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Omaha Fathers' Rights Legal Blog

4 things to consider if your child wants to live with his father

You received custody of your son when you and your husband divorced. He was just 10 years old. Now he's 15, and he has been asking if he can go live with his father, instead.

What do you do? This is a very tough situation, and it's important to consider it from all angles.

A fair custody agreement may still be hard

You and your spouse are working on a parenting plan and a child custody agreement. You want to agree on something instead of just letting the court decide.

If you go into it expecting to be happy with the solution once it's fair, you could be disappointed. A fair solution can still be very hard for both parents -- and the children -- to deal with.

State reps calling for stronger child custody protections

Two state representatives, one from Pennsylvania and one from New York, are seeking stronger protections for kids who are involved in custody cases across the country. The two representatives, both women, have called for hearings to review the practices of family courts. The resolution created also asks family courts to quicken case resolution when violence is present.

In a statement, one of the representatives said that more than 58,000 children are forced into the custody of an abusive parent even when the other parent raises objections to the court's ruling. One of the representatives is a former prosecutor. The main goal of the resolution is to help create standards that would prevent courts from issuing custody to abusive parents.

Will your alcohol use hurt your chances at custody in divorce?

During a divorce, custody of minor children often becomes a contentious issue. Spouses may not agree on a parenting plan, child support levels or even how to split up holidays after the divorce. If you aren't able to agree to specific terms, the courts will generally decide. That means that you and your spouse will each be trying to convince the courts that you should have primary or even full custody of your children. Any misbehavior or past legal troubles could get dragged into court as a means of proving you shouldn't have custody of your children. That can include alcohol use.

The courts will do everything they can to act in the best interest of your children, which typically includes having a relationship with both parents, except in cases of abuse. Your spouse, in turn, may try to convince the courts that the best interest of your child doesn't include shared custody. If you drink regularly, even if you don't drink to excess, your spouse may use that to show the courts that she is the more responsible parent or even that you shouldn't see your children. Anything from bar receipts to a driving while intoxicated charge from your college years could come back to cause issues for you.

What's involved in creating a child custody schedule?

If you're going to make a child custody schedule, the most important decision you'll need to make first is where your child is going to live. Since this decision directly affects every aspect of your parenting time, it will influence all other aspects of your child custody schedule.

Here are some other things you need to keep in mind when creating a Nebraska child custody schedule:

  • Decide on physical custody arrangements by considering what's in the best interests of your child. Omaha family law courts will always hold the child's best interests as the highest determining factor. As such, so should you.
  • Omaha courts will never give preference to one parent over the other based on sex. Although this may have occurred in the past, there is no longer a presumption that the mother is a more suitable child-rearing candidate than the father.
  • Joint physical custody arrangements are more than possible. In these arrangements the child will live at different times with both parents -- possibly every other week, half-and-half within the week or another kind of arrangement.
  • If parents don't agree on a joint physical custody arrangement, a Nebraska court might grant it based on considering the best interests of the child.
  • When making child custody decisions, courts will try to determine which parent served as the primary caretaker when the spouses were together.

How do divorced couples succeed when co-parenting?

Divorce is a difficult subject for many couples, especially those who have children. As couples get divorced, they must learn to live on their own again. This includes handling their own finances, dealing with life's problems, and even raising children on their own at times. Here's how divorced couples can succeed when they are co-parenting.

One of the most important tips out there is to aim for consistency. Children can benefit immensely from the different perspectives and outlooks on life from both of their parents. They also benefit from being raised by parents who employ the same expectations in both homes. This means that parents should come up with similar, but not necessarily identical, rules for both houses. Both parents should also discipline the children as similarly as possible.

Protestor of child custody denied order of protection

A protestor of child custody was denied an order of protection by an Otoe County District Judge earlier this month in Nebraska. The man denied the order claimed he was harassed while protesting outside of the Otoe County Courthouse.

The man has been holding a sign in front of the courthouse periodically since Father's Day protesting what he claims is unfair treatment of males in child custody cases. The reason for his protest, according to him, is his ex-girlfriend, who is the mother of his daughter.

Domestic violence victims helped with housing

Domestic violence victims in northwest Houston are being helped when it comes to finding housing thanks to a brand new nonprofit program. The program received $1 million from a federal grant, which began in December. The program is being run by Northwest Assistance Ministries through the Family Violence Center.

Since the program began in December, it has been able to find housing for 18 victims who have fled domestic violence situations. The program is in the midst of finding housing for 20 additional victims.

Parents seeking legal protections as surrogacy soars

Surrogacy in the United States is soaring of late. In 2004, there were 738 babies born via surrogacy in the country. In 2015, that number jumped to a whopping 2,807. The majority of the increase is attributed to the advent of gay marriage. Some women who serve as surrogates are paid up to $30,000 to carry the baby that is created via the egg and sperm of others.

One of the biggest concerns of those who have a baby via surrogacy is the fact that parental rights might not be transferred to them even if they signed a contract with the woman serving as surrogate. Some states do not allow surrogacy, while others do not have laws outlining parental rights in this situation. Surrogacy can cost upwards of $100,000 when you add in legal fees, fees to doctors and more. In some cases, the new parents don't wind up with the child after spending this money.

Can you share custody, finances and a home after divorce?

You and your spouse know that divorce is imminent. You have issues that simply can not be reconciled, for whatever reason. Once there has been a breakdown of trust or love within the marital union, fixing things may prove impossible. Divorce doesn't necessarily mean that everything in your lives and the lives of your children will need to change. Many couples who divorce are finding that continuing to cohabitate after divorce can reduce some of the negative financial impacts of divorce as well as the emotional impact on the children. It is an increasingly popular option for divorcing couples with kids.

If you and your former spouse find that you can maintain at least a friendly relationship and can still compromise and work together for your children, cohabitation may make sense. You won't incur financial losses from selling your home to buy two new homes. You can avoid the stress of visitation and custody battles over holidays. The potential for child care needs still exists if both former spouses work full time, but you and your former spouse may be able to minimize those expenses by working together. Your kids will also learn the importance of working together and compromise.