Child Custody Court – Being Prepared

By Alan Katz -

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

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

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

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

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

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5 Ways to Prepare For a Child Custody Battle

By Davon Jacobson M.D. -

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

1) Be sure to attend all school functions.

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

2) Take your child to doctor and dentist appointments.

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

3) Do not miss any church time.

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

4) Gather witnesses who you can trust.

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

5) Record all daily activities with your children.

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

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

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

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What You Should Know About Child Custody Evaluations

By Scott David Stewart -

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

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

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

A typical custody evaluation usually includes:

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

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

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

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

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

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

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

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How to Fill Out Child Custody Legal Forms Correctly

By Stanley Hardin -

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

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

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

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

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

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Overview of Family Law Issues of Child Custody, Guardianship and Wills and Successions

By Andre Savoie -

The world of family law is very different than just about any other type of legal practice. One of the major differences is that unlike dealing with many of the business related areas in which lawyers practice – family law can get personal. These family attorneys regularly deal with issues such as divorce, child custody and support, unforeseen deaths, wills and successions. These are areas of our lives which invoke strong emotions and are not always easy to deal with.

Child Custody

The issues of child custody and guardianship are a factor of the high divorce rate in America compounded by the number of children born out of wedlock. Family law matters surrounding children involve designating custody, child and spousal support, parental rights, adoption as well as community property negotiation. And when there are kids involved, hopefully all parties can focus on the best interests of the entire family rather than strictly their own self interests.

When it comes to child custody – courts will generally choose one of the following types:

· Temporary custody – this is granted during the divorce or separation proceedings and is usually replaced with a more permanent solution.

· Exclusive custody – This is when one parent gets all of the custody rights to the child and the other parent is excluded.

· Joint custody – refers to when parents are granted some version of equal rights regarding the child’s upbringing. Joint custody is usually reserved for situations where both parents are competent and able to carry about parental duties.

· Third party custody – if both parents are either incapacitated or deemed unfit, the courts can award custody to a third party and may include family members such as uncles, aunts and grandparents.

Guardianship Issues

Another issue facing parents is what to do if you do not have a trustworthy person to leave as a legal guardian or trustee for your children or heirs. When this scenario arises, guardianships can be used as a last resort.

A guardianship refers to a situation where a child or incapacitated adult needs someone to manage their assets. These are usually supervised and assigned through the court system and require extensive legal work to setup and manage, including annual accounting and restrictions as to how money can be used and spent.

Wills & Successions

Wills & successions are often thought of as “estate planning” instruments, but really they should be considered part of family law. Taking the time to plan for unforeseen events is a critical part of ensuring your family is protected and your wishes can be followed, especially if the unimaginable happens. If you want to know how important having even a simple will can be, simply ask anyone who has unexpectedly lost a family member who didn’t have one!

Most people would rather not think about these events, but a good family law attorney can help protect what’s most dear to you. The Maryland attorneys at The Law Firm of Annapolis have been serving families since 1998 and have staff fluent in both English and Spanish that can help you make informed decisions.

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5 Ways to Prepare For a Child Custody Battle

By Davon Jacobson M.D. -

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

1) Be sure to attend all school functions.

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

2) Take your child to doctor and dentist appointments.

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

3) Do not miss any church time.

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

4) Gather witnesses who you can trust.

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

5) Record all daily activities with your children.

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

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

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

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

Fathers Child Custody Rights

By Micheal Stone -

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

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

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

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

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

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

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

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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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Types of Child Custody Arrangements

By Carlton T Driver -

When a couple moves to the point of pursuing a divorce in a marriage where children are present, the most important question quickly becomes evident: Who will get custody of those children? It is often the single most contentious issue in the entire divorce proceeding.

Along with all the legal arguments and other issues that are involved in terminating a marriage, those involved in deciding the issues around child custody are often the most difficult. The primary issue to be settled is: which parent should be given primary custody? In the best of cases, the parents seeking the divorce are able to come to a mutual agreement which serves the best interests of the children themselves.

In the ideal case, the parents will be able to agree on a shared custody arrangement in which both parents share both legal and physical custody of the children. Unfortunately, this is often not the case – so other custody arrangements must be explored. Let’s take a look at some of the more common custody options.

First, some basic definitions. “Legal Custody” refers to the right to make the decisions that affect the children, including the areas of education, medical care, religious upbringing, as well as all legal issues. “Physical Custody” refers the right to determine where the child will live, and to the responsibility of seeing to the children’s daily needs, including all responsibility for their care and well-being.

Sole Custody

When one parent is awarded sole legal and physical custody, that parent then has total responsibility for the children’s physical needs, and all decisions that have to be made in regard to the matters described above. In other cases, one parent may be awarded sole physical custody, but the legal custody may be shared. This type of situation might occur when the living situation of the non-custodial parent is not conducive to the well-being of the children, but the parent is otherwise capable of making sound judgements regarding their welfare.

Joint Custody

In situations where joint custody is ruled, it means that both parents will share custody in some way. Shared custody requires that the parents work out schedules that make it possible for the children to split their time between the two parent’s locations. Typically, a set schedule is maintained, which will help reduce the stress on the children. This can only work when both parents live in the same vicinity, so that the children can remain in the same schools. When the parents’ locations make this impossible, shared physical custody must be modified to take school schedules into account, with visits to the alternate parent limited to weekends and summers.

Joint legal custody is generally a simple matter, as there is little likelihood that legal custody can be parsed into different domains. For example, it is unlikely that a parent would be judged competent to share in legal decisions on the child behalf, but not well suited to making medical decisions for them.

Bird-Nest Custody

This is the least common form of custody arrangement, and for good reason. While it is probably the best possible arrangement for the children, it is also the one which requires the most self-sacrifice and cooperation on the part of the parents. Birds-nest custody refers to an arrangement in which the children continue to live in the original family home, and the parents take turns living there with them. This obviously requires that each of the parents have a second place to live, when they are not staying with the children.

In the ideal case, the parents could both share a second domicile, since by definition they need never be there at the same time, unless the children are present as well. This type of arrangement would require that the divorced parents be on sufficiently good terms that they could work together on all issues regarding the upkeep and maintenance of the second home, and not find themselves continually at odds over day-to-day annoyances. Since this is not a likely outcome in most cases of divorce, in order to set up this type of custody arrangement each parent must have a separate second home, with all the attendant expense and inconvenience that entails – which is the reason that this arrangement is rare.

Deciding on the best custody arrangement is just one of the many challenges you will face as you go through the child custody process. To insure that you have all the information and resources you will need to protect yourself and your children, you need to have a high-quality Custody Guide that you can keep at your fingertips. With access to all the latest information when you need it, you can be more confident about your approach, and be more certain that you will not be ambushed or caught by surprise.

You can download two FREE reports about Child Custody issues, and learn much more about how to prevail in a Child Custody Hearing by going to this link: Child Custody Reports. Once you have sent your request for those reports, you will also have a chance to learn about the Child Custody Guides. These extensive guides, written by recognized authorities in the filed of family relations and child custody issues, will be an invaluable resource during your child custody proceedings.

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