Child Custody Modifications – Modifying a Child Custody Order

November 8, 2010 by Maricopa County Court  
Filed under Child Custody, Family Court

By Steven Carlson -

Child custody cases that follow the initial custody award for both married and unmarried parents are often referred to as modification cases. There are many reasons why parents file for a modification of the original order. There are many different types of custody modification cases that all too often end up in court after the initial custody determination. If parents are unable to resolve their differences on custody and visitation out-of-court the case may end up in court for a judge to decide. This article provides information on some of the most complex types of modification cases that often end up in court. It is important for parents not only to be aware of these types of cases and allegations but also have an understanding of the issues surrounding them.

Abuse Allegation Case – Abuse accusations in a custody dispute are becoming more and more common. A finding of abuse would typically be grounds for a modification of an existing custody order. A finding of false allegations of abuse can also be grounds for a modification.

Domestic Violence and Restraining Order Case – Domestic violence accusations and restraining orders are also becoming more and more common in custody disputes. A finding of domestic violence would typically be grounds for a custody order modification. A finding of false allegations of domestic violence can also be grounds for a modification.

Child Protective Services Involvement Case – Involvement of Child Protective Services or CPS in child custody cases is also ever increasing. A finding by CPS of abuse or neglect can be grounds for a modification. A find of involving CPS without good cause and to gain leverage in a case can also be grounds for a modification.

Move-Away Case – Move-away case or relocation cases are one of the most difficult and complex cases for the family courts. When one parent relocates or intends to relocate to a place where the distance would make the current parenting schedule difficult or impossible to exercise it may require a modification. A finding of bad-faith reasons for relocating such as to thwart the other parent’s relationship with their child can also be grounds for a custody modification.

It is important to be informed of your rights, where you stand legally and your best course of action when filing for a modification of an existing custody order. For legal advice about your situation and laws in your state regarding modifying your order you’ll want to consult a child custody lawyer in your area.

2010 Child Custody Coach™. All rights reserved.

Child Custody Coach™ supplies information and one-on-one help to parents in the field of child custody and visitation issues, divorce, child custody evaluations, parenting and all divorce and custody related issues including child custody modifications. Steven Carlson, The Custody Coach™ is the author of the winning child custody guide “How to Win Child Custody: Proven Strategies that can Win You Custody & Save You Thousands in Attorney Costs!

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How Courts Handle Child Custody Cases

October 19, 2010 by Maricopa County Court  
Filed under Child Custody, Family Court

By Vernon Ready

Officially speaking, many states and courts don’t refer to it any more as a matter of child custody, but a matter of allocation of parenting and decision-making responsibilities. Many state legislatures are officially changing the terminologies to get rid of the tendency of many parents to consider their children as property they should have custody over. Below are a brief overview of how courts handle child custody cases.

Parenting and Decision-making Responsibilities

Before the court would award custody to the primary parent, or the parent who spent the most time with the children, leaving out the other parent and giving them a role almost like a seasonal visitor. After the changes, the court focuses on the healthy sharing of responsibilities, including making the decisions regarding the children’s education, extra-curricular activities, health, religion, etc. and spending parenting time, which used to be called visitation, with the children.

Scheduling of Parenting Time

The court may establish a schedule of parenting time for both parents, keeping the best interests of the children in mind. If both parents live in the same area the children can live with one parent for the week and go live with the other parent for the weekend. However, if the parents live farther apart, such as in Denver and Colorado Springs, it would be impractical for the children to commute several hours every weekend to live with their other parent. The typical scenario for this would be the children go live with the other parent every other weekend and/or a huge part of the summer breaks and major holidays.

The Children’s Best Interest

Courts used to believe that it is in the best interest of a child with separated, divorced, or annulled parents to live with only one parent. Recently, though, judges and parents alike in many states are coming to realize that taking into account the wishes of the child is beneficial to everybody, including both parents and the child, because both parents are still deemed valuable to the life of a child. Although a child 12 years older and above has considerably more involvement in choosing who to live with, it doesn’t mean that the child has the final say in settling the case.

Different factors are still taken into consideration. Not the least of these factors is the age of the child, where older children can make or break the decision and younger ones usually live with the parent who takes care of them more often. Parents are also examined for their physical and mental health, which indicates their capability to look over and care for the child. Of course, the court also considers if there are previous cases of violence, child abuse, or neglect and criminal records and if the child is particularly attached to his current home, school, or locality.

Vernon Ready is a Denver family law attorney and deals with cases that have to do with child custody, child support, marital agreements, restraining orders, adoption etc. As Denver divorce lawyer Vernon also handles divorce, separation and mediation cases. So if you live in the Denver Metro area and are in need of a good family law attorney then visit Vernon’s website at: Ready-Law.com

Note: This article is for information only and cannot be considered legal advice. The information contained in this article is generalized for a wide audience, and cannot replace the advice of an attorney based on the specific facts of your case.

Article Source: http://EzineArticles.com/?expert=Vernon_Ready

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Child Custody Lawyers – The Facts

September 21, 2010 by Maricopa County Court  
Filed under Child Custody, Family Court

By Muhammad Suhail -

Child custody lawyers are solicitors who specialize in dealing with child custody cases. In our society, there are lots of cases nowadays where couples separate and this creates serious problems for their children. Majority of the couples tend to mount a legal challenge in order to secure the right to keep their child with them. Post divorce, it is the responsibility of the judge to decide which parent would take care of the child, the best, and child custody lawyers fight for their respective clients negotiating with the parents and the judge on the best route forward.

As far as law dictates, the child can either stay with one parent or can stay with both at certain times. In various child custody cases where the divorce has been amicable, both the parents can agree on the parameters of child custody. But, in certain cases where a dispute arises on the custody of the child both, the parties then hire child custody lawyers in order to press their case in a court.

A lawyer would help you make your case against the other party on how you can be a better parent for the child. The lawyer would draw up all the possible options for you to hold on to the custody of your child. Some of these options would be of money and finance of raising a child, a judge would want to know whether you have the required money in order to support the child. Also, do you have the time to raise the child and if you can give the child your complete attention. The lawyer would also help both the parents settle the visiting times if one parent is given the right to hold the child. Normally, the child is entrusted to the parent who can fully support the child both financially and emotionally. It is also recommended to settle the cases out of court as court proceedings can be challenging not only for the parent but also for the child.

Finding a good and experienced child custody lawyer is not that difficult as there are various options for you to search. First and foremost, you should search for a lawyer among your inner friends and family circle as you wouldn’t want personal things like marriage and divorce to be highlighted. If those connections don’t help, then you can find various specialist lawyers on the internet. It is also recommended to contact the state high court bar association as they can help you by assigning a lawyer for your case. After the search is complete, you must set up an initial meeting with the lawyer of your choice. It is better to go through with all the details regarding your case with your lawyer. Don’t be afraid to reveal details of your relationship and other things as concealing minute details might hurt your case. Decide on a rate for the case with your lawyer and then get involved in preparing for the case.

Child custody lawyers are important when it comes to custody battles after a divorce. Finding a lawyer can be difficult for some. To find expert lawyers and know how to win child custody, visit ObtainCustody.

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Child Custody Cases – It’s Getting Easier For Dads

September 18, 2010 by Maricopa County Court  
Filed under Child Custody, Family Court

By Shane M. M. Boyd -

Child custody cases have been getting easier to win for the dads over the past 20 years. It used to be a woman’s court, but not anymore. Typically when the father wins custody, he will have joint custody and the child will live with dad. It appears as though the tide has changed in child custody cases, but why?

Recent Trends Favor Dad

There are a number of trends taking place right now that are really helping dad be the sole care giver for the child. For example:

· Men still typically make more than women for the same type of work.

· More women are in the work force now than ever.

· Men are devoting more time to their children these days, as opposed to years past when dad was usually out of the picture.

· And there is an attitude shift with the judicial system and judges are seeing the father as a true care giver instead of a paycheck.

All People Benefit

One key benefit when fathers get custody of their kids is their children are able to develop a strong bond with him. This bond would not really exist if he was just a weekend dad. Another benefit when dad gets custody is both mom and dad can maintain their careers. Since both parents would be able to maintain their careers, the child will benefit as well. All parties seem to win.

Dads Spend More Time Parenting

Another key change in the past 20 years is dads take a much larger role in child rearing. In the days of old, dad would simply work, attend a few sporting events and spank the kids when needed. That really made child custody cases easy for the moms to win. However, dad now does homework, attends school functions, teaches Sunday school, coaches sports and so on. Dads have really starting taking a bigger role in raising their children so it’s getting easier for dad to win child custody.

Child custody cases have changed over the years and your approach to winning child custody should change a little too. Make sure you have your custody strategies and your child custody checklist ready; because I’m sure your ex-wife will not just hand over custody to you.

Visit Father’s Custody Strategy and get all the facts you need to win child custody BEFORE you go to court. Don’t get bullied in court by your ex-wife. Visit Father’s Custody Strategy right now.

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Child Custody – The Best Interest of the Child Standard

September 8, 2010 by Maricopa County Court  
Filed under Child Custody, Family Court

By Ernie Trimnal -

In child custody cases, the court in most jurisdictions will look at what is in the best interest of the child or children involved. In making its determination, the court considers a wide array of factors. First, we must distinguish between physical custody (where the child physically resides) and legal custody (who makes important decisions concerning the child). Factors are applied differently to each type of custody.

Who has been the primary caregiver? Further questions include who takes care of the child, feeds the child, shops for clothes, gets them up for school, bathes them, arranges daycare, and who the child turns to for help.

The fitness of each parent. Psychological and physical capacities of the parents.

Any agreements between the parties. The court will give a lot of weight to a custody agreement, but will want to make sure that any agreement is in the child’s best interest.

Ability to maintain family relationships. Who will not only allow family relationships, but will also promote them? This is extremely important.

Preference of the child. It is important to note that, while the preference of a child is important, it is not the determining factor. Additionally, the child must be of an age and maturity level to properly express an opinion. Many courts have a procedure whereby a separate attorney will be appointed to represent the interests of the child.

The financial resources of each parent. The idea here is that a party who is better situated financially will have the resources to provide more opportunities for the child. Of course, this is frequently not the case, so this is merely one of many factors.

Age, health and gender of child.

Distance between residences. If the parties live far apart, it will greatly affect a custody determination. Likewise, if the parents live next door to each other, it will also affect a custody determination.

Length of separation. How long has each parent been separated from the child?

Prior abandonment. This factor contemplates a situation where a parent has previously abandoned the child.

Additionally, in making a determination of legal custody and, more specifically, whether to award joint legal custody (i.e. the parents must make important decisions together), the court will often consider additional factors.

Ability of the parents to effectively communicate. This is clearly the most important factor in the determination of legal custody, and is relevant as well to physical custody as well. The cornerstone of joint legal custody is communication.

Willingness to share custody. The parents should be willing to have a joint custody arrangement.

Relationship Established Between the Child and Each Parent. When both parents are seen by the child as a source of security and love, there is a favorable climate for joint custody. On the other hand, joint custody may be inappropriate when opposed by the child, or when there are indications that the psychological or emotional needs of the child would suffer under a joint custody arrangement.

The above is not meant to be an all-inclusive list of what the court will consider in making a custody determination. Most courts will consider all relevant factors. But this list is a starting point

While the above generally describes the best interest standard, every child custody case is different, and jurisdictions differ in their approach. If you need a Maryland family attorney or Virginia family attorney, look no further.

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