Child Custody Court – Being Prepared

September 2, 2010 by Maricopa County Court  
Filed under Child Custody, Family Court

By Alan Katz -

Before going to your first child custody court hearing it is a good idea to prepare yourself mentally and emotionally for what may be quite an exhausting and stressful experience. If you have a court hearing scheduled already you are probably experiencing a fair amount of anxiety by now. One of the most important things to remember is to keep your cool at all costs. You do not want to walk into the court room looking like a basket case, as this will do absolutely nothing to help your position. Rather than considering strategies in which you can attack the opposition, it is a much better idea to consider ways in which you can make yourself favorable in the court’s eyes.

One of the things you may want to do is obtain letters of character reference from various sources. If you already have custody of your children and you are the one being sued, you may want to provide documentation from your child’s teachers, or other school officials, about your performance as a parent who is active in your child’s life. It may also be helpful to obtain a letter from your employer and landlord/mortgage holder. These things can help the child custody court determine your stability.

While you do not want to attack the opposition, you should also remember to include any documentation surrounding any allegations of abuse or neglect on their part. It is critical that any claims you are making against the character of the parent you are battling should be backed up with solid proof. Remember that child custody courts deal in facts and evidence so make sure you provide as much documentation you can surrounding any claims of wrong doing, including photographs, witnesses, or any other type of evidence you may have.

Don’t risk the pain of losing custody of your child or getting minimal visitation rights by not knowing the rules of child custody court.

Next, discover the best custody arrangement and how you can virtually guarantee a win in your custody case. Visit my site at www.Child-Custody-Strategies.net

Article Source: http://EzineArticles.com/?expert=Alan_Katz
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5 Ways to Prepare For a Child Custody Battle

September 1, 2010 by Maricopa County Court  
Filed under Child Custody, Family Court

By Davon Jacobson M.D. -

Are you really ready for your child custody battle? The process is quite intimidating and there are many factors to understand. This article will show you five simple ways to prepare yourself for any child custody battle.

1) Be sure to attend all school functions.

One of the most important factors in a child custody hearing is whether or not you are doing your parenting duties. A parent who frequently attends their child’s school activities is one that really cares. Keep in mind you can attend different things like school plays, pta meetings, bake sales, and whatever else they are offering. When other parents see you they can become credible witnesses. The interesting thing is that the mothers seem to stick together and look out for one another and the children as well. Parent teacher conferences can also work wonders.

2) Take your child to doctor and dentist appointments.

Professionals make the best witnesses to any court case. When you take your child to the doctor or dentist, there is an automatic record as proof. These work great in your favor because they show that you are in contact with your child and really care about their well being. The word of a professional is taken very seriously in a court of law.

3) Do not miss any church time.

As far as public places go, church is one of the best. I would highly recommend it if you were going strictly each Sunday anyways. My step brother is a minister and he explained to me that the church is a reflection of the community surrounding it. If you attend a local church then get more involved and include your child. You can even bring your child to Sunday school depending upon the religion you follow.

4) Gather witnesses who you can trust.

Witnesses can literally make or break your case in most instances. Before you call someone a trusted witness, you really need to talk to them and let them know what is going on. It is very hard to tell people about your child custody issues, but when you let them know it really opens up an avenue of trust. Another piece of advice is to not just call them out of the blue. Many people who are in these situations will talk to those around them such as professionals and school teachers.

5) Record all daily activities with your children.

This will be by far the most important step to preparing yourself to fight in court. The judge will actually take this information very seriously. A parent in a situation like this who takes down notes and lists trusted witnesses will have a better chance to win their case. Keep in mind that these notes need to be exact and you have the ability to prove them.

Overall you really need to prepare yourself for the actual child custody hearing. Try to imagine what the judge would think if you were not spending time with your children, or acting as a neglectful parent. Also think of how this will play upon the emotions of the child in question. Take your time and understand that all your actions are examined to determine whether or not you will win the case.

Child custody hearings can be rather intimidating to say the least. I have created a free resource to help you in your divorce legal issues. To examine free articles, e-books, and advice please visit the Child Custody Website today!

Article Source: http://EzineArticles.com/?expert=Davon_Jacobson_M.D.
http://EzineArticles.com/?5-Ways-to-Prepare-For-a-Child-Custody-Battle&id=4865281

What You Should Know About Child Custody Evaluations

By Scott David Stewart -

When divorcing spouses are unable to agree on child custody, a judge may order a custody evaluation. Both spouses participate in the process, where a psychologist or other mental health expert will evaluate both parents and the children and make custody and visitation recommendations to the court.

Since courts usually give significant weight to these recommendations, it is important for divorcing spouses to understand and prepare properly for a child custody evaluation.

First, it is important to know that anything you tell an evaluator is not subject to any doctor-parent legal privilege and will not be considered confidential. While the evaluator is expected to be neutral, their job is to consider the best interests of the child when performing an evaluation.

A typical custody evaluation usually includes:

  • Interviews with each parent and each child
  • Observing each parent’s interaction with each child, both in their office and possibly at home
  • Psychological testing of each parent and each child
  • Interviews with other people in the lives of the parents and children — teachers, doctors, nannies, day care providers, etc.

Naturally, custody evaluations can be a stressful time for the entire family. Preparing properly will help you through the process, and assist the evaluator in understanding your family dynamics. Some tips for preparing for a custody evaluation include:

  • Consider the evaluation as you would a job interview. Be on time, dress neatly and be respectful. Don’t be argumentative or defensive.
  • Be organized – prepare any documents you want to share with the evaluator. List your concerns so you can communicate them effectively.
  • Show that your children are a priority in your life. Share their interests and needs, and keep their best interests in mind at all times.
  • Answer questions directly and succinctly. If you don’t understand a question, ask for clarification.
  • Do not speak negatively about the other parent.
  • Don’t coach your children, but do help them understand the process.
  • If the evaluator asks for further information or documentation, respond promptly.

Following the evaluation process, the evaluator will provide the court with a report that includes custody and visitation recommendations. These recommendations are generally based on the evaluator’s expert opinion as to the quality of the relationship each parent has with each child, how the parents relate to each other and if they have the ability to co-parent successfully, parenting skills, the psychological health of each parent and each child, and any history of drug or alcohol abuse or domestic violence.

In addition to custody and visitation recommendations, custody evaluation reports usually include a parenting plan, guidelines for dealing with conflict, and recommendations for any therapy or counseling that may be needed for parents and children.

Though ordered by the court, the divorcing couple usually pays for the custody evaluation, which typically costs several thousand dollars.

A former Deputy County Attorney for the Maricopa County Attorney’s Office in Arizona, Scott David Stewart is a Phoenix divorce lawyer and founder of Law Offices of Scott David Stewart, a Maricopa County family law firm with practice areas in divorce, adoption, child support, custody and visitation, juvenile law and domestic violence. For more information, visit http://www.SDSFamilyLaw.com.

Article Source: http://EzineArticles.com/?expert=Scott_David_Stewart
http://EzineArticles.com/?What-You-Should-Know-About-Child-Custody-Evaluations&id=4872193

How to Fill Out Child Custody Legal Forms Correctly

By Stanley Hardin -

Divorce can be very difficult for any married couple. Apart from separation of their lives, they need to make arrangements for separation of all assets, whether movable or immovable. However, separation of the kids can be very difficult as none of the parents may want to part away from the kids. In order to get the custody of the kids, you need to fill out certain child custody legal forms. Further, you need to ensure that you fill out the child custody legal forms correctly; otherwise you may risk losing the possession of the kids.

You need to take the current forms from the court. It is possible that rules would have got changed in the near past and if you use outdated forms, your case might get weak. You can even download the current child custody legal forms from the websites of the respective court in your region. There might be certain terms and conditions which you should read and understand completely before signing on them. Otherwise you may land into trouble later on.

In order to prove that you can support the kids comfortably, you would need to provide your income proof. Both the parents can sit back and discuss the nature of the custody that they want. Who would keep the kids during the weekends, needs to be agreed upon. This would ensure that no further legal hassles are in your way. In the absence of mutual consent, the court may be the last resort to get the things settled out.

It is quite important that you say what you have stated in your documents. Any sort of difference in both accounts can jeopardize your case and you may even lose the custody of the child. You need to understand all the processes completely and fill the forms with care so that there are no loose strings attached.

Learn more about child custody forms, please visiting http://www.ddksyxx.com/general/filling-the-child-custody-legal-form/.

Article Source: http://EzineArticles.com/?expert=Stanley_Hardin
http://EzineArticles.com/?How-to-Fill-Out-Child-Custody-Legal-Forms-Correctly&id=4356760

5 Ways to Prepare For a Child Custody Battle

By Davon Jacobson M.D. -

Are you really ready for your child custody battle? The process is quite intimidating and there are many factors to understand. This article will show you five simple ways to prepare yourself for any child custody battle.

1) Be sure to attend all school functions.

One of the most important factors in a child custody hearing is whether or not you are doing your parenting duties. A parent who frequently attends their child’s school activities is one that really cares. Keep in mind you can attend different things like school plays, pta meetings, bake sales, and whatever else they are offering. When other parents see you they can become credible witnesses. The interesting thing is that the mothers seem to stick together and look out for one another and the children as well. Parent teacher conferences can also work wonders.

2) Take your child to doctor and dentist appointments.

Professionals make the best witnesses to any court case. When you take your child to the doctor or dentist, there is an automatic record as proof. These work great in your favor because they show that you are in contact with your child and really care about their well being. The word of a professional is taken very seriously in a court of law.

3) Do not miss any church time.

As far as public places go, church is one of the best. I would highly recommend it if you were going strictly each Sunday anyways. My step brother is a minister and he explained to me that the church is a reflection of the community surrounding it. If you attend a local church then get more involved and include your child. You can even bring your child to Sunday school depending upon the religion you follow.

4) Gather witnesses who you can trust.

Witnesses can literally make or break your case in most instances. Before you call someone a trusted witness, you really need to talk to them and let them know what is going on. It is very hard to tell people about your child custody issues, but when you let them know it really opens up an avenue of trust. Another piece of advice is to not just call them out of the blue. Many people who are in these situations will talk to those around them such as professionals and school teachers.

5) Record all daily activities with your children.

This will be by far the most important step to preparing yourself to fight in court. The judge will actually take this information very seriously. A parent in a situation like this who takes down notes and lists trusted witnesses will have a better chance to win their case. Keep in mind that these notes need to be exact and you have the ability to prove them.

Overall you really need to prepare yourself for the actual child custody hearing. Try to imagine what the judge would think if you were not spending time with your children, or acting as a neglectful parent. Also think of how this will play upon the emotions of the child in question. Take your time and understand that all your actions are examined to determine whether or not you will win the case.

Child custody hearings can be rather intimidating to say the least. I have created a free resource to help you in your divorce legal issues. To examine free articles, e-books, and advice please visit the Child Custody Website today!

Article Source: http://EzineArticles.com/?expert=Davon_Jacobson_M.D.
http://EzineArticles.com/?5-Ways-to-Prepare-For-a-Child-Custody-Battle&id=4865281

Fathers Child Custody Rights

By Micheal Stone -

A father’s role in a child’s life is one of the most influential factors in that child’s life. If you are like thousands of other fathers in the world you may be in the situation where your significant other is trying to take your child away from you. This is not the best option for your child. My name is Micheal Stone and I like you found myself in a situation where I was going to lose custody of my child. By taking some key steps in the right order, I managed to win my custody battle so that my kids and I can live happily together. I will lay out these steps for you in an easy to follow process that will have you well on your way towards winning your custody battle.

• The first step towards winning your child custody battle is to pick out the right lawyer. You will need to find a lawyer who specializes in custody litigation. A lawyer that does not specifically fight custody battles may have a slight disadvantage. Try to pick a lawyer who has fought custody battles in the same court room that your custody battle will take place so that the judge respects his opinion and morals. When it comes to child custody litigation, the judges personal bias and opinion has much more presence relatively to criminal cases. If your judge feels you’re a good father, he will award you custody.

• The second step is to begin building your case. The most important way to successfully build your case is to tell your lawyer everything about your marriage as well as your relationship with your child. Be sure to mention your spouse or significant others relationship with the child as well and be clear and truthful. By exaggerating the case or a story you may end up looking foolish in court. Your lawyer only knows what you tell him, so be sure to not leave anything out.

• The third step is to spend time with your child and leave him out of the middle of your divorce. Do not bring the child into the fights, and try to stay out of ear shot while arguing. The child could end up feeling that it is his fault, and this will not go well with the judge. Make sure to explain to your child the best way you can what is happening and make sure you reinforce that you are leaving him behind in any way.

• The final step when beginning your child custody battle is to try and mediate the case. Litigation is very expensive, and there are services that will mediate your case for a small fraction of the cost of litigation. Mediation is the process of having a single individual hear the case of both sides outside a courtroom and come to a ruling. This ruling is binding by law so do not take the mediation lightly.

By following these steps you will have an advantage over your spouse or significant other. Remember to keep your child out of the cross fire of divorce and be clear and concise with your lawyer. DO NOT stretch any truths or make up any stories because it could come back to bite your case in the end.

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

Article Source: http://EzineArticles.com/?expert=Micheal_Stone
http://EzineArticles.com/?Fathers-Child-Custody-Rights&id=4871163

Child Custody For Fathers to Help Dads in Their Case

By Justin DiMateo -

“Custody for Fathers: A Practical Guide Through the Combat Zone of a Brutal Custody Battle” is a book completed by an experienced family law attorney Michael Brennan focused on the area of child custody.

Reviews coming in for this book claim that finally a well written book made for fathers combating their ex-spouse for child custody has arrived. It offers a positive, hand-holding strategy to give dads the additional self-confidence to do the right thing. The details given are such that you are instructed on the proper body language for the courtroom.

Some dads are mistaken in the thinking that if you permit the mom to have 100% or full custody that they can return later in a couple of years and get joint custody, but this is far from the truth as it is a rare occurrence.

It is vital that fathers establish themselves prior to acquiring custody. The moment you lose custody, your chances of maintaining an active role in your child’s life decrease. Allowing full control by your ex-spouse can be tragic if the divorce was combative since it is well documented with cases whereby mothers have brainwashed their kids against their father.

Do you really want your ex-wife to control all the major decisions and factors of your child’s life that a Dad should do or customarily does.

When it comes to acquiring child custody from a divorce and fighting for the optimal interest of your children, you have to put up a mighty forceful fight. There is no area for doing it half-way for lack of knowledge. The old adage of knowledge is power definitely applies. Wouldn’t you as a Dad like to teach more adages to your child?

It is mistakenly thought that dads can easily gain either sole or joint custody of their children. This is not true. And this book emphasizes the significance of getting a successful child custody strategy in place in the beginning. If this is done half-way, to put it lightly, then it is very hard to modify the current agreement, especially if it was inserted by the court from the collapse of the parent’s relationship.

It is important for fathers to completely know how the legal system operates, how the child custody laws are different in various states and how to do the best they possibly can when custody analyzing is being performed.

Another testimonial from a reviewer, “I feel confident that the information in this book will assist me in raising my chances at a minimum of being able to spend time with my child, counter-acting the negative efforts of the mom. The book is without a doubt worth the minor investment and time to be able to spend time with your child.

Justin suggests you get this book and choose a lawyer who specializes in the field and get yourself informed thoroughly.

Find a child custody lawyer to help your cause and remain present on your child’s life.

Article Source: http://EzineArticles.com/?expert=Justin_DiMateo
http://EzineArticles.com/?Child-Custody-For-Fathers-to-Help-Dads-in-Their-Case&id=3537957

Learn How the Category of Child Custody is Determine

By Daniel K. Williams -

One of the pertinent legal questions that arise during a divorce proceeding is regarding child custody. Who has the right to the custody of the child is one of the common issues that you may need to contest. If this is the situation, you need to talk to a competent family lawyer specializing in the field.

Before you consult your lawyer, here is a brief guide about the basics of child custody in Maryland for your help. This knowledge would help you understand the relevant legalities and take necessary action immediately.

Before you gather information about the different categories of child custody, it is better to know two fundamental concepts – physical custody and legal custody. Physical custody refers to the residential status of the child. The parent with whom the child lives has the physical custody right.

Legal custody, on the other hand, is about the upbringing of the child. The parent(s) with the right to deciding what is best for the child has the legal custody. It is on this basis on which the categories are determined in Maryland.

Temporary Custody – Before the litigation process begins, the parent with whom the child is living needs to file for temporary custody. This is not any form of legal custody ordered by the court. It is only a temporary settlement until a resolution is reached.

Joint Custody – This is where the parents share the physical and/or legal custody of the child. The court considers this only if there is enough proof that the two partners are capable of agreeing on matters of importance.

Split Custody – This is applicable when there are two children. Each parent is then given full physical custody of one of the kids. However, this is dependent on the question of what is best for the children.

Sole Custody – In case this custody is ordered, only one parent gets the physical as well as the legal custody of the child. The other may or may not be given the right to visitation, as per the directives of the court.

Maryland child custody is based on the ‘best interests of the child’. There are certain factors that help determine what would be best for the child’s present and future. Here are a few of the points of consideration.

• Who takes care of the child? (The parent who takes care of the day-to-day needs of the child has an added advantage)

• What is the character and reputation of the parent? (If one of the parents is a criminal or a drug addict, the other has an increased chance of getting custody)

• Who is financially sound? (This is important because the child needs good upbringing and education)

• How dutiful is the parent? (If any of the parents have ever abandoned the child, it is considered a negative trait)

• Where do they live? (This is important, as this would determine the extent to which the child could be visited by the other parent or the extended family)

Other things that are taken into account to decide on child custody are the age, sex and health of the child, his/her preference (f he/she has reached a suitable age), length of separation, presence of any previous agreements, and such others.

Article Source: http://EzineArticles.com/?expert=Daniel_K._Williams
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Child Custody Fathers Rights – Are Fathers Really at a Disadvantage in the Family Court System?

By E Brooks -

There are numerous articles, websites, and organizations that are dedicated to fighting for fathers rights. The common knowledge seems to be that father face an uphill battle and that mothers will always do better in family court than fathers. But are these based on truths or perception, or could something else be going on here?

If you search on fathers rights, fathers custody rights, or any other variation of these terms you will find a listing of websites that will try and tell you that if you are a father you can expect the family court system to fail you miserably. In my experience with fathers seeking a custody order they often start their conversation by capitulating their position and asking how much visitation time they can get if they throw themselves on the mercy of the court.

So imagine how a father who has no representation and simply accepts his fate would be treated by the court system. He would simply take what was given and then perpetuate the notion that the de facto standard is still intact. But it doesn’t need to be that way.

In my experience fathers are at a gender disadvantage when the child is an infant and is still breast feeding. But after that the gender gap narrows considerably. There are still problems that occur more frequently for men than women but they are primarily based on things like routines. If a man is the primary caregiver (as has been dominant in our society) and mother stays home to raise the child, then the court may be reluctant to change the routine. But this issue is about changing the child’s routine and not the gender. This outcome is based on routine an not gender.

What that tells us is that if a man takes the time to educate himself about how the family court system works and applies that knowledge to his own personal strategy, then he stands a great chance of getting the outcome he expects. This is a far cry from the poor man that simply shrugged his shoulders and let the system happen to him.

But what about the man who can’t afford an attorney to represent him? Can he still expect to have a favorable outcome against his ex’s attorney? I believe he can. It takes dedication and time to learn the system but it can be done and the results can be better than you ever imagined. The reason is that if a man handles his own strategy he can take advantage of his intimate knowledge of the case and the ex and exploit that knowledge when the opportunity presents itself.

Want to learn more about high conflict child custody resolution? Receive my brand new series Child Custody “Court Processes and Case Flow”.

Want to learn more about handling Child Visitation issues you can find it here.

Ed Brooks knows firsthand how painful a High Conflict Child Custody battle can be.

Article Source: http://EzineArticles.com/?expert=E_Brooks
http://EzineArticles.com/?Child-Custody-Fathers-Rights—Are-Fathers-Really-at-a-Disadvantage-in-the-Family-Court-System?&id=2597493

Child Custody and Religion

By Andrew Carnigie -

When religion gets involved in already messy child custody and divorce proceedings, things can really get ugly. Parents may not agree on whose religion the children will be part of. This argument has been exploding into courtrooms because of the increased divorce rates. Because of the complexity and the fact that the federal government does not want to get involved in religion, the local courts often have contradictory rules.

The main problem in cases like these is conflicts between the rights of parents and the interests of children. The courts need to try and not violate the first amendment freedoms to religion without endangering children.

Case law is fragmented, but courts have ruled that one or both parent’s religious activities were not in the best interest of a child. In some cases, the child’s own viewpoint is considered by the court. In one case, a appellate court sent a case back down to the lower court so they could gather evidence on a child’s wishes. Courts will often rule in this way for children over 12 for both religious conflicts and general custody and visitation rights. However, the supreme court has not yet ruled on this issue, so often the law varies from state to state. Some places that have “cult” religions are particularly troubled by this problem. In one example, Denver family law attorneys argued that child custody and religion is something that should never come up in Denver divorce courts. Most states use one of three standards to decide on child custody standards.

One is called the actual substantial harm test, where courts will only curtail first amendment rights if the practice causes harm to the child. States like these also use this standard to restrict other parenting rights. An injury attorney will have a hard time working around this clear statute. Another standard is called the risk of harm standard, and applies earlier – if the religion will likely harm the child in the future. The final type is called no harm required, and is the hardest for Denver child custody arguments because the custodial parent is considered to have free reign over the child regardless of the other parent. The other parent has to then prove that the religion is causing harm to the child. In these states, non-custodial parents are expected to defer to the custodial parent in all matters religious.

Some interesting rulings on child custody include a Washington state case where the court ruled that simply being exposed to two different religions cannot be considered harmful. A Ohio case against Jehovah’s Witnesses ruled that going against community norms and imposing social restrictions is not harmful. However, another case ruled that threats or physical actions to force children to do a particular religion are not lawful.

Divorce and child custody battles can be hell. I bring years of experience with Denver family lawyers to try and give the average man a chance when representing himself in court. Visit my Denver attorney blog to find more about self-representation.

Article Source: http://EzineArticles.com/?expert=Andrew_Carnigie
http://EzineArticles.com/?Child-Custody-and-Religion&id=4509039

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