After a divorce is settled and agreed upon child custody comes next, depending on the number of children you have, your current living condition and your income will determine who retains child custody between you and your spouse. Child custody and guardianship are legal terms which describe the relationship between a child and a parent within the legal realms. An example of this are the parent’s right/duty to take care of the child and his or her right to decide what is best in the child’s interest.

Different Kinds of Custody:

• Alternating type – this is the most common type of child custody where the child or children live with one parent for a few weeks, months or years and then lives with the other parent for the same amount of time. It is considered that the parent who at the time has custody of the child/children retains full authority and responsibility over them.

� Bird’s nest type – both parents agree that the child/children shall choose to stay in only either of their residence. The parent who lives in a different residence will be the one who will move back and forth for a certain period of time to where the child resides. This is the opposite of the alternating type of custody and it spares the child/children the burden of having to move back and forth between their parents.

•  Joint type – both parents agrees to have legal and/or physical custody over the child/children.

•  Sole – is a court settlement where only one parent may have physical and legal custody due to the unfitness of the other parent to carry the responsibility.

•  Split type – if the couple has more than one child, then the full custodial responsibility falls on both parents. However, they will divide the children equally.

•  Third-party type – a third person will become involved in this scenario (probably a grandparent or a relative) and the custody is granted over to this person as agreed by both of the child’s biological parents.

You must keep in mind that your children will get hurt emotionally in this permanent separation you and your spouse will have. But what will hurt them more than the separation is if you moved away physically and relocate to another city or province where reaching would be very tedious and difficult. So while your children are still young try to live close to them and call or visit them often, this way they won’t feel like you’ve abandoned them completely. Talk to your family lawyer to determine your rights and responsibilities to your kids.

Are you getting a divorce or planning to fight over child custody with your spouse? Do you have an unsettled dispute with someone and you’re in need of expert help? Then perhaps it’s time that you go see a Family Lawyer Toronto in order to get assistance in matters such as this. Visit their website at http://toronto-family-lawyer.com/ to get consultation and expert advice on divorce, legal family issues and other things which may require the help of a family lawyer.

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The domicile or residence of the child typically cannot be moved from the state without the prior approval of the court or judge who awarded custody. If the custodial parent moves the domicile of the minor child out of the state against the wishes of the non-custodial parent and without the permission of the court, then the court may sanction orders of contempt. An order to permit a parent to move a child from the state is often required before a move can occur especially in contested relocation or move-away cases. The relocation or move-away order may be entered either by consent of both parties or by the court after a hearing.

Often court orders will include a change of domicile provision stating that the custodial parent shall not remove the minor child from the state without prior approval of the court. The reason for this provision is to protect the non-custodial parent’s rights to visitation and to ensure that a custodial parent’s move out of state is legitimate and the motive is not to frustrate or deny the non-custodial parent access to the minor child.

If the parties mutually agree to a change of domicile and they sign a written agreement known as a stipulation and consent agreement, it may be entered as an order, if approved by the court.

However, if the parties cannot mutually agree on a change of domicile, they may either contact the other party for reaching a consensus, attempt to resolve the matter in mediation or another form of alternative dispute resolution, or if this is not possible, they may choose to file a petition in court.

If you have questions or find yourself in a situation where the custodial parent wishes to take your child out of state against your wishes or against a court order, you would do well to consult an attorney in your jurisdiction to help you learn where you stand legally on this matter and to learn what your legal options are.

© 2007 Child Custody Coach

Child Custody Coach supplies information, online materials, and coaching services to parents in the field of child custody, namely, divorce, child custody and visitation, child custody evaluations, 730 evaluations, parenting techniques, and all issues related to child custody and divorce. How to Win Child Custody – Proven Strategies that can Win You Custody and Save You Thousands in Attorney Costs! is a unique child custody strategy guide provided as an E-Book for immediate access written by Steven Carlson who is known nationally as The Custody Coach�. Custody Match is an online consumer and family law attorney matching service find the right family law attorney, divorce, attorney, or child custody lawyer in your area.

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Top Tips on Father’s Rights

The term father’s rights can take on a few different meaning. In the broadest sense, it relates to a movement which pushes for more recognition of the rights of fathers in what is often perceived to be a judicial system which favors mothers in cases of divorce. In a more specific sense, it means the individual rights of a father in a divorce or separation situation. We’ll cover both of these issues in this article – the broader movement as well as the actual rights you have as a father if your marriage is splitting up.

The Bias of Family Courts

One of the core ideas of father’s rights activists is that fathers are discriminated against by the family court system. Divorce law in many states tends to give custody to whichever parent is deemed to be closest to the children and seen as most instrumental to carrying on their lives unaffected. This notion grows out of the idea that the divorce should affect children as little as possible, so custody should also reflect the “status quo” of life before the divorce as much as possible for the children. Because in many traditional families the father is the main breadwinner and the mother stays at home to look after the children, the mother wins custody almost by default in many of these situations.

Fathers’ advocates argue that this is unfair because it restricts fathers in their right to be a parent. Advocates of father’s rights also tend to point out that children should be raised by both parents (except in cases where a parent has been abusive). In this argument, the best interests of the children (on which child custody laws are built) are to have both parents involved in their lives. So the best interests of children are not very well represented by the current legal model which tends to be lopsided towards giving sole custody to mothers.

The movement has also strongly criticized the current models of child support used because they usually end in fathers paying money to mothers, even in shared custody scenarios. In such a scenario the father is left with less money to support the children when he has custody of them.

Individual Rights of Fathers

First of all, you have a right to have a relationship with your children unless you have actually taken action which would lead to you forfeiting that right, such as being physically violent towards your wife or the children themselves. If you’re not at fault, you have every right to have a relationship with your children and you should fight for that right. The law is intended to reach a conclusion which serves the best interests of the children. You need to demonstrate that having a good relationship with you is in their best interests.

Be aware that your wife may produce trumped-up charges in order to make a case against you for sole custody – such as accusing you of abuse when you’re guilty of no such crime. You know the character of your ex-wife so you’ll know whether this situation might apply to you or not. If this happens, you need to get the best lawyer you can and gather all the evidence possible to prove that you’re innocent of such crimes. Unfortunately this often comes down to a “your word against hers” situation, in which case the way your character and your wife’s character is represented in court becomes of ultimate importance. In other words you win such a case by demonstrating that you’re not the type of person who would abuse his family, and she is the type of person capable of lying about that.

Even without going to such extremes, your ex may attempt to block you from seeing your kids. It’s important to remind her not to let her own selfish interests get in the way of what’s best for the kids and that by blocking them from having a father, she’s actually hurting them the most. You can often do a lot more by addressing your wife directly than battling through the courts – court should be a last resort when your wife simply won’t give in and listen to reason.

More information on fathers rights.

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Child custody is a major proceeding involved in divorce cases. It is done to determine who shall have custody of the child or children. As child custody cases are rather sensitive issues, it is always advisable to hire an efficient child custody lawyer.

Child custody laws in Arizona are similar to those in other states. The Arizona court laws decide on child custody according to the child’s best interests. Other factors considered by the court include the wishes of the parents, the interaction and interrelationship of the child with the parents, and the degree to which the parents have compelled the child in the child custody agreement. The child’s adjustment to home, school, and community as well as the mental and physical health of all individuals involved are also discussed.

The court has the right to order either a sole custody or a joint custody agreement. Joint custody shall not be awarded if the court finds the existence of significant domestic violence or a history of domestic violence. Unless restricted by court order or law, both parents are entitled to have equal access to information concerning the child’s education as well as physical, mental, moral, and emotional health, including medical, school, police, court, and other records.

Arizona child custody lawyers insist on all possible legal rights for children and guide them through a suitable course of action. Effective, concerned, and at times aggressive legal representation is essential to obtain a suitable verdict. Only thorough, preventive estate planning with the assistance of child custody lawyers can protect a family and ensure that assets are inherited by chosen individuals.

An Arizona child custody lawyer has to be engaged as early as possible because time is a very crucial factor in preparing and analyzing child custody cases. The rates of Arizona child custody lawyers are around the national average.

Arizona child custody lawyers are members of the Arizona Trial Lawyers Association and the Association of Trial Lawyers of America as well as the American Bar Association.

Arizona Lawyers provides detailed information on Arizona Lawyers, Arizona DUI Lawyers, Arizona Criminal Defense Lawyers, Arizona Divorce Lawyers and more. Arizona Lawyers is affiliated with Colorado Employment Lawyers.

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As grandparents watch their child go through a custody dispute, they may wonder if they will get to see their grand kids as much as before. A custody dispute between the parents may cut off a set of grandparents from the parent who isn’t their grandchildren, and this can limit the time that grandparents could see their grandchildren. In order to protect their custody and visitation rights for their grandchildren, here are some things a grandparent can do to help a child custody dispute.

1. Be supportive of the parent, and help them focus on resolving the problem. A grandparent will have more sway over their child than the other parent. They should be supportive and positive during the child custody dispute–but they also shouldn’t encourage a custody battle and tell the parent to not give into any of the other parent’s wishes. If grandparents can be objective during this process and give good advice to the parent then things will go better. The grandparents should help the parent see ways to reconcile with the other parent instead of widening the gap between them. If both parents are able to work through the custody dispute and agree on a parenting plan, it is more likely that they will both be happy with the result.

2. If possible, maintain friendly relations with the other parent. This is very tricky and has to be done in the right way. A grandparent shouldn’t make their child feel like they are abandoning them or making friends with the enemy. In order to maintain a positive relationship with the other parent, the grandparents should explain very clearly what they are doing and why. They can explain to the child that they would still like to see the grandchildren and they are doing this for the sake of the grandchildren. The grandparents can be a neutral party where the grand kids can relax and cope with some of the pressure of the divorce and the dispute. This can also help the parents resolve some of their differences.

3. Put the needs of the children first. This goes along with the second point. In a situation where things are heated between the parents, grandparents can do a lot to support the grandchildren and help them handle everything that is going on. Visiting grandma and grandpa can provide a much needed break for the children. Grandparents should avoid speaking negatively of either parent and try to help the children see that their parents love them even though things are difficult.

4. Maintain the status quo. There are many different levels of involvement that grandparents have with their grandchildren. Some provide almost daily care to the grandchildren and others visit them frequently. It’s important to maintain this consistency even when the parents divorce. Talk with the parents and help them understand that it is important for the grandchildren to maintain the frequency of visits that they had before. If the grandchildren are with the grandparents daily, help both parents see that the grandparents are neutral and that they aren’t taking sides in the custody dispute.

Discover how Custody X Change can help you work out a child custody dispute and find out more information about grandparent’s child custody and visitation.

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If you’re going through a divorce and you have children, the chances are good that they are your biggest concern throughout the proceedings. After all, you want to be a good parent, and you want what’s best for them. And you want them to be as large a part of your life as possible. You may even be concerned about whether you or your spouse will be getting custody of the children. It’s understandable to be worried.

There are a lot of factors that go into determining which spouse will wind up being the custodial parent of the children. But first, it’s important to understand the two types of custody, how they differ, and what your rights are.

When people talk about having custody of the kids, they’re usually talking about physical custody. That is, where do the kids live. But there’s actually another kind of custody, which is equally important – especially if you’re the parent who doesn’t have physical custody. The other kind of custody is legal custody, which describes the right of a parent to help make decisions involving the child’s well-being: where the child goes to school, the religion the child is raised in, medical treatment for the child, and so on. In almost all divorces, both parents are granted legal custody.

Deciding Physical Custody

There are a number of factors that a judge takes into consideration when he or she is determining which parent will get physical custody, including:

• How old the children are.
• The considerations of the parents, to a certain extent.
• The nature of the relationship between each parent and the children. If a child has a bad relationship with one of the parents, that parent is less likely to get custody.
• The health of the parents, both in terms of physical health and mental health.
• Which parent provided the bulk of care for the child up to the point of the divorce.
• The ability of each parent to provide a healthy, stable long-term home for the children.
• The ability of the children to adjust to a move, assuming the parent is moving.
• The opinion of the children, depending on how old the children are.
• Whether allegations of abuse have been levied against one or both of the parents.

These are just a few of the many different aspects by which the court determines physical custody. If you would like to know more about divorce law, visit westpalmbeach-divorcelawyer.com.

Joseph Devine

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Child custody battles turn nasty quite often. The divorce may be uncontested save for issues related to the children i.e. child custody, visitation rights, child support, etc. Winning child custody is a priority for many parents, which is why many divorce cases that go to trial make it that far. Coming out the winner of child custody battles is never guaranteed, but a good attorney and a good understanding of what the court looks for when awarding custody to one parent is often helpful in improving your chances of winning.

There are some cases in which the custody will be split with both parents spending an equal amount of time with the child. Others will be tipped in favor of one parent, while sole physical custody is awarded in other situations. Legal custody, meaning which parent makes decisions regarding the child’s education, healthcare, religion, etc., may be joint or sole depending on the circumstances. Some situations involve sole physical custody with the non-custodial parent granted visitation rights, along with joint legal custody. Other cases will see sole physical and legal custody granted, and others will see joint physical and legal custody granted.

Keep your cool in the court room. Dress appropriately and follow the proper court room etiquette. This may not win you the case hands down, but making a good impression may be helpful. The court is going to act on the best interests of the child and showing that you’re a good parent will be one of the keys to winning the custody battle. Come prepared with all of the proper documents necessary for the case including phone call logs that show the continuous contact between them and their child. Also keep a log of visitation schedules, and proof that you paid child support, if applicable.

In determining the best interests of the child, the court may consider the age of the child, the relationship between each parent and the child (who was the primary caregiver), the physical and mental health of the parents (and the child), the environment each parent is able to provide for the child, the ability of each parent to provide for the child’s physical, emotional and medical needs, etc. The issues at play may differ from one case to the next, so speaking with a good attorney is one of the best things a parent can do to get ready for the case.

Evan writes on legal matters and truly believes a parent will be best advised by contacting an experienced and professional Child Custody Lawyer in your area. For spouses involved in a California Divorce Trial concerning children, visit the offices of Diefer Law Group.

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The following guest post is from Marc Brown:

Divorce and debt problems often go hand in hand and have adverse impacts on each other especially in terms of finance and possessions. Sometimes, fighting on financial issues drain the joy out of a marital life and compel the couple to split up. Under Arizona law, all the assets and the debts incurred during a marital life are regarded as community property and therefore after divorce needs to be divided equally between husband and wife. Division of debt is not an easy task because your better or worse half might have accumulated outstanding debt, but you also remain liable to pay it off. Both Debt division as well as asset division is contentious as both you and your spouse fight over each and every tiny issue in order to evade any sort of loss. Only a knowledgeable attorney is capable of helping you to divide your marital debt equitably.

Documents Required to Aid in Debt Division

Courts demand substantial proofs and documentation to determine marital assets and debts. It is not always possible for couples to provide all exact and accurate information to court and therefore verification of facts are required. Credit bureaus are able to shed light on this matter and can present exact figures and estimation of debt. Before planning a divorce you need to keep a record of following items like tax returns, mortgage papers, investment portfolios, bank account records, credit card statements, business records, titles or deeds of ownership. In case there is no financial documentation of the above mentioned items, you can request assistance from forensic accountants and certified public accountants. They can investigate your finances and get an exact account of debts and assets. It is essential to depict a clear picture of the community properties, separate properties and debts so that the court can make a perfect ruling on the property division.

Agreements of Debt Division

If you are in the planning stage of divorce you can better start paying off your debts, so you don’t have to handle them any more in the divorce settlement. However if you have overwhelming debts during divorce an Arizona family lawyer can help you to come to terms on some debt division agreements. In the agreement you need to follow the contracts given below:

• You need to give consent that you take responsibility for the debts in exchange for receiving more assets from the marital property division. For example suppose, you get the possession of the house, the cars and the lake house and agree to take care of all the credit card bills.

• You can also agree to let your spouse take responsibility for some of the debts and in turn he or she can receive more assets from the division of property. For example you can allow your spouse to take the boat, the house with the mortgage payment and all of the student loan debt as well.

• You can agree to share equal responsibility for the debts as well. Here both you and your partner will be legally responsible and if your ex-spouse does not pay off the debt, you will be left with the entire debt burden. You can appeal to court, but creditors will still hold you legally responsible and if you do not pay back the debt it will adversely affect your credit history in future. 

To make the best of a bad bargain and settle your marital debts you better keep all the above mentioned points in mind. There are some legal consequences that can affect you for a long time even after your divorce gets finalized. Settle your debt in dispute with the help of a proficient attorney. Make sure that your legal agreements put you in a fair position and you do not start your new life after divorce with a dent in your wallet.

About the Author: Marc Brown is a financial writer. He has been writing on financial topics over the years with special focus on the US economy. Marc also takes interest in debt related issues and contributes articles on debt settlement to acclaimed personal finance blogs.

The trial court agreed modifying spousal support, finding that, based on the language of the parties' settlement agreement entered into at the time of divorce, "review [was] mandated and no further showing of a change in circumstances beyond the sale of the residence [was] necessary for a modification".

Wife argued on appeal that althought the settlement agreement mandated review when the marital residence was sold, there had to be "a showing of changed circumstances" before the trial court could modify the award.  The Arizona Court of Appeals agreed with wife indicating that the while the sale of the marital residence is a factor that might justify a reduction, but only if, husband could show that the sale amounted to a substantial and continuing change of circumststances.

Needless to say, there are many instances where reductions of spousal maintenance may be permitted, given the downturn in the economy.