Divorce Rights For Fathers Whilst Fighting A Restraining Order During Holidays

When you're asked to think about the holiday period and what it means to a family

, you may picture a Christmas morning with children unwrapping presents. Or the delighted look on your son's face as he opens a birthday present. Or maybe it's the picture of a Thanksgiving meal and the laughter at its busy dinner table.

Whatever your idea of a family gathering is, divorce rights for fathers are never a more painful topic to discuss than around the holiday period. Fighting a restraining order, figuring out how to win a custody battle - it doesn't make for a happy time, either for you or your kids.

Because of this, it can be hard to know how to handle holiday periods. Unfortunately, even if a father is fighting a restraining order which has only named his ex as a plaintiff, it's normally extended to the children for practical purposes. Basically, whilst there is often only a legal restriction on seeing your ex, you don't get to see your children anyway. It's a terrible situation, and this article has been written to advise on how to claw back some of the divorce rights for fathers that you should be getting.

1. Demand a holiday-specific parenting schedule plan during negotiations.

Some states have these written into visitation rights plans automatically, but a lot don't. Often, it's a matter which gets left alone by lawyers, who concentrate too much on obtaining visitation agreements for during every working life. They may get distracted during discussions for maintenance. Or place so much work into fighting a restraining order against you, that there isn't enough time (or in some cases, cash) to deal with "extras" like paperwork for holiday visitation rights.

2. Emphasize that this isn't a trivial matter.

An increasing number of states agree that parenting time takes priority over other considerations. If your ex is a devout Christian, for example, and her excuse is that the children need to be with her every year to attend church service, you need to argue your point. Be reasonable - such as offering to take your children to a mutually acceptable prayer service as long as they get to stay at your place on Christmas Day.

Or if your ex claims that it's a long-held tradition in her family to go out for a birthday meal with children, argue that it's YOUR family tradition to visit the zoo (as long as you can prove it, of course). The idea is to always ensure that your divorce rights as a father are in no way more trivial than her own.

As long as you're offering to meet her objections with an appropriate defense, there is a good chance the judge will listen to your side of the story - and rule in your favor.

3. Know your legal rights.

When you pay your ex a regular child maintenance payment, you are entitled to visitation rights. If you're fighting a restraining order and she has named the kids on the paperwork, your first port of call should be to get it rescinded. But after that - or if she's only named herself on the phony allegation filing - you should be aware of what rights you are entitled to. Knowledge is power, and you don't get a second chance at raising your children, so they are relying on you to make the right moves, first time and every time during the case.

by: Adam J. Jenkins

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