Omaha Fathers' Rights Legal Blog
Dealing with a business during divorce's property division
This blog has previously talked about the difficulties that men may face when they are going through a divorce and have to valuate some of their higher dollar assets, including their family business. In addition to estimating a business's worth, an Omaha man going through a high asset divorce will also have to figure out, on a practical level, what to do with his business after the dust settles. For that matter, men going through a legal separation or even just a breakup with a long-term business and personal life partner may also face the same questions.
Exactly how to work things out with one's soon to be ex-spouse when it comes to dividing a business depends heavily on an individual's circumstances. As such, the question is best asked to a Nebraska family law attorney who has experience with high-asset divorce.
Consider a custody modification after your military service
Securing shared custody can be a difficult prospect for service members in the United States military. Their active duty status may preclude them from being able to offer the kind of in-person support that young children tend to demand.
Not being home when the kids need to go to school or get picked up after class can indicate that you can't fulfill your parental obligations on a daily basis during your active service. It is also possible that you are either currently on deployment or facing imminent deployment to a location where you will not be able to provide daily care for your children or even visit with them.
How does child custody mediation work?
Many men in Omaha find themselves in the middle of a conflict over custody and parenting time. Sometimes, conflicts emerge at the outset of a paternity or a divorce proceeding, while at other times, a couple may find that they can no longer agree on the terms of a Nebraska parenting plan.
At least in Douglas County, judges may require a couple to give mediation a try before they bring their custody or parenting time disputes before the court. Perhaps the most important thing a man should remember about mediation is that he is never compelled to make any agreement. Moreover, what he says and what proposals he offers for the purpose of compromising are not admissible later should the couple wind up having to go to court.
What should I bring to a protection order hearing?
When served with paperwork for an order of protection, or even if he is trying to obtain an order of protection for himself, it may be a daunting prospect to an Omaha man to think about having to go to a court for hearing.
For better or for worse, in Nebraska, many requests for protection orders will have to be heard in front of a judge. Moreover, if a man gets served with an order for protection, he should strongly consider asking for a hearing. After all, as previous posts have described, there are serious consequences to having a protection order against a man, including the possibility of professional damage or damage to the man's reputation.
Establish paternity to stay in your children's lives
Fathers are important role models in their children's lives. Just like mothers, they are pillars in the development of their children's emotional well-being. Fathers are generally looked to as authoritarians who set rules and enforce them. They're also there for security.
Studies have shown that fathers who are supportive and affectionate have a positive impact on their children's social and cognitive development. Fathers may also set a level of expectation for other relationships, particularly among children looking for male partners in the future.
How stock options may figure into a Nebraska divorce
Some men in the Omaha area may be fortunate enough to have an employer who offers stock options to them. A popular fringe benefit among executives and other professionals, stock options allow a person who receives them to purchase valuable company stock at a discount.
Basically, at the time a person receives a stock option, he receives a promise to be able to buy up to a certain number of shares of his company's stock at a certain time and at a certain price. The idea behind this promise is that, over time, the value of the stocks will grow.
How can I get my parenting plan changed?
As this blog has mentioned before, Nebraska parenting plans are not set in stone. Unlike with other court orders and settlements, family law judges in the Omaha area have relatively broad discretion to modify the custody and parenting time provisions in a parenting plan. The logic behind this flexibility is that parenting plans are supposed to be drafted for the best interest of the children involved, and the best interest of children can change as time goes on and different circumstances arise.
However, courts in Nebraska cannot automatically change parenting plans just because one parent thinks doing so is a good idea. The parent desiring the change is going to have to demonstrate to the court that there has been what the law calls a material change of circumstances and that the parent's new proposed plan is in the best interests of the children.
Single dads are more common than one might think
On an anecdotal level, it might seem that a single father raising his children is a rare sight indeed. However, while it is true that there are many more single mothers than fathers, dads doing their best to provide a home for their children is not as uncommon of a phenomenon as one might think.
Relatively recent statistics from the government, which were derived from the results of the last census, suggest that over 15% of all single parents were dads. Of these men, most, that is, 44%, had been through a divorce, while another one-third of them had never been married to their children's mother.
What factors influence your custody case?
When faced with divorce, you can't help but to think about the impact it will have on your relationship with your children.
Questions regarding who gets custody and who has visitation rights are sure to immediately move to the forefront.
Retirement plans present complicated issues in divorce
As this blog has discussed on previous occasions, many men in the Omaha area have a lot of wealth tied up in their retirement plans. While individual retirement accounts, or IRAs, are available, many if not most Nebraskans utilize their employers' 401(k) plans. Government jobs, as well as a few large private businesses located in Omaha, also offer pension plans.
Like other property, retirement plans can be considered marital property subject to division in a high-asset divorce or legal separation. However, under Nebraska law, not all pensions and retirement plans are automatically deemed marital property. By way of example, many men work for several years and acquire a substantial nest egg in their retirement plans before getting married.
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The Law Offices of James A. Adams, P.C., L.L.O.
5822 S. 142nd Street, Suite A
Omaha,
NE
68137
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