Child Custody Battles

November 30, 2010 by Maricopa County Court  
Filed under Child Custody, Family Court

By Brent Delaurentis -

One way to save money and win your child custody battles is representing yourself.

Don’t dismiss it. You can win your own case…

If you know what you’re doing.

When you hire a child custody lawyer, you’re hiring someone who knows the law. Your lawyer knows which laws apply to you and has the skills to represent you in court.

But family law-like all law-is based on common sense. If you have the time and the desire, you can acquire enough basic knowledge to represent yourself in your child custody battles.

Representing yourself-or being a pro per or pro se litigant-allows you to save substantially on lawyer’s fees. Unfortunately, you’ll also have to learn the court rules and procedures.

If you decide to represent yourself, you can seek out many resources for help, including legal typing services, divorce assistance centers, and self-help law books. You can even hire an attorney as a legal coach.

Pro Per

If you have to interact with the legal system during your child custody battles, either because you need to file some legal papers or because you must go to court, you’re not required to have a lawyer represent you. You can also represent yourself.

If you represent yourself, you are often called & pro per or pro se. Both are Latin phrases meaning “for yourself.”

Pro per litigants can do everything a lawyer can do, including:

o Write and prepare legal documents.

o Investigate prior judicial decisions.

o Conduct discovery.

o Negotiate settlements.

o Argue a case at trial.

Many people represent themselves. One Florida judge estimates that approximately 70% of the litigants who appear before him are pro pers. A California judge estimates that half

to three-quarters of the litigants he sees are pro pers. And the Los Angeles Times reports that as many as 84% of all child support cases involve at least one pro per

parent.

Representing yourself in child custody battles is a statutory right, and many people choose to do so. The right to self-represent, however, does not extend to representing others. Only licensed custody attorneys have the right to represent someone else.

Brent Delaurentis is a father of a 6 year old girl and webmaster of The Child Custody Blog. Because he went through a long and painful custody battle he knows exactly how parents who have to go through this feel. Learn more about Brent and How He Won His Custody Case And How You Can Win Yours By Clicking Here

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Five Easy Steps Towards Finding Lawyers For Child Custody

September 16, 2010 by Maricopa County Court  
Filed under Child Custody, Family Court

By Micheal Stone

Years ago my wife and I decided it would be best for us to separate so that we could live life more happily. What I did not know was that she was planning on taking my children completely away from me. When I learned of this unfortunate dilemma, I was lost with no idea where to begin. I knew that I needed a lawyer, but how could I find a lawyer, especially one that I would have to trust with the future of my children at stake?

Fortunately, I ended up picking the perfect lawyer for my case and ended up with a sole custody arrangement. I followed some simple steps when it came time to pick a lawyer, and I will lay them out for you here so that any parent finding themselves in the midst of a child custody battle will not have to worry about the most important step, finding a lawyer.

Step 1: The first step in finding the right child custody lawyer is to look in your local yellow pages for law firms in the area that specialize in child custody. It is very important to find a lawyer that specializes in child custody because these types of cases are very specific. For a very specific case you need a very specific lawyer. Never forget that the future of your children is on the line, so keep on your toes at all times.

Step 2: After looking in the yellow pages for child custody specific lawyers go to your local family court and ask around for suggestions. It is a very good idea to pick a lawyer that has fought cases in the same court room as your case will be held because the judge will most likely have a small relationship with your lawyer. Child custody battles are different than any other type of litigation because they pull much more of an emotional response from the judge. Having a lawyer who is on the side of the judge can have a substantial difference in the end result of your custody battle.

Step 3: After you feel that you have collected a solid list of lawyers, approximately 5-10, then you are ready to begin setting up meetings. Before you set up your meeting make sure to sit down for twenty minutes and think of all the case specific questions you have for the lawyer. It does not hurt to ask some of these questions before you are actually paying the lawyer. These questions will also give you something to compare the lawyers with.

Step 4: After you have met with all of your candidates and asked the questions you wrote down from step 4, its time to make the final selection. Your budget is also important in this decision, but make sure that you feel comfortable with your choice because they are altering your future. Good lawyers usually win their cases, so this decision is crucial.

Step 5: Now that you have chosen your lawyer, you are well on your way towards winning your child custody battle. Make sure that you tell your lawyer everything that you feel will help your case. He will also need to know the things that might hurt your case. The more your lawyer knows, the more your lawyer can be prepared for. You do not want to have your significant other blind side your lawyer in the court room because the judge will frown upon this.

Now that you have picked your lawyer you are halfway through winning the custody of your children. Remember, your children are your future and fighting for them is well worth the effort. You need to be in your child’s life, so follow these easy steps above and you will have a competitive advantage over your spouse or significant other.

Want to learn more about legal aid for child custody? Visit my website http://www.winchildcustodysecrets.com to learn helpful tips and information on how to win your child custody battle.

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Child Support Lawyer – Know About Them

September 6, 2010 by Maricopa County Court  
Filed under Child Custody, Family Court

By Anna Woodward -

A child support lawyer can help take the confusion out of the process and ensure the rights that are protected. Divorce can be a turbulent experience and negotiating money, visitation and custodial issues can be difficult issues to navigate alone. A professional can help parents navigate through the state guidelines in order to understand how much compensation the non custodial parent can expect to pay.

The legal representative can also help negotiate a fair agreement during divorce mediation if the parents prefer to set their own agreement amount. The amount is based on the income of both parents and calculated so each parent is contributing towards 100% of the kid’s expected cost of living which includes a portioned share of rent/mortgage, utilities, food and other expenses such as school related expenses, sport expenses and other generalized expenses such as insurance. This ideally is the protective cushion that keeps a kid’s standard of living as unaffected as possible by the impact of divorce.

The court views child support as a responsibility that both parents share equally even if the couple is no longer married. It is treated separately from visitation rights because some parents feel they shouldn’t pay support if their visitation is limited or nonexistent.

Enforcing visitation is a separate matter for the court to contend with and it will never impact the court’s stance that amount should be paid. The legal representative can also assist in exploring every avenue to collect that support if the paying parent stops making payments. Options can include garnishing wages or placing a levy against the assets of a non paying parent, all of which should be handled and explored fully with the assistance of a lawyer.

Since this arrangement can be court ordered to continue until the kid is 21 years old if the child is attending college or stop at age 18 for non college attending children, it is important for parents to understand that it is a long term financial arrangement that will change throughout the years as the income of both parents alters.

Other circumstances that can impact this arrangement can include issues such a child living with a guardian other than a parent. Many children up living with grandparents for a variety of reasons and grandparents need to realize that the kid is still eligible for the money even if the care is only expected to be short term. Anyone who is supporting a kid and does not receiving child support can contact a lawyer and learn more about their options for enforcement.

In Nassau County child support lawyer with excellent credentials and experience guides you through the procedure and makes sure that your child is safe and secure. To know more, visit http://www.brubek.com

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Teenagers and Child Custody

By David S Caldwell -

When a married couple gets a divorce, the spouses in the relationship will have to divide their assets, debts, and children. Child custody is a complicated process for younger children, but for children in their teens, the decision is often left up to the child.

When both parents are cleared by the court as being able to reasonably provide for their children, children who are 13 and over are usually allowed to decide which parent will get custody of them. The court usually cannot override the child’s choice in these cases.

When the court determines that one parent cannot reasonable provide for his or her child even if the child is over 13, then the court will determine custody. Custody usually will not be legally changed by the court unless the parents agree upon other arrangements.

This rule only applies when the child is a minor and is 13 or over. When the child becomes a legal adult, which is on his or her 18th birthday, custody no longer becomes a factor since the child is legally able to act on his or her own behalf.

A child who is 18 or older may live wherever he or she wishes, which may or may not be with either of his or her parents. For tax considerations, such as claiming a child as a dependent even after he or she becomes an adult, parents should consult with their attorneys to learn how to proceed.

Going through a divorce is never easy, but some of the burden can be displaced when an teenaged child is allowed to choose which parent he or she will live with.

If your children are not old enough to decide their own custody or if you have any other divorce-related topics you would like to discuss, let the San Jose divorce attorneys of The Law Office of Daniel Jensen, P.C. answer your questions.

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