February 5, 2012

The Father Vs The Family Court

By James Ray Edwards -

David Levy, cofounder of the Children’s Rights Counsel and author of The Best Parent is Both Parents, once stated: “President Obama talks a lot about absentee fathers who need to take responsibility. (But) he may not realize that there are millions of parents who want to be involved (in their children’s lives). But the road is blocked.” Programs such as the “National Fatherhood Initiative” bring to light the problem of “absentee fathers” in this country in an attempt to get these fathers more involved in the lives of their children. Each year, the Department of Health and Human Services distributes millions of dollars in federal grant money to community-based organizations from the “Promoting Responsible Fatherhood” program to ‘teach fathers how to be fathers.’

However, the aforementioned programs do not address the problems surrounding a family court system that is easily manipulated by false allegations, or the thousands of fathers each year who spend their life’s savings in litigation defending against false allegations made by angry and vindictive mothers using the child to avenge the failure of their marriage. They cannot, because any program receiving government grants cannot have a political agenda. So are these programs overshadowing the millions of fathers in this country who have tried, or are trying to be part of their child’s or children’s lives only to find themselves bankrupted by a family court system manipulated by false allegations?

False allegations to family court or child protective services have proliferated over the past twenty years because they are an effective tactic to quickly sever the parent-child relationship. Once accused, the father will be run through a financial gauntlet, forcing him to spend thousands to tens of thousands of dollars to defend against the allegations. He will be court ordered to supervised visitations; complete a psychological evaluation; meet with parent coordinators or parent facilitators and mediators, all requested by opposing counsel to financially overburden the father to the point of surrender. False allegations are effective simply because they are costly to defend against – and, when proven false, the court will not prosecute the accuser. Since family courts do not prosecute parents for providing misinformation to the court or making false allegations, there are no deterrents to such action.

Forensic consultant Dean Tong states that “there are an estimated 270,000 false allegations of child sex abuse cases in this country each year.” However, attorneys may advise their clients to keep the allegations vague, i.e., “The father is a danger to the child,” so as not to involve child protective services. (This allegation is enough for family court, but too vague for child protective services). In order to prove the allegation false, the father can pay out-of-pocket to have a forensic investigation conducted, (also known as a social study evaluation) which will cost anywhere from fifteen hundred to fifteen thousand dollars.

Unlike criminal court, where one is innocent until proven guilty and evidence is required for a conviction, family court is a guilt-by-accusation system. There is no need to provide evidence to support the allegation. The court will always err on the side of “the safety of the child.” Once accused, it will be the responsibility of the accused to prove the allegations false. In the end, the father may find himself financially drained and psychologically exhausted, and lose a relationship with his child or children simply because he ran out of money to continue to fight.

Unless you’ve actually been dragged through the family court system by false allegations, it’s difficult to comprehend. The fact that someone in this country can be accused without evidence in a courtroom is a very hard concept for any American to grasp. Or that family court will immediately deny parental rights based on allegations that child protective services considered too vague to investigate. You don’t understand why you are being “court ordered” to complete a psychological evaluation when there is no documented history that warrants such action. You sit in amazement as you watch the opposing counsel continue to make false accusations in the courtroom just to get continuances in an effort to place additional financial burdens on the father. You don’t know what is more absurd – that opposing counsel demanded in “discovery” that you provide “all cancelled checks and pay stubs for the past six years” or that the judge actually granted a continuance because you didn’t provide six years of documentation (but only required you provide documents for the past two years). In family court, the father has been set up for failure.

Each year, millions of taxpayer dollars are distributed to community-based organizations in the effort to try to get “absentee fathers” involved in the lives of their children. Yet, we continue to work with a broken family court system that throws fathers away. Family court judges with years of experience continue to remain na�ve to the fact that some parents use their child or children to avenge failed marriages and allow themselves to be manipulated by false allegations. Attorneys knowingly continue to represent false allegations without being required to provide evidence to support the allegations. And every day, thousands of children lose contact with their fathers simply because the father ran out of money to continue the fight and had to accept the “no court-ordered visitations” or face jail for contempt for failing to comply with the court orders. It is the responsibility of the family court to determine what is in the “best interest of the child.” Perhaps one day, the courts will determine that the “best interest of the child” is “the child’s right to both parents” and quit throwing away fathers.

James Edwards
http://www.achildforgotten.org

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Child Custody Stability

By Greg Tolland -

Before moving forward, first lets define custody. Custody is the term used to describe a parent’s supervisory relationship with their child. Physical custody is the right of the parent to reside with his/her child. Legal custody is the right of a parent to make decisions for the child regarding the child’s education, religion, medical care, discipline, and other such day to day decisions. So while married parents enjoy both physical and legal custody, once they are divorced, a decision as to custody, both legal and physical, must be reached. Hopefully, this decision is come to through an agreement, however, if the parents cannot agree, the Court will decide. Until recently, NY followed the “tender years presumption” which stated that mothers were inherently better fit to assume the custody of young children. This presumption has been abolished and the law is currently gender neutral.

How does the Court decide? The Court will consider a host of factors when deciding what is in the best interests of the child. Factors the Court will contemplate include: 1 the parent’s physical and mental health; 2 the use of drugs and/or alcohol; 3 sexual activity; 4 lifestyle; 5 neglect abuse or abandonment; 6 physical or emotional abuse and 7 the parent’s relative economic status. These are just a few of the examples which the Court will consider. The Court will not give more weight to any particular factor it considers. Instead the Court will consider the totality of the circumstances when making a determination.

Now, while not necessarily giving more weight to any factor, the reality is that stability plays a large roll in determining physical custody. Generally, Courts will look to grant physical custody to one parent with the eye to establishing long term stability for the child. So while current case law harps on the fact that stability is one of many factors in deciding custody, in practice stability will play a major part in the Court’s decision making process. Who is the primary care giver? Who is there to pick them up from school, mend bruises and do homework? When the child wakes up, who do they see?

Clearly, moving out of the house does not sound the death knell for custody. The spouse that moves out does not necessarily lose out on custody. What if a spouse is forced to leave to escape abuse? Clearly that spouse is not forced to stay in a dangerous situation simply to maintain potential custody rights down the road. What if a spouse moves out to allow the child to finish out the school year? Does a spouse who leaves the house implicitly concede custody to the other? Again, depends on the totality of the circumstances.

LEARNING POINT: The totality of circumstance will decide who gets custody. If custody cannot be worked out between the separating parties, consult an attorney quickly. You must start preparing your case immediately and shoring up your position. You do not want early decisions to have a detrimental effect on your ability to maintain custody of your child.

If you found this article helpful contact a Long Island divorce attorney today or visit http://www.divorcelawattorneyslongisland.com

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Bugging and Tape Recording Conversations in Arizona: Is it Legal?

By Trent Wilcox -

Lawyers often receive inquiries about the legalities of recording phone or other conversations in Arizona. In particular, the issue frequently arises in family law cases where child custody is at issue. Related to the recording issue is the “bugging” issue.

There are a number of variables that affect the answer to the central question, whether it is legal to either record or even bug conversations. First, bugging and recording are two different issues under Arizona law, often related, but also potentially very different under the law. Second, the laws regarding bugging and recording vary significantly by jurisdiction so what is legal in one state may be illegal in another. As well, the federal law may vary from state laws.

The following is a very brief analysis of the bugging and recording law in Arizona:

A. Bugging, otherwise known as wiretapping, typically means placing a device on a phone that allows one to eavesdrop on a conversation or other transmission. Bugging by a private party is considered illegal almost all of the time for two reasons primarily: First, it allows someone to listen to a private conversation between two or more unsuspecting parties. Second, bugs are usually placed without permission so you have a number of infractions inherent in such trespass-like activity. If you suspect someone has placed a bug on your phone or other device, you should call the police.

B. In the case of a telephone or in-person conversation, recording simply means making a copy of the conversation between two or more people. Recording is illegal in Arizona if NO party to the conversation knows that the conversation is being recorded. However, in Arizona, and this varies by state, if one party to the conversation knows that the conversation is being recorded, it is not illegal. Thus, if someone tape records a phone call or conversation involving him/herself and another person, even one who is unaware of being recorded, that’s legal in Arizona. If the same person taps into a phone line and records a conversation between two people who are unaware they are being recorded, it is ILLEGAL. Arizona and federal law are similar in this respect; however, recording conversations is illegal in certain other states unless all parties know of the recording and consent. There may be some cross-jurisdictional issues involved when tape recording a conversation across state or national boundaries. Prior to tape recording, I recommend that you consult an attorney in the appropriate jurisdiction.

In summary, bugging/wiretapping is always illegal while tape recording is legal in Arizona as long as one party to the conversation is aware the conversation is being recorded. However, don’t make assumptions about the law in other states -consult an attorney to determine what is allowed.

Wilcox & Wilcox, P.C.

Trent Wilcox

For the Firm

Phoenix office:

3030 N. Central Ave., Ste. 705

Phoenix, Arizona 85012

Ph: 602-631-9555

Fx: 602-631-4004

Goodyear office:

1616 N. Litchfield Rd., Ste. 240

Goodyear, Arizona 85338

Ph: 623-344-7880

Fx: 602-631-4004

Visit our website: www.wilcoxlegal.com

Check out our web log: http://www.arizonafamilylaw.blogspot.com

Disclaimer: Providing the above information does not establish an attorney-client relationship. To create such a relationship, both the attorney and potential client must sign a written fee agreement. The information contained herein is meant only as general information and is not meant to be relied upon for the purpose of taking legal action. You should contact an attorney in person for further and specific information. Wilcox & Wilcox, P.C. attorneys are licensed in Arizona only except for personal injury attorney Robert N. Edwards, who is licensed in Arizona and Minnesota. Information in this article may apply only to Arizona.

Attorney Trent R. Wilcox is the managing partner of Wilcox & Wilcox, P.C. Mr. Wilcox practices in the areas of family law, employment disputes and general civil litigation. Mr. Wilcox is admitted to practice in the Arizona state court and federal district court and is a member of the Maricopa County, Arizona State and American Bar Associations.

Mr. Wilcox has worked closely with the National Center for Missing and Exploited Children to return abducted children to the custodial parent. He has assisted parents in cases brought under The Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction.

Mr. Wilcox plays golf professionally when time remains after family and the demands of the law office have been met and currently carries a +3.9 handicap.

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Child Shared Custody – Joint Custody Tips

By Nancy Marie Drake -

Joint custody is a type of child custody where both parents share responsibilities on raising the child. Child shared custody can have various meanings; depending on what state you belong. Bear in mind that every state has its own laws and languages of child custody which usually differ from other states; hence, it is imperative to check the local laws and regulations on this matter in your area.

Shared child custody can either be enforced legally or physically; or both. On one hand, when we talk about legal shared custody it means that both parents have legal rights and responsibilities on the child; especially when it comes to major decision making like religion, education, healthcare, and other activities.

In this case, it does not always mean that both parents have shared physical custody of the child because it could also mean that one parent is granted the full physical custodianship while the other is not given such benefit due to some reasons.

On the other hand, physical child shared custody means that both parents have shared physical custodianship on the children; following the shared parenting schedule set out by the court and agreed by the couple.

Take note that shared child custody is not the most common type of custodianship granted by the court among separated couples; only 20% of all cases were granted joint physical and legal custody. Hence, if you think that this is the right custodianship that you want to have in your case then you must fight for it in the court.

Just make sure to develop your own strategies and plans so that you have higher chances of success in convincing the court that child shared custody is the most ideal custodianship for the overall interest and well being of your child.

Gain access to more than 200 custody publications especially designed for both father and mother. Visit Child Shared Custody now.

Get help on how to develop strategies on child custody for men and women. Please visit: http://childsharedcustody.blogspot.com

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Why Child Custody Mediation Is Helpful

By Matthew C Brickman -

Why Child Custody Mediation is Needed

So you have found yourself in a position where you and the other parent of your child are no longer together. Whether or not you are fighting over arrangements, it is often a good thing to make sure that you are seeking out a way to have your agreements for custody and visitation clearly spelled out in legal documents. It is also important to make sure that each party is completely understanding of the terms that they are agreeing to. This will help to make sure that there are not a lot of problems later down the road.

Two Types of Child Custody Mediators

There are two types of mediators out there. There are the private mediators that you hire and then there are the court appointed mediators. For arguments sake, lets say that they two of you are not seeing eye-to-eye on the issue of custody and visitation. You both obviously love and care for the child. You want to make sure that each parent is getting what is not just fair to them, but what is fair to the child. Sometimes though, our love and a wide variety of emotions can block our vision of what would truly be in the best interest of everyone involved.

When there is a disagreement, one or both of the parties will file a motion with the courts. Essentially, it is being asked that there be an intervening of some kind. You might want to march right into the courtroom and let the judge know your concerns and wishes, but there is a good chance that you might never see a judge and if at all possible, that should be the way that you want it. After all, over the next 18 years, you are going to have a lot of decisions to be made between the two of you and there cannot be a judge to be in the middle of every discussion.

The Mediation Process

Before anyone ever sees a judge, the courts will appoint a third-party, non-biased mediator. You and your ex-partner will receive a date and time where you will all three meet. This usually takes place in the courthouse building. You are more than welcome to bring your attorney if you have one. If there is a lot of fighting taking place, it might be beneficial to hire an attorney.

The mediator will talk with the two of you, generally in separate rooms, to hear your opinions and your wishes. The mediator will go back and forth between you in order to try to work out some an agreement. Refusing absolutely everything because you would prefer 5pm pickup times as opposed to the 4pm pickup time is not beneficial. You want to meet on some sort of middle ground. Not only will working through a mediator save you a lot of time and frustration, but it will save you a lot of money as well. And since the end agreement is put into the same legal documents a judge would put the agreement in, you might as well give it a try.

The Difference Between Mediation and Litigation

The difference between the mediator and the judge is that if there is no compromise between the parents or guardians, the mediator cannot force a decision, where a judge can. And since you might not like the opinion of a judge, you might want to do whatever you can in order to work things out with the help of a mediator.

Matthew Brickman is a Florida Supreme Court certified family mediator and founder of iChatMediation family mediation services serving West Palm Beach Florida, the surrounding counties and the entire country via online conferencing. You can read more about the details involving post divorce matters by watching a short video on child custody laws or visiting the page on my website for child custody mediation.

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Tips During a Child Custody Battle

By Evan Lebough

Child custody battles turn nasty quite often. The divorce may be uncontested save for issues related to the children i.e. child custody, visitation rights, child support, etc. Winning child custody is a priority for many parents, which is why many divorce cases that go to trial make it that far. Coming out the winner of child custody battles is never guaranteed, but a good attorney and a good understanding of what the court looks for when awarding custody to one parent is often helpful in improving your chances of winning.

There are some cases in which the custody will be split with both parents spending an equal amount of time with the child. Others will be tipped in favor of one parent, while sole physical custody is awarded in other situations. Legal custody, meaning which parent makes decisions regarding the child’s education, healthcare, religion, etc., may be joint or sole depending on the circumstances. Some situations involve sole physical custody with the non-custodial parent granted visitation rights, along with joint legal custody. Other cases will see sole physical and legal custody granted, and others will see joint physical and legal custody granted.

Keep your cool in the court room. Dress appropriately and follow the proper court room etiquette. This may not win you the case hands down, but making a good impression may be helpful. The court is going to act on the best interests of the child and showing that you’re a good parent will be one of the keys to winning the custody battle. Come prepared with all of the proper documents necessary for the case including phone call logs that show the continuous contact between them and their child. Also keep a log of visitation schedules, and proof that you paid child support, if applicable.

In determining the best interests of the child, the court may consider the age of the child, the relationship between each parent and the child (who was the primary caregiver), the physical and mental health of the parents (and the child), the environment each parent is able to provide for the child, the ability of each parent to provide for the child’s physical, emotional and medical needs, etc. The issues at play may differ from one case to the next, so speaking with a good attorney is one of the best things a parent can do to get ready for the case.

Evan writes on legal matters and truly believes a parent will be best advised by contacting an experienced and professional Child Custody Lawyer in your area. For spouses involved in a California Divorce Trial concerning children, visit the offices of Diefer Law Group.

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Talk To Your Family Lawyer About Child Custody

By Jon J Nestorovic -

After a divorce is settled and agreed upon child custody comes next, depending on the number of children you have, your current living condition and your income will determine who retains child custody between you and your spouse. Child custody and guardianship are legal terms which describe the relationship between a child and a parent within the legal realms. An example of this are the parent’s right/duty to take care of the child and his or her right to decide what is best in the child’s interest.

Different Kinds of Custody:

  • Alternating type – this is the most common type of child custody where the child or children live with one parent for a few weeks, months or years and then lives with the other parent for the same amount of time. It is considered that the parent who at the time has custody of the child/children retains full authority and responsibility over them.

Bird’s nest type – both parents agree that the child/children shall choose to stay in only either of their residence. The parent who lives in a different residence will be the one who will move back and forth for a certain period of time to where the child resides. This is the opposite of the alternating type of custody and it spares the child/children the burden of having to move back and forth between their parents.

  •  Joint type – both parents agrees to have legal and/or physical custody over the child/children.
  •  Sole – is a court settlement where only one parent may have physical and legal custody due to the unfitness of the other parent to carry the responsibility.
  •  Split type – if the couple has more than one child, then the full custodial responsibility falls on both parents. However, they will divide the children equally.
  •  Third-party type – a third person will become involved in this scenario (probably a grandparent or a relative) and the custody is granted over to this person as agreed by both of the child’s biological parents.

You must keep in mind that your children will get hurt emotionally in this permanent separation you and your spouse will have. But what will hurt them more than the separation is if you moved away physically and relocate to another city or province where reaching would be very tedious and difficult. So while your children are still young try to live close to them and call or visit them often, this way they won’t feel like you’ve abandoned them completely. Talk to your family lawyer to determine your rights and responsibilities to your kids.

Are you getting a divorce or planning to fight over child custody with your spouse? Do you have an unsettled dispute with someone and you’re in need of expert help? Then perhaps it’s time that you go see a Family Lawyer Toronto in order to get assistance in matters such as this. Visit their website at http://toronto-family-lawyer.com/ to get consultation and expert advice on divorce, legal family issues and other things which may require the help of a family lawyer.

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Can a Custodial Parent Take a Child out of State?

moving children out of stateBy Steven Carlson -

The domicile or residence of the child typically cannot be moved from the state without the prior approval of the court or judge who awarded custody. If the custodial parent moves the domicile of the minor child out of the state against the wishes of the non-custodial parent and without the permission of the court, then the court may sanction orders of contempt. An order to permit a parent to move a child from the state is often required before a move can occur especially in contested relocation or move-away cases. The relocation or move-away order may be entered either by consent of both parties or by the court after a hearing.

Often court orders will include a change of domicile provision stating that the custodial parent shall not remove the minor child from the state without prior approval of the court. The reason for this provision is to protect the non-custodial parent’s rights to visitation and to ensure that a custodial parent’s move out of state is legitimate and the motive is not to frustrate or deny the non-custodial parent access to the minor child.

If the parties mutually agree to a change of domicile and they sign a written agreement known as a stipulation and consent agreement, it may be entered as an order, if approved by the court.

However, if the parties cannot mutually agree on a change of domicile, they may either contact the other party for reaching a consensus, attempt to resolve the matter in mediation or another form of alternative dispute resolution, or if this is not possible, they may choose to file a petition in court.

If you have questions or find yourself in a situation where the custodial parent wishes to take your child out of state against your wishes or against a court order, you would do well to consult an attorney in your jurisdiction to help you learn where you stand legally on this matter and to learn what your legal options are.

© 2007 Child Custody Coach

Child Custody Coach supplies information, online materials, and coaching services to parents in the field of child custody, namely, divorce, child custody and visitation, child custody evaluations, 730 evaluations, parenting techniques, and all issues related to child custody and divorce. How to Win Child Custody – Proven Strategies that can Win You Custody and Save You Thousands in Attorney Costs! is a unique child custody strategy guide provided as an E-Book for immediate access written by Steven Carlson who is known nationally as The Custody Coach�. Custody Match is an online consumer and family law attorney matching service find the right family law attorney, divorce, attorney, or child custody lawyer in your area.

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A Single Father’s Rights

By Amie Haskett -

There are many organizations in the US which focus on supporting and maintaining fathers’ rights, both in family courts and through legislative action. To name one, there is the Alliance for Non-Custodial Parents’ Rights (ANCPR) which is a non-profit organization which helps non-custodial parents prepare for, and protect their rights in family court. The ANCPR assists non-custodial parents with issues of child support, visitation and child custody.

There is also the American Coalition for Fathers and Children, a non-profit organization in support of shared parenting. The ACFC works with pro-family and civil liberties groups throughout the country.

Other organizations supporting and working with fathers’ rights

Children’s Rights Council (CRC) serves in the interests of children and supports the active involvement of both parents in a child’s life, promoting shared responsibility, education, mediation and a support network made up of financial, emotional and physical support. ANCPR believes that many aspects of the current and proposed laws concerning visitation, custody and child support enforcement violate the constitutional rights of all non-custodial parents and also believes that it is in the best interests of the child to have equal access to both parents, and that shared custody arrangements that specify 50/50 joint physical custody should be the presumption in Family Law.

Children’s Rights Initiative for Sharing Parents Equally (CRISPE) is a non-profit organization that works to ensure that children have equal access to both parents during and after a divorce or separation.

Dad’s Divorce, a website dedicated to educating fathers on matters relating to divorce, child custody, and child support.

Divorced Fathers Network, dedicated to improving the lives of children and families during the divorce process.

Fathers and Families is a non-profit organization that advocates for children’s right to love and be cared for by both parents.

The Fatherhood Coalition, a volunteer-run, non-profit organization working to end discrimination against unwed and divorced fathers and promote shared parenting.

The World Fathers Union came about some time ago as an informal working group of disenfranchised fathers united by their common desire to see fair treatment of fathers in custody disputes become the norm rather than the exception.

Divorced Fathers Network helps dad help themselves and is dedicating to assisting fathers and mothers in parenting issues and helping them through a support group network.

United Fathers of America helps fathers with their custody, visitation, divorce, paternity and child support problems

USA Fathers is a web-based organization dedicated to the free exchange of information regarding the rights and responsibilities of fathers. They give voice to the decent, law-abiding loving fathers of America.

Men’s Educational Support Association (MESA) helps families, fathers and children caught in the turmoil of a domestic crisis. Their aim is to make available the emotional resources and legal referrals men require during a family breakdown. National Congress for Fathers & Children aims to serve as a national organization to assist state and local efforts compatible with their goal of assisting parents who wish to remain involved in the lives of their children, irrespective of marital status.

Visit singleparentcenter to get great advice, tips and strategies for great single parent families. This site is loaded with single parenting advice and information about statistics for single parents.

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Before Hiring an Attorney for Your Family Law Case, Ask a Few Key Questions

By Scott D Stewart -

Before Hiring an Attorney for Your Family Law Case, Ask a Few Key Questions. The more selective you are in choosing the best family law attorney for you, the more confidence you’ll have — in the representation and in the legal proceedings. Ultimately, you want favorable results for yourself and your children. Of course, you want to ask how much you’ll be charged for lawyer services, how much for paralegal services, how and when you will be billed, and how much of a retainer fee is required. But don’t make your decision based on fees alone. Here are a few questions you should also ask before you consider hiring a particular lawyer.

Key Question #1: Has the lawyer been sanctioned for an ethics violation?

Attorneys are held to high ethical standards regarding how they practice law and the customer service they provide to clients. Each state’s bar association regulates its members and, when necessary, disciplines attorneys with sanctions to punish for acts of professional misconduct. Arizona’s attorneys must be members in good standing with the State Bar of Arizona in order to practice law within the state.

A grievance filed against an attorney can lead to reprimand, probation, suspension, restitution, and revocation of the attorney’s license to practice law within the state. A relatively minor infraction may be the attorney’s failure to pay bar member dues timely, leading to an automatic suspension and an easy remedy. When an attorney’s conduct is egregious, as with a felony conviction, then automatic interim suspension followed by sanctions like disbarment may result. You need assurance that the character and competency of your attorney justifies your decision to hire.

Poor legal judgment causes problems for clients.

When hiring an attorney for your divorce, child custody, or parenting time matter, determine whether the lawyer has been disciplined, so ask:

– Was the attorney disciplined for mishandling a legal matter because of inexperience in the law?

– Did the attorney fail to adequately prepare the case?

– Did the attorney fail to get assistance from a more experienced attorney when they should have?

– Did the attorney fail to take reasonable steps to protect a client’s interests both during and after the representation?

– Did the attorney fail to put forth reasonable efforts to expedite the litigation, delaying a case unnecessarily?

– Did the attorney mishandle client funds?

– Did the attorney neglect an entrusted legal matter?

– Was the attorney advanced a legal fee, but failed to refund the unearned portion?

The exercise of poor legal judgment by an attorney can result in significant problems for a client.

Key Question #2: Is the lawyer’s practice focused on family law?

The one constant in the law is change, sometimes in an obvious way and sometimes in a hundred subtle ways. The courts continue to interpret laws differently, and our legislatures continue to pass new laws and change existing ones. Rules of civil procedure, evidence, and local court rules vary from one judge to the next. When the attorney’s legal practice is focused on family law, then that attorney is in sync with emerging trends in the field. Case management is very difficult to streamline when the attorney is not completely tuned in to the controlling laws. The experienced lawyer focused exclusively on family law, who has tried many divorce cases, has worked with complex asset divisions, has handled contested custody matters, and has been successful. That attorney will guide you through your case fluidly, efficiently, and knowledgeably. A focused practice is a focused lawyer.

Choose a family law practitioner.

You want to know whether the attorney you’re looking to retain has a genuine focus on family law, and is not merely dabbling in divorces as circumstances allow. These are the types of questions you should ask before hiring:

– Do you practice family law exclusively?

– What percentage of your law practice is devoted to family law?

– What access do you have to specialists and experts within your firm and outside your firm?

– How many years have you been practicing family law?

– Have you been litigating divorce trials for five years or more?

– Have you handled complex asset and property divisions in divorce?

– Are you well-versed in child custody matters?

– Are you recognized by the public and by your peers for your abilities and experience as a practitioner of family law?

If after your questions are answered, it is apparent that the attorney is not sufficiently experienced in family law, or lacks a genuine focus in family law practice, then keep your options open and continue interviewing other potential attorneys.

Key Question #3: Will this attorney be handling your case, beginning to end?

At some law firms, the attorney you meet in your initial consultation is not the attorney who will be representing you. Allowing your case to be assigned to whoever has a light schedule at the firm this week is not being very selective. You are not a commodity and neither are attorneys. Make sure to ask if the attorney you’re interviewing will actually be the attorney handling your case. Will some other lawyer at the firm be assigned to your case after you’ve paid your retainer fee?

The attorney you first meet may be the firm’s presenter, skilled at promoting the law firm and bringing in new clients. But the firm’s presenter may or may not be the lawyer who will be assigned to your case. If you’re interviewing one attorney, but will be working with another, then the prudent course of action is to interview the family law attorney who will actually handle your case. At the interview, ask the question: “Will you be the attorney handling my case?” If that answer is a negative, then ask “Who will be?” and interview that lawyer before you make a hiring decision.

Meet your new lawyer, in the middle of your case.

When you work with your lawyer, you necessarily develop a rapport. You’ve talked about your case face-to-face. You’ve talked on the phone. You’ve received written correspondence. You’ve given detailed descriptions and provided supporting documents. You’ve emailed a hundred times. In all of those exchanges, your lawyer has watched your mannerisms, noted your frustrations, and observed subtleties in your gestures, voice, and tone. Your lawyer gets to know you, and understands the full context of your words.

There is probably nothing more frustrating than working with a family law attorney, developing a solid relationship of trust with good communication, and then have your case reassigned to a different attorney at the law firm. When reassigned to a junior lawyer, you may reasonably question the importance of your case to the law firm. You may feel that your divorce or child custody matter is not valuable enough to merit keeping a more experienced attorney on the case. Such concerns can only undermine your trust in the lawyer and the firm.

Choose your attorney carefully and, before you hire, take a good look at the attorney’s legal team.

You’ve taken the time to interview the family law attorney in person. You think hiring that attorney is in your best interests and will carry you from the beginning of your case to a favorable resolution. One last thing, though. Before you decide to hire, take a look at the qualifications of the entire legal team at the law firm, from partners, to associates, to paralegals. A favorable outcome in your case may depend upon it.

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, and domestic violence.

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