Family Court - Being Prepared For Your Child Custody Case

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Domestic Violence and Child Custody - 3 Reasons She is a Ranting, Raving Battered Woman

By Dr. Jeanne King, Ph.D.

Battered women in family court typically present in a way that supports the agenda of their opposition. They are emotional, unstable, personally challenged and often out of sorts with themselves and their circumstances. And the more out of balance they appear, the better for their opposition. The important question is, why does she present this way? Here are three of the most obvious reasons battered women present themselves unfavorably in their divorce proceedings.

1) The safety of her children is at risk and she knows it. Children of batterers are more likely to also be victims of battering, than not. Unfortunately, the abuse to these children doesn’t stop just because divorce is underway and civil court is looking in. To the contrary, children of domestic violence divorce are the carrots to perpetuate abuse to protective parents. And in so doing, the children become the greatest casualties of family court violence.

2) Her personal, parental and civil rights are being, or are threatening to be, violated as a by-product of her divorce proceedings. Her voice is muffled and her case often not put forth before the court accurately, completely and in some case at all. She feels betrayed by those she has entrusted to help her and her children. Further, she sees herself at a loss as to how to change the ugly status quo.

3) She is being tormented with the prospect of further violations to herself and to her children. Sadly, this threat is often tied to her heroic efforts to protect herself and her children. Or, it is tied to-though without cause-her mere coming out with the abuse to herself and to her children. She knows she’s being punished for revealing the family skeletons…the family violence. She feels impotent in getting remedy for her disclosures and perceives a life sentence of abuse on the horizon.

If you are a domestic abuse survivor in family court, you will want to do all you can to understand the dynamics in play and build your strategy accordingly. You are in the fight of your life, so proceed wisely.

For more information on   abuse and divorce, visit http://www.PreventAbusiveRelationships.com/legal_domestic_abuse.php Dr. Jeanne king, Ph.D. helps people prevent abuse at home and in divorce court. Copyright 2009 Jeanne King, Ph.D.

Dr. Jeanne King, Ph.D. Domestic Violence Prevention and Intervention

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Legal Domestic Abuse - Is the Family Court System Supposed to Be Just and Fair?

By Dr. Jeanne King, Ph.D. -

I often hear domestic violence survivors hollering that the family court system is not being just and fair. They say, it is supposed to be just and fair yet, it isn’t.

My question is, “Is that true?” I’m not sure if the word “fair” is relevant here.

What Is Before the Court

You see the family court system is really about adjudicating on what’s before the court. And what’s before the court is more a matter of what the attorneys put before the court, that is, what they put in front of the judge.

So, if you are scratching your head or tearing your hair out over what’s just and fair, I recommend that you consider what’s before the court.

It’s your business to carefully monitor whether your case is being put before the court in a way that represents your best interest. And if it is not, it is your responsibility to do something about it.

It is not the court’s responsibility to make sure your position is properly represented. Rather, the court’s job is merely to pass judgment on what is before the judge.

Being Proactive to Create Justice

Now, it is true that battered women often get the raw end of the deal in family court. It is also true that one of the reasons for this is because they are not knowledgeable on how to get their case before the court.

And sadly, as is typically the case, their counsel reflexively operates according to the financial politics of the case. You may think it is cold and cruel that finances govern the operation of the legal judicial system; but let’s face it, attorneys are paid court agents. They are not free public servants, at least not in divorce court.

If you are a domestic violence survivor and protective parent in a custody or divorce matter, be mindful of the influence and control you could have by getting your case before the court.

For more information about   legal abuse and divorce, visit http://www.preventabusiverelationships.com/legal_domestic_abuse.php and claim your Free Instant Access to Survivor Success eInsights. Psychologist Dr. Jeanne King, Ph.D. helps domestic abuse survivors prevent abuse in divorce and custody cases nationwide. Copyright 2009 Jeanne King, Ph.D.

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Divorced Dads Tips - Winning in Family Court Requires Clarity

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.

Winning in Family Court Requires Clarity, especially when you are a divorced dad.

The first step to winning in is to clarify and define your goals. If you don’t define your goals, someone else will, and you could end up with results that you probably won’t be happy with. Remember this: Your child needs you more than ever. Being a winner means making peace for your kids, even when it hurts. So, plan with your end result in mind.  You do have options and you do have rights.

The words Fathers’ rights are not dirty words. Fathers are natural protectors of their children. Men can be good parents, and they have a right to be treated as good parents in the court system. But you have to act that way. People are not what they say, they are what they do.

I have seen really good men and women who struggle to be the best parents they can be under the difficult circumstances of separation, divorce and the costs of enormous legal fees in Family Court. And I’ve seen plenty who can’t afford a lawyer.

But ask yourself no matter what gender you are - don’t you want to be with your child? Haven’t we raised the awareness of equality issues to a point where young boys who grew up in the last four decades expect equal treatment? Fathers, once they enter into Family Court, are under constant assault. You need a new set of skills to deal with these problems.

For example, men fail to recognize that when a woman makes the decision to go to Family Court, she didn’t make it overnight. Usually, she has made it over a long period of time.

The unfortunate ugly truth is this: When you’re a man served with Family Court papers, you’re soon to be ex is not “your best friend” nor does she need to be rescued from her perspective. If you don’t understand that and you try to “rescue her, you could find yourself facing a restraining order.

Find some people who have already been where you are who can explain things to you, who can mentor you, guide you, and coach you. And who have found REALLY GOOD lawyers.

Your children deserve a family at peace. As parents it is your job to provide that. Your child has the right to your love and protection. But also recognize that justice begins in your heart, mind and soul. It’s not often found at the end of a Family Court judge’s gavel. Sadly, litigation is part of the equation…

Never let anyone tell you that you are no longer a parent to your child because you’re a Dad. The most important part of finding your direction is to find out where you are so that you can begin to move forward.

Be observant enough to recognize when things are going poorly in your relationship with your child’s mother. Get the help necessary to plan an exit strategy well before Mom out maneuvers you to your child’s great disadvantage. Act with Clarity; Begin with the end result in mind.

Learn how to wage peace on behalf of your child during great provocation. It’s an easier skill to acquire when you don’t deny the reality of your situation. Accept that you have rights too.

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.

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

Family Courts Give Fathers No Protection For Their Rights and Assets - Just Tyranny

By Shane Flait -

Divorce and paternity lawsuits have sky-rocketed over the last 40 years. Divorces rates are now at 40% to 50%. These suits produce immeasurable damage to litigants (mostly fathers), their children, their productivity, their assets and their futures.

It’s wholly uncalled for except for benefits that a mega billion dollar divorce/domestic violence and child support industry receives at the expense of fathers by promulgating unconstitutional denial of their most fundamental rights. This article explains why fathers find no protection for themselves, their children and their assets.

What makes these suits unique among all legal actions is that many fundamental rights are at stake and will be lost by one of the child’s parent - overwhelmingly the father - but no wrong has to be proven.

I’ve never seen such utter damage, maliciousness, and financial destruction as when the ‘family court’ takes over a man’s life. It’s a kidnap followed by extortion scheme couched in the aura of legality. These suits and their resulting unfairness to fathers - and their children - represent the control and tyranny that government can easily impose on individuals while putting out propaganda representing the opposite of what’s really taking place.

Here’s what you need to know:

‘Family’ courts decide divorce and paternity lawsuits. Such cases involve fundamental rights upheld by the constitution. These rights are:

* the right to directly care for and parent your own child
* the right to earn and work as you wish,
* the right to be treated equally to all others -both mothers and fathers - and, lastly
* the right to be tried under constitutional due process (including a jury of your peers) when your fundamental rights are at stake.

But ‘Family’ courts ignore constitutional due process and, therefore, routinely deny all these fundamental rights to one parent - overwhelmingly the father - for doing nothing wrong.

With no evidence of parental unfitness and based almost solely on any accusation or characterization that the mother makes against the father, the father will lose parental control over his child(ren) and most or all of his assets. The state effectively kidnaps his children no matter how much he wants to directly care for and support his own children.

Then, for having kidnapped his children, the state orders him to pay child support - a euphemism for extortion - at a level which leaves him impoverished or nearly so, and limits his ability to work as he wishes. If he doesn’t pay it all, he’ll be put in jail also without due process - only an accusation that he can pay.

Just so you know: If you can take a fundamental right or freedom from someone with no or little wrong done - and without proof, then he doesn’t have that right or freedom to begin with.

That’s why criminal courts require proof ‘beyond a reasonable doubt’ that a law was broken; and why superior courts for civil cases where a fundamental right is in jeopardy, requires ‘clear and convincing’ evidence that a sufficient wrong or condition justifies it. Such high levels of proof guard our rights from unfair denials.

Our perverse family court system is this tyranny’s wedge.

And what propaganda is put out by the government and all its affiliates relying on the unfairness of the family court system?

You’ve heard it: Fathers don’t want to be responsible, don’t want to support their children by paying the child support and are generally abusive in one way or another.

You’ve probably wondered how such men exist - since you’re such a decent person. Stop wondering. It’s propaganda and it’s false. It’s what all tyrannies do when they deny rights.

But why is it out there?

It’s there because this massive industry fosters the denial of fathers’ fundamental rights for fees, profits and child extortion payments to the tune of a hundred billion dollars-a-year. It would come to a screaming halt if the sex-based outcome was equal. It’s why women file for divorce at least 80% of the time and get full physical custody of the children more often than that.

Asset Protection under a Governmental Tyranny against Fathers

As a man, you must consider the very real possibility that you’ll end up divorced or with a paternity suit that leaves you a slave with no rights - and very little assets.

What should a potential father do?

I think he should do four things:

* Understand how the law should protect his constitutional rights. This is what this republic was formed to do. It’s not for you or your child(ren)!
* Learn asset protection strategies to safeguard some assets against the high probability of an unfair divorce or paternity suit.
* Demand at least equal physical and legal custody of children - perhaps alternating weekly - as an outcome to a divorce or paternity suits.
* Learn to fight in court.

Shane Flait gives you the capability you need to fight for your rights.

Get his FREE eCourse at <a target=”_new” href=”http://fathersrightslegalaid.com/”>http://fathersrightslegalaid.com/</A>

Read his eBook: ‘Wise Way to Financial Independence’ =>
http://sovereignu.com/

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

Child Custody Proceedings & Conflicting Court Powers

By Jon Alexander -

In today’s article we will begin to delve into the intricacies of child custody proceedings and the types of courts that issue custody orders. There are a number of custody proceedings pursuant to the Family Code including dissolution, Uniform Parentage Act [unmarried people], Domestic Violence Prevention Act or “DVPA” which involves assigning custody in domestic violence situations and proceedings under the Uniform Child Custody and Jurisdiction Act or “UCCJEA”.

Custody also comes into play under the Probate Code, in adoption matters, in juvenile court (”JC” or “JV court”) and paternity cases. A Probate court has the power, in the context of a guardianship proceeding, to assign custody. Likewise, a JC has the authority to make custody orders regarding minors in dependency court.

In fact, there is inherent conflict between some of these sources of power. For example, JV courts are given priority over family law courts when it comes to venue (that is, which court should hear or have jurisdiction over a custody dispute). Family courts will win the venue battle. If a divorce has inflicted such strain on a minor to warrant the JV court’s involvement, the JC will have exclusive jurisdiction.

The JC will tender its decision, called an exit order that becomes a family court order. If there is no current family law court case file, a case will be opened and this exit order will be the first issued order in the new file.

JCs can issue orders that a family law court does not have the authority to make. For example, a JV court may order therapy and progress reports based thereon. A family court may not order therapy and may only order limited counseling (to last not more than 1 year). An important side note is that while the family court may not make an order for therapy it does have the power to modify these exit orders issued by a JV court. JV courts, however, may retain jurisdiction and overrule any preexisting family court orders because a JC has exclusive jurisdiction once the case is in the JV court proceedings.

But once the JC makes its orders and closes its case it cannot make its orders non-modifiable. At that point, once the exit orders are issued and the juvenile case is closed, a family law court may step in and modify the orders. If the JV court wishes to maintain control and jurisdiction it has to keep its case open.

Before You Hire The Wrong Attorney For Your Divorce Proceeding Retain An Aggressive, Qualified [http://www.oc-familylawyers.com]Orange County Divorce Lawyer contact us today! Visit Us Now And save 25% on legal fees! Powered by Orange County Divorce Attorney. My name is Jon D. Alexander, Esq. and I am an Orange County California Divorce lawyer. This article is the third in a series outlining the divorce process in California. Please be aware that this article is not intended as and should not be relied upon as legal advice or as the creation of an attorney-client relationship.

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Following Your Divorce

By Annie O’Neill -

Following your divorce you need to go through a ‘grieving’ process.  Your ex may not have died but the marriage has and you need some time to adjust.    Several of the people I spoke to found it hard to adjust to being single again.

The following are some tips for helping you to adjust and move on.

Work out what went wrong in your previous marriage.  The break up of a marriage is rarely completely one-sided.  Be completely honest with yourself and own up to the mistakes you made. You can learn from these mistakes and ensure you don’t repeat them when you embark on a new relationship.

Don’t rush into another relationship.  ‘Rebound’ relationships are almost always doomed to failure.  Before you can love another person you need to learn to love yourself.

Start with the outside – how you feel reflects in the way you look.  Pamper yourself with a new hairstyle and/or colour (most hairdressers will spend time discussing styles if you let them know you want this when you book), get your colours done, buy a new outfit (use a personal shopper to experiment with new looks – many large stores offer this as a free service).

Learn something new.  Take up a new hobby, learn a new skill, continue your education.  You will meet new people with whom you automatically have something in common.

Don’t develop a ‘victim’ mentality.  Feelings of anger and bitterness are not helpful to you.  Let them go.  Writing your feelings down can help.  Sonia, whose marriage broke up after seven years together, kept a journal; she found that writing her feelings down and reading them back later helped her deal with her emotions.  Ros found that writing letters to her ex, expressing her feelings helped.  She never sent the letters but they helped her to get her feelings off her chest.

Read positive/self-help books.   My clients and people I spoke to in my research have said that the following books helped them.  Feel the Fear and do it anyway – Susan Jeffers, Growing through Divorce – Jim Smoke, Coming Apart – Daphne Rose Kingman, Positive Affirmations – Louise Hay, Women who love too much – Robin Norwood, Men who hate women and the women who love them – Dr Susan Forward.

All the people I spoke to agreed it took time before they were ready to start dating again.  The average seems to be two years.  Two of the people I spoke to said that since their divorces they have met their ‘soul mate’ but this did not happen in either case until they had learnt to love themselves.

Nicola was 31 when her marriage broke down after eight years, she met her new partner 18 months later.  Although she was ‘mad about him’ she had difficulty committing to a relationship because she met him just as she was starting to enjoy being single.  She says I remember thinking “why now – I’m just beginning to have a life I own”.

This just goes to prove that when we are enjoying our lives we attract people to us.  People like people who are confident, positive and happy.

For those of you who have only recently separated/divorced then please believe that you will move on.  Life does go on and, in fact, often gets better.  The biggest hurdle is learning to look after and love yourself.  Start today by setting yourself one small goal – something that you can achieve easily and within a week.  When you have achieved it celebrate and set yourself another goal.  Before you know it you will be living a life you love.

‘Ten Secrets to a Successful Divorce’ is a practical step-by-step guide designed to help you to start redesigning your life right away. And it’s yours free just for visiting my website - http://www.newhorizons-divorcecoaching.co.uk

If you found this article helpful you might like to visit http://newhorizons-divorcecoaching.blogspot.com/ where you will find more free articles to help you start transforming your life today.

I am a qualified Divorce Coach and NLP Practioner.  I can work with you to redesign your life after divorce.

I have been divorced and widowed. I understand the emotions associated with being on your own after being in a long-term relationship. I have had to reinvent my life on two occasions and am proof that it can be done. I am now self-employed, with a job that I love. I am also married again, very happily.

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Mum, I’m Having a Baby

By Wendy Streater -

These can be the most rewarding and exciting words you can hear from your child but sometimes these words can come as a surprise. The best thing you can do is support your child.

If the news is an unexpected surprise, your child is probably a little worried about your reaction and will really need your reassurance now.

Even if it’s an anxiously awaited announcement, your child will probably be a little scared about their new responsibilities. It is pretty scary suddenly finding you are about to be a parent for the first time. Remember your own concerns. They turned out to be mostly unfounded but it is normal to be a little worried. Your child and their partner will need a lot of quiet support and maybe the occasional piece of advice.

The first thing to do, after you have congratulated them of course, is to find out if they want you to tell anyone. Some couples like to wait until the mother is starting to show before they announce the happy event. Some just want immediate family to know. Some couples would be insulted if you didn’t announce it to the world. Find out what they want and please abide by their wishes. They will be upset if you don’t and now is not the time to cause friction in the family.

Be happy for the expectant couple and don’t worry yourself or them with talk of finances, buying a house or anything like that. They are adults and have to work it out for themselves. The best thing you can do for them is to let them know you are there if they need you. If they come to you for advice, tell them what you would do and let them know you won’t be offended if they choose another path.

You might want to find out if they want gifts. Some new parents are happy to receive clothes, toys and furniture, while some prefer to buy their own. If you wish to make large purchases like furniture, it might be a good idea to find out if they have a particular decorating plan. Some young parents accept gifts to be polite but would prefer another style or colour while some will tell you straight out they want a different style. To save embarrassment or offence it is safer to ask. A gift registry is a good solution for some.

The most important thing is to enjoy yourself. It’s not every day you get to be a grandparent for the first time. By the way, do you want to be Granny, Grandma or Nanna?

Wendy Streater is about to become a Grandmother. Her site http://www.newgranny.info is devoted to new grandparents everywhere. Visit the site for ideas or advice and feel free to add advice, ideas or information of your own to the blog page http://www.newgranny.info/blog

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Preparing For Custody Court - Advice About Custody Evaluations

By Caleb Jonsun -

A child custody evaluation is a popular tool among family courts deciding divorce cases involving accusations of child abuse, neglect or domestic violence. A psychologist can provide the court with useful, precise and impartial information that could lead the court to decide one way or the other when making a child custody decision. Child custody evaluations are like the “eyes” of the court.

For ages, our legal system has referred to science to get a complete understanding on any particular subject in debate. Psychology has proven to be a valuable tool when considering the impact of certain situations in human behavior. The information expertly gathered through a child custody evaluation can provide the court with a new perspective in a divorce case. This information can increase the chances of a fair determination.

It is the principal objective of a custody evaluation to assist the court in determining what the child’s best interests are. Parents may have the best intentions when in a custody dispute. A psychological study will reveal which parent is best fit to provide for that particular child’s needs. The evaluation will consider each parent’s capacity to provide a stable and loving home, the ability to plan for the child’s future needs and the parent’s general conduct.

A psychologist is a professional expert. As such, he is trained in the areas of child and family development, child and family psychopathology, and the impact of divorce on children. Competent psychologists are prepared to participate in child custody evaluations because they are familiar with the state laws regarding child abuse, neglect, and family violence.

When conducting a child custody evaluation, a psychologist generally uses multiple methods of data gathering, including interviews, observation, and psychological assessments. The psychologist may review relevant reports from schools, health care providers, child care providers, agencies, and institutions. They may also interview extended family, friends, and other individuals when the information is likely to be useful.

Once the evaluation is concluded, the psychologist will prepare a report containing his findings and recommendations. These recommendations should be derived from sound psychological data and inferences based on professional standards, not on personal preferences or prejudices. The psychologist is not going to decide the case, the court will. However, the psychologist’s recommendations are very much taken into consideration by the courts. Copies of the report are then distributed among the attorneys for each party. The psychologist must be prepared in case he or she is called to testify in court about anything in his report.

If there is a dispute regarding the results of the custody evaluation, the attorneys of both parties, will have a chance to interrogate the psychologist.  But ultimately, it will be the judge who is going to decide what in the best interest of the child in that particular case.

Get the child custody advice you need for your case and find out how to prepare for custody court.

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What Does a Family Law Attorney Do?

By Justin DiMateo -

A family law attorney can help any family with the various problems that arise throughout the lifetime of a family. Those problems can be divorce, child custody, child support, child visitation, domestic violence, marital assets, spousal support, restraining orders and much more. A family is the foundation of the United States and sometimes families just don’t get along and need to split up.

Divorce is defined as the ending of a marriage in the presence of a court to the extent that the man and woman are no longer legally bound to each other by the same last name. A divorce is not legal unless it is certified by the court and in some jurisdictions of the country, one party or the other must prove fault in the divorce case. A family law attorney can help with divorce proceedings. Going through a divorce can be physically and emotionally draining for everyone involved, including the children, if there are any.

Divorce involves more than just the division of debt and the distribution of property between the two people involved. Divorce also involves deciding on child custody, visitation rights, child support and spousal support. All of this can be done with the help of a family law attorney. Going through a divorce without the helping hand of a lawyer can be a daunting task and can be ultimately impossible to obtain success. The lawyer will be able to help his or her client in regards to what decisions need to be made.

Child custody is one of the most disheartening battles during a divorce because the husband and wife will use different methods of making the other look unfit to care for the children. Many people make up stories of physical and emotional abuse to tell the judge in a child custody battle. This is when a lawyer would be needed. A lawyer can help the person being accused of these horrible actions get through the allegations and present their case in an appropriate manner.

Child and spousal support are not one in the same. Child support is payments that must be made by one half of the couple in a divorce case to the other half of the couple. Child support is to be used for the child’s education, clothing, food, school supplies, medical bills for the child and any other necessities that the child needs to live by. Spousal support on the other hand is payments made to one spouse by the other after a divorce case has been completed. Spousal support goes towards medical bills, legal bills, food, clothing, transportation needs and much more.

If the person who is supposed to be sending the payments refuses to do so or forgets to send them they can be fined by the court or can even face time in jail. A family law attorney will be able to help the party involved in the divorce case receive their payments of spousal support or child support if they are not coming through regularly. All matters involving family law can be resolved with the help of an attorney.

For more information on the process for a Divorce in Riverside or to schedule a consultation for a Uncontested Divorce in California visit the offices of Diefer Law Group

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

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