Father’s rights during a divorce extend beyond the right to custody of children. Many fathers find themselves fighting for property. When fathers and mothers cannot agree on division of property, courts make the decisions. A father’s rights lawyer will help a dad who is battling for property during a divorce, putting together a case that considers the rights of the client.

Lawyers Assist Fathers Fighting for PropertyState laws determine the method used to divide property during divorce. Several states are community property states where each spouse retains his or her separate property and the remaining community property accumulated during the marriage is divided evenly based on the value of the marital estate. Other states use equitable distribution laws that base decisions on fair or equitable distribution.

The family home is typically the most-contested item in property disputes during divorce. Circumstances dictate who get the house and this is where father’s equal custody rights come into play. If the father is awarded primary or sole custody, the home will generally be awarded to him. If the father purchased the home with his own funds and is not awarded custody, a lawyer may be able to build a case for awarding the home or an equivalent value to the father.

From a legal standpoint, neither spouse has the right to ask the other spouse to leave the home. If the spouses cannot come to an agreement, the court will make the decision based on state law and property system. Fathers should retain attorneys to help them fight for their right to retain this property, which is typically the most important asset held by the couple. If fathers choose to represent themselves in court, they may not fully exercise their rights, giving them a greater chance of losing the case.

A property settlement agreement puts property division decisions in writing. Some agreements also include child custody, child support, and spousal support decisions. No matter how restrictive or comprehensive this agreement is, it can be incorporated into a divorce decree to become a legally binding component of the final divorce judgment.

Father’s rights to property during a divorce can be based on several factors. Hiring an attorney is the best way to understand and exercise these rights. With the help of this legal expert, fathers can fight for the property to which they are entitled and stand a good chance of coming out on the winning end of the dispute.

5 thoughts on “Lawyers Assist Fathers Fighting for Property”

  1. My ex-wife has been violating the divorce decree that we both had agreed on with our 3 children she constantly violates the first right to refusal towards me does not talk to me about any decision making just decides what she feels is best and just recently gave our oldest son who is 16 alcohol I have all of that in text messages when I try to talk to her it’s all my fault and I can not live on what they are taking out in child support and what I am paying in insurance for the kids I am going to end up on the streets if I cant figure something out and the ors has done nothing i filed for a review months ago where i make substantially less now than when the order was set 6 yrs ago

    1. We’ve got a couple of different issues here, so lets tackle them one at a time:

      1. Violation of the Judgment for Dissolution of Marriage. A divorce decree, which includes a Judgment, a Marital Settlement Agreement, and for kids (different names in different states) an / Allocation Judgment / Parenting Plan / Custody Order is a Court Order. If she is violating specific terms, as it sounds like, then you must file a Petition for Rule to Show Cause (also called a Petition for Indirect Civil Contempt of Court). This means that the judge ordered her to abide by the specific terms of a parenting plan and she has specifically violated certain terms. The specific violations should be listed and how it violates the Agreement.
      Example:
      a. That the Judgment of Dissolution of Marriage entered by this Court states, in pertinent part(s), as follows:
      Paragraph C. of Judgment: Mom is awarded child support based on Dad’s income of $4,000.00 per month. Dad shall deliver to Mom, on a yearly basis, his filed income tax returns within 30-days of filing and proof of all child support payments being paid on time to Mom.
      See Exhibit ‘A’ (Judgment for Dissolution of Marriage attached)
      b. That on June X, 20XX, this Court entered a Uniform Order for Support ordering Dad to pay to Mom child support in the amount of $400.00 per month. See Exhibit ‘B’ (attached Child Support Order)
      c. That Dad has made zero (0) payments towards support of the minor child since entry of the Judgment and the child support Order.
      d. That Dad has received income and money from sources as he is employed and has refused to support the minor child in violation of the Judgment of Dissolution of Marriage.
      e. That an Accounting should be ordered to determine the amount of arrears that Dad owes to Mom, with statutory interest.
      f. That Dad willfully and knowingly refuses to abide by the Judgment of Dissolution of Marriage.
      g. That Dad has no legally sufficient reason for his failure to comply with the Judgment of Dissolution of Marriage.
      h. That Dad has no compelling reason for his refusal to comply with the Judgment of Dissolution of Marriage.
      i. That Dad’s actions are willful and contumacious of this Court and impair and impede the rights of Mom and obstruct the administration of justice in this Court.

      The remedy is to ask that the court hold her in contempt and order her to pay fees, costs, attorneys fees, and to do abide by the courts order. It is best here to have an experienced divorce attorney, as you can see even this small portion from a petition fro rule to show cause involves very specific wording and language, which varies depending on the state.

      2. Giving your son alcohol. This is serious and grounds for transferring primary custody and placement of your kids with you and not her. It is normally NOT advised by attorneys to contact family services when this stuff happens because, although helpful in certain instances, they can make things get very messy at times and this is a situation that a Judge should be able to handle expeditiously witht eh filing of an emergency motion.

      3. Child support: If you have had a change in income, you may have the opportunity to recalculate support and have the amount changed. This is called a modification of child support. Going through administrative means and avoiding court/judge is usually not advised as those offices take longer. The better route is to file with the court a Petition to Modify Child Support. This needs to be based on a few main factors:

      a. You have had a substantial change in circumstances (that is, a substantial change in income – needs to be actually substantial, like 20% or more, but some courts will allow a change of child support amount needing to be at least 10% change after re-calculation – again, this depends on your particular state).
      b. The substantial change can not be because of your bad actions. This means, you didn’t quit a high-paying job that you hated and took a job paying half the salary because it was your dream occupation – now that kids are involved, your dream is out the window – you are expected to earn more money and not lower your income voluntarily. Also, if you fired “for cause” you cannot base child support on your new income. For cause firings would be examples of: stealing at work and being fired, inappropriate behavior at work and being fired, etc. Being fired because the company had layoffs or went out of business is different than a “for cause” firing, which means you did something you weren’t supposed to do.

      Now, does the court care that you are struggling to make ends meet while paying support? Short answer: no. Here’s the devil’s advocate explanation – and one that(although not fair) is what will happen, guaranteed: the court almost never cares about this argument of you having a rough time at all, and expects you to just live cheaper – get a roommate, live with family, cheaper apartment, shop at Aldi instead of Whole Foods, stop eating out / fast food / buying alcohol, get a $1,000 car and ditch the $450/month car payment, etc. This is oftentimes not fair – I get it – but it is an argument that a judge does NOT want to hear and it WILL make you look bad in front of the court. Remember, they hear this exact argument dozens of times every single day. Literally every single day. The judge will not have sympathy on you because the judge will say (I’ve heard it hundreds of times) “Why should I worry more about your living arrangements than making sure your kids are fed and clothed?!” And the worst thing you can say in return to this is: “but she doesn’t even spend the money on their food!” That is an automatic game over if that happens.

      So, what are your next steps? Well, you could gather all the proof needed for the multiple motions you need filed to modify support and for contempt and for an emergency motion, but the best ting you can do is hire an experienced divorce attorney that knows how to navigate the system and get you the best results possible. Doing anything else is a recipe for disaster – good luck!

  2. I have a question my son was 16 when he and his girlfriend had a little girl. They aren’t together now they had shared custody and mother gave the grandmother guardianship of his daughter! The grandmother recently gave me a notarized paper giving me temporarily guardianship for the school year! I had my son enroll her in school! She is now 15 in high school and my son pays the grandmother support! She lives in pa and we live in Florida .she says she wants my granddaughter back after the school year my granddaughter doesn’t want to go back! My question is what are my sons rights and does he have mor rights then the grandmother since it is his daughter and does she have to go back to pa? Thank you Lori Mcelroy

    1. This is complex, if the child has been living in Florida and going to school there and there is a court order, then your son should be filing in Florida to retain his custody rights. If there is no case filed, and grandma just went to court in Pennsylvania, he will likely have to defend there as well. But filing wherever the child lives (unless a case was already started somewhere else) is essential.
      You need to contact our team and speak with a Florida attorney asap and find out some details about the case, prior cases, and any orders that might be in place. You might even be told that you need a lawyer in PA as well or instead. But contact our tema right away.

  3. My brother needs help so I contacted a “Fathers rights” law firm, Cordell and Cordell. They charged ridiculously and defended the mother when she took the children. She has kept them away for 6 months without any contact with their father and refuses visitation until he signs and agreement. Cordell and Cordell never even filed the first piece of paper with the courts but charged over $2000. The attorney he has now is refusing to go to court and trying to force him into a settlement even though her demands are ridiculous and give her complete control of matters pertaining to the children.

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