Seeking Child Custody

By Michelle L. Walker

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A Denver child custody lawyer is a necessity for parents that are seeking to establish custody for their children. Whether or not the custody will be shared or one parent will claim sole custody, it is extremely important that legal representation is available in order to oversee as well as implement measures associated to establishing child custody. In order to ensure both parties have a chance to express their wants and concerns in regards to the children, it is always best to have legal representation when dealing with child custody matters. Also, legal representation allows there to be an official agreement to be created in relation to the visitation and/or custodial rights of each parent.

Child custody involves establishing the permanent residency of a child. There are a few possible custody options. There is joint custody where both parents have an equal amount of time with their child throughout the year. There is sole custody where a child lives with one parent primarily throughout the year. Both parents should have a say in deciding which type of custody is in the best interest of their child. In an ideal circumstance both parents will share custody so that the child will have the opportunity to spend time with both parents. However, this is not always possible for a number of reasons. Perhaps one parent is more financially stable than the other and can provide a better living environment. In such a case sole custody would be awarded to one of the parents. Deciding upon custody is very important for those that want to ensure their children have a healthy living environment and are capable of interacting with both parents. A Denver child custody lawyer can assist with establishing custody right for both parents.

Another aspect of child custody is visitation rights. When one parent has sole custody of a child the other parent will usually be granted visitation rights. Distance and a parent’s work schedule are likely factors which will be considered in determining the terms of visitation rights. There are also incidences where visitation is usually established when there are issues with the parent and the safety of the child may be in jeopardy if left alone with the parent. A custody lawyer can ensure that the well being of the child is considered at all times while allowing the parent without custody the opportunity to see the child. A Denver child custody lawyer can make sure parents are able to establish terms that will allow for adequate visitation.

Finally, child custody is also directly linked to child support. This is another reason why a lawyer is necessary. The custodial mother or father can be eligible for child support because the child resides with such mother or father and is dependent on him or her for all basic needs. The parent with visitation or a lesser degree of custody is responsible for providing financial assistance in the form of child support. Lawyers can be of tremendous assistance in establishing child support payments based on custody. Those that are interested in establishing custody should seek out the counsel of a Denver child custody lawyer.

Michelle L. Walker is dedicated to Family Law and Domestic Relations. She strives to meet your goals while providing you with effective legal representation. Ms. Walker believes that each case deserves high quality legal representation regardless of how much or how little is at issue. A trusted Denver Adoption Lawyer, Ms. Walker practices in all Denver-metro counties with affordable legal costs. For a free consultation visit Walker Law Offices, LLC.

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Divorced Dads Tips – How to Prepare for Family Court

By Danny Guspie -

DISCLAIMER: The following is NOT legal advice, nor is it a substitute for legal advice. If you are in Family Court you will need legal advice, so please see a lawyer.

There are two ways for a divorced dad to look at the time spent preparing in Family Court:

(1) You can either approach the experience with the attitude you’re just spinning your wheels and wasting time and money

or

(2) You can do your homework and learn your way around the Family Court system in order to prepare for your own court successful appearances.

Do you need to guess which strategy the successful divorced dad chooses? No way.

I’ll let you in on a secret you may not know about Family Court: People are predictable. Judges will reach for the same solutions again and again. If you spend time observing what happens in Family Court you will see that there is a lot of predictability to the processes once you learn who’s involved.

Learning who your Family Court Judges are and how they run their courtroom and how they decide things is imperative if you want to win in Family Court.

A divorced dad would do well to spend some time watching the action in court and learning their court inside out, including the judges. Like a boy scout, he should be prepared for anything the judge might throw at him.

In the early 1990’s there used to be a man who was a frequent guest on the Larry King Show named Gerry Spence. He wrote a book called How to Argue and Win Every Time. The principles in that book were inspiring to me when I was in the thick of Family Court struggles. He listed several laws that are at the core of every winning argument, and I will share a five of them here.

(1) Before you even begin, you must believe that you are capable of making a winning argument. When you truly believe that, present your case and always argue from the heart. If you argue from the heart, you are telling the truth. The truth in this context is hard to beat because it is so infectiously compelling and persuasive.

(2) Remember that winning is getting what you want, but it also means helping others get what they want.This means divorced dads need to look for a way to compromise.

(3) Learn that words are a weapon and can be used in hostile combat. In Family Court, inflammatory words are not a wise choice. The judges hear this type of thing day in and day out and it does not leave them with a favorable impression.

(4) Know that there is a biological advantage of delivering the truth. Certain chemical reactions occur in the body when a person tells the truth, and others can pick up on it.

(5) Assault is not argument. Attacking your opponent does not mean that you are arguing. It usually signals fear of losing an argument

I’ll share the next four principles of How to Argue and Win in Family Court Every Time in my next article.

During my divorce, I wished for a divorce roadmap. That’s why we created a weekly telewebcast, to help men like yourself.

If you’ve lost in Family Court, don’t give up. There is always hope. You’ve likely lost because you didn’t understand that winning requires effectively “waging peace” for your children.

If you base your game plan and strategies upon those of successful fathers, you will improve your chances of success immeasurably. You need help from dads who have done what you are trying to do.

Danny Guspie Executive Director of Fathers Resources International can help you learn the successful strategies of fathers who have won in Family Court. Join us on our weekly calls at http://www.DivorcedDadWeekly.com where we will share with you what has worked for many successful divorced dads.

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Child Support and Shared Custody

By Mary C. Morales -

Decisions regarding child support and shared custody are beginning to favor joint custody over sole custody. The courts’ recent disposition stems from the belief that children benefit more when parents share the responsibility of rearing them, and their welfare should be the major factor under consideration. As far as available resources for children of divorce, youth are likely to have more of their basic and special needs met when both parents participate in their care.

Child Support and Shared Custody: How Successful Is It?

Joint custody is synonymous with shared custody, meaning that both parents are awarded the opportunity and responsibility to care for their children. Usually, there is some type of pre-established arrangement in which parents alternately house and/or spend time with their children. The court has the final say in the matter, however, and the primary considerations are (or should be) the children’s health, security, and happiness.

Sometimes parents are able to collaborate in planning their strategy to promote health in their children throughout the separation and divorce process. In some cases, financial planning may be possible without court battles. Children are apt to benefit emotionally from witnessing a cooperative spirit in their parents’ communication.

Advantages of having shared custody agreements between parents are: less friction and arguments, more parental contact with children, and free personal time when the other parent has them. When custody agreements are clearly written, there is less probability of misunderstandings and arguments about the children. When both parents regularly see their children, the separation or divorce may be less threatening to the youth. There are many factors that, when agreed upon in advance, can limit problems with anxiety, disagreements, and resentments.

Child Support and Shared Custody: Specific Information

Parents who are involved in a breakup of their relationship might benefit from some type of education or counseling regarding their finances. They need to know about their income and cash flow, since child support is decided based upon income. When deliberating on child support issues in shared custody, the presence of an attorney is not required; however, it is very important to record any agreements on paper for future reference.

The Internet has tools that help to plan how parental resources will be shared to support children. On-line forms, calculators, and other information is available to instruct and assist couples in exploring their financial obligations in regard to child support and shared custody. Much of the potential conflict about finances can be prevented when parents learn and understand the standard allotment of income that is assessed toward supporting their children.

Child support and shared custody has its advantages in providing for children’s welfare. Even when youngsters live equally with both parents, child support may be awarded to the parent with the lower income. Needs of children may be more easily met when both parents contribute. Even daily, basic expenses may be too much for one parent to cover. Children do not need to suffer consequences of their parents’ inability to remain together; thus, it is helpful to all concerned if the parent with the most money can be cognizant of children’s needs, and try to meet them through financial assistance.

Learn from the experienced parents on the child support shared custody as well as winning tips on how to win your child custody war when you visit http://www.childcustodydispute.com, the internet foremost authority on winning child custody war

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How Does the Court Decide on Child Custody in Your Child Custody Battle?

By Sarah Dillon -

Child custody is a painful and stressful process that many parents, unfortunately, find themselves in when a relationship breaks down. One of their principal fears is the unknown and not knowing how a court will look at their case and what criteria will be applied when deciding to award custody to one parent or the other.

There used to be a presumption that the mother was the best person to grant custody of the child to; however with the changes in society being reflected in the laws governing child custody there has been a shift in attitude.

Now there is no such presumption in favour of the mother but rather it is up to both parents to make their case as to why they should be appointed sole custodian of the child. The paramount consideration of the court will be what are the best interests of the child and this can only be judged when each side puts their case forward.

It is important to remember that you do not need to be in court at all if you can come to an agreement with the other parent as to custody arrangements. Once this is arrived at you can then go to court and have it made an order of court which will be legally binding on both parties.

This is where a good child support and custody lawyer can be helpful and help you put your best foot forward and the skill of a good child custody attorney will be in threading a fine line between putting your case forward in the best way possible and the inflammation of an already tense situation.

It is importan for you to do some basic research on this area of law as it will affect you and your child’s future for many years to come.

Learn more about the issues surrounding determining child custody and reaching a child custody agreement. Get your FREE child custody book now!

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Issues Affecting Monetary Child Support Amounts

By James Witherspoon -

Child support is essential to a functioning society. Without the existence of child support and the laws backing the enforcement of it, single parents across the country would be left with minimal or no monetary help in addition to their own income when raising a child.

This form of monetary support is either mandated by a child support order issued by the family court that is managing a couple’s divorce or it is issued independently in the case of parents who were never married. In certain cases in which the child does not live with either parent, both parents may be ordered to pay a certain amount to the third party that cares for the child or children–this may be a grandparent or other friend or family member who volunteered to care for the children.

The calculation of support varies from state to state, but the following things are almost always taken into account:

• The specific needs of the child/children, including health insurance, education, day care and any special needs such as medical conditions that may make caring for the child more expensive
• The income and personal needs of the custodial parent
• The income of the non-custodial parent, as this will directly affect the amount that he or she is able to pay.
• The number of children the non-custodial parent is already supporting
• The standard of living the child was accustomed to before the divorce or separation

Once a child support order is sent out, the non-custodial parent is legally obligated to pay the issued amount each month. Failing to do so can have great legal ramifications including fines and even prison in certain cases.

To find out more about calculating child support, visit the website of the Conroe divorce attorneys of Garg & Associates, P.C.

James Witherspoon

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Denial of Rights to Represent Yourself Properly is a Violation of the 14th Amendment

By Dennis Gac

If you’re going it alone in your divorce case, your child custody case, or your child support order or modification, it is essential that you know and understand your basic rights when it pertains to federal and state laws. When going to court pro se, you have the right to represent yourself properly in the court system. If you are denied this chance, the courts are in violation of the 14th Amendment. By properly addressing the issue and showing the courts that you are aware of your rights as a US citizen, you may in turn cause the case to do a complete 180 and suddenly be in your favor, and not in your ex-wife’s.

If a Judge denies you the opportunity to bring forth and present evidence to help your case, or denies you the chance to present affidavits that are crucial to your case, you can nab them on the fact that they denied “substantive due process rights” and that they are in violation of “due process and equal protection clauses of the Fourteenth Amendment and 42 USC 1983.”

By utilizing the 14th Amendment in your favor, you will show your Judge that you know your rights as a United States citizen and that you are aware of due process law and protection. Including and fighting for your right to appeal by bringing up your 14th Amendment rights, you should not be denied the opportunity to fairly represent yourself, whether it be in regards to presenting evidence, affidavits, or anything else that has the opportunity to turn the case around in any party’s favor.

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.

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Family Court Violence and Crazy-Making Maneuvers

By Dr. Jeanne King, Ph.D. -

If I tell you that you are “crazy” and threaten to punish you because of what I have said, a part of you begins to question that maybe what I have alleged is true.

Crazy-Making from the Outside In

Then, if I tell someone in authority that you are “crazy” and consequently they set forth to create restrictions around your personal and civil liberties, then more of you questions…is this true?

Then, if all those around you begin to justify your losses and tragic circumstances by the “fact” that you are “crazy” because the court record says so, then even more of you questions…and part of you believes it to be so.

Then, you go around and try to convince others that what is alleged about you is not true and over time you inadvertently solidify what was once not true to be true. That is, you wear the “crazy hat.” Why? Because what you resist persists. And what you focus on expands!

Crazy-Making from the Inside Out

Now on a very, very, very deep level, you know you are not crazy, BUT your cognitive mind must reconcile the cognitive dissidence created by the gross disparity in your beliefs, emotions and actions resulting from the restrictions imposed.

So, how does one resolve cognitive dissidence-the state of tension caused by disharmony among one’s thoughts, emotions and actions? You bring all three elements into harmony by dismissing one element or changing one. And the one changed or dismissed is the one with the less convincing voice; that is, the voice overshadowed by the other voices.

For example, if you have lost your personal liberties or portions of your parental rights, this very loud action may overshadow your belief that you are sane. Now to keep the emotions of loss, longing and horrific grief in check, you embrace the challenge of bringing these two intense and grossly incompatible elements into harmony.

You can assume the belief system and you live a very defended life of protecting your craziness from social shame, until you wake up or don’t. Or you may implode with internal conflict, until it resolves itself or not.

Crazy-Making Conclusion and Remedy

This is how perpetrators make their victims crazy with the use of the system to torment and control their lives. I have seen this hundreds of times and each time I’m a witness to someone losing their sanity in this fashion, I’m in awe at the utter cruelty of what they bear.

If you are a victim of someone telling you that you are crazy and seeking to use these allegations to punish or discredit you, stop yourself in your tracks as you ask, is this so? Your job is to keep that inquiry going until that thought (I’m crazy) lets go of you.

For more information on crazy-making and family court violence, read Crazy Making Legal-Psychiatric Abuse: Signs and Prevention before the abuse to you spirals out of control. Dr. Jeanne King, Ph.D. helps people recognize, end and heal from domestic abuse. Copyright 2009 Jeanne King, Ph.D. http://www.preventabusiverelationships.com/crazy_making.php

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

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

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Court and Divorce Alternatives

By Andrew Carnigie

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Divorce is an emotional event. Some are lucky enough to go through it without falling to fighting, but man end up in a sort of divorce hell. When you marry someone without a prenuptial agreement, you are basically entering into a contract saying both of you are now one entity when it comes to ownership. At the divorce, this means that hostile ex-partners can now vie for property through the divorce court. A hostile divorce usually forces both parties to hire Denver divorce lawyers. Hiring a divorce lawyer gives you a good shot at getting more property, but it also costs more and complicates the whole thing, especially when you start battling over child custody.

So the real secret to divorce happiness is to make the decisions mutually. Of course this is not possible in all situations, but if you can work the break up between yourselves you will be able to avoid hiring a lawyer and keep the decision making process out of the courts. A mediator might be a good option if you think a neutral third party would be better than aggressive lawyers. This will keep the children out of a messy Denver family law court battle. In most common Denver Divorces, the two sides can work a good portion out my themselves. In Colorado, once you have worked out how the children and money go, you do not even have to go to court once you submit the divorce to make it official.

When it comes to the point where you have to hire a divorce lawyer, who you choose to represent you is critical in how the divorce will proceed from there. Attorneys are in business to make money, and while some good ones will counsel you on what choices you need to make to keep your family and yourself happy, it is always in their best interest to make the most money possible. In our adversarial system, the lawyer’s job is to protect their clients interests as well as possible. If you want as peaceful a divorce as possible tell your lawyer. If your partner hires an aggressive lawyer, you may have to fight back. Lawyers will not mind using children as bargaining chips to get the most out of their adversary. Eventually most people run out of money for legal fees and settle anyways so I advise against that whenever possible.

In some cases where you agree on the general principles, both parties can use one lawyer. In our system a lawyer cannot fully represent two people at odds so it is important that the parties can compromise. I had one client that used a Denver motorcycle lawyer for their divorce just to do the paperwork. Try to keep it civil, because if a major disagreement arises, the lawyer will have to give one or both clients to another attorney.

There is another type of divorce lawyer called a collaborative attorney, who will work with another attorney in his profession to share information and work towards a settlement. These lawyers sign a contract saying that they cannot represent either party in court. This allows the clients to have a clear mind knowing their lawyers do not have a monetary incentive to go to court.

There are some cases when you need to hire the traditional adversarial aggressive divorce attorney. If there is any type of abuse or vindictive behavior. If you do not have the money, some law offices do pro bono work, and at the very least they can point you in the right direction on where to find free answers. The best protection if your spouse hires a lawyer is for you to do the same.

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

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Fathers’ Rights – The Virtues of Fighting As Hard As You Can

By Mary See

Fathers’ rights are a very tough thing to deal with in our society today. Going through a family split can be very difficult emotionally, mentally, physically, and even financially. A divorce or a split up between the parents can cause a lot of arguments as far as the fathers rights and the mothers rights on caring and raising their children go. A father’s biggest fear is not only how much the divorce can affect his children, but the reality of actually losing his own children as well.

A majority of the people in our society don’t see fathers rights in an as important light as mothers rights. Often times, the mothers ends up winning custody of the children, while the father is required to pay for child support.

Every situation is different, but there is something that you can do to fight for your rights as a father, and have as much of a chance as your children’s mother when it comes to caring for your children.

One of the most important things that you can do is to hire a good attorney, who is very knowledgeable about fathers rights. Do your research, and don’t just hire any attorney. Make sure that who you’re dealing with really knows what they’re doing. Once you have found the perfect attorney to represent your case, make sure to communicate with them and be completely honest about what you are fighting for. Let them know what your real intentions are. When they see the sincerity in you, they will not only work hard to get paid, but they will really understand how much winning the case and having your fathers rights really means to you.

During the process, make sure that are you involved in the case as much as you can be. All the effort and hard work you show will be worth it, and at the end, you will not look back and regret that you didn’t work hard enough to fight for your children.

Fathers rights are equally as important as mothers rights in raising and caring for their children, therefore, both parents should have equal rights to raise their children. The law can be very tricky, but its goal is to protect your children, after all.

Unfortunately, it is very easy for the court to see that it is best for your children to be with their mother, but if you and your attorney work smart enough, you can have as equal rights as their mother when it comes to raising and caring for your children. If you keep all of this in mind you are that much closer to winning fair custody of your children and rightfully maintaining your fathers rights.

Mary See is the webmaster of fathers-rights.net, a fathers rights website that guides fathers through their struggle of getting the custody rights that they deserve.

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