriage and then you will again be faced with the choice between working on your marriage or finding the next exciting alternative. There will always be single people you find enticing... you just need to be adult enough to realize the thrill fades. Is it more important to get your heart racing every couple years or to have a strong, committed, dependable, financially stable relationship with someone who loves you and has loved you?

Divorce is emotionally and financially devastating (as I have talked about before). I don't want to get to preachy, but just be careful. Salvage your marriage if you can, if you can't don't rush into your next one. Trust me, your kids don't even want to think about you dating, much less pledging your life to someone else. If you are dating, keep that person away from your kids until you are absolutely sure the relationship is solid and heading somewhere permanent, and then ease that person into your children's lives. Listen to your kids, if they seem uncomfortable, back off. Your kids cannot ask you not to date but they can ask that they not be forced to personally endure your dating activities. Date while kids are with their other parent, do not skip out on the time you have with them. Try to wait until your kids leave the house before you cohabitate with someone new. It is infinitesimally difficult for children to adapt to living with your new spouse, and worse, your new spouse's children.

I say all of this from experience. Both of my parents remarried people with children and I had to live amongst them. (Interestingly, both of my parents have since divorced their second spouses) In my adult experience, I dated my fiancee for over a year before I began to spend any time with his child, and then very infrequently. Very, very slowly did I become a regular person in his child's life and though this put some restraints on our relationship early on, I am so glad I did it. I could never face myself if I felt like I had made that transitional period any more difficult than it already was. More importantly, I was able to be sure that my fiancee and I were the real thing and I was not overtaken by fleeting infatuation. Only then could I feel comfortable involving myself with his child.

I am going to try and find a couple news posts about step-families. If you are in, have been, or are thinking about being in this type of situation, please share your story. We can all benefit from the experience of others.
This is an interesting article out of Australia about children's interpretations of the family law courts. SMH.com
I have been trying to find relevant news posts this morning and the news is inundated with stories of parents kidnapping their own children, parents killing themselves, others and even their children after a divorce, or more specifically after a custody decision has been rendered.

Obviously, these parents have issues that I cannot begin to fathom and very likely played into their respective custody decisions. However, could a court system that was more geared toward towards parents having (as much as possible) equal access to their children, help to prevent these types of scenarios.

I am very depressed after reading these articles and all the more interested in the family court overhaul that is ongoing in Australia. I will try to find a good explanatory article about what they are trying to do.

Thursday, January 15, 2004

LII: Legal Information Institute

In an effort to get back to the point of this blog I typed child custody (I find child custody is better than custody as with the latter you often end up with stories of incarceration) into Google and decided to review the first listing. The first listing was LII. This is a non for profit legal cite run by Cornell Law School. It can be a very good resource when you are looking specifically for the legalities of a child custody case.

The site includes federal, state and even international information and cases of interest. It also contains a list of legal links that can be very useful.

I could go in depth on this web site, but the usefulness with vary by case. The NY Court of Appeals is featured, so if you are a resident of NY you might find it more beneficial.

For extensive case law relevant to your own state, I would still recommend lexisONE. However, you do have to register for lexisONE while no registration is required for LII.

LII has easy to access federal uniform laws and state acts and codes relevant to child custody. You should also be able to access the state information on your particular states web site.

So, in short, it may be a resource for you depending on how much of your own research you are handling. Link here: LII Let me know your thoughts...

Labels: , , ,

This is an editorial from Reg Weaver, the President of the National Education Association, about No Child Left Behind. I promise this is end of my political bend... USA Today
Thinking about "No Child Left Behind" I found this article: Dayton Daily News. Not as informative as I'd like but I'm headed to a lunch meeting so no time to look for something better.