Taxes and Child Custody: Who Can Claim the Child as a Dependent? (And Other Exemption Questions)

When it comes to your taxes,
who gets to claim the child
on their tax return as a dependent
when you're divorced or separated?

Whether you're in the middle of a divorce, already have the decree, or are separated from your ex, you may find you have a number of questions in regards to how you'll be filing your income taxes from here on out.  I'm Dennis Gac, and as an advocate for fathers' rights, I hear a lot of questions and horror stories about how come tax time, no one wants to follow the rules in regards to claiming a child as a dependent and filing as Head of Household on their taxes.  Here is a list of the most common questions I receive regarding taxes and child custody.  Click on each question to be led to the post with the answer and explanation as to what should be done in each situation.


I have a court order saying that I have the right to claim the tax deduction on my child even though I'm the non-custodial parent, but the IRS tax laws state that the person that the child stays with more than half the year (in my case, the custodial parent) receives the tax deduction.  Which rule do I follow?

There is no court order in regards to who gets to claim our children on their taxes each year.  IRS code states that the custodial parent (or the parent with whom the child lives with) automatically receives the tax deduction.  What happens if I have no court order regarding who gets to claim the child, and I have joint physical custody of my children?

I am in the middle of a divorce right now with my wife, and plan on filing married, filing separately for taxes.  If we don't have a court order as to who gets to claim the child on their taxes, how do we determine who gets the tax credit for my son?

Does the custodial parent automatically get the tax deduction for children each year?

Are child support payments tax deductible?

In my divorce decree and parenting plan for my children, the court ordered that I would get the tax exemption for my children each year.  My ex-wife is telling me that she is going to file before me and claim the children and head of household to get a bigger tax return.  What do I do?

What is the IRS Form 8332 and what would I need it for?

I receive child support payments from my ex.  Do I have to claim this on my taxes as income?

Taxes and Child Custody: Are Child Support Payments Claimed as Income on Taxes?

I receive child support payments from my ex.  Do I have to claim this on my taxes as income?

No.  Just as your ex cannot claim the child support payments as a tax deduction, you do not have to report the child support payments as income on your taxes.  If you are receiving alimony from your ex, however, this is considered income and should be reported accordingly to the IRS on your tax forms.

For more questions regarding taxes and child custody, visit this page here!

Taxes and Child Custody: What is the IRS Form 8332 and What Would I Need it For?

What is the IRS Form 8332 and what would I need it for?

If you are a divorced or separated parent with a minor child, then only one of you will be able to legally claim your child on your taxes. For some parents, they want the child tax deduction to receive a better refund or to offset taxes that might be owed.  Others have a better financial benefit for filing head of household with the child as a dependent.  If you have been in the courtroom for a divorce or legal separation, you may already have court orders as to who claims the child on their taxes and when (some parents alternate years, or in relationships with more than one child, one parent claims one child every year, the other claims another every year).

However, if you do not have a court order in place as to who gets the claim your child every year on their taxes, then section 152(e)(1) of the IRS tax code governs who can claim the child—the parent who has the child more than 50% of the time.  In most cases, this is the custodial parent, or the parent with primary physical custody.

When one parent is claiming the child, it is strongly recommended that they file their taxes with a signed 8332 IRS form from the other parent.  This form is a technicality that just shows the other parent that they are signing over their right to claim the child as a dependent, and will help if the IRS ever audits you or your ex-wife for possible fraudulent tax claims.

For more questions and answers regarding taxes and child custody, click here!

Taxes and Child Custody: What to Do if Your Ex is Going to Claim Your Child on Taxes Against Court Orders

In my divorce decree and parenting plan for my children, the court ordered that I would get the tax exemption for my children each year.  My ex-wife is telling me that she is going to file before me and claim the children and head of household to get a bigger tax return.  What do I do?

When it comes to claiming children on taxes, any court order signed by a judge will overrule IRS tax codes.  IRS tax codes come into play if there is no court order regarding who claims the child on their taxes, or if the verbiage on the court order is unclear as to who gets the tax deduction.  Section 152 of IRS tax code covers how the tax exemption claim is determined if no court order is already in place for the parents to follow and abide by.

When claiming a child on your taxes, it is highly recommended that the other parent that is NOT claiming the child sign an 8332 IRS Form, which is the “Release of Claim to Exemption for Child of Divorced or Separated Parents.”  This is not required, but definitely makes it a little easier and lets the other parent know that they are giving up their rights to claim the child on their own taxes.

If you ex-wife ends up claiming the children on her taxes and you get a letter back from the IRS stating that you cannot claim your child because that Social Security number has already been claimed by someone else, then you could take a copy of that letter and file a motion through the courts for an order to show cause regarding contempt of court.  Your ex will then have to show cause as to why she violated the court order, and you will more than likely be compensated for what you lost out on from the claim and may even be compensated for the court costs and legal fees you incurred in order to bring the order to the courts.

For more questions and answers regarding taxes and child custody, click here!

Taxes and Child Custody: Are Child Support Payments Tax Deductible?

Are child support payments tax deductible?

If they are court ordered as child support payments, no, they cannot be tax deductible.  On the flip side, the parent receiving the child support payments cannot claim the money as income, either.  Just as if you lived together, you couldn't claim the money you spend for clothes, food, and toys for your children on your taxes, and child support payments are considered with that same concept in mind.  However, if you package your child support payments to the court system as “family support” or “maintenance,” you can have your child support payments deducted from pre-tax dollars and then could easily claim the payments as a deduction to, in a sense, lower your child support payments.  Find out more on how to set up deductible child support payments here.

For more questions and answers regarding taxes and child custody, click here!

Taxes and Child Custody: Does the Custodial Parent Automatically Get the Tax Deduction Each Year for the Children?

Does the custodial parent automatically get the tax deduction for children each year?

Yes and no.  By IRS tax code, yes, the parent with whom the child spends the most overnights with is typically the primary custodial parent and will receive the tax deduction.  However, there are a number of situations in which a judge will rule and sign an order to state that a specific parent will have the right to claim the tax deduction every year for their child, or that each parent alternates years in which they can  claim the child as a dependent.  If there is a court order in place in regards to who gets to claim the child on their tax deductions, then that is what should be followed over IRS tax code—IRS tax code is always overridden when there is a signed court order in place.

For more questions and answers regarding taxes and child custody, click here!

Taxes and Child Custody: Married, Filing Separately--Who Gets to Claim the Child on Taxes Without a Court Order?

I am in the middle of a divorce right now with my wife, and plan on filing married, filing separately for taxes.  If we don't have a court order as to who gets to claim the child on their taxes, how do we determine who gets the tax credit for my son?

There are two rules that govern who can and cannot file for a child's tax deduction: court orders and IRS tax code.  If you have a court order, this overrides the tax code rules, but the IRS does have a way of determining who gets to claim a child on their taxes.  The IRS determines a claim based on who the child stays with the most.  This is figured by overnights.  So in 365 days of the year, how many overnights did the child have with you?  If it was 183 days or more, then you could claim the child on your taxes.  The smartest way to do this with little irritation from the IRS is to have your ex sign IRS Form 8332, “Release of Claim to Exemption for Child of Divorced or Separated Parents.”

For more questions and answers pertaining to child custody and tax exemptions and deductions for single fathers, click here!

Taxes and Child Custody: Joint Physical Custody of My Child and No Court Order Regarding Who Gets to Claim Child on Taxes?

There is no court order in regards to who gets to claim our children on their taxes each year.  IRS code states that the custodial parent (or the parent with whom the child lives with) automatically receives the tax deduction.  What happens if I have no court order regarding who gets to claim the child, and I have joint physical custody of my children?

When the children are split equally time-wise and there is no court order, it can be more difficult to determine who gets to “technically” claim the children each year.  If you and your ex cannot come to an agreement or an arrangement on who claims when, then you have two options—you can either go back to court to have a judge rule and create an order that works best for the two of you, or you could actually figure out who had the children most during the last year.

With no court order, you need to go with what is set forth in Section 152 of the IRS tax code.  Physical time with each parent is considered by how many nights the child stayed at the parent's place.  So out of 365 days, how many days did the children spend the night with you?  If it is less than with your ex, then your ex could legally claim the exemption.  If the children spent more time with you, then you have the right to claim them and claim head of household as well.  As long as your children spent the night at your place for 183 days out of the year or more, then you can claim the children on your taxes and receive the child tax exemption.  If doing it this way, you would need your ex to sign the IRS Form 8332, “Release of Claim to Exemption for Child of Divorced or Separated Parents.”

For more questions and answers regarding taxes and child exemptions and deductions, click here!

Taxes and Child Custody: Do I Follow Court Order or IRS Tax Code to Claim Child Exemption on Taxes?

I have a court order saying that I have the right to claim the tax deduction on my child even though I'm the non-custodial parent, but the IRS tax laws state that the person that the child stays with more than half the year (in my case, the custodial parent) receives the tax deduction.  Which rule do I follow?

Sometimes, when it comes to divorce or custody cases, there are sometimes situations in which the court will rule certain circumstances in regards to claiming a child on one's taxes.  For example, if you were going through a divorce case, you may have mediated with your ex-wife and worked out an agreement that although she had more time with the children, that you were to claim the children on your tax returns as head of household to receive the tax benefits.

When it comes to court divorce decree versus IRS tax code, a signed order by a judge overrides the IRS tax code.  So if you have a signed court order stating that you are the one to receive the tax deduction, then this will override any IRS tax code that is in place in regards to claiming a dependent child.  If you and your ex agree to alternate years, you may need to fill out and sign IRS Form 8332, which is a “Release of Claim to Exemption for Child of Divorced or Separated Parents.”

If you file for the exemption and later find out by the IRS that your ex filed for the exemption on the child against court orders, you would then file through the courts a motion for order to show cause regarding contempt, as your ex would have violated a court order by claiming the child even though a previous order ruled otherwise.

See other questions related to taxes and child custody by clicking here!

Kate Gosselin suing Jon Gosselin (Jon & Kate Plus 8) for child support?!

According to a number of online sources, including rightcelebrity.com, Kate Gosselin from Jon & Kate Plus 8 on TLC is suing her ex husband Jon Gosselin for $125,000 in back pay of child support.  He was already ordered by the courts to pay her $22,000 a month in child support for their eight children, even though Kate is still bringing in money from the show and gets free promotional items from the show, as long as has her children's food, clothes and toys paid for in full by donations to the show from large companies looking for product placement.

Since Jon Gosselin is no longer able to work for TLC, he cannot afford the $22,000 a month in child support--since he's not making near what he used to when he first split from Kate.  Many people are wondering why he even needs to pay child support when Kate Gosselin is obviously doing just fine on her own with TLC furnishing almost everything for her children.

What do you think?  Is it fair that Kate Gosselin is upset about child support payments from Jon Gosselin that she obviously does not need?  Is it fair that Jon Gosselin is ordered to pay an outrageous amount of child support for children who are handed everything in life, and for an amount that he can no longer sustain now that he is not employed with TLC?

Religious battle causes father to lose custody?

A man in Anderson, Indiana is filing an appeal against a decision that a judge made regarding his custody--by using his religion against him.  The following is an excerpt from an article in USAToday:

Craig Scarberry, 29, of Anderson says a recent ruling granting sole custody of his three young children to his ex-wife included two references to his religious beliefs. The ruling noted that Scarberry and ex-wife Christine Porcaro did not participate in the same religious training and said that when Scarberry, who is agnostic, had followed the Christian faith, "the parties were able to communicate relatively effectively."

What do you think?  Should religion determine a parent's ability to raise their child?

Read more about this article here on USAToday.com!

Understanding a Financial Power of Attorney

Go to fathershelphotline.com
to order yourself a copy
of the Asset Protection
Plan eBook, which covers
wills and living trusts
for fathers.

A financial power of attorney (or POA) is giving another person or agent the authority to make financial decisions on their behalf. Normally, people get nervous over this thought. However, a person can assess the need of a financial power of attorneybased on his current lifestyle.

In doing this, there are valid reasons to consider for an issuance of a POA. A need must be determined before doing this. It must be noted that a power of attorney is a legal document that allows someone to conduct/implement business on your behalf. Therefore, confidence and trust to the person issued a power of attorney must be ensured. A power of attorney may come in as financial and medical.

A medical power of attorney must be have a specific information on who can make medical decisions in times that someone becomes incapacitated. During times of incapacity, this person will make decisions for you as you not able to make valid decisions for yourself. However, experts advise that financial powers of attorney should not include medical information.

On the other hand, a financial POA has two types, the durable and the non-durable. The difference of these two types of power of attorney must be very clear to the person doing this. In most cases, people use the durable powers of attorney in the event that a chronic illness is being involved or the future when it will be foreseen that such illness can be disruptive to the person. Regardless of what purpose there is, a person must ensure his security before issuing a POA.

Scenarios of Dying Without a Fathers' Rights Will

Most fathers right now are not completely aware of how important a will is, especially when they have minor children. This may be because of lack of education and they do not feel the need as it is not something being widely practiced. Browse through The Fathers' Right Asset Protection Plan by Dennis Gac to discover why will is something that should be given attention at this day and age.

• Unmarried fathers: The law says that when a single father dies, all of his wealth will directly be distributed to all of his children. In case the child is not of legal age or minor and there is no will created, the court will nominate a guardian and at the same time an administrator of all the father's properties until such time that the children are able and of legal age. The risky part here is that the person who will be entrusted with your possessions and children may not be the person you would like to assume the position.
• Married fathers: Negating the public perception, the entire wealth of the decedent patriarch will not automatically be given to the spouse. At least one-half or one-third of all assets will be awarded to the spouse if there is no will executed. The remainder will be divided among the children. Now, what if divorce is on-going. The amount you want your children to receive may not be given to them because the law states the above-mentioned provisions in case of death and will is non-existent.

It is important to have a will no matter where you are in your stage of life, married with or without children. Knowing who will have custody of your children and who will receive assets and property after your death will help ease any confusion and anger that may be left behind you.

Understanding a Will and How it Pertains to Fathers' Rights

Most fathers today are not fully educated on many issues governing their roles as the head of the family and their rights over their properties. Perhaps, it is about time for you to read The Fathers' Right Asset Protection Plan by Dennis Gac. This very comprehensive material enumerates critical issues and rights a father must assert. One of the focuses of this book is understanding the importance of a will.

Dying without a will is essentially the act of leaving all your assets and properties to the state. The danger here is that your valued possessions may be given to a person you distrust. To further document your intentions on how you want your wealth to be distributed when you pass away, it is recommended that you execute a will. Specifics like giving your vacation house at French Riviera to your eldest daughter, your ancestral house in Spain to your 2nd son will be enclosed with a will, or that 60% of your corporation be given to a chosen charitable institution.

More than the re-allocation of your assets, a will is very important when you have minor child or children. A will allows a parent to nominate a guardian who will be responsible of the minor's welfare. Although courts have the final say when talking about child custody, they would normally honor the deceased parents' wishes. Without a will, the state will be the one to nominate a guardian for the child. What is risky about this is your child may live with someone you do not completely trust, or, depending on the relatives and family around the area, they may end up being placed in foster care after your death. This typically goes against the standard wishes of parents, so naming someone as a guardian is an important thing to address in your will.

Specific Case Law Examples for Your Fathers' Rights Custody Case

When it comes to writing a compelling court argument, it is important that you reference certain case law and past cases that have dealt with similar issues. Here is a quick list of cases to reference and research further into to help you in pursuing your custody case pro se, whether you're on the defense or the offense:

Jarrett v. Jarrett (1982) 102 S. Ct 1388 - If dealing with an ex-wife that is attempting to terminate your rights as a father.

Craig v. Boren. 429 U.S. 190, 197-199 (1976) - Proof that the courts cannot subject men and women to disparate treatment. This case states that men and women cannot be treated unequally.

Roe v. Wade. 410 U.S. 113 (1972), 162-63 - Regarding the fundamental rights a parent has to care for their children.

Dunn v. Blumstein, 405 U.S. 330, 342 - Can be paired with the above Roe v. Wade as it is additional case law regarding fundamental rights of parents.

Pierce v. Society of Sisters, 268 U.S. 510, 534-35 (1925) - Case that proved fathers should be free from unreasonable State interference when raising their child/children.

Lehr v. Robertson 463 U.S. 248. *264: 103 S. Ct. 2985 - In regards to existence of substantial relationship as criterion in best interests of the child.

Meyer v. Nebraska, 262 U.S. 390, 399 (1923) - Proving the right the conceive and raise one's child

May v. Andersen. 345 U.S. 528. 533 (1953) - Proves that father's "rights far more precious...than property rights" when it comes to raising their children.

A little research into these case law references may help you with your father's rights case. There are a number of important cases, both locally and federally, that may assist you in protecting your rights as a father.

Dennis Gac is widely known as "The World's premier fathers rights Consultant!" But why would you care? Well, I'll tell you if you rush over to his site... I think you'll come to your own conclusion that he "IS" the real deal! Experience someone who works and thinks outside the box for you! Read what others have to say at.... http://www.fathershelphotline.com/.

No Child Support? No Car! New Ontario Law Starting Next Month

Next month, as of December 1st, a new Ontario, Canada law will be in effect that will allow local police the ability to impound vehicles of parents that fall behind on their child support and alimony payments.

But really, what good will this do?  In most cases, the reason payments are not being made is not becuase the parents are refusing to pay them, but because the parents can't afford to.  Take away the car they need in order to get to work every day, and you've just made a mountain out of a molehill.  Eliminating a parent's transportation to their job could cause them to lose their job, thus keeping them from being able to make any payments at all--it just makes the problem even worse.

In addition, when the Family Responsibility Office mishandles or loses a payment and someone's car is towed for all the wrong reasons, this can create quite the dilema for all involved.

In order for someone to modify their child support or alimony payments, they need to hire a lawyer, but if they can't pay a lawyer, they must pay the family support payments.  It creates a lose/lose situation for any parent in a financial bind.

Read more about this new upcoming law from the National Post.

Excellent Resource for State Statutes on Child Abuse and Neglect

When it comes to divorce and custody cases, sometimes the mothers of the children will falsely report allegations of child abuse, domestic abuse, or child neglect against the father in an attempt to gain legal leverage in their court case.  This can cause a horrible chain of events that can scar any good father for life, and create a headache when it comes to disproving the allegations.  There are, however, statutes in each state that can protect you and can assist you in getting legal, civil retribution to those who make these false claims and cause defamation to your name for the accused.

If you are looking for the specific statutes in regards to child abuse and neglect in your own home state, there is a wonderful resource at childwelfare.gov.  This site has a searchable database of state statutes and laws regarding the abuse and neglect of children.  This can be great for those of you preparing legal documents and needing to reference a specific state or federal statute in your paperwork.

Also, soon there will be a new, updated eBook called "The Fathers' Rights Guide to False Allegations of Abuse," which will include helpful information like this, and more, to those of you fighting for your defenses to be heard when accused of abuse that never actually happened.  Malicious moms around the world are known for making false accusations in order to gain headway in a messy custody case, so be sure you know your rights and ways to protect yourself from your ex causing additional drama and headache in an attempt to show you in a bad, unfavorable light for her own benefit.  Check out the fathershelphotline.com for information on obtaining the false allegations eBook, along with the other eBooks included in the collection of the Fathers' Rights Protection System.

Milwaukee's Fatherhood Summit in Wisconsin Makes the 5:00 News!

For men who have been fighting the system when it comes to getting custody and being a father in the court's eyes, it has been a difficult road.  Which is why one group in Milwaukee is stepping up and reaching out to fathers in need of moral support and assistance.

The Milwaukee Fatherhood Summit, themed "Empowered Fathers, Bridging the Gap," was a get-together for fathers of all ages and situations where they could come together, share their story and learn how to reverse bad credit, fix their driving records and catch up on child support back pay, helping them find success in the family courts.

As Terence Ray, the founder of the Milwaukee Fatherhood Initiative, stated in the following video, "Empower someone to put on his Superman cape, if you will, and knock down some of those obstacles, in fact, to be a better father."

For more information, you can read the story from Fox6Now.com or watch the embedded news story below.

What Happens During the Adoption Process if You're Left Out of the Paternity?

So here's a scenario for you--say you had a fling with a married woman.  You found out she was pregnant, she says you need to break up.  Down the road, you find out that she had the baby, and her and her husband signed the papers to allow the child to be adopted.  You have an inkling that the child was yours--what do you do now?

One Ohio father did what any biological father would want to do--he filed with the courts to establish paternity of the child, and then fought for his son back from the adoptive parents--three years after the baby boy was born.

The biological mother claimed her husband as the father--however, due to divorce, her and her husband signed over papers to allow the baby boy to be adopted--all of this was done without the true father's consent, and even though it is years later, he has the right to take his child back.

Read this man's story on ParentDish--and decide for yourself--when adoption agencies collect and gather information about the parents of the baby, should they do a paternity test as well to establish them as the true parents to avoid situations such as this one?

Trend of 50/50 Custody is Growing

Holly Davis, a family lawyer in Austin, Texas, has released information that shows that 50/50 joint physical custody is becoming a more popular trend in America today.

"You're definitely seeing more 50/50 custody situations, and I think that's attributed in large part to changing gender roles," says Davis.  "More women are pursuing careers, and more men are choosing to focus on their children."

This is a great thing to hear; however, it does not mean that 50/50 physical custody arrangements are a good fit for every family.  Some circumstances may make it difficult or impossible, such as location of the parents, the communicative abilities of both parents, and the willingness for each parent to be a positive influence on the children instead of causing arguments and negative energy whenever the kids are dropped off or picked up by the other parent.  Just like there is no cookie-cutter divorce, there will never be a cookie-cutter custody arrangement that works for every family.

Read more about Holly Davis' findings on PRWeb.com!

Joel Leyden Speaks Out

YouTube is a wonderful place for dads all around the world to speak their mind about the pain and suffering they are dealing with when it comes to being separated from their children.

I have no words for this.  Joel Leyden from Isreal pours his heart out in this YouTube video.

UK Dads Dress as Superheroes to Combat the Child Support Agency

Stourbridgenews.co.uk

Costumes aren't just for Halloween--they're for superheroes, too--superheroes like fathers!

A number of dads from the "New Fathers 4 Justice" group stood outside the Child Support Agency in Waterfront dressed as Superman, Batman, and even the pope to help make a point--fathers deserve better rights to their children, and the chance to be dads.  

Read more about the demonstration at Stourbridge News!

The Growing Trend of Stay-at-Home Dads

Who says its all up to the woman to cook, clean, and care for the kids?  These days, the growing trend of stay-at-home daddies is continuing to rise, despite the economy.

There are many reasons why stay-at-home dads are on the rise.  In this story posted by Conducive Chronicle, one particular stay-at-home dad in this article was faced with a layoff due to the company he worked for going bankrupt.  His partner was climbing the corporate ladder, but was being held back with the stress of raising children and caring for the home.  They easily switched roles and haven't been happier!

Another situation describes a father who took paternity leave, and ended up never going back to work.  As he stated, "I had the better temperament and my wife had a much better job."

This reversal in gender roles is embraced by many, but questioned by some.  Aren't mothers the "nurturers?"  The men are supposed to be "hunter/gatherers" while the women are supposed to "prepare the food and care for the children."  ...right?  Wrong.  This modern society brings about a whole new group of stay-at-home parents, and you never know when you could be the next Mr. Mom!

Read more about the growing trend of stay-at-home dads at Conducive Chronicle.

Father Gets Rights by Judge to Baptize his Child in the Catholic Church

A huge step in courtroom rulings happened last week—a judge ruled that a father from Illinois could have his child baptized within the Catholic church, which was the religion that he was raised with. This happened after an extended court battle with his ex-wife during their divorce case. This is an amazing step for courts, and now this brings up the question of how much a judge can intervene when it comes to the religious upbringing of children of divorce.


Read more about this story at PRNewsWire.com regarding this successful breakthrough in the courts for fathers’ rights!

Chicago-based Father Fights for Custody from Non-Related Couple

Earlzell Orr, the father of an 11-year-old boy in Chicago, Illinois, is headed to court today to fight for custody from a non-related couple that gained temporary, emergency custody after the death of his mother. 

Orr is fighting to get custody of his son since the court has not yet granted temporary or permanent possession of the child, but yet they have access to the mother's bank accounts which is where the child support payments have been deposited.  One of the adults given emergency custody is also a convicted felon, and attorneys specializing in fathers' rights are petitioning for custody on behalf of Orr.

Our thoughts are with Orr as he fights for what he rightfully deserves--his son!

For more information regarding this court date, see the full press release here.

WCCO Article Discussing the Shift in Family Courts

When it comes to divorce and custody cases in the family law courtroom, it seems that there has been a substantial shift that gives fathers a new "edge" against their wives when it comes to getting custody of their children.  

Minnesota's WCCO News anchor Jason DeRusha recently delved into the amazing shift happening in family law courtrooms, the fact that judges are loosening up in terms of their "biased" favoritism of women who come forward, wanting sole custody of their children.

Pamela Waggoner of the Minnesota Bar Association, stated, "I think it's a reflection of a change in society. You no longer have the traditional family unit where there's one breadwinner and one stay at home parent. Right now, you have two people -- where both people work,"  No longer can anyone rule in favor of the "tender years doctrine," which claimed younger children were automatically better off with their mother due to the care-taking responsibilities that mothers once had as stay-at-home moms and homemakers.

To read more about this amazing breakthrough in family law, check out the WCCO article by Jason DeRusha here.

"Why? Because She Wears a Skirt and I Don't." -Bob Norton, MA

Bob Norton
clevelenterprises.com

Bob Norton of Massachuessets has been burned in the past with a horrible divorce that resulted in little, limited custody with his children.  His divorce has left him to file bankruptcy, give up his pre-marital home, and also left him in the situation of an unfair court order for child custody and visitation.  As he stated in his video taken during the ACFC (American Coalition for Fathers and Children) Conference on September 15, 2006:

"And so now I see my children about two hours a week under supervised visitation because my wife, who has had a 15-year emotional instability history and psychiatric treatment and is on drugs for mood control, suffers from four or five different symptoms and conditions that sometimes converge, has complete control of my children.  Why?  Because she wears a skirt and I don't.  That's how the systems work today--the judges are overloaded, they rubber stamp, they go to lunch, and that's a higher priority than getting justice and getting whats best for the children."  (See YouTube video below for full audio)

Recently, there has been news from Boston.com that Massachusetts State Senator Cynthia Creem has been "attacked" by Bob Norton, who runs and maintains the website FathersUnite.org.  He has reportedly been distributing flyers around the area that claim Creem is attempting to "block legislation that would reform state alimony laws."  This comes about because she is also a divorce attorney, and the purpose of the flyer is to encourage others to not vote for Creem during the September primaries.  She claims that the information on the flyer is untrue, is not based on any fact, and although disparaging, is looking forward to running for re-election for the 13th year as state Senate.

Best-Selling Author Louis de Bernieres Shares his Story of Despair

Louisdebernieres.co.uk

Known for penning the book "Captain Corelli's Mandolin," Louis de Bernieres has come public about how his recent family split has caused him a great deal of depression and despair due to his limited access to his children.

Living in the United Kingdom, de Bernieres revealed the pain and depression his parter Cathy Gill caused him after taking custody of their two children, ages five and two, and limiting the access he had to them.  This led him to become a patron of Families Need Fathers (or FNF).

In an article with Emily Andrews, de Bernieres states:

"It was really dreadful...the worst thing, practically, was finding the house so quiet, because it was always so full of laughter and rampaging and stampeding.  There was always a lot of noise and fun, and it suddenly went quiet...the emotional desolation is hard to describe.  There were many times when I felt suicidal.  One of the most extreme things you feel is a fantastically deep, bitter, anger at being treated so outrageously."

This is a perfect example of the rights fathers need and should have in the courtroom when it comes to their children.  The effect of losing one's children can be devastating, and de Bernieres is publicly speaking out about how the break up affect not only the kids but him as a father.

Rob Hahn's Candidacy Lost Due to Restraining Order Issued During Divorce?

RobBobforGov.com

Rob Hahn, resident of St. Paul and former candidate for governor, recently lost his Independence Party campaign against competitor Tom Horner.  To some, this comes as no surprise, after he spread the information of his restraining order against his wife during their divorce case one year back.  Hahn was recently interviewed by Gail Rosenblum of the Star Tribune, and confessed to his mistake and lack of anger management in the situation:

"It was a horrible mistake that I want to help others going through similar situations avoid making...ironically, I'm in a good position to do so because of my own experiences."

In his interview with Rosenblum, he continued to talk about how what he did was not okay, and the steps he has taken in anger management to help him better prepare himself for other stressful situations that may arise.

Dayton, Ohio Adoption Case Strengthening Father's Rights for their Children

In Dayton, Ohio, one case regarding an adopted two-year-old girl has brought national attention to adoption rules and how the "system" works when it comes to a father's rights to their children and their ability to stop adoption proceedings that occur without their okay.

The article from The Columbus Dispatch quotes Susan Eisenman, an adoption lawyer from the Upper Arlington area: "I don't think it's hit people yet just how persuasive this might be...if the guy doesn't want the adoption to go forward, all he has to do is file a paternity suit."

This might be a big step for fathers' rights in the eyes of the adoption industry.  Read more here!

--National Brotherhood of Fathers' Rights

Ricard Martinez of Racine, Wisconsin Camps Outside Courthouse to Encourage Others to Join for Fathers' Rights Rally

JournalTimes.com photo, Ricardo
Martinez stands up for fathers' rights!

Let down by the courthouse a number of times in his own divorce and fathers' rights case, Ricardo Martinez, 34, of Racine, Wisconsin is now unemployed, homeless, and rallying for his kids from outside the Racine County Courthouse.  He's been burned by the courthouse, as have other fathers before him, when it comes to custody and visitation of his kids, and he's not going to take it quietly!

("Father Camping Out by Courthouse, Advertising Rally" Article by JournalTimes.com can be found here)

Wednesday, August 18th, 2010, outside of the Racine County Courthouse at 9 a.m., 730 Washington Avenue, Martinez will be joined by at least 150 fathers protesting the courthouse for their choice in distanting fathers from their children.  In fact, Martinez also rallied back in March by carrying a homemade wooden cross around the courthouse for a week.

All I have to say is, GO RICARDO!  If enough fathers step up to the plate to have their voices heard, perhaps the courts will understand that parenting is a two-person job, and requires BOTH the Mother and the Father to have equal time and justice!

Finally, One Country GETS IT!

I'm appalled that the United States court has NOT had such a positive ruling for fathers like Germany has recently put into place.  As stated in this article on this website, "Germany's constitutional court gave unmarried fathers greater custodial powers...when judges said the current law violates basic parental rights."

"The constitutional judges said there was nothing wrong with initially granting custody to the mother if a child is born out of wedlock; however, they said it infringed on the father's rights if he had no legal recourse to challenge that decision or request joint custody."

Finally, someone GETS IT!  Read more about this story here, and lets continue to fight in the US for the same parental rights deemed appropriate for Germany.  If it's good enough for Germany, it's good enough for us!

National Brotherhood of Fathers' Rights is on Facebook! Come Join Us!

As some of you may have already noticed, we're on Facebook!  Please, check us out, "like" us, and spread the love to your friends--invite everyone you know that believes that both parents are best to join our cause!  Fathers have rights, too, and the more people know, the more they will understand the importance of fatherhood in every child's life!  Hopefully, down the line, we can all band together to eliminate sexism in the courtroom and show that a child with their father in their lives is the best possible outcome of any divorce!  Click the link below to go to our Facebook fan page to "like" us and share with the ones you love!

National Brotherhood of Fathers' Rights on Facebook!

Thank you for your continued support!

Divorce Court 101: How to Avoid Becoming a By-Stander in Your Own Legal Case

Many times, fathers feel like whatever the judge says, goes. This is not the case. In fact, too many fathers become by-standers in their own divorce case. And here's why.

First off, you need to full understand how family law works. By being familiar with how the courtroom works and sitting in on some family law hearings, you will only then begin to truly understand the court system and how judges react to divorce cases. This can be especially helpful if you sit in on family law hearings being overseen by the same judge that is handling your divorce case. This way, you have a little insight as to how the judge operates, and can use these observations in your favor while in court with your ex-wife.

Second, remember that no matter what the judge decides, it's not the final say by any means. In fact, when you're dealing with the court system, you need to remember that it's all about pushing the paperwork--and that means appealing any decision the judge has made that does not lie in your favor. In essence, you're creating what I like to call a "Paper Blizzard." This is when you basically file paperwork for every little thing, which in turn creates more paperwork for your ex-wife and her attorney, which can increase the financial--and emotional--stress and costs on the opposing side. This can sometimes help you level the playing field with your ex, and make her understand that you won't be backing down anytime soon. This can help increase the chances that a settlement will be agreed upon, or that negotiation will help resolve most of the issues that are being dragged into the courtroom.

By pushing the paperwork and showing the judge and opposing counsel that you are going to be persistent in pursuing the results that you want from the courts, you will help assist your father's rights case and help push it in the direction of continued potential and success.

Are you looking to fight for your fathers' rights in court?  Get a free case analysis by Dennis Gac at http://www.fathershelphotline.com and help get yourself on track for a successful fathers' rights case!

One Father Speaks Out About His Struggles With The Courtroom and Fathers' Rights

Rodney Gehly wrote the "Father's Rights Song" that was recently posted on YouTube for all to enjoy.  It talks about the struggles with what's really, truly right and in the best interest of the children, and speaks from the heart.

I wrote this song awhile back when I was in the middle of a divorce. I feel very fortunate that I have joint custody of my two sons. I was amazed at the blatant, open discrimination that fathers face in our so-called "justice" system. Every divorced father that I speak with seems to have a horror story to tell regarding their financial and custody arrangement handed down by a judge.

What's even more amazing is that this corrupt system continues every day here in America. Women are very hype to how this system works and file for a "protective order" or "restraining order" merely as a tactic to gain custody of the children...which also by default will gain her the home and child support. A woman can commit adultery and still be awarded everything in court. As long as judges keep rewarding the bad behavior of some women...the more this manipulation will continue.

"No Fault" divorce is not working and a very big part of the problem. What would happen if we took this concept of "No Fault" into the business world?  You could simply choose not to honor any contracts signed. The business world would fall apart overnight. Guess what?..that's what has happened in the "marriage" world and it has fallen apart. Our court system is basically a cash cow for low life attorneys, biased judges, and bad women.  

I want to state that I appreciate the many good women that love God and their families. And I hope you enjoy the song...it's meant to encourage fathers to not give up.

This song is for every man out there that feels as though they have hit rock bottom in the courtrooms, that feel as though the system is not on their side, and who are looking for that light at the end of the tunnel.  Enjoy!

Welcome to the Fathers' Rights Help blog!

Thank you for visiting the Fathers' Rights Help Blog, started and maintained by one of the world's premier fathers' rights mentors, Dennis Gac.

When it comes to fighting for your rights as a father in the courtrooms, whether it be gaining custody of your child and setting up child support payments from an ex-girlfriend or fighting your ex-wife for visitation or custody of your children from your marriage, Dennis Gac can help advise you as to how to find success in the courtroom, regardless of the "pro-Mother" courtroom and family law.

This blog will be a constant and continual source of information for fathers looking to gain custody of their kids, increase their visitation, or for anyone looking to help someone that they know that is losing their battle in the courtroom.  We will include up-to-date information on changing custody arrangements allowed in family law, tips and techniques to help you find success in the courtroom, and even common questions and answers that fathers (and the ones that love them) tend to ask during legal battles.

We hope that you continue to visit the Fathers' Rights Help Blog (conveniently located at fathersrightshelpblog.com--bookmark it now!), and follow it regularly to ensure you have the latest information and the positive techniques and tricks that you can use in order to succeed in the courtroom and get the chance to enjoy fatherhood to its fullest!

Dennis Gac
Founder of the National Brotherhood of Fathers' Rights
http://www.fathershelphotline.com