May 21, 2012

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Child Custody Evaluation

May 14, 2012 By Leave a Comment

By Jean Mahserjian -

A child custody evaluation can be ordered by a court if you are involved in a custody dispute with your spouse. The custody evaluation can be required in an initial custody case or in a subsequent case if one of the parents requests that the issue of custody be modified. If you are seeking primary custody of your child, you’ll want to know the guidelines for the child custody evaluation that you will have to undergo. To some extent, these guidelines vary from state to state, so you will need to discuss the child custody evalutaion process with your attorney or your state family court.

In general, a child custody evaluation involves a series of meetings between the parents and children and a professional who will assess the custody issue. Sometimes that professional is a psychologist. Sometimes it is a professional with an Masters and sometimes a Doctorate degree. In some states the professional simply investigates and reports the details of the investigation to the court. In other states, the professional doing the child custody evaluation actually gives the court a recommendation as to how custody should be determined.

The manner in which a child custody evaluation is used by a court can also vary from state to state. In some states, the judges put a higher priority on the wishes of the children and that issue is addressed in the custody evaluation. In some of those states, the child’s wishes are considered if the child has attained a certain age. InIllinois, the child’s wishes is a key factor. In other states, it is only one factor or not a factor at all. In Alabama, a chid’s desire is not considered as a reliable factor in determininig custody, so the factors to be given priority over the child’s wishes in the child custody evaluation are more focused on the well being an safety of the child.

A child custody evaluation can involve an investigation into moral habits and issues such as alcohol or drug use, church affiliation and family support system. Other issues that can and often are reviewed in a custody evaluation include factors that are unrelated to moral habits, but which are more focused on the determining which parent can satisfy the child’s needs, include the ability to provide an appropriate home, school support, and so forth.

A child custody evaluation can take months to conclude. The investigation aspects can include a review of any existing counseling records for the family, either or both parents, or the children, any mental health records for any of those parties, any criminal records, school records for the children, and one or more interviews with each parent and child and any other individual that the court deems appropriate. For example, if a companion or significant other is living with a parent, that person could have an impact on the day to day lives of the children. The court may want that person included in the child custody evaluation. Some of the evaluation interviews are conducted individually, and some are conducted with parent and children together. That format is dictated by the professional conducting the custody evaluation.

If you are involved in a custody dispute and you will be involved in a child custody evaluation, speak with your attorney about the process that you and your children will be subjected to. Be prepared and open and provide all of the information that is requested of you. Most of all, find out what you are able to say to the children to prepare them for the interviews that they will have to attend.

Attorney Jean Mahserjian is the author of numerous websites and books devoted to helping consumers through the process of separation and divorce. To download free excerpts from her family law books, visit: Divorce and Child Custody

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The Court Determines Child Custody

May 9, 2012 By Leave a Comment

By David Chandler -

A child custody proceeding is any case involving child protection, adoption, guardianship, termination of parental rights or voluntary placement of your child.

The support order will be based on the child’s needs, obligor’s ability to pay, custody arrangements and the child support guidelines. The Criminal Code makes it an offence to abduct a child to spite a custody order. A custody order establishes both the custody and parenting time arrangement for the children. Your child custody order is also confidential.

When an unmarried mother has a child, the mother has legal custody of that child until a court says otherwise.

During divorce, marriage, or annulment proceedings, the issue of child custody often becomes a matter for the court to determine. The Court must consider the following factors in every child custody decision under the law regarding the best interest of the child. The court retains the power to alter the custody arrangements until the child turns 18 or is emancipated.

You may contest custody, child support, and alimony and property division by appearing in court and filing appropriate legal papers. At the hearing, the court shall hear evidence to determine whether the child custody and support determination should be modified. The fact that one parent has been the child’s primary caretaker is often considered but is not enough to guarantee a custody award. It is not that unusual for middle class parents to spend $60,000 on a divorce and child custody fight. Traditionally, divorce in the United States results in one parent being awarded primary custody and decision making for a child.

Rights

Each parent shares the rights and responsibility for the care, custody, companionship, and support of their children. Some states, such as Arizona, have fathers rights groups specifically dedicated to helping fathers obtain custody of their children (arizonafathersrights.com for example).

Definitions

Custody means that a parent has legal custodial rights and responsibilities toward the child.

Joint child custody means that both parents have the legal custodial rights and responsibilities toward a child. Joint custody allows both parents to have a say in the child’s upbringing. There is no evidence to support that a presumption of joint custody is in the best interests of children. A study found that only when parents were still actively fighting did joint custody exacerbate children’s feelings of being torn between parents. However, when both parents favor joint custody, it can be a good solution for the children. Some parents have chosen a joint-custody arrangement in which the child spends an approximately equal amount of time with both parents. Some states award joint custody in which the judge simply divides the child’s time between the parents. Joint custody does not mean simply alternating where the child lives from time to time. In fact, there may be legal joint custody, but the child may live with only one parent.

Legal child custody includes the right to make decisions about the child’s education, religion, health care, and other important concerns. A child may be placed in foster care while a custody case is pending. Legal custody means the right to determine the child’s upbringing, including education, health care, and religious training.

Physical custody and residence means the routine daily care and control and where the child lives. Physical child custody is awarded to one parent with whom the child will live most of the time. In most cases, both parents continue to share legal child custody but one parent gains physical child custody. There is also a presumption that it is in the child’s best interest to be in the custody of a parent over a non-parent.

Visitation rights allow the non-custodial parent (the person without child custody) time to spend with their child. A common arrangement is that one parent gets custody of the child and the other parent is given visitation rights.

Evaluation

A child custody evaluation is a report written by a neutral professional about you, the other parent, and your children. It is usually not necessary that formal psychological tests be administered to each parent in the context of a child-custody evaluation. The primary purpose and focus of the custody and/or visitation evaluation is to determine what is in the best interests of the child. Comprehensive child custody evaluations generally require an evaluation of all parents/guardians and children, as well as observations of interactions between them. The children are also evaluated in a custody/visitation evaluation.

Attorney

Because of the complexity of child custody matters and the importance of the outcome, it may be advisable to contact an attorney. The attorney should know several child custody evaluators or guardian ad litems that they have worked with successfully. If you proceed with a child custody action without an attorney, you are acting as your own attorney.

In a child custody dispute, there are rarely winners, frequently everyone is a loser, and the biggest losers are often the children. When women fear losing custody of children the stress can be overwhelming. However, in many cases, women are favored as holding custody of their children.

For more information about child custody, visit Child Custody

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Child Custody Laws for Single Parents

May 1, 2012 By Leave a Comment

By Amie Haskett -

Child custody is a very emotional subject and even more so for single parents who are not married. Custody battles can become very nasty when the father does not accept paternity, when unmarried parents do not live together or when a relationship comes to an end.

Child Custody Laws

We will focus on custody laws relating to mothers and fathers who have never been married to each other, with children born out of wedlock. Divorced couples may also be known as single parents, but the same laws do not always apply. As laws differ from country to country we cover general principles only. In the United States each state has its own. If you live elsewhere in the world, do an internet search for child custody laws applying to single parents.

The Rights of the Child

The basic principle remains the same for all child custody laws. The rights of the child come first. The United Nations Convention on the Rights of the Child specifies that in all legal matters, countries should act in the best interests of the child. Children of single parents have the same rights as children born in wedlock.

Children’s basic rights include:

  • The right to life
  • The right to a name and nationality
  • The right to be cared for by his or her parents
  • The right to have contact with both parents

The Rights of Single Parents

Child custody describes the legal relationship between a parent and child. This relationship involves both rights and responsibilities. Rights regarding custody for single parents could include:

  • both biological parents have automatic custody rights
  • the unmarried mother has automatic custody
  • the unmarried mother has to apply for custody
  • the unmarried father has to prove paternity before applying for custody even if his name appears on the birth certificate

Types of Child Custody

Most family courts support the idea of joint custody as children benefit from a strong and close relationship with both parents. Depending on the circumstances, different types of custody can be awarded to single parents

  • sole legal custody – one parent makes all the decisions
  • shared legal custody – both parents make the decisions
  • sole physical custody – the child lives with one parent, with the other having either unsupervised or supervised visitation rights
  • joint physical custody – the child spends more or less the same amount of time with each parent.

If the biological single parents are too young, or not considered fit to care for the child, the courts may award custody to a third party, such as a grandparent.

Evaluation tools for awarding custody

Courts do not use a fixed list of rules when awarding custody to single parents. A judge may consider the following factors or situations:

  • age of the child
  • best interests of the child
  • child’s preference
  • relationship between child and each parent
  • primary caregiver to date and impact on the child of any change
  • ability of the parent to provide a comfortable, stable and caring home
  • relationship between parents
  • parents’ preference
  • evidence of alcohol or drug abuse by either parent

Find out the custody laws for your state or country. Even if you are in a good relationship with the father or mother of your child, unmarried single parents living together should formalize all child custody issues.

For more information regarding single parents, visit us at www.singleparentcenter.net.

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Child Custody – Things the Judge Will Consider

April 23, 2012 By Leave a Comment

By Lucille Uttermohlen -

Whether you are getting a divorce, or were never married, the court has guidelines it must follow in awarding custody of a child. In general, it is the court’s duty to place the child where it would be in his/her “best interest” to live. The following are some of the things a judge would normally consider.

The age and sex of the child can be important. If a boy is old enough to decide that he wants to spend more time with his dad, the judge may let him move in. If a girl feels that her step-mother is … well, not the good witch, a court may listen to what she has to say in favor of her mother’s home. The child must be old enough, and sufficiently mature to understand what he/she is requesting. If the judge thinks he/she is, serious attention can be paid to the child’s wishes.

The persons sharing the custodial parent’s home can be relevant to a custody modification. If the mother’s boyfriend is abusive, or the father’s new wife is hostile to his kids, the court may decide that the child would be better off with the other parent. If the child is mistaking needed discipline for cruelty, however, the court may decide that his/her stability is best served by remaining with the custodial parent, even if that parent won’t let the child blast his music at full volume whenever he/she wants.

If there are other children, the court may look at whether the child would suffer by being separated from his/her siblings. Even half siblings can form strong bonds, and it may not be good for the child to live in the other parent’s home if to do so would cause them to be apart. This factor can be neutralized by the existence of half siblings in both homes. Still, the child’s relationship with these other children can be important.

Drugs and alcohol can also play a part in a custody determination. Obviously, a parent who drinks to excess or engages in the use of recreational drugs may lack the judgment to provide a safe home for the child. The risk of dangerous behavior or even being jailed could make this kind of parent a bad choice for a child’s primary caretaker. In addition, if the parent is violent, or can’t protect the child from others who are, the child may be better off in the other parent’s home.

The things a judge uses to determine where a child should be placed, also depend on the situation. Most judges don’t like to talk to small children because they are unable to appreciate the significance of the proceeding. However, an older child may be able to provide useful information regarding his/her own best placement. School records can also be useful in assessing a child’s home situation. A straight “a” student who is suddenly flunking may be in need of the other parent’s care. If the child is getting therapy, the counselor’s opinion may be valuable. Finally, the court can ask for reports from independent persons, such as guardian ad litems, if the judge is convinced that the parties and their witnesses cannot give adequate information on which to base a fair decision.

Copyright (c) 2009 Lucille Uttermohlen

Lucille Uttermohlen has been a family law attorney for 27 years. If you hav questions about divorce, or any other legal issue, visit Lucille at http://www.couple-or-not.com for answers.

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How to Choose a Family Law Attorney

April 18, 2012 By Leave a Comment

By Michael Zmijewski

Speaking with a family law attorney is a tough decision to make. But even tougher is knowing whom to hire when legal advice is needed. Many people feel desperate and hire the first family law attorney they find in the Yellow Pages. While some people get lucky doing it like this, it is more likely that individuals become frustrated and extremely dissatisfied with the final outcome. This dissatisfaction and frustration can be completely avoided by knowing how to choose the right family law attorney to help.

The relationship between the attorney and the client is a personal one as most family law cases are very delicate and sensitive in nature. These cases deal with marriages and/or children, so it is extremely personal. If an individual is not comfortable speaking about these highly personal matters with an attorney, look for a new one. It is okay to be selective. The attorney needs to listen and provide a feeling of confidence that they are competent and able to properly represent.

When an individual needs to have a surgical procedure done, they go to a specialist, not a general practitioner. The same is true about attorneys. While any attorney may state that they are competent enough to handle a divorce or child custody case, it is essential to locate an attorney that does nothing but family law. This ensures they know the “ins and outs” of the law in this field and are up to date on all new laws and regulations. When selecting an attorney, individuals should ask the attorney how many cases they handled similar to their own, if they are a member of the family law section of the state bar association, and if they have practiced family law in a specific county.

The right family attorney will make the time for the client. If they seem too busy to provide 100 percent of their attention to the case, look for a new attorney. To find out about their commitment to the case, ask them questions such as how many cases they are actively involved with right now, their policy regarding returning emails and phone calls, and how often they communicate with clients.

Many people think they need a shark in the courtroom when it comes to family law cases, but often times the peacemaker is the best family law attorney. Individuals should want an attorney that will settle the conflict without it having to see a courtroom. People should think about it like this, the longer the fight goes on, the more money the attorney will make. A shark tends to create further conflict, making it longer to settle on an agreement. Do not underrate civility.

The last item to think about when choosing the right attorney is their fee. While this may seem like an uncomfortable topic, it is vital to discuss fees. The fee agreement needs to be in writing and provide details as to the representation the attorney will provide. Ask questions such as what is the hourly rate, how often are invoices received, what billable rates are for others that may work on the case, and how to keep fees to a minimum.

Our experienced Orlando Family Law Attorney can help to guide you through the process of separation, divorce, property settlement, alimony, child custody and child support, visitation, adoption, dependency and domestic abuse – injunctions. Our Orlando Family Law Attorneys offer the aggressive, compassionate and assertive advocacy you need to accomplish any legal objective. For more information, please go to [http://www.orlandofamilylawattorney.net]

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Child Custody in Divorce Cases – Should You Make It A Fight?

March 20, 2012 By Leave a Comment

By James D Garrett -

Child custody issues are by far the most emotionally charged aspects of any divorce case. In no other area do the decisions made by you, by your spouse, or by the judge have a more lasting impact than those affecting the lives and future of your children. When faced with issues of child custody in your divorce, you need to consider the term “winning” and put that term in context. How do your goals interplay with what is in the best interest of your children?

Before deciding whether to proceed with litigation or to negotiate a child custody settlement, you should have an honest talk with your divorce attorney. You should first realize that, unless your spouse is an actual danger to your children, they are going to have a role to play in their lives. Barring documented occurrences of physical abuse, neglect or criminal activity, family court judges are not going to severely limit their involvement in your children’s lives.

It is best to make every effort to negotiate a custody and visitation schedule that both parties find to be fair. Even if you may not be entirely satisfied with the arrangement, the fact that you are reasonable and flexible will be rewarding in future dealings. Remember, your divorce ends your marriage, not your dealings, and certainly not your children’s dealings, with your spouse.

After a divorce is final, there are inevitably situations that arise later that require cooperation with your ex-spouse. Bitter child custody fights can lead the parties to have less of a chance to resolve those issues amicably. Right or wrong, judgments on issues such as proper courses of discipline, school behavior, and medical decisions can be clouded by feelings of resentment to a former spouse. Ex-spouses who have the feeling that you dealt fairly with them in the child custody case are far more likely to voluntarily contribute for unforeseen financial burdens or extracurricular activities.

Financially, you will be in a better position if you can negotiate a divorce settlement. A good divorce attorney is not defined by the cases where their clients “win”, but rather by the situations they can settle to everyone’s acceptance. Contested divorces, especially those dealing with child custody, are very expensive. Contested child custody cases are also the most likely to be set for rehearing at a later date due to non-compliance by one party, or a difference on opinion regarding the interpretation of a Court’s orders. Those later matters will be an additional financial burden for you to bear. Parties who show a willingness to negotiate a settlement are far less likely to have future contested issues, and if they do, they tend to resolve them without court action.

Finally, you should consider your children’s needs and how they will perceive the court proceedings. Many parents tell their children that they are only fighting for them. Well, that may be true, but children are affected by their parents arguing, whether it is in the family living room or in the court room. How will your child feel later in life if you seek to limit their contact with the other parent? How will the other parent talk about you in front of your children when you’re not around? How will this affect your child? Children raised by two loving parents who show respect toward each other are proven to better ready for adulthood. And that should be the goal of every parent.

James Garrett is a family law attorney in Virginia Beach, VA and the founding member of the Garrett Law Group, PLC. His practice focuses on criminal and traffic defense, divorce and child custody, and personal injury recovery law. If you have questions or comments regarding these matters, please contact him at (757) 422-4646 or at garrettlawgroup@yahoo.com for a free consultation regarding your case.

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Family Lawyers Help Set Up Child Custody

March 6, 2012 By Leave a Comment

By Jon Nestorovic -

When you are involved in a divorce, it is an emotional time. When children are involved it becomes an even more emotional process. Of course both parents think that they are the best parent to raise their children. Trying to sort out child custody and child support can often be the most difficult part of a divorce.

Child custody decisions are the most common cause of arguments during a divorce proceeding. Your divorce lawyer, or family lawyer, should be able to help you work through this facet of the divorce. In some cases such as ones involving child abuse or neglect it is easy to determine which parent should receive custody of minor children. However, in many cases child endangerment is not an issue. There are four main types of child custody; physical custody, legal custody, joint custody, and sole custody. It is important that you speak with your family lawyer about what type of custody you should file for.

Physical custody means that the child lives with you. They may still have visitation with the other parent, but for the majority of the time they live in your home.

Legal custody involves their care, education, medical requirements and religious beliefs. In many cases even when one parent has physical custody the legal custody of the child is set as joint. This means that both parents have a say in these things. This can create problems if the parents did not part on good terms.

Joint custody is when both parents get to spend equal amounts of time with their child. This works best when both parents live close to each other. It reduces the disruption in the child’s normal routine. If the parents live far apart and the child has to spend 6 months with one and 6 months with the other, this is disrupting for them. They have to make new friends and attend new schools, get used to being in another city or town. This can be very difficult for the child involved.

Sole custody means that one parent has full custody of the child or children. This can be sole physical or sole legal custody. Most judges will give sole physical custody to one parent if the other parent has been found unfit. This could be because of alcoholism, a drug abuse problem, or child abuse; this type of custody could also be granted if the other parent cannot provide a safe living condition for the child. This could still result in the other parent being able to arrange supervised visitation with their child. Most judges try not to give both sole physical and sole legal custody to one parent.

A Family Lawyer will be able to help you determine if you have grounds to try for sole custody of your child or children. They can help you acquire the documentation you may need for this type of custody.

If you are considering a divorce you need a Family lawyer Mississauga to represent you. Contact us at Familylawyersmississauga.ca We are a Canadian based Family Law Firm.

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Overview of Spousal Maintenance Awards in Divorce and Legal Separation

January 12, 2012 By Leave a Comment

By Scott D Stewart -

In a divorce or legal separation, spousal maintenance may be ordered by the court to provide important financial support for one party or the other. Maintenance is paid by one spouse (or former spouse) to the other spouse (or former spouse). Some states refer to such support as alimony, others as spousal support. In any case, the purpose and result is the same, as we’ll discuss in this article.

Historical Basis for Alimony — Times Have Changed

There was a time when traditional marriages were entered into with the understanding and agreement that only death could terminate the bond. A divorce was only possible when there was evidence of marital misconduct, or fault. Once fault was established, the court looked to punish the party responsible for destroying the marriage.

Need for Alimony. Alimony was a solution to a very real economic problem. A divorced woman’s chances of finding work sufficient to support herself, even marginally so, were not promising. Knowing this, the courts were unwilling to let a husband impoverish his wife if he was guilty of marital misconduct. Receiving alimony sustained the wife who had kept her marriage vows, and paying alimony punished the husband who had not.

Punishing the Wife — No Alimony. A wife who caused the marital breakdown often found herself in immediate, serious financial trouble. Alimony was not generally available to her. The court reasoned that her post-divorce financial woes were the direct consequence of her guilty acts, and the punishment was deemed appropriate.

Punishing the Husband — Pay Alimony. As the family wage-earner, when the husband caused the marital breakdown the court granted the divorce and ordered him to continue supporting his ex-wife — support in the form of alimony. The guilty husband could not escape his obligation to support his wife, even after the divorce. The support was paid weekly or monthly, and could keep the ex-wife in the standard of living to which she had become accustomed during the marriage.

If the parties were unhappily married and both were without fault, then there were no grounds for divorce. Some couples colluded to achieve their desired result — ending a marriage they both wanted out of. When both husband and wife were at fault, the court was still unwilling to dissolve the marriage as they deserved each other and, consequently, were stuck in the marriage.

Uniform Marriage and Divorce Act.

By the middle of the 20th Century, sensibilities about the traditional marriage had changed significantly. Wives increasingly became wage-earners alongside their husbands, and the stigma of divorce was fading. In a sweeping legislative reform, Arizona adopted the Uniform Marriage and Divorce Act (UMDA), as did Colorado, Illinois, Kentucky, Minnesota, Missouri, Montana, and Washington.

The UMDA (1970) allowed for the irretrievable breakdown of a marriage, which could occur without any fault. Today, our Arizona courts cannot consider acts of marital misconduct in deciding whether to award spousal maintenance.

Eligibility for Spousal Maintenance — How It Works Today

In general, when determining the appropriateness of a maintenance award the court must conduct a two-part analysis.

First, A.R.S. � 25-319(A):

As a threshold question, a spouse must establish eligibility for alimony. In this first step, be prepared to answer questions like the following:

What property does the spouse have? Is the spouse already self-sufficient? Does the spouse need to stay home to care for a child? Could this spouse earn enough money to be reasonably self-sufficient? Did the marriage last many years, maybe a decade? Was the couple only married for a short time, maybe a year or two? Is the spouse at an age that would make self-sufficiency through employment impossible?

Second, A.R.S. � 25-319(B):

Second, the court considers all relevant factors in the family law case. Although the court has broad discretion, the 13factors presented in the statute provide a framework for the judge’s analysis. Here are some questions that should be asked, and answered, in this second step:

1. Standard of Living…

Did the parties live well? Were they affluent? Did they maintain a high standard of living? Did they live modestly? Did they get by with limited resources?

2. Marriage Duration…

How many years were they married to each other? Did the couple invest years in their marriage?

3. Age, Employment, Earning Ability of Supported Spouse…

Did the spouse seeking support quit working outside the home to raise their children? What jobs did that spouse have in the past? How much could he or she reasonably earn? What education does that spouse have? Would training or an education improve that spouse’s employment options?

4. Supporting Spouse’s Financial Ability…

How much does the supporting spouse earn? Can the supporting spouse take care of his or her own reasonable needs, as well as provide support for the other spouse?

5. Comparative Financial Resources and Earning Ability of Both Spouses…

Will one spouse substantially out-earn the other under most circumstances? Does one spouse’s property interests greatly exceed the other’s? Is there a significant financial imbalance between the spouses?

6. Contributions from Supported Spouse…

Did one spouse maintain the household and care for the children, freeing the other spouse to concentrate his or her efforts on career employment?

7. Extent Supported Spouse’s Lost Career Opportunities…

Did one spouse set aside his or her career, education, or employment goals so the other spouse could get ahead?

8. Ability of Both Spouses to Contribute to Children’s Educational Costs…

Will each spouse have sufficient funds to help with the children’s educational costs? Will a spouse only be able to help with the children’s educational expenses if he or she receives help in the form of spousal support?

9. Financial Resources of Supported Spouse…

Does the spouse have sufficient property to take care of all his or her needs without financial help? What makes up that spouse’s community assets?

10. Time Needed for Training or Educational Program…

Is it possible for the spouse seeking maintenance to get vocational, college, or university training to improve overall employability? With an education, will that spouse be able to build a sustainable career? How much money would be required to get the necessary education or training? How long will it take to get through that training or educational program?

11. Excessive or Abnormal Expenditures and Concealment…

Did the spouse hide property and assets or commit other destructive or wasteful acts?

12. Health Care Insurance Costs…

What will be the cost of health care insurance coverage for the spouse seeking support after the divorce?

13. Damages and Judgments from Criminal Conduct…

Was there a conviction of domestic violence committed against the other spouse or their child? Were there any other convictions in which the other spouse or child was a victim?

Maricopa County Spousal Maintenance Guidelines.

In an attempt to improve predictability and consistency in awards, the Maricopa Spousal Maintenance Guidelines were developed. The guidelines provide a formula from which a monthly support amount and support duration can be calculated with greater certainty. The formula allows for predictability and uniformity from one case to the next.

Guidelines Are Discretionary. As useful as Maricopa’s guidelines are, their application is purely discretionary with the court. There is no mandate, or requirement, that a judge use any guidelines at all in his or her maintenance analysis. In the case of Ramsay v. Ramsay, 224 Ariz.467, 232 P3d 1249 (Ariz.App. 2010), the Court of Appeals stated once again that:

“There are no legally authoritative ‘guidelines’ governing spousal maintenance in MaricopaCountyor any other Arizonacounty. A.R.S. � 25-319(B) vests the trial court with broad discretion to determine the amount and duration of spousal maintenance awards after due consideration of the factors that the Legislature articulated. The statute does not direct the court to refer to any set of guidelines, and the court’s disregard of any such informal reference materials cannot give rise to a finding of abuse of discretion.”

The best approach to resolving spousal maintenance issues is by thorough preparation. Substantiating a spouse’s position on maintenance, with strong supporting evidence on each of the 13 factors, may be pivotal in achieving a favorable outcome in the case.

Scott David Stewart, a Martindale-Hubbell AV-rated attorney, is the founder and principal of the Law Offices of Scott David Stewart, pllc.

The Law Offices of Scott David Stewart, pllc, an Arizona divorce and family law firm with offices in Phoenix and Chandler, represents clients in Phoenix, Chandler, Scottsdale, Mesa, Gilbert, Glendale, Peoria, Tempe and Surprise. Areas of practice include divorce, child custody, parenting time and visitation, child support, spousal support (alimony), property and asset division. Every case accepted by the Law Offices of Scott David Stewart, pllc, receives personal attention, careful meticulous preparation, skilled negotiation, and aggressive litigation. The firm’s website is http://www.SDSFamilyLaw.com.

The firm will continue focusing on family law, including divorce, child custody, parenting time and visitation, child support, spousal support (alimony), and domestic violence.

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http://EzineArticles.com/?Overview-of-Spousal-Maintenance-Awards-in-Divorce-and-Legal-Separation&id=5947561

 

 

Filed Under: Family Court Tagged With: , , ,

Father’s Rights

November 15, 2011 By Leave a Comment

By Holcy Thompson III -

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.

Article Source: http://EzineArticles.com/?expert=Holcy_Thompson_III
http://EzineArticles.com/?Fathers-Rights&id=6627520

 

 

Filed Under: Father's Rights Tagged With: , , ,

The Truth About Family Court and Attorneys

June 22, 2011 By Leave a Comment

By Michael Weening -

A statement made by Ben Franklin two hundred and fifty years ago is not nearly as true as it once was!

“He (or She) who represents themselves in court has a fool for a client.” – Benjamin Franklin

Today this statement is entirely untrue as it relates to the family law system and attorneys practicing Family Law. In fact, the real truth is found in another famous quotation:

“A fool and his money are soon parted” – Unknown

When I became involved in the Father’s Rights movement in 1990 there was one recurring issue that kept surfacing in almost every conversation I had with hundreds of men. The issue: The value and necessity of family law attorneys! To understand the dubious nature of a family law attorney you must first understand how family law proceedings are very different than other court proceedings.

Family Court conducts itself differently than other forms of civil and criminal law. In family court, everything is based on the subjective decision of a judge or mediator. Such decisions are loosely based on certain guidelines and laws however there is rarely a firm rule of law requiring the judge to make a certain decision. Furthermore, such decisions or rulings rarely resolve the problem since there is often no apparent legal issue being argued. Wherefore MOST decisions involving custody, visitation and a myriad of related issues are very SUBJECTIVELY determined.

Most Judges and many legal experts will tell you that they don’t have the answers to solving a domestic law problem. They will be quick to point out that they are not experts when it comes to children, marriage and family. They are reliant upon other experts, such as child psychologist, medical doctors, marriage and family counselors, mediators and other trained individuals. Contrary to popular belief family law judges don’t simply sit at the bench and wait for individuals to plead their case. They would much prefer that litigants resolve the issues themselves through mediation, mandatory settlement conferences, arbitration, attorney meetings, counseling, guardian ad litem, minor counsel, children’s advocate, friend of the court, custody evaluator and other conflict resolution alternatives. ALL of these individuals and services are VERY SUBJECTIVE and their reports can vary from court to court, person to person, judge to judge.

It is well known that family law courts are highly dependent on these services. In fact, in cases involving custody and visitation issues, mediation is a requirement of law before the judge can even hear the case. Further, in most states attorneys are not allowed at these proceedings. It should also be considered that statistically mediation services are VERY successful and result in out of court settlement. Well over 90% of all family law cases never make it to trial. They are routinely settled at a simple hearing, mediation, arbitration, or by agreement between the parties. And that’s exactly what the Judges want!

I have been involved in the Father’s Rights movement for nearly 18 years now. I started Father’s Rights, Inc. in January of 1992 and began offering self-help legal assistance to men who simply did not have the money to hire an attorney. Many of these men had hired family law attorneys in the beginning but either ran out of money or became frustrated with the results and decided to take control and learn how the system works.

Let me be very clear! A family law attorney can never be your “knight in shining armor” that defends your personal honor before the court. They do little more than file paperwork and negotiate agreements. However, if the negotiations occur at the courthouse they will charge you court time of $300.00 to $400.00 per hour. Therefore, any party to a family law action should never solely rely upon an attorney to resolve disputed issues. You can do that yourself! Unless you are Bill Gates and have lots and lots of money to throw away, learn how the family law system works and check out your other legal options.

As previously discussed, family law attorneys are virtually useless in most family court cases. In fact they can (and often do) more to hurt your case than help it. Unless you have significant legal issues such as jurisdiction problems, complicated community property issues or some other difficult legal issue, avoid attorneys like the plague. Do not presume that your case will be anymore difficult than other cases. Further, don’t presume that you will need an attorney because of angry threats made by the opposing party or because you have been served with family law legal papers. Again, check out other legal options. Family law issues are easier to resolve than you might believe. In fact, many states have now become VERY user/self-help friendly making is easier to file court actions and represent yourself. Remember, attorneys are businessmen FIRST, Attorney’s SECOND!

The truth is unless you take control of your own case and learn how the system works no attorney or other legal profession can ever help you! A family law case stays open forever therefore you must commit to learning the steps you can take to win or, at least, improve your case. Again take the time to learn the rules of the game before you play. You can be sure your Ex has!

Finally, Family Law problems affect not only you but your new wife, parents, grandparents, friends and most significantly your children! Don’t wait any longer! Don’t wait until it’s too late! Make a commitment now to change your life and the lives of your concerned family members.

Your Advocate,

Mike L. Weening, Esq.

Article Source: http://EzineArticles.com/?expert=Michael_Weening
http://EzineArticles.com/?The-Truth-About-Family-Court-and-Attorneys&id=4962301

 

 

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