‘child custody’ Tagged Posts

Tips To Help You Win Your Custody Battle – Part 2

Obtaining a divorce can be an extremely difficult time for a couple, even if the divorce is friendly. With a collaborative divorce, the question of ...

 

Obtaining a divorce can be an extremely difficult time for a couple, even if the divorce is friendly. With a collaborative divorce, the question of child custody can often be addressed by a simple agreement, without much trouble. If a divorce is challenged, however, the question of who gets custody of the children can become a substantial hurdle. If you should happen to find yourself in this difficult situation, there are certain things that you can do in order to make it more likely that you will be able to obtain the custody of your children when the case is settled.

* Maintain a detailed calendar of anything that involves your children, and the daily details their care. You need to be aware of the activities they are involved in, and know what their daily schedules are. You also need to keep track of the details of any situations where your ex was unable or unwilling to fulfill obligations involving the children – whether it involved picking them up at a certain place and time, or dropping them off on time, or other instances of failures to fulfill commitments.

* It is vital that you be as flexible as you can possibly be when it comes to making adjustments to your situation to be able to accommodate the needs of your children – and your former spouse (although that may be a tough pill to swallow!) – when it comes to your children’s schedules. Whenever you can manage it, be very cooperative if you are asked to make adjustments to the days or weekends when you are scheduled to have the children. By doing this, you make it evident to the Court that you are making the welfare of the children your top priority, and placing your own needs below that.

* Be ready to present to the Court arguments as to why custody shouldn’t be given to your former spouse. Keep records of how much they stay involved in the daily details of your children’s lives, and how willing or unwilling they have been to accommodate changes that become necessary in matters that their schedules. If you can show the Court that the children would appear to be less important to your ex, it can help greatly in making your case.

* If your ex-spouse’s past includes a history of poor mental health, drug or alcohol addictions, or if they have a criminal record, these are highly legitimate issues that must be brought to the attention of the Court to reinforce your argument that you should receive custody. Inappropriate behavior by your ex with a new lover or sexual partner when the children are present is also an important issue that you should present to the Court. Any major issue that might be deleterious to your children’s well-being is a legitimate issue for the Court to review when hearing your custody case.

* Make your best effort to hire a competent attorney who can help you with your custody case. An attorney who truly has your best interests, and those of your children, at heart will be your best ally in your case for obtaining the custody of your children. It is also true, however, that finding that special attorney is often an almost impossible task. As a result, you need to have a “fall-back”, some resource that can provide an additional source of help you just in case your attorney turns out to be lazy, and simply interested in biling hours while doing little actual work. Another situation that can, and often does, come up with an attorney is that they are simply too busy to keep up with all the important psychological and legal approaches, the kinds of evidence, and types of accusations that work (or fail to work) in the Family Courtroom.

The one best way to get access to this kind of information is to obtain a Custody Guide that has been written by true experts in the field – experts who have all the needed experience and know-how to compile the pertinent information, and to present it in a way that makes it easy for a person without legal training to understand it, and use it. There are various sources for this type of guide that will help you find your way through the often difficult legal landscape that is Child Custody. The links in the resource box will provide further information.

Learn more about more effective ways to succeed in your custody struggle. Get your copies of two FREE reports about child custody by clicking: Free Child Custody Reports. Then, find more resources at web-omnibus.com.

Tips For Winning Child Custody, Part 1

 

If you are caught up in divorce proceedings, it can be an very stressful experience, even when the divorce is friendly, and not filled with anger. When you have an uncontested divorce, the issues of child custody can usually be taken care of by mutual agreement, without lots of drama and disagreement. When a divorce is contested and filled with anger, however, the matter of who gets to have custody of the children can become a major combat zone. If you should find yourself involved in this kind of situation, there are certain things that you should try to do to help improve the odds that you will be able to win your struggle to be granted custody of your children.

* Be very careful that you don’t expose your children to environments that are not healthy, or that could prove harmful to them in any way. If you smoke, by all means stop – at least when your children are around you! If stopping is totally impossible (that is, if cigarettes are harder to give up than your children), then at the least, you must not smoke when you are with them. Not only is it extremely harmful to their health, but your exposing them to a known health hazard can provide a very effective weapon for your former spouse to use against you during the proceedings.

* If you are involved in a new relationship, be very discreet when it comes to open displays of affection with your new paramour. This is important for two reasons: first, it can be upsetting for your children, who still may have strong feelings of loyalty to your former spouse. Second, the courts usually frown on it when children are being exposed to an overly sexual or sensual environment. You also need to insure that you are spending enough time with your children, and not short-changing them to spend time with your new companion.

* Give adequate consideration to where your children want to live. You should know what their preference is, even if it is not with you. If your children have a strong preference for living with your former partner, insisting on gaining custody of them can be both futile, and damaging to your future relationship with them, if you pursue it. The only exception to this warning is in situations where you have legitimate concerns for their safety if they remain with your ex – and even then, you must be prepared for backlash from the children if you prevail.

* It is important to be as involved as possible with the day-to-day lives of your children while you are going through the custody process. If you accomplish this, you will be casting yourself in the a highly favorable light in the view of the Court. If you seem to the Court to have left your children to the care of your former spouse, you will, in all probability, lose your custody battle.

* Do your everything possible to hire a very competent attorney who can really help you with your custody case. An attorney who holds your best interests as a top priority will be your best ally in your quest for custody of your children. Unfortunately, finding that kind of attorney is often a real gamble.

Even if you have a competent lawyer, you will still benefit greatly if you have a second source of help available to you. This should be a resource that can provide up-to-date and necessary information and advice to help you. As long as you have that, then if your attorney does turn out to be more interested in billing hours than doing actual work, you will have another source of guidance. Another reason to have an second resource is that often attorneys are simply not able to keep abreast of all the latest psychological and legal strategies regarding custody, as well as which kinds of evidence, and types of allegations, will succeed(or are bound to fail ) in the courtroom.

The best way to get your hands on this kind of important support information is to obtain a Custody Guide that is written by real experts in the field. Experts who specialize in Child Custody have the experience and know-how to compile the needed information, keep it current, and present it in a way that makes it possible for a lay person to comprehend it, and use it, effectively. There are a number of sources for this type of guide that will help you navigate your way through the often confusing legal landscape that is Child Custody. The links in the resource box will provide further information.

Find out more about the best ways to win your custody fight. Get copies of two FREE reports about child custody by clicking: Free Child Custody Reports. Then, find more resources that can help you in your fight for custody at Custody Matters.

Helping To Understand Child Custody Laws

 

Once you and your spouse become involved in a divorce action, and you have children, it is important to have a full understanding of the child custody laws as they might apply to your personal situation. Custody laws establish both the rights and obligations of the non-custodial and custodial parent. Trying to understand these laws can be difficult, so here are some general principles that may be of help to you during this process. If you have an understanding of what is involved in the custody process, it may allow you minimize the impact the situation will have on your children.

Important Link:[Factors In Child Custody Cases]

Consult the Court With Jurisdiction in Your Case

The process must start with an understanding of the custody laws that apply to your situation. Custody laws are set by the States, so it is important to know which State’s laws apply in your case, if one spouse has moved to another state. One example of this disparity is seen in the case of a custodial parent who fails to follow the visitation rules set by the court in a custody case. In some States, the non-custodial parent must file a lawsuit against the custodial parent. In other States, the non-custodial parent can ask that a warrant be served against the custodial parent.

The court which has jurisdiction in a case does not automatically change if the custodial parent moves the children to another State. For example, if a custody ruling was established by a court in Florida, and the custodial parent then moves with the children to Arkansas, The Florida court is still the court of jurisdiction in the case. This can, however, be changed by a mutual request from both parents.

Look for Support From Support Groups

Determining the laws which apply in your situation is only the first step in the process. You can find a great deal of assistance in understanding the details of your case by getting help from support groups in your area. One such group is the Children’s Rights Council, which is organized in most, if not all, States. Use an Internet Search Engine to locate the one nearest you. If you join CRC, you may be able to receive legal assistance from lawyers who work along with the organization, and can provide the help you need to understand your rights and obligations in the custody system. There are support groups for single fathers and mothers as well.

Make Use of Resources Available on the Internet

Resources that can be found on the Internet can be of great help in finding out how the custody laws in your area have been applied to previous cases which might be like your own. A search of online sources may also provide you with ideas and strategies that may be useful if your spouse later fails to comply with the conditions of the custody ruling, after it’s been decided. You can also find a variety of e-books and guides which can be purchased, and can sometimes provide a resource for finding facts and explanations that you can make use of. It is very important, however, to be certain that the guide is written by an author, or authors, who are really qualified to provide such advice.

A divorce, and the attendant custody struggle, is almost certainly going to be one of the most difficult phases of your life. Still, a lot of divorced parents are able to make the custody arrangements something that ultimately works to the benefit of their children. Although you and your former partner or spouse are no longer living together, you can, and should, make certain that your children receive enough love, attention, and care from both of you. Having a good knowledge of the custody laws that apply to your situation will certainly be very useful resource in the event that there are future disagreements about the children’s situation.

You can download two FREE reports about Child Custody matters, and discover a great deal more about how to prevail in a Child Custody Proceeding by going to: Child Custody Reports. There, you can also discover about a Comprehensive Guide to Child Custody Strategies.

Dallas Family Law Institutions That Offers Great Legal Services

 

Various Dallas family law charity organizations provide free legal services to qualifying Dallas residents. These residents will qualify mainly because their earning are too low to afford effective legal services. The following charities are the main organizations that provide these services.

Texas Advocacy Project is a non profit organization that provides it is free legal services specifically to victims of sexual abuse, domestic violence and stalking. This charity was founded in nineteen eighty-seven and it works in conjunction with other legal stake holders to provide their services. They also have an emergency phone number for victims to call for assistance when there is an emergency.

For those who earn a low income and may not afford legal services, you can seek legal assistance from Legal Aid of North West Texas less. This organization is a charity financed by Texas Access to Justice Foundation and has been in existence since nineteen fifty-one. It provides free legal services for civil cases to those who have low earnings.

Animal Legal Defense Fund is in place to support attorneys who provide free legal services towards animal related cases. This is a pro-animal organization and it seeks to promote and protect the interests of animals.

If you are a low earning immigrant in the Dallas INS district and need free legal assistance, you should contact Catholic Charities of Dallas. This catholic run charity provides legal services specific to such immigrants and charge a low price for these services. The charity was founded in eighteen ninety-one and provides other charity services apart from the legal ones.

Justice for Children is a non profit institution that champions the legal fight against child abuse. They give free legal advise and representation to child abuse victims. Besides provident these services to the victim, they also give further life improvement support and assistance to these children through their various networks. This organization also arranges and conducts various awareness programs to promote a greater government participation in matters relating to child abuse.

Dallas legal hospice gives free legal services to people who are HIV positive or terminally ill, those who cannot afford legal services and people who have legal complications because of their health. The mission of this Dallas family law charity is to fight for people being discriminated against in their work place, school or any other place due to health related issues.

Get the details and information you will require about child support today! Your Dallas Family Lawyer will have the advice you require to resolve your case fast!

Child Custody Rights Versus Your Rights As A Parent

 

Divorced parents often lose sight of the very fact that child custody rights were put into place in order to safeguard the rights of the children. They protect the best interests of the child, not the parents and step-parents or any other relatives members. During a divorce involving children the courts are required to consider the children first and make decisions based on their needs. And usually this is all well and good, both parents accept those choices and life goes on. Until, that is, the custodial parent wants to make a move out of state and take the child with them. That’s when most individuals forget the main reason those child custody rights were established.

Blended families are becoming the norm these days. Most people know at least one family that falls into the Yours-Mine-And-Ours category. And because blended families are becoming more and more common, child custody rights are at the root of a lot more problems. Particularly when it comes to moving.

As an example, consider the case of a family from Ohio. The parents of an eight year old girl had divorced, the mother had custody, and she remarried a man who had 2 children. Everything was going along fine until the new husband received word that he was being promoted to a high level position however would need to transfer to California. When the mother notified the small girl’s father that this move was about to take place, he immediately consulted his attorney and the case went to court.

This is often where individuals forget that child custody rights are put into place to guard the best interests of the child. When the girl’s natural father argued that he had every right to see his daughter on a regular and frequent basis and could not afford to travel back and forth to California every weekend the step-father argued back that he had every right to move his family to a different state espcecially because it was for a higher paying job.
In this case each person has rights and these rights overlap. It is the court’s duty to weigh each of those rights and determine what is best for the child, and only the child. Yes, it can be argued that the step-father would be able to provide a higher standard of living and yes the natural father has the right to be able to see his daughter whenever he wants to. But what’s the best interest of the child?

In this case the court looked at things like uprooting the child from her school and friends, pulling her out of activities like soccer and scouting, and taking her away from her father, and determined that to serve the child’s best interests she should stay in Ohio. And it is not a case of whether the step father or the natural father won or lost their argument. Child custody rights are there to serve the best interest of the child.

Want to find out more about child custody rights, then visit Vladymir Rys’s site on how to choose the best child custody agreements for your needs.

The Characteristics Of A Great Dallas Family Law Lawyer

 

When it comes to family issues, you have children involved. It don’t matter how old they are. Things can still affect them. It can still hit hard. That is why there are a few things that you should look for when it comes to choosing a Dallas family law lawyer.

When it comes to your family, you want the best lawyer. Families should be together, and in most cases that is what most judges will go for. Long as it’s in the children’s best interest they will try to keep them with their mother. However, there are times when it is better for a child or children to be with someone else.

Your family law lawyer should be blunt with you. By just meeting with you, they should be able to tell you what you need to work on and what can go against you when it comes to going before the judge. This is when you really know that you have a great lawyer working for you.

So, what do you need to look for to know if this is the lawyer for you? There are some initial things that you need to look into. While those are the things to tell you that you have a good lawyer for while you are in the office and have already hired your lawyer, there are things that you should look for in every lawyer that you choose.

The next thing that you need to be aware of is how long they have been doing family law. Not only how long have they been a lawyer, but how long have they been practicing family law? This is good to know. You want someone who again is up to date.

The next thing that you need to look into is how many cases they have won. Many of them have had their fair shares of losses and wins. Think about it from this point of view, when it comes to your family, you want to make sure that they have more wins than they do losses. Thinking like that can give you the motivation to find the best lawyer possible.

Now, that you have an understanding about the lawyer and the characteristics that you should look for, now it’s time to find a lawyer. The law should be on your side. Most cases when it comes to child custody and so forth trust your lawyer. Try to make it painless as possible for everyone involved.

Discover the best Dallas Family Lawyer to help you out. Many wonderful locations for Dallas Family Law can be found online. Go there today and get the right lawyer.

Tips to Help You Prepare For Your Child Custody Hearing

 

The court plays a significant role in determining what is within the ‘best interests’ of your child. The court considers all aspects together with physical, instructional, non secular, emotional and preferential needs of a child, therefore it makes a study of homes of both parents, together with schools, location, neighborhoods and facilities, before a decision on custody.

Although the courts have the best interests in mind, there won’t be anyone more important in making the best decision for his or her children than parents. Parents should strive to settle their Child Custody issues outside the courts. A custody decision arrived on your own with two agreeing parents is more agreeable than the one which is disputed and determined by the court.

Getting ready for the Child Custody trial, you must maintain true documents and info related to your children, which will help verify the best interests of your child. It’s best if you maintained a record of your child’s life events that affect them, like visiting with the opposite parent, grandparents, doctor’s appointment, faculty activities, family and spiritual activities, medical appointments and counseling dates, etc. You must support your position, by keeping notes.

1) Parent’s Home: This factors determines whether you’ll be able to provide good surroundings and adequate shelter for your children, the size of the house, neighborhood, availability of help and babysitters, hospitals, bathrooms, bedrooms, etc. play a vital role in determining the best one for the child. Though not an vital point, it does help create a good impression.

2) New Relationships: This can be a comparatively irrelevant issue in determining Child Custody cases, the court will think about this issue unless the relationship makes an impact on the child’s well being. If the new relationship will not play any part in the relationship to the child, then this point can not be relevant to determination of Child custody.

3) Status Quo: It is an important factor in determining custody case, if a child’s parents reside in different districts, it in unlikely that the court will order to alter the residence during the academic year, especially if the kid is being properly brought up. If you want a amendment in status quo, you may be required to furnish a good reason for this. A good example would be a difficulty with the current conditions, unsafe for the child.

4) Kid’s Preference: Children’s preference isn’t considered by the court since the court can not provide a child the authority to make a decision for himself, but this would possibly not be the case if the child happens to be a teenager and possess enough mental capacity to evaluate his or her position.

5) Parent’s Availability: Full time parenting has an advantage over working full time for supporting oneself. However, the court may not defer from providing you with the custody only as a result of you wish to labor to support yourself and your child.

These are just a few things to think about when getting ready for your Child Custody case.

Looking to find the best deal on winning child custody, then visit www.TheChildCustodySite.com to find the best advice on obtaining child custody for you.

Maximize Your Chances of Getting Child Custody

 

Are you trying to win a child custody battle? As a Riverside, CA family law attorney, I see a lot of parents who are fighting for custody and doing everything wrong. Many times they come to me after things have been hopelessly broken. This article will examine how to fight for custody and win.

If you can come to a parenting agreement without the input of the courts, you are in the strongest position. If you can’t do this one on one, try to retain an attorney who can privately mediate the matter.

If you can’t work out a parenting plan, you will have to go to court. Your first stop will be court ordered manditory mediation. The job of the mediator is to help you work out an agreement so you don’t have to go to trial.

It is important to make a good impression on the mediator. In counties where the mediator makes a report, their opinions carry a lot of weight with the Judges. Make sure you come across as a reasonable person who is willing to cooperate with your ex in developing a parenting plan that is in the best interests of the child.

Trial is the next step if mediation doesn’t produce a parenting plan. At trial, you can put on witnesses and present evidence. Unlike ordinary trials which go from day to day until completion, family law trials tend to be scheduled in two hour increments and you may have to come back on several different occasions before the case is finished.

Your goal should be to work out a parenting plan outside of the courts for best results. If you and your ex can’t do that, working out something in mediation is your next best bet. If you take this route, make sure you get the mediator to write up the report in your failure because if mediation fails, you have to go to trial.

You may think that the best way to get custody of your children is to put up a fight. And if that happens, you need a good trial attorney. But sometimes fighting for your children’s rights means coming to an accommodation with your ex. If you can do that, you will save yourself a lot of expense and anxiety.

If you are trying to get Child Custody in the Inland Empire, you need to contact Riverside Child Custody Attorney Julian Fox.

How do You Get a Divorce in California?

 

I’m asked every day how to get a divorce in California. To start with, you need to make sure that you’re qualified – that is, you’ve lived in California for six months and in the county of filing for 3 months before filing. That’s basically it. You don’t have to go to counseling or state any reasons beyond “irreconcilable differences.”

The first thing you do to get a divorce is file a Petition. You have someone serve it on your ex who then has 30 days to file a response. If they don’t file one, you can proceed by default which means that they don’t have a voice in the case.

Most people file a Response though. At this point it is necessary to initiate discovery. At the very least, both sides will have to file a Schedule of Assets and Debts and an Income and Expense Declaration. If you suspect that there might be hidden assets, you might want to file Interrogatories or take your ex’s deposition.

If you have significant assets such as a business or retirement plans, this process becomes more complicated.

While property issues are complicated sometimes, child custody is never easy. You have to decide that you want what is in your children’s best interest and not use them as a weapon. Because child support is determined in part by the time spent with each parent, many spouses try to get as much time as possible to reduce or increase support.

When you can’t agree on the amount of time you both spend with the children, the court assigns a mediator who is a trained counselor to help you. Sometimes the mediator is helpful in resolving the issues, but other times, the case needs to go before the Judge to decide. You need to know whether mediation is confidential or not. In confidential mediation, the Judge won’t have access to your mediation files while in open counties, the Judge will have a mediation report and often make decisions solely on the mediator’s recommendations.

After child custody and time share has been resolved, then the Judge can make child support orders. But, he doesn’t have much discretion here. In California, child support is determined by what is known as “Guideline Formula” which takes into account each party’s income and the time share with the children.

Should you have an attorney for the divorce process? That’s a good question. Even if you are amicable about the divorce, there are often things that you might miss to your long term detriment if you don’t use an attorney. One solution for this is to go through a mediated divorce where one attorney represents both parties, protecting everyone’s interests for one lawyer’s fee.

But, if there are going to be complications such as fighting over property or child custody, you definitely need an attorney. Try to get one for your initial Petition or Response. If your lawyer is with you from the beginning, he or she can help steer the whole case. If they jump on board later when you have already made critical mistakes, then their effectiveness may be more limited.

Getting a divorce in California may look easy on paper, but in reality, it is loaded with emotional and financial issues. Divorces can be heartbreaking. A lawyer can take some of the burden off your shoulders.

Julian Fox is a Riverside Family Law Attorney who specializes in tough child custody issues in Riverside, San Bernardino, and Orange Counties. Visit his website at http://FoxFamilyLaw.com

Child Custody Can Be Hard On Fathers

 

If you are paying child support and the judge has awarded you visitation rights then only a judge can take these rights away from you. When you fall behind a little on your support payments your ex can not legally try to keep your children away from you. Nothing is nastier than a divorce with child custody involved.

Mothers need help supporting their children and this is why fathers have to pay child support. The mother is required to spend support on things the children need like food, housing, clothes, and schooling. These are only a small portion of a child’s needs. If you are having trouble paying your support on time you do not have to worry because the court will not take your visitation away because of lack of support payments.

It is the courts priority to make sure that you and your child spend as much time together as possible. It may feel like the whole system is working against you but they are trying to do their best to help you. Fathers get the short end of the stick most of the time in child custody cases.

If you are spending more time with your child than the courts originally thought or if your income has decreased you can petition to have the child support lowered. When you get a divorce and have child custody arranged be sure to hold on to your papers that state the times and dates of your visitation with your child.

These papers will show that you have the legal right to pick your child up at a certain day and time and your ex can not legally stop you. If she is avoiding your calls and not answering your door then you should have the police go to her house with you to pick up your child. Your ex will be forced to hand over your children.

The law states that she must hand the child over to you. If she refuses to give you your child the police officer you brought with you will issue a ticket and she will have to appear in front of a judge. Sometimes judges get upset about mothers ignoring the rules they set in place. This could mean that she will lose custody of the child.

Some fathers feel that child support is a payment they have to make each month. In honesty child support is money you pay to help take care of your child because you love them and it is the right thing to do. If you and your child’s mother were still together you would be supporting you child.

Why should it be any different after the divorce? Even though you do not live with your children and wife is no reason not to take care of your children. Try to spend as much extra time as you can with your children and support them no matter what in all things financial and emotional. They will thank you for it when they are grown.

child custody cases are ugly when everyone does not do as they should. We’ve got the ultimate inside scoop on all custody matters including child custody issues, fathers rights child custody, and unmarried child custody