May 7, 2012

Common Mistakes People Make When Representing Themselves in Court

By Scott D Stewart -

In propria persona, pro se = Latin; in one’s own person, on one’s own behalf.

There is rarely a “quickie divorce” these days, especially when children are involved. Numerous assets or a marriage of long duration can also complicate matters. Divorces can take up to a year to complete, making the hiring of an attorney an expensive proposition. There are many reasons why people choose to represent themselves in Arizona’s Family Law Court, opting not to hire any attorney at all. Whatever your reasons, if you’re contemplating going forward in your divorce without an attorney, then this article is for you. We’ll discuss some common pitfalls for parties flying solo, pro se.

Reasons why parties represent themselves in Family Law Court

1) They distrust attorneys.

2) They want to save money.

3) They don’t want any legal gamesmanship benefiting the lawyers’ bank accounts.

4) They want to fast forward to a settlement and final decree, without outside interference.

5) They want total control over their family law case.

Reasons why parties regret representing themselves pro se in Family Law Court.

1) They now realize how much they don’t know about the law.

2) They are immediately overwhelmed and overburdened because of the time it takes to prepare for every procedure in the case.

3) They have lost themselves in the Court rules, the procedures, the schedules, the deadlines, the evidence, and the substantive laws.

4) They lose on issues to the opposing party, who has an attorney with the attending legal knowledge to get an edge in seemingly every proceeding.

5) They give in and hire counsel late, after the divorce is well underway.

The mistakes resulting from pro se inexperience may cost even more money in damage control and do-overs.

Mistake #1. Emotional aspects unique to divorce and child custody make pro se representation challenging.

Representing yourself in a simple divorce without children, assuming there are no complex property issues involved, could be manageable for you. But going pro se in a divorce with children is much more complicated. You need to understand and appreciate how your emotional involvement — your intangible personal stake in the matter — will affect your ability to efficiently and persuasively present your case.

Deciding to end the marriage is difficult in and of itself, but going through a divorce can take a substantial emotional and financial toll if you are not very prepared. Keep your expectations realistic and focus on doing what you can to present your best case. You must separate logic from emotion, as difficult as that may be when the issues involve your children, your spouse’s infidelity, and other heart-wrenching circumstances.

Mistake #2. No special treatment for pro se litigants from the Court.

A fairly common mistake relates to the Judge’s treatment of pro se litigants. Pro se means you’re not represented by legal counsel. It does not mean “here’s a free pass” for not following the procedural rules, rules of evidence, and local rules of Court. The Judge holds pro se litigants to the same standard of knowledge as attorneys licensed to practice law. Furthermore, Family Law Courtis focused on following the law, not in assessing fault and dispensing punishment. So don’t expect to use the Judge as a tool to punish the other party. If children are involved, the Court will do what is in the best interests of the children — which usually means taking every measure to ensure both spouses remain involved in their children’s lives.

Mistake #3. Common procedural mistakes made by pro se litigants.

Here’s a quick list of common procedural mistakes made with Court documents and filings. The pro se litigant:

– Did not sign the Court documents before filing them.

– Did not verify a document under oath when required.

– Did not include the required attachments, or exhibits, when filing.

– Did not know that everything filed in Court must also be served on the opposing party.

– Did not provide any instructions to the sheriff or process server to locate the other party for service of Court papers.

– Did not provide the correct filing fee.

– Did not explain any details in the allegations, or statements.

– Did not understand the meaning of each allegation.

– Did not fill-in all the blanks in the Court-approved self-service forms.

– Did not indicate other related or pending cases (a problem in family Court with multiple support, visitation, child custody, and divorce issues).

– Did not submit a proposed order for the Judge to sign.

Mistake #4: Failing to fully comprehend what they are signing.

One common mistake pro se litigants make is signing off on documents a little too eagerly. When the parties sign an agreement in a divorce, it is binding and they are responsible for having full knowledge of its content. If a provision is not detailed in the written agreement, it probably isn’t binding. That the pro se litigant has a full and complete understanding of any document to be signed is crucial in a divorce.

Signing documents you do not fully comprehend is never a good idea, under any circumstances, yet people do it all the time. You take the offered pen, you sign your name, and then you ask “Does this mean I still get the kids on holidays?” This is not the time to be shy or intimidated about asking questions regarding any aspect of your divorce or child custody. Also, take care to read everything that opposing counsel prepares to ensure accuracy. No one is infallible, and once errors are entered into the record, they can be a real hassle to get changed or corrected.

Mistake #5. Failing to properly request in Court documents what is wanted.

The pro se litigant needs to know the procedural rules that all parties are required to follow in Court. The Arizona Rules of Family Law Procedure are very clear about proper pleading — how to properly bring an issue to the Judge. Failure to properly “motion” the Court on an issue can cause unnecessary delays and may even mean losing on that issue. The rules of Court are there, in part, to provide a fair and even playing field. In the interests of justice, and fairness to both parties, pro se litigants have to present their requests in proper form just like everybody else.

Requests in the form of Motions.

In the petition for dissolution, the requested relief is for the Court to dissolve the marriage. There is a lot of territory to cover between the petition and the dissolution, during which motions are filed by both parties. Motions are really fairly simple conceptually, they are formal written requests made by a party, or movant, and filed with the Court. In general, all motions must be properly served on the other party so they can respond with a reply. (Ex parte motions are the exception, not the rule.)

Every motion has a clear purpose and a specific desired result. For example, there is the Motion for Temporary Orders, the Motion for Custody Evaluation, the Motion for Parenting Conference, and the Motion for Mediation. Just because a party asks for the relief, doesn’t mean they’re going to get it. But the party definitely won’t get what is not properly asked for. No matter what is being requested, assume there already exists a proper form of motion tailored for that precise matter, and use that form.

Mistake #6. Mandatory Parenting Plans in Arizona.

Arizona parents sharing joint legal custody must have a written parenting plan. These plans assume a co-parenting model that addresses, specifically, matters of legal custody, shared rights and privileges, and scheduled parenting time. Creating a parenting plan takes time and thoughtfulness. There are many issues to consider, only one of which is child development.

Failing to have a clear and specific parenting plan.

We’ve seen more than our fair share of internet “one size fits all” parenting plans, found on a myriad of promotional websites. While EZ-parenting plans may look proper, they rarely pass muster and are painfully vague and ambiguous. Remember, we’re talking about addressing the needs of children — vague and ambiguous parenting is not an option. For example, these run-of-the-mill parenting plans often state “parenting time is as agreed upon.” Well, if it hasn’t been written down yet, then there isn’t a parenting plan. These internet plans are usually silent on issues involving the children’s extracurricular activities, too. Exactly how will summer vacations be scheduled? How will out-of-state travel be managed? The pro se litigant should think of the parenting plan in this way: “I’m planning now, how each day in my children’s lives will be handled — one child at a time.”

Tasks you must be able to handle competently when representing yourself in Court.

Here’s what you should be handle if you go ahead with your case pro se:

1) You understand what you are required to do and you follow directions precisely.

2) You stay very well-organized.

3) You perform sufficient research to understand the substantive and procedural laws applicable to your case.

4) You practice your public speaking skills so you can present your case successfully and with authority.

5) You keep a cool head, staying calm and rational under pressure.

Scott David Stewart is an attorney practicing family law in greater Phoenix, Arizona. He is AV Rated by Martindale Hubbell, has a perfect AVVO Score of 10.0/superb, and is a member of the State Bar of Arizona, American Bar Association-Family law Section, and Maricopa County Bar Association-Family Law Section. Prior to forming the Law Offices of Scott David Stewart, he worked as Deputy County Attorney for the Maricopa County Attorney’s Office where he honed his trial skills and developed strategies for success that he continues to use and implement in his law firm today. His experience as prosecutor opened his eyes to the need for passionate legal representation for children during divorce proceedings. Children’s voices and needs are often relegated behind the desires of their parents. Stewart’s number one goal is to ensure that children are the focal point of any dispute between parents.

Article Source: http://EzineArticles.com/?expert=Scott_D_Stewart
http://EzineArticles.com/?Common-Mistakes-People-Make-When-Representing-Themselves-in-Court&id=5451577

Ten Ways of Defense for Contempt for Non Payment

By Dennis Gac -

If you get hit with a contempt of court for non-payment of child support, there are several defenses you can offer if indeed you are truly unable to pay and not merely ignoring the court order. Here are ten defenses you can offer the court that can help your case.

  1. First, they need to understand it is not “willful” on your part. Meaning your circumstances have dictated your lack of payment.
  2. Always pay something. You want to be inconsistent with payments to show a struggle, but make some payment no matter how small.
  3. Bring a properly written response to court with you clearly outlining your defense.
  4. Provide proof of payment by way of check receipts and a past due payment plan.
  5. Be prepared to file for a Child Support Modification plan if it is a long term situation and tell the judge what you are planning to do.
  6. Be respectful and humble. Don’t be belligerent or angry. It won’t help anything at all.
  7. Offer a calm defense. The other side is going to do their best to shake you and may even lie. Stay on track and present your defense.
  8. Document why you cannot pay such as documents from work showing cut back hours, a letter stating you have been laid off, etc.
  9. If it is a medical reason, have copies of all your medical records with you proving the problem.
  10. Most often, you will not end up in jail like everyone thinks, but it can happen. Do not panic if it does! Don’t gather up the money from friends and relatives to “pay up”. This just shows you can really pay if threatened with jail.

Dennis Gac is widely known as “The World’s premier fathers rights Consultant!” But why would you care? Well, I’ll tell you if you rush over to his site… I think you’ll come to your own conclusion that he “IS” the real deal! Experience someone who works and thinks outside the box for you! Read what others have to say at…. http://www.fathershelphotline.com.

Article Source: http://EzineArticles.com/?expert=Dennis_Gac
http://EzineArticles.com/?Ten-Ways-of-Defense-for-Contempt-for-Non-Payment&id=4958695

Common Mistakes People Make When Representing Themselves in Cour

By Scott D Stewart -

In propria persona, pro se = Latin; in one’s own person, on one’s own behalf.

There is rarely a “quickie divorce” these days, especially when children are involved. Numerous assets or a marriage of long duration can also complicate matters. Divorces can take up to a year to complete, making the hiring of an attorney an expensive proposition. There are many reasons why people choose to represent themselves in Arizona’s Family Law Court, opting not to hire any attorney at all. Whatever your reasons, if you’re contemplating going forward in your divorce without an attorney, then this article is for you. We’ll discuss some common pitfalls for parties flying solo, pro se.

Reasons why parties represent themselves in Family Law Court

1) They distrust attorneys.

2) They want to save money.

3) They don’t want any legal gamesmanship benefiting the lawyers’ bank accounts.

4) They want to fast forward to a settlement and final decree, without outside interference.

5) They want total control over their family law case.

Reasons why parties regret representing themselves pro se in Family Law Court.

1) They now realize how much they don’t know about the law.

2) They are immediately overwhelmed and overburdened because of the time it takes to prepare for every procedure in the case.

3) They have lost themselves in the Court rules, the procedures, the schedules, the deadlines, the evidence, and the substantive laws.

4) They lose on issues to the opposing party, who has an attorney with the attending legal knowledge to get an edge in seemingly every proceeding.

5) They give in and hire counsel late, after the divorce is well underway.

The mistakes resulting from pro se inexperience may cost even more money in damage control and do-overs.

Mistake #1. Emotional aspects unique to divorce and child custody make pro se representation challenging.

Representing yourself in a simple divorce without children, assuming there are no complex property issues involved, could be manageable for you. But going pro se in a divorce with children is much more complicated. You need to understand and appreciate how your emotional involvement — your intangible personal stake in the matter — will affect your ability to efficiently and persuasively present your case.

Deciding to end the marriage is difficult in and of itself, but going through a divorce can take a substantial emotional and financial toll if you are not very prepared. Keep your expectations realistic and focus on doing what you can to present your best case. You must separate logic from emotion, as difficult as that may be when the issues involve your children, your spouse’s infidelity, and other heart-wrenching circumstances.

Mistake #2. No special treatment for pro se litigants from the Court.

A fairly common mistake relates to the Judge’s treatment of pro se litigants. Pro se means you’re not represented by legal counsel. It does not mean “here’s a free pass” for not following the procedural rules, rules of evidence, and local rules of Court. The Judge holds pro se litigants to the same standard of knowledge as attorneys licensed to practice law. Furthermore, Family Law Courtis focused on following the law, not in assessing fault and dispensing punishment. So don’t expect to use the Judge as a tool to punish the other party. If children are involved, the Court will do what is in the best interests of the children — which usually means taking every measure to ensure both spouses remain involved in their children’s lives.

Mistake #3. Common procedural mistakes made by pro se litigants.

Here’s a quick list of common procedural mistakes made with Court documents and filings. The pro se litigant:

– Did not sign the Court documents before filing them.

– Did not verify a document under oath when required.

– Did not include the required attachments, or exhibits, when filing.

– Did not know that everything filed in Court must also be served on the opposing party.

– Did not provide any instructions to the sheriff or process server to locate the other party for service of Court papers.

– Did not provide the correct filing fee.

– Did not explain any details in the allegations, or statements.

– Did not understand the meaning of each allegation.

– Did not fill-in all the blanks in the Court-approved self-service forms.

– Did not indicate other related or pending cases (a problem in family Court with multiple support, visitation, child custody, and divorce issues).

– Did not submit a proposed order for the Judge to sign.

Mistake #4: Failing to fully comprehend what they are signing.

One common mistake pro se litigants make is signing off on documents a little too eagerly. When the parties sign an agreement in a divorce, it is binding and they are responsible for having full knowledge of its content. If a provision is not detailed in the written agreement, it probably isn’t binding. That the pro se litigant has a full and complete understanding of any document to be signed is crucial in a divorce.

Signing documents you do not fully comprehend is never a good idea, under any circumstances, yet people do it all the time. You take the offered pen, you sign your name, and then you ask “Does this mean I still get the kids on holidays?” This is not the time to be shy or intimidated about asking questions regarding any aspect of your divorce or child custody. Also, take care to read everything that opposing counsel prepares to ensure accuracy. No one is infallible, and once errors are entered into the record, they can be a real hassle to get changed or corrected.

Mistake #5. Failing to properly request in Court documents what is wanted.

The pro se litigant needs to know the procedural rules that all parties are required to follow in Court. The Arizona Rules of Family Law Procedure are very clear about proper pleading — how to properly bring an issue to the Judge. Failure to properly “motion” the Court on an issue can cause unnecessary delays and may even mean losing on that issue. The rules of Court are there, in part, to provide a fair and even playing field. In the interests of justice, and fairness to both parties, pro se litigants have to present their requests in proper form just like everybody else.

Requests in the form of Motions.

In the petition for dissolution, the requested relief is for the Court to dissolve the marriage. There is a lot of territory to cover between the petition and the dissolution, during which motions are filed by both parties. Motions are really fairly simple conceptually, they are formal written requests made by a party, or movant, and filed with the Court. In general, all motions must be properly served on the other party so they can respond with a reply. (Ex parte motions are the exception, not the rule.)

Every motion has a clear purpose and a specific desired result. For example, there is the Motion for Temporary Orders, the Motion for Custody Evaluation, the Motion for Parenting Conference, and the Motion for Mediation. Just because a party asks for the relief, doesn’t mean they’re going to get it. But the party definitely won’t get what is not properly asked for. No matter what is being requested, assume there already exists a proper form of motion tailored for that precise matter, and use that form.

Mistake #6. Mandatory Parenting Plans in Arizona.

Arizona parents sharing joint legal custody must have a written parenting plan. These plans assume a co-parenting model that addresses, specifically, matters of legal custody, shared rights and privileges, and scheduled parenting time. Creating a parenting plan takes time and thoughtfulness. There are many issues to consider, only one of which is child development.

Failing to have a clear and specific parenting plan.

We’ve seen more than our fair share of internet “one size fits all” parenting plans, found on a myriad of promotional websites. While EZ-parenting plans may look proper, they rarely pass muster and are painfully vague and ambiguous. Remember, we’re talking about addressing the needs of children — vague and ambiguous parenting is not an option. For example, these run-of-the-mill parenting plans often state “parenting time is as agreed upon.” Well, if it hasn’t been written down yet, then there isn’t a parenting plan. These internet plans are usually silent on issues involving the children’s extracurricular activities, too. Exactly how will summer vacations be scheduled? How will out-of-state travel be managed? The pro se litigant should think of the parenting plan in this way: “I’m planning now, how each day in my children’s lives will be handled — one child at a time.”

Tasks you must be able to handle competently when representing yourself in Court.

Here’s what you should be handle if you go ahead with your case pro se:

1) You understand what you are required to do and you follow directions precisely.

2) You stay very well-organized.

3) You perform sufficient research to understand the substantive and procedural laws applicable to your case.

4) You practice your public speaking skills so you can present your case successfully and with authority.

5) You keep a cool head, staying calm and rational under pressure.

Scott David Stewart is an attorney practicing family law in greater Phoenix, Arizona. He is AV Rated by Martindale Hubbell, has a perfect AVVO Score of 10.0/superb, and is a member of the State Bar of Arizona, American Bar Association-Family law Section, and Maricopa County Bar Association-Family Law Section. Prior to forming the Law Offices of Scott David Stewart, he worked as Deputy County Attorney for the Maricopa County Attorney’s Office where he honed his trial skills and developed strategies for success that he continues to use and implement in his law firm today. His experience as prosecutor opened his eyes to the need for passionate legal representation for children during divorce proceedings. Children’s voices and needs are often relegated behind the desires of their parents. Stewart’s number one goal is to ensure that children are the focal point of any dispute between parents.

Article Source: http://EzineArticles.com/?expert=Scott_D_Stewart
http://EzineArticles.com/?Common-Mistakes-People-Make-When-Representing-Themselves-in-Court&id=5451577

Representing Yourself in Family Court

By Michael Weening -

I receive over 100 letters/e-mails a week from Fathers nationwide and am frequently asked a variety of questions on the topic of attorney’s and representing yourself in family court. Many have asked, “Do I need an attorney or can I represent myself?” Many also ask, “What if my EX has an attorney and I don’t? “Will the Judge ‘look down’ on me IF I don’t have an attorney?” These are all valid questions that deserve an answer.

The answer to the first question is: YES, Absolutely you can! BUT there is a VERY BIG “IF” attached to this question. You CAN be successful in family court representing yourself IF:

IF you know where to go; what to say; what to do; how to act.

IF you know what NOT to say and/or do.

IF you know what to file, when to file and where to file with the court.

IF all of your paperwork including pleadings, forms, affidavits, declarations, motions, petitions, exhibits and attachments have ALL been properly completed, filed and served.

IF you understand the court’s rules and civil procedure.

In other words you CAN successfully represent yourself without an attorney BUT you will need legal help and navigation.

Since I began offering Fathers Rights legal assistance 17 years ago I keep hearing the same recurring statements about family law attorneys.

- “I can NEVER get a hold of him and he NEVER calls me back”

- “He never responds to my messages”

- “It seems like my attorney isn’t doing anything for me.”

- “The only two times I saw my attorney is the day I paid him and the morning of court. It was like he hadn’t even looked at my case file.”

- “My attorney charged me $3,000.00 and didn’t do anything.”

- “My attorney talked a great game in the beginning BUT after I paid him he didn’t do ANYTHING he said he would do. My case turned out completely different that what he predicted.”

- “I just don’t have the money to continue with my attorney.”

If you have ever had a family law attorney I am sure you strongly identify with these remarks.

Here is the GOOD NEWS:

Most states have recently become “self help/user” friendly. Wherefore a very high percentage of family law cases are successfully resolved without an attorney. Furthermore, most states have low cost/no cost self help legal options available depending on the legal requirements of your case. These options often include document preparation, court filing and process service.

A word of caution: Although many states are self help/user friendly do not be mistaken. You cannot simply fill out a bunch of papers and file them with the court so that you can tell the Judge your side of the story. I’m afraid it isn’t that easy and in fact, it is legally dangerous! To be successful in family court requires case evaluation and analysis, legal knowledge and planning, strategy and guidance and most important; on going legal navigation. It requires the formulation of a sound “legal game plan” and its proper execution. It requires simple legal knowledge of the Domestic/Family code, case law and rules of court procedure. When everything you need to learn/know has been accomplished and a “legal game plan” developed then you can concentrate on acquiring accurate and precise document preparation, court filing and process services.

One final word: Whether you decide to retain an attorney or represent yourself you must learn how the family court system works . Family law is VERY different than other forms of law wherefore you must become PROACTIVE and take charge of your own case. You CANNOT simply throw money at an attorney and expect him to help you. The truth is unless you take control of your own case and learn how the system works no attorney or other legal professional can ever help you! On the other hand if you decide to hire an attorney you will ultimately benefit from learning the system. Hiring an attorney is much like the “horse and rider” analogy. If the horse knows that the rider (inexperienced) does not know what they are doing, the horse will take you on a wild and expensive ride to a destination your never wanted or expected. You must learn how to communicate with your attorney. Remember, the attorney works for you, not the other way around!

A family law case stays open forever therefore you must commit to learning the steps you can take NOW to win or, at least, significantly improve your case. Again take the time to learn the rules of the game before you play. You can be sure your Ex has!

Mike L. Weening

http://www.fathersrightsinc.com

http://www.fathers-rights-california.com

Article Source: http://EzineArticles.com/?expert=Michael_Weening
http://EzineArticles.com/?Representing-Yourself-in-Family-Court&id=5019583

Suspended Licenses and Child Support Payments

By Dennis Gac -

One of the things that can happen if you fail to pay your child support payments is that you could end up with having various licenses revoked. This includes not only you driver’s license, but any business or professional licenses you may have as well. This is a result of the Child Support Recovery Act set in place in 1992. There are some things you should know to prevent this and if it does happen.

A contempt of court order for nonpayment can result in having your license revoked, but it doesn’t always happen immediately. Usually there are mitigating circumstances such as you don’t show up for or do not respond to a hearing. Always respond in written form to any type of hearing notice, to verify you know it is taking place.

Never ignore collection notices. Make some type of payment no matter how small. If you are trying to get your license reinstated, you will need to have made a payment and you must also have a payment plan on how you are going to make the up the payments.

Even if your driver license or professional license gets revoked if you follow the above – make a plan, respond in writing, and make a payment – more often than not you will be able to get your licenses reinstated. Be prepared, stay calm and think things through. Your ex-wife is going to use whatever she can to try and get you in trouble and cause problems, but you can handle these simple things if you stay calm.

Dennis Gac is widely known as “The World’s premier fathers rights Consultant!” But why would you care? Well, I’ll tell you if you rush over to his site… I think you’ll come to your own conclusion that he “IS” the real deal! Experience someone who works and thinks outside the box for you! Read what others have to say at…. http://www.fathershelphotline.com.

Article Source: http://EzineArticles.com/?expert=Dennis_Gac
http://EzineArticles.com/?Suspended-Licenses-and-Child-Support-Payments&id=4958700

Understanding False Allegations of Domestic Violence and Abuse and Your Rights Against Them

By Dennis Gac -

This day and age, women know that if they scream “abuse” to the court systems, they will automatically get temporary custody of the kids until the issue goes to court. This can happen at any time, whether it be during a separation, divorce case, or even out of the blue if you obtained custody in courts and all of a sudden, she decides that she wants it back. But don’t let false allegations get you down-you can fight it, and it’s important to know the technicalities involved.

First off, demand proof. Even though what your wife is doing is essentially hearsay, a Judge will still strongly consider any emergency ex parte restraining order that comes across their desk. Abuse and violence, when it comes to kids, is something that shouldn’t’ be taken lightly, but if you do not make a statement against her initial complaint, you may look guilty. But at the same time, fighting too hard makes you look like you’re covering it up. If the abuse or violence issue is an underlying issue of a divorce case, don’t let it throw you off track. State that you did not commit such issues, that there is no proof, and move forward with the divorce case. There is a fine line between looking guilty and looking like you don’t care. Tread forward lightly with any allegations of abuse.

Know your rights and responsibilities when it comes to restraining orders. If your ex-wife has a temporary restraining order against you, but calls you up and says she’s coming over to drop off/pick up some of the children’s things, don’t fall for it-this can put you in violation of the court order, which she could use against you.

And last, consider fighting back. If the allegations are false, sue your ex, her attorney, and anyone else involved for defamation of character. This might be enough to get your ex-wife to back off and no longer pursue the issue. More of a scare tactic than anything, but has been very effective for fathers in the past facing similar issues.

Dennis Gac is widely known as “The World’s premier fathers rights Consultant!” But why would you care? Well, I’ll tell you if you rush over to his site… I think you’ll come to your own conclusion that he “IS” the real deal! Experience someone who works and thinks outside the box for you! Read what others have to say at…. http://www.fathershelphotline.com.

Article Source: http://EzineArticles.com/?expert=Dennis_Gac
http://EzineArticles.com/?Understanding-False-Allegations-of-Domestic-Violence-and-Abuse-and-Your-Rights-Against-Them&id=4622683

Finding Success in Fathers Rights, Even With a Negative Society Around You

By Dennis Gac -

It’s a common phrase, “Deadbeat Dads.” But even so, the table has turned. Now, you’re hearing more about “Deadbeat Moms” and are even seeing situations where fathers are stepping up and taking control and custody of their children.

Over the years, society has continually focused on the mothers. Mothers always get the kids, mothers always get child support, mothers are automatically rewarded custody in family court. But with the growing number of fathers becoming aware of their rights in their divorce and custody cases, fathers are increasingly receiving joint, even FULL custody of their children in divorce court settlements. Even with the negative stigma that surrounds fathers and their children, fathers’ rights have brought so-called “Deadbeat Dads” to the other side of the table-even in some cases, making them the saving grace in their children’s lives (case in point, Kevin Federline and Brittany Spears).

It is so important to understand that there is hope when fighting for your rights to your children as a father. No longer is it “understood” that the mother is a better caregiver and nurturer for your children. You are just as much of a parent as their mother, and even though the courts are very one-sided when it comes to mother versus father as the primary caregiver of children, you can easily turn the tables and receive custody with a few simple tips and tricks up your sleeve to show your ex is not quite the saint that everyone thinks she is. Instead of going into court with verbal assaults and anger, it’s important to gather the appropriate information and know what you’re fighting for in order to win against your ex-even without an attorney.

Dennis Gac is widely known as “The World’s premier fathers rights Consultant!” But why would you care? Well, I’ll tell you if you rush over to his site… I think you’ll come to your own conclusion that he “IS” the real deal! Experience someone who works and thinks outside the box for you! Read what others have to say at… http://www.fathershelphotline.com.

Article Source: http://EzineArticles.com/?expert=Dennis_Gac
http://EzineArticles.com/?Finding-Success-in-Fathers-Rights,-Even-With-a-Negative-Society-Around-You&id=4622573

The Benefits of Going Pro Se When Fighting For Father’s Rights in Court

By Dennis Gac

The term “Pro Se” can bring preconceived notions of failing miserably in the court system against the other party’s attorney. The idea of going it alone in the courtroom throws some people into fits of anxiety and nervousness that may keep them from pursuing any legal issues in court–out of fear.

When taking your ex-wife to court for a divorce and/or for child support obligations, it’s important to understand that many fathers go through the court system alone. There is no rule that says you must have representation when litigating civil cases–or criminal cases, for that matter.

There are many benefits to taking your ex-wife to court Pro Se. In addition to saving money on outrageous attorney fees, you also can utilize the help of a legal coach at a fraction of the cost if you want a little assistance in submitting the proper paperwork, meeting deadlines and understanding any confusing legal terms that may be very important to your case.

One of the main benefits of self representation is that you are your own “expert” in your case. You are the person that knows all the facts, all the information pertaining to the case. When hiring an attorney, hundreds of dollars of legal fees go to the attorney while you are explaining your case and helping get the lawyer up-to-date on what’s been going on. By knowing what’s going on with your divorce, you are the most informed person in the courtroom, and shouldn’t have to shell out additional money just to share your story to a lawyer that will never quite know the ins and outs of the marriage.

If you still feel uncomfortable going entirely Pro Se, you can always hire an attorney to be your co-counsel. This means that you are still representing yourself, but your attorney is there to assist you and offer legal guidance throughout the court process.

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