Fathers' Rights : A Legal Guide to Protecting the Best Interests of Your Children

by GROSS JAMES J.

• ISBN13: 9781572483750
• ISBN10: 157248375X
• Format: Paperback
• Copyright: 2004-08-01
• Publisher: Sourcebooks Inc

Summary

Under the laws of this country, both parents have joint custody of their children unless a court orders otherwise. Whether you are divorcing or separating from the mother of your children, you need to know your rights as a parent-or face losing them. Fathers'Rights takes a constructive and easy-to-understand approach to working within the legal system. This book walks you through the stages of litigation, from filing your pleadings, to presenting your case, to the judge's decision. In addition, it explains laws regarding child support enforcement, parental kidnapping, and other regulations designed to protect your children. Fathers'Rights answers many of the emotionally charged questions you may be asking yourself right now. Questions like: - What can I do if my wife has falsely claimed that I abuse my children? - Can I still see my children if my wife tells me to move out? - Do I still owe child support if I am not the biological father? - Will I only be allowed to see my children on weekends? Fathers'Rights is your guide to maintaining an important role in the lives of your children without putting them in the middle of a courtroom battle.

Table of Contents

INTRODUCTION	xi
CHAPTER 1: FATHERHOOD	1	(12)
Fathers' Rights
Paternity
Adoption
Termination of Fathers' Rights
CHAPTER 2: INTERVENTIONS	13	(12)
Dealing with Emotions
Conflict
Interventions
What to Say to the Kids
CHAPTER 3: IN CASE OF EMERGENCY	25	(10)
Moving Out
Sample Move Out Agreement
Access to Children
Domestic Violence
Finances
Legal Matters
Dating
CHAPTER 4: FATHERS' RIGHTS AND THE LEGAL SYSTEM	35	(18)
Origins of Our Legal System
Limitations
How Laws are Made
Where to Find the Law
Lawyers
Judges
Other Participants in Your Case
CHAPTER 5: CUSTODY	53	(10)
Custody Law
Legal Custody
Physical Custody
Custody Evaluations
CHAPTER 6: VISITATION	63	(20)
Visitation Schedules
Different Types of Visitation
Visitation Disputes
Sample Court-Ordered Visitation Schedule
Visitation Rights Checklist
Changing Visitation
Third Party Visitation
CHAPTER 7: CHILD SUPPORT	83	(18)
Child Support Models
Calculating Child Support
Adjustments
Deviations from Guidelines
Education Expenses
Nonguidelines Cases
Modification
Termination
Avoiding Payment
Child Support Agreements
Bankruptcy and Taxes
CHAPTER 8: FEDERAL AND UNIFORM LAWS	101	(10)
Child Support
Health Insurance
School Records
Child Snatching
Gay Dads
Physically or Mentally Impaired Dads
Military Dads
CHAPTER 9: FILING A LAWSUIT	111	(20)
The Three Phases of a Lawsuit
Threshold Legal Requirements
Beginning the Lawsuit
Notice
Sample Summons from Montana
Service of Process
Pleadings
Sample Caption and Title for Pleading
Sample Verification
Complaint
Answer
Sample Answer
Pretrial Proceedings
How Long Does it Take?
Sample Trial Timeline
How Much Does it Cost?
Sample Trial Budget
CHAPTER 10: DISCOVERY & PRETRIAL PROCEDURES	131	(14)
Investigation
Interrogatories
Requests for Documents
Requests for Admissions
Stipulation
Depositions
Subpoenas
Expert Witness Statement
Limitations on Discovery
Making the Other Side Respond
Pretrial Preparation
CHAPTER 11: TRIAL	145	(12)
Before the Trial
Behavior at Trial
The Rules
The Trial
Plaintiff's Case
Defendant's Case
Closing
CHAPTER 12: TESTIMONY	157	(12)
Your Testimony
Your Direct Examination
Cross-Examination of the Children's Mother
Direct Examination of Your Expert Witness
CHAPTER 13: ALTERNATIVES	169	(10)
Working It Out
Parenting Coordinator
Mediation
Parenting Plans
Collaborative Law
Negotiation through Attorneys
Arbitration
CONCLUSION	179	(2)
GLOSSARY	181	(8)
APPENDIX A: SAMPLE DISCOVERY DOCUMENTS	189	(8)
APPENDIX B: SAMPLE PARENTING PLAN	197	(6)
APPENDIX C: CUSTODY PRESUMPTIONS	203	(12)
APPENDIX D: CUSTODY FACTORS	215	(22)
APPENDIX E: CHILD SUPPORT AGE OF TERMINATION & COLLEGE EXPENSES	237	(8)
APPENDIX F: PARENTAL KIDNAPPING PREVENTION ACT	245	(6)
APPENDIX G: INTERNATIONAL CHILD ABDUCTION REMEDIES ACT	251	(6)
APPENDIX H: THE HAGUE CONVENTION ON INTERNATIONAL CHILD ABDUCTION	257	(8)
APPENDIX I: CHILD ABDUCTION RESOURCES	265	(4)
APPENDIX J: CHILD SUPPORT ENFORCEMENT AGENCIES	269	(12)
INDEX	281	(6)
ABOUT THE AUTHOR	287