Legal Questions Tips

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Will I be Awarded Custody of my Kids

I get many questions surrounding divorce from dads. A divorce can be a very stressful and uncomfortable time in the lives of everyone involved. One of the most asked questions I receive is: How did you get custody of your kids? And shortly after I get asked that question this one follows: What do you think my chances are that I’ll get full custody of my children? The answer to that question is different for every marriage. For duel income families dads have just as good of a chance to obtain full custody as mom. The question is: how many dads want full custody? I have full custody of both my little girls because that’s what I wanted it and I was willing to do anything, within reason and the law, to get full custody. So for all you dads out there that say you want your kids, if you want them then go get them! It’s really that simple. Find an attorney, tell him/her what you want and most importantly, stay out of their way. For the dads out there that haven’t lived up to their vows, chances are if you didn’t live up to your side of the deal the court will favor against you. For the dads out there that are the primary bread winner, chances are that’s the role you’ll continue to play as your wife continues her role as primary caregiver. Unless she does something terribly wrong to warrant the court to hand the children over to you. If she’s a good mom then more than likely she’ll keep the kids. Remember whatever the situation respect you children’s mother and cherish the time you do spend with your children.

How much child support should I ask for?

How much?

For child support, stick with the average for your area. Ask the custodial parents you know what they receive and what their ex's gross wages are. A good guideline is 13% of her gross wages for the first child and 3% of her gross each for every other child.
Courts may be unfair to custodial fathers, so do the calculations and let the judge know you know what the figures are.

How long do I have to challenge paternity?

Statute of Limitations

Generally there is no statute of limitations on paternity. Most courts hold that once acknowledged, paternity exists and exists forever. However, there are some changes coming. By some estimates,about one third of today's children are fathered by a man other than the husband of the mother. Some courts are allowing men to disallow paternity by showing via genetic testing that they are not the father. The rule seems to be that if the father has objected before the child is 2 years old, the objection is valid.

How much child support should I pay?

How much?

Generally speaking you should pay 13% of your gross wages for the first child and 3% of your gross each for every other child.
Obviously, this varies a lot between jurisdictions.

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John Valadez