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Factors In Child Custody Cases

January 5, 2011 By Leave a Comment

By Janelle Elizabeth -

Here is a step by step guideline on the factors you must follow when processing for child support laws.

Type of Custody Arrangement

You have to first recognize the options for the different types of possible custody arrangements as this is one of the first steps in establishing who will get custody of the children. As an example, both parents may wish to develop an agreement whether one or both of them make decisions on the children’s upbringing and welfare, and this is known as sole custody for just one parent or joint legal custody for both parents.

The Decision Maker

If both sides want total control over the decision making and decide to reach an out of court understanding on child custody it’s going to be advisable to go through (ADR) Alternative Dispute Resolution techniques, the most famous of which is mediation yet there is also the collaborative laws. In this procedure, the parents themselves decide on the terms of child custody, usually with inputs from attorneys and the mediators.

This arrangement could either be a true joint custody settlement in which the kids split time living alongside each parent and both consent on serious decisions for the child’s well-being. Or it may be an agreement that the children will stay mainly with one parent however they will be receptive for visitation with the other parent.

When no acquiescence can be negotiated through ADRs by both parents in a child custody dispute, then the custody decision will be made usually by a family court judge inside a courtroom. It can hardly be predicted beforehand who gets the custody as it will all depend in the proceedings and whether they follow a certain procedure, adhere to a number of common fundamental principles, and look to a standard set of considerations.

Factors and Preferences in the Custody Decision

Many aspects usually weigh on the decision-making process, whether the child custody selection will be made over the parents’ negotiations or by using a court judgment.

The Most important to be considered are “who would be the child’s primary guardian?” and “what is in the best interest of the child?” Other elements include the child’s preference, and also the fitness of each parent in coping with a growing child with many different needs.

In this procedure, the parents themselves decide on the terms of child custody, usually with inputs from attorneys and the mediators.

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Child Custody Overview

December 30, 2010 By Leave a Comment

By Janelle Elizabeth -

Usually there are several types of child custody described in most standard law books: physical, legal, sole and joint custody.

Physical Custody

The right to have the child live with one parent is granted through physical custody. When the child spends significant and relatively equal amounts of time with both parents, some courts will award joint physical custody. This also works best when both parents live near each other because this diminishes the stress on children and lets them maintain a somewhat normal routine.

If the son or daughter dwells with just one parent only, it is regarded as a single physical custody, it is typically with the other parent getting visitation privileges. The extent of these visitation rights is based on on which one resolved the custodianship: the legal court or both parents themselves.

Legal Custody

The right and the obligation to make major decisions about the child’s upbringing – including but not limited to schooling, religion, and medical care – are granted through legal custody, regularly through joint legal custody in most courts which means the right and the obligation are shared by both parents. When one of the parents excluded the other in making decisions, the latter can take the former back to court and implore the judge to enforce the custody agreement. The fines and short-term incarceration are obviously out of the question, but the embarrassment and friction resulting from this undertaking make harm the children. Being represented by an attorney would make it more expensive too!

In extreme cases when one parent owns all the rights and obligations in the decision-making process, the other parent can file a lawsuit and ask for sole legal or sole physical custody.

Sole Custody

A single parent may either get single authorized custody or sole physical custody of the child. Some factors that cause the legal courts to favor one parent over the other could be when the other is regarded not fit because of alcoholism and/or drug dependency.

Courts and mediators in many states are generally little by little veering away from granting sole custody to a single parent and instead are certainly gearing towards broadening the function that both mom and dad play in the rearing of the child.

Joint Custody

When both mom and dad share the decision-making obligations and/or physical control and also the custody of the children – this is known as combined custody. This may be:combined lawful custody or joint physical custody and, joint lawful and physical custody.

Courts and mediators in most state governments tend to be slowly and gradually steering away from awarding single custody to a single parent and instead are definitely moving towards broadening the part which both mom and dad perform in the upbringing of the child.

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10 Tips to Improve Your Chances in Child Support Court

December 14, 2010 By Leave a Comment

By Dean Roughton -

1. Avoid child support court altogether by making your monthly payment on time. If circumstances beyond your control prevent you from making a scheduled payment or payments, contact your case worker immediately to make arrangements. It is not the state’s responsibility to pay for rearing your child.

2. Dress in a manner respectful to the court. You don’t have to wear a suit, but look clean and de-wrinkled. Leave your ripped, stained blue jeans – holes in both knees – and ratty basketball shoes at home. T-shirts and ball caps are a definite no-no. Make sure none of your toes sticks out of the end of your shoes.

3. Do not imbibe of alcohol the day of court, nor should you drink excessively the night before. Don’t show up smelling like a bar room floor mop, advertising your beverage of choice on your ball cap. You might want to rethink the Hooters’ T-shirt. (See #2).

4. Do not bring to court any item that can be construed as a weapon. When you come to child support court, please leave your Buck knife in your pickup truck. The judge will not care that you “only use it for hunting.”

5. Leave your bling bling at home. If your gold rope neck chain is big enough that it sends the metal detector into a “Star Spangled Banner” length fit of beeping convulsions, chances are the judge will not listen to your pleas of why you cannot afford to pay your child support.

7. Practice birth control. Having multiple cases against you from a variety of different babies’ mamas (or daddies) will not win you any leniency from the judge.

8. Respect the judge AND the prosecutor. Do not let your negative attitude with your child’s other parent carry over to how you interact with officers of the court–unless you want a contempt charge.

9. Turn your mobile device OFF–not set to silent or vibrate. Movement in your pocket can change the volume settings. A judge will confiscate your phone if the latest Lil Wayne ring tone blares out as a case is being heard.

10. Show up! Even if you cannot make a payment, go to your hearing. Failure to appear will result in a bench warrant being issued for your arrest. Whatever else you had planned that day is NOT more important than your court case.

For a fuller description of an UNSUCCESSFUL child support court visit, go to http://deanroughton.blogspot.com/2010/09/adventures-in-child-support-court.html

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Divorce Law and Child Custody Leave Sleeping Tigers Alone

November 19, 2010 By Leave a Comment

By Mark Allan Johnson -

The following is provided for general informational purposes only and should not be relied upon in any manner before consulting with a licensed attorney in your state.

Divorce Law – Grab a Tiger by the Tail

Divorce law, particularly when children are involved, can be extremely acrimonious, and it affects me the most on a personal level due in part the lawyer becomes a therapist, too. I generally will not accept a case if the client’s goal is to take the other party to task on every infraction. For example, “S/he was a minute late dropping off the kids, I want you to file a contempt of court motion.” I made the mistake once of representing a good friend with his case, with a single child support matter taking two years to resolve and the parties were constantly trying to one-up the other.

I recently gave pro bono assistance to a father who I saw in family court representing himself. I met with him several times and gave advice on strategy and likely outcomes and the best way to approach his case. The best information I can convey sometimes is that the legal system is not about right or wrong but whether conduct is lawful and if a court can provide any relief to an aggrieved party. Other mantras I share are: you may never be vindicated, particularly in family court; bad things happen to good people, life isn’t always fair, mean people win sometimes; take the high road, live well and put this behind you as soon as possible.

The father I am helping finally heard and most importantly accepted what I had to say including, put down your sword and extend an olive branch of peace. He listened to my advice and let me know he has obtained what he wanted on an informal basis while his next court date is pending. He understands what he must accept and cannot control, as distasteful as it can be. He recently called to tell me he will continue his case on his own because he fears any change in the status quo will cause a contentious reaction and since he is making forward progress he does not want to risk going backwards.

I am so impressed by this gentleman who has already raised two children who are adults now and he is beside himself that he does not have the unfettered access to his two-year-old daughter that he had with his grown kids. He is of modest means and education but I am touched and moved by him each time we meet.

CAREFUL WHAT YOU WISH FOR

A court/judge has no interest in one’s personal affairs, of a civil nature, until people cannot resolve a dispute on their own. Divorcing parents are free to make whatever child custody arrangements they choose, for the most part, and the court only gets involved if the parents can’t agree.

Before I continue, its important to stress that parents can, and do, say any defamatory and untrue remark about the other with near impunity. Occasionally a judge may penalize a parent for making demonstrably untrue accusations, but this is the exception and not the rule and I have never heard of a judge referring a case to the district attorney for perjury charges despite most legal papers requiring a statement be executed under penalty of perjury. Individuals enjoy “judicial immunity” for all statements made in court papers and precludes a defamation lawsuit unless the untrue statements are published outside the ambit of the court papers. Judicial immunity extends to police investigations and reports, too.

The idea behind judicial immunity is that people must feel free to use and participate in the judicial process without fear of being sued for what they say. Though in extreme cases it might be possible to institute an action for malicious prosecution or abuse of process. A criminal case for false police report might be pursued, too, but good luck with that. Police agencies don’t like to be put in the middle and often suspect ulterior motives.

So now to the point of the section heading. After the fact, a parent came to me after filing a report of domestic violence/battery with the police and pursing a restraining order. The police investigated and the other parent denied and accused the reporting parent of abuse. The criminal case became a wash and the case rejected against both parents. The parent pursued the restraining order and cross allegations of abuse were made. The court issued mutual restraining orders and now they meet in a police lobby to accomplish the child custody exchange. They are refrained from contacting each other and once daily calls to the child when in the other parents care has ceased.

The moral of the story, and it is not always possible, do what you can to make peace. Think before you act, because steps to gain leverage even when legitimate can backfire and have severe consequences.

I recognize that attorney fees can mount very quickly particularly when he fees run from 200-350 an hour, and beyond the reach of many, however, family law is not a place for the faint of heart, uninformed, naive or idealistic. Most definitely, what you don’t know can and will hurt you.

Authored by California attorney Mark Johnson with offices in Palmdale, Oxnard, Rancho Cucamonga and Temecula, California. http://www.crimelaw.org

Article Source: http://EzineArticles.com/?expert=Mark_Allan_Johnson
http://EzineArticles.com/?Divorce-Law-and-Child-Custody-Leave-Sleeping-Tigers-Alone&id=5297732

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Divorce, Child Custody, and Family Law – What Not to Do in Your Family Law Case

September 20, 2010 By Leave a Comment

By David Marquardt -

At the end of a divorce or child custody case, there aren’t any “winners” or “losers” in the traditional sense. But often one person walks away feeling as though they attained the better outcome. Many times this outcome is the product of some mistake that the other party made.

As a family law attorney, I’ve seen some hostile cases and I’ve seen people do some cruel things. Sometimes these actions are physically injurious but, more often than not, they are mentally damaging. In the end, however, they almost always come back to haunt that person. Consequently, if you are involved in a divorce case or a child custody case, don’t do any of the following if you want to attain your desired result:

1) Denigrate or abuse your spouse.

Nothing makes someone look worse in a family law case than someone who is cruel to their spouse. No, it doesn’t necessarily mean that you are “at fault” under the law, at least not with respect to grounds for divorce. But if there is one thing to take out of this article, it is that the law isn’t the only factor in the outcome of your case. The State has an interest in protecting marriage as a promoter of family values, so if there is someone to blame for the breakdown of the marriage, this is a sure sign of who that person is.

2) Involve the children.

Who is most affected by your divorce case or your child custody case? That’s right – your children. Not you and not your spouse. Keep them insulated from your litigation so as to minimize the effects of their life being turned upside down. Do NOT use them as a messenger. Do NOT share intimate details of the other parent’s behavior. Do NOT let them read legal pleadings or letters from attorneys. DO not move your children far away from the other parent.

3) Be unreasonable in custody and visitation.

Unless your spouse actually causes harm to your children, you need to accept the fact that your children need both parents in their lives. There are things that a mother can provide, which a father can’t provide. There are things that a father can provide, which a mother can’t provide. Being unreasonable in custody and visitation or worse, denying visitation altogether, only makes you look like a bad parent.

4) Fail to provide support.

Support in this context means child support and alimony. Though mutually exclusive, the point is the same. Courts don’t like it when you refuse to pay reasonable amounts of support. Child support will be awarded in nearly all cases. Courts don’t like it when the non-custodial refuses to pay. Hint: they take it as a sign that you don’t care about your children. Likewise, if your case is one in which alimony is warranted, don’t refuse to provide for your spouse until the court orders you to do so.

5) Hide assets.

Some people get away with hiding assets. But a good divorce attorney will find them. When they do, they will let everyone know about it. Then you’re in trouble not only because you now have more assets in the pot, but you also lied about what you have.

6) Let emotion guide your actions.

This is the “catch-all” provision. Put simply: don’t be a jerk. While most family law cases are resolved outside the courtroom, there are many that end up in trial. Remember that the Judge who is ultimately deciding your case is a person too.

This is not legal advice. It is merely information. Every situation is different and you should contact an attorney licensed in your state to discuss your specific needs. I am not your attorney. You are not my client. If you need a family law attorney in Maryland or DC, contact a Maryland family attorney or DC divorce lawyer without delay.

Article Source: http://EzineArticles.com/?expert=David_Marquardt
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Child Custody – The Best Interest of the Child Standard

September 8, 2010 By Leave a Comment

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.

Article Source: http://EzineArticles.com/?expert=Ernie_Trimnal
http://EzineArticles.com/?Child-Custody—The-Best-Interest-of-the-Child-Standard&id=4528717

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Child Custody Lawyers – How to Find the Best Attorney & Win Your Case

September 7, 2010 By Leave a Comment

By Joan Baker

Family law is not something you should tackle alone. The most important thing in your child custody case is to find a good attorney. Most people will start looking with a quick internet search; Googling something like “Florida child custody lawyer” or “Florida family law attorney”.

There is nothing wrong with starting out your search this way. The problem is many people end it there as well.

They find an advertisement for a Florida child custody lawyer, check out their site, and then hire them at the first meeting.

It’s a risky way to approach such an important decision.

Finding the RIGHT attorney is vital in this process.

They really can make the difference between winning and losing.

So how do you find the best child custody lawyer in Florida, or whatever state you reside in?

Here are a few good places to start:

1. See if you have any attorneys in your area who are members of the American Academy of Matrimonial Lawyers. These attorneys are experts in family law and tend to be some of the best and most dedicated out there.

2. If you have issues with a vindictive or abusive ex, you can check out local domestic violence meetings for support and advice. Many of these women have had extensive dealings with family law and the courts. They can be a wealth of information about attorneys and judges in your county.

Once you’ve picked a few family law attorneys who you think might be good, do a little research on them. Check the state bar association website to see if there are any infractions against them.

Google their name and see what comes up. (Sidenote: You should also do the same for your judge, if you already have one assigned.)

If you still think they might be a winner, interview them and ask probing questions about family law and your specific case. One thing you should ask them is how busy they are with their current caseload and what is the expected time to return calls and messages. Most lawyers are notoriously bad at this and you need to know, if something comes up, how much support you’ll have available, and how quickly.

When looking for a qualified child custody lawyer in Florida, or whatever state you reside, remember, a little extra research will put you miles ahead of the game.

To get the 9 critical strategies for winning child custody when dealing with irrational, vindictive or abusive ex’s, click here: http://www.winning-child-custody-strategies.com

Joan Baker is an expert in child custody after going through her own custody ordeal, researching the laws and now helping other women going through the process.

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

http://EzineArticles.com/?Child-Custody-Lawyers—How-to-Find-the-Best-Attorney-and-Win-Your-Case&id=1258208


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Tiger Woods Divorce Finally Done.

August 23, 2010 By

Tiger Woods is now officially divorced.  The Decree of Divorce has been published.  No particulars yet about specific divorce settlement terms.

For information on Arizona divorce, contact one of our lawyers at NGS.

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Child Custody For Fathers to Help Dads in Their Case

August 13, 2010 By Leave a Comment

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

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Father’s Rights – Who Should Be the Custodial Parent?

July 15, 2010 By Leave a Comment

By Gina Famularo -

A Family Law Attorney Explains How Father’s Rights are Viewed by The Courts in Temecula, Murrieta, Hemet And The Inland Empire in Southern California.

The way the courts have viewed Father’s Rights in California have changed dramatically back and forth. Before the 20th century, children were considered part of their father’s property and in case of a divorce, were placed with the father.

A major shift then occurred in the legal community and the general attitude was that the child did better in the care of the mother. Currently, seventy percent of custody cases are awarded to the mother, with twenty percent granted to both parents as joint custody, and less than ten percent of custody cases are awarded to the father. While this legal trend has not been officially reexamined to factor in the more alternative lifestyles of today, some areas, including california, are recognizing a father’s rights and in some cases are granting more time or even custodial rights to the father.

There are also many advocacy groups fighting for equal rights for fathers. Many of their goals focus on recognizing that “traditional” family roles should not preclude the father as the custodial parent after a divorce. A “Father’s Bill of Rights” has been developed in hopes of giving fathers more legal legitimacy in the family court system. Some of these rights include making the word “father” part of the legal definition of a family, a uniform paternity law, and child support to be considered a tax.

As the court stands now, a legal father (either biological or adopted) has the right to see their child, yet you must make this request to family court. It is suggested that you also obtain a paternity test in the event there is any question of the child’s paternity. In family law court, there is no automatic say in who will receive custody of the child, however, the trend is for the child to stay with the mother, unless special circumstances are presented. There is a significant effort being made of the court’s side to see with whom the child would most benefit from living with.

The best interest of the child is always the most important factor for the court.

To help you understand your rights and options as well as to protect yourself, you need a family law attorney form the same state your case will be in.

Family legal matters can be extremely emotional, frustrating and costly. Because of this, it is important that you get the right information BEFORE you take action regarding a divorce, child custody, child support, adoption, or any other important legal matter.

Get the information you need to make an intelligent, informed decision regarding your and/or your children’s lives. http://www.TemeculaDivorce.com has a wealth of information available to you to help you properly navigate the legal system in Temecula, Murrieta, Hemet, Riverside, and the entire Inland Empire. If you need to speak with an attorney, we have professional, compassionate attorneys to assist you. For a free consultation, please go to http://www.TemeculaDivorce.com

Article Source: http://EzineArticles.com/?expert=Gina_Famularo
http://EzineArticles.com/?Fathers-Rights—Who-Should-Be-the-Custodial-Parent?&id=1933470

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