Although child custody laws vary depending on the state where the child resides, they all have the same goal. Such laws were created to protect the interests of the child after the marriage of his or her parents has been dissolved. The courts must decide which parent is best capable of providing a healthy, positive and nurturing environment in which the child can grow.

Instead of automatically favoring mothers or fathers, custody laws are designed to ensure that the child is placed with the parent who is considered by the local courts as the most suitable person to raise the child. In most cases, the parent who was the primary caregiver during the marriage is awarded custody of the child after the divorce. Laws regarding child custody address multiple considerations such as visitation rights, the child’s financial support, and physical and legal custody.

Understanding Physical Versus Legal Custody

Physical custody simply refers to where the child resides, while the parent who has legal custody is the party responsible for making decisions concerning the child’s life. In the case of joint custody, both parents are legal custodians of the child and typically both have equal authority when making decisions related to the child’s education, religious practices, medical care or other pertinent issues.

Child Support Laws

Child support payments are based on a variety of factors such as the income of the non-custodial parent and the amount of money needed to properly care for the child. This amount is determined through the use of guidelines that were established by the Child Support Enforcement Act of 1984. These guidelines also depend on the state in which the child and his or her custodial parent reside, as the cost of living and wages vary significantly from state to state.

Visitation

The laws regarding child custody also cover visitation issues. The parent who has sole custody of the child is typically ordered to work out a visitation schedule with his or her former partner and if this cannot be agreed upon, the court will create a schedule in order to ensure the non-custodial parent is allowed to spend time with his or her child. However, if there is a history of abuse concerning the non-custodial parent, supervised visitation will be ordered and the non-custodial parent will not be allowed to see the child alone.

As previously mentioned, the laws regarding child custody vary considerably from state to state, and each case is dealt with on an individual basis through the parents’ local court system. In order to gain a thorough understanding about the laws of a particular state, it is best to seek the advice of an attorney who specializes in child custody laws.

For more information on how to change child custody you can visit WinChildCustodyLaws.org

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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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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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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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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 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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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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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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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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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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