May 19, 2012

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Child Custody in Divorce Cases – Should You Make It A Fight?

March 20, 2012 By Leave a Comment

By James D Garrett -

Child custody issues are by far the most emotionally charged aspects of any divorce case. In no other area do the decisions made by you, by your spouse, or by the judge have a more lasting impact than those affecting the lives and future of your children. When faced with issues of child custody in your divorce, you need to consider the term “winning” and put that term in context. How do your goals interplay with what is in the best interest of your children?

Before deciding whether to proceed with litigation or to negotiate a child custody settlement, you should have an honest talk with your divorce attorney. You should first realize that, unless your spouse is an actual danger to your children, they are going to have a role to play in their lives. Barring documented occurrences of physical abuse, neglect or criminal activity, family court judges are not going to severely limit their involvement in your children’s lives.

It is best to make every effort to negotiate a custody and visitation schedule that both parties find to be fair. Even if you may not be entirely satisfied with the arrangement, the fact that you are reasonable and flexible will be rewarding in future dealings. Remember, your divorce ends your marriage, not your dealings, and certainly not your children’s dealings, with your spouse.

After a divorce is final, there are inevitably situations that arise later that require cooperation with your ex-spouse. Bitter child custody fights can lead the parties to have less of a chance to resolve those issues amicably. Right or wrong, judgments on issues such as proper courses of discipline, school behavior, and medical decisions can be clouded by feelings of resentment to a former spouse. Ex-spouses who have the feeling that you dealt fairly with them in the child custody case are far more likely to voluntarily contribute for unforeseen financial burdens or extracurricular activities.

Financially, you will be in a better position if you can negotiate a divorce settlement. A good divorce attorney is not defined by the cases where their clients “win”, but rather by the situations they can settle to everyone’s acceptance. Contested divorces, especially those dealing with child custody, are very expensive. Contested child custody cases are also the most likely to be set for rehearing at a later date due to non-compliance by one party, or a difference on opinion regarding the interpretation of a Court’s orders. Those later matters will be an additional financial burden for you to bear. Parties who show a willingness to negotiate a settlement are far less likely to have future contested issues, and if they do, they tend to resolve them without court action.

Finally, you should consider your children’s needs and how they will perceive the court proceedings. Many parents tell their children that they are only fighting for them. Well, that may be true, but children are affected by their parents arguing, whether it is in the family living room or in the court room. How will your child feel later in life if you seek to limit their contact with the other parent? How will the other parent talk about you in front of your children when you’re not around? How will this affect your child? Children raised by two loving parents who show respect toward each other are proven to better ready for adulthood. And that should be the goal of every parent.

James Garrett is a family law attorney in Virginia Beach, VA and the founding member of the Garrett Law Group, PLC. His practice focuses on criminal and traffic defense, divorce and child custody, and personal injury recovery law. If you have questions or comments regarding these matters, please contact him at (757) 422-4646 or at garrettlawgroup@yahoo.com for a free consultation regarding your case.

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Child Custody Laws for Single Parents

March 15, 2012 By Leave a Comment

By Amie Haskett -

Child custody is a very emotional subject and even more so for single parents who are not married. Custody battles can become very nasty when the father does not accept paternity, when unmarried parents do not live together or when a relationship comes to an end.

Child Custody Laws

We will focus on custody laws relating to mothers and fathers who have never been married to each other, with children born out of wedlock. Divorced couples may also be known as single parents, but the same laws do not always apply. As laws differ from country to country we cover general principles only. In the United States each state has its own. If you live elsewhere in the world, do an internet search for child custody laws applying to single parents.

The Rights of the Child

The basic principle remains the same for all child custody laws. The rights of the child come first. The United Nations Convention on the Rights of the Child specifies that in all legal matters, countries should act in the best interests of the child. Children of single parents have the same rights as children born in wedlock.

Children’s basic rights include:

  • The right to life
  • The right to a name and nationality
  • The right to be cared for by his or her parents
  • The right to have contact with both parents

The Rights of Single Parents

Child custody describes the legal relationship between a parent and child. This relationship involves both rights and responsibilities. Rights regarding custody for single parents could include:

  • both biological parents have automatic custody rights
  • the unmarried mother has automatic custody
  • the unmarried mother has to apply for custody
  • the unmarried father has to prove paternity before applying for custody even if his name appears on the birth certificate

Types of Child Custody

Most family courts support the idea of joint custody as children benefit from a strong and close relationship with both parents. Depending on the circumstances, different types of custody can be awarded to single parents

  • sole legal custody – one parent makes all the decisions
  • shared legal custody – both parents make the decisions
  • sole physical custody – the child lives with one parent, with the other having either unsupervised or supervised visitation rights
  • joint physical custody – the child spends more or less the same amount of time with each parent.

If the biological single parents are too young, or not considered fit to care for the child, the courts may award custody to a third party, such as a grandparent.

Evaluation tools for awarding custody

Courts do not use a fixed list of rules when awarding custody to single parents. A judge may consider the following factors or situations:

  • age of the child
  • best interests of the child
  • child’s preference
  • relationship between child and each parent
  • primary caregiver to date and impact on the child of any change
  • ability of the parent to provide a comfortable, stable and caring home
  • relationship between parents
  • parents’ preference
  • evidence of alcohol or drug abuse by either parent

Find out the custody laws for your state or country. Even if you are in a good relationship with the father or mother of your child, unmarried single parents living together should formalize all child custody issues.

For more information regarding single parents, visit us at www.singleparentcenter.net.

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The Family Court Abridges Constitutional Rights and Justice

March 14, 2012 By Leave a Comment

By Shane Flait -

Because our family courts are not setup to protect the rights of litigants but a so-called ‘higher good’, it’s ripe for distributing injustice and persecution – mostly to fathers and their children. This article explains why.

Thomas Jefferson stated that trial by such a jury is the only anchor yet known to man to hold the state to the principles of the constitution so as not to leave the protection of the individual solely up to the government or judicial elites.

It’s through the jury that ‘the people’ participate in the judicial process and rein in unconstitutional or unreasonable laws and judgments of the state. Without the protection of a jury trial, tyranny will surely reign.

*Our most fundamental rights are in jeopardy in family court for doing no wrong:

At stake are your right to parent your child, to control and choose your income and profession, your right to maintain your professional and driver’s licenses, your right to have or maintain your passport and travel as you see fit. These rights are guaranteed by the constitution.

*What about the ‘best interest of the child’ – isn’t that ‘a greater good’?

Greater goods are part of dictatorships and tyrannies. The greatest goods of republics are peoples’ constitutional rights which includes the protection of ‘due process’. Supreme Court case laws states that the ‘best interest of the child’ resides in a ‘fit’ parent – not the state.

*How are fundamental rights at stake?

Because if the family court judge assigns you to be the noncustodial parent, you lose your parenting rights to your children (i.e. to support them directly, live with them, and direct their lives) and then you’re forced by the court to pay the mother whatever the judge says – amounts that will impoverish most fathers. If you don’t pay regularly and pay it all, you’ll go to jail without a trial.

*What do you have to do wrong to be assigned the noncustodial status?

Nothing! Fit parents – overwhelmingly fathers – have their constitutional rights denied by judges assigning them as noncustodial parents.

The judge – as representative of the state – invokes his ‘illegal’ right to take away constitutional rights of fit fathers for the ‘best interests’ of the children. Best interest determinations are only to be invoked when there are no fit parents.

*The family court setup prevents protection of father’s constitutional rights:

The family court doesn’t allow a trial with a jury. It only permits ‘bench’ trial which means that the judge is both judge and jury for you. So you’re denied the protection of the people from the legal elites and special interest groups that feed off the injustice that the family courts produce.

*Why doesn’t the family court protect a father’s constitutional rights?

Because when you eliminate the natural protections – like a jury – you leave judicial elites in power. More power means a more corruptible system. That’s human nature.

The family court and its affiliates have seized on a ‘greater good’ excuse such as ‘best interest of the children’ and ‘safety of women’ to forego constitutional law and protections for fathers.

*Special interest groups influence on the family court setup and actions:

A host of legal and court-assisting persons and organizations have a strong financial interest in keeping the family court set-up as it is. They together can be called the Divorce and Domestic Violence Industry (the DDVI).

The DDVI is made up of the judges, lawyers, GALs, mothers/women, probation/family service officers, psychiatrists, sociologists, visitation centers, battered women’s shelters, the abuse industry, women’s advocates, the state’s department of revenue (DOR), the federal government’s child support enforcement division…and more! Let’s consider where some of these entities find their financial interest in the family court setup.

The DDVI have interest in:

* Setting larger child support orders.

Both the court and DOR/CSE(child support enforcement (agency)) receive federal incentive payments. Court-DOR (Department of Revenue) agreements send some DOR money to the Court systems. County jails make money by more inmates – who are court-created deadbeat dads.

* Making abuse allegations more easily allowed.

Visitation centers and lawyers benefit by this as well as do Battered Women shelters and Batterers Groups. Incidentally, battering is relatively rare; accusations are very common.

* Aggravating parental exchanges and unequal allotment of rights – as the court imposes.

This makes lots of money and job security for lawyers, family services officers, psychologists, GALS, parenting class coordinators, women’s groups, and affiliated VAWA organizations who receive some $5 Billion over 5 years.

The DDVI, taken together, is a powerful lobby and participant in the rule-making process. They’re not about to favor any change – however fair – that will undermine their positions, benefits, or money and power they’ve accumulated.

Shane Flait gives you the capability you need to fight for your rights. Get his FREE Downloads at http://www.FathersRightsLegalAid.com. Take his ecourse: How to Handle Your Family Court Case at http://www.FathersRightsLegalAid.com

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Child Custody State Laws – What You Should Know

March 9, 2012 By Leave a Comment

By Malcolm Louis Tabuyo -

Divorce can be a messy process, hurt feelings getting brought up, valuable possessions being argued over, and children caught in the middle. In the United States, child custody is taken seriously. The best interests of the child must always be kept at heart and put above all else. Child custody State laws in United States ensure that the correct parent is chosen to care and raise the child and protect custodial and non-custodial parents. Above all, the care and protection of the child is put first, and United States laws are strictly enforced to make sure every child is properly placed.

Arrangement for custody can be decided by the parents or not, though most reach a mutual consensus after litigation. Whether it is for sole custody or joint legal custody, the decision reached must be approved by the court before any finalization. Sole custody gives a parent the right to make decisions on behalf of the child; joint legal custody splits this right between both parents. Issues such as schooling, religion, extra-curricular activities, medical treatment and councilors are within rights of the parent with custody to choose for the child.

There are numerous factors that go into determining custody of a child. If a parent works long hours or if there are violence charges against the parents are what judges will take into consideration when choosing a suitable custodial parent. The chosen parent has an obligation to ensure the child’s health, education, and support, failure to uphold any of these are grounds to remove the child from custody, though non-custodial parents are also partially responsible for the child’s care as well, paying a percentage of their income in child support. A judge can remove a child from one parent’s care and place them in the custody of the other depending on whether any of the obligations are fulfilled or not.

Child custody state laws may also come into play with couples that are still married, but choose to live separate, possibly just before a divorce. The laws and obligations are the same, though several more factors are taken into consideration. Parents may share custody of the child, but in separate residences the quality of the home is checked, and the mental and physical health of both parents is evaluated as well.

Child custody State laws in United States is best summarized in the phrase, “In the best interests of the child” and there are no corners cut when it comes to a child’s welfare.

For more info on Child Custody State Laws visit

http://childcustodystatelaws.com

Malcolm Louis T.
Author and Webmaster of
http://childcustodystatelaws.com

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Family Lawyers Help Set Up Child Custody

March 6, 2012 By Leave a Comment

By Jon Nestorovic -

When you are involved in a divorce, it is an emotional time. When children are involved it becomes an even more emotional process. Of course both parents think that they are the best parent to raise their children. Trying to sort out child custody and child support can often be the most difficult part of a divorce.

Child custody decisions are the most common cause of arguments during a divorce proceeding. Your divorce lawyer, or family lawyer, should be able to help you work through this facet of the divorce. In some cases such as ones involving child abuse or neglect it is easy to determine which parent should receive custody of minor children. However, in many cases child endangerment is not an issue. There are four main types of child custody; physical custody, legal custody, joint custody, and sole custody. It is important that you speak with your family lawyer about what type of custody you should file for.

Physical custody means that the child lives with you. They may still have visitation with the other parent, but for the majority of the time they live in your home.

Legal custody involves their care, education, medical requirements and religious beliefs. In many cases even when one parent has physical custody the legal custody of the child is set as joint. This means that both parents have a say in these things. This can create problems if the parents did not part on good terms.

Joint custody is when both parents get to spend equal amounts of time with their child. This works best when both parents live close to each other. It reduces the disruption in the child’s normal routine. If the parents live far apart and the child has to spend 6 months with one and 6 months with the other, this is disrupting for them. They have to make new friends and attend new schools, get used to being in another city or town. This can be very difficult for the child involved.

Sole custody means that one parent has full custody of the child or children. This can be sole physical or sole legal custody. Most judges will give sole physical custody to one parent if the other parent has been found unfit. This could be because of alcoholism, a drug abuse problem, or child abuse; this type of custody could also be granted if the other parent cannot provide a safe living condition for the child. This could still result in the other parent being able to arrange supervised visitation with their child. Most judges try not to give both sole physical and sole legal custody to one parent.

A Family Lawyer will be able to help you determine if you have grounds to try for sole custody of your child or children. They can help you acquire the documentation you may need for this type of custody.

If you are considering a divorce you need a Family lawyer Mississauga to represent you. Contact us at Familylawyersmississauga.ca We are a Canadian based Family Law Firm.

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A Child Custody Attorney Can Help

March 2, 2012 By Leave a Comment

By Abraham Avotina -

You can try to navigate through the murky waters of the legal system yourself, but you would be much better off with a lawyer, who can guide you through the whole process and help you win your case. If you find yourself in a guardianship dispute, it is important that you locate a reputable child custody attorney to represent you and your kid’s best interests.

The key to finding a great child custody attorney is to look for one that has a proven success record. A quality lawyer does not have to be one that is very expensive; there are plenty of affordable custody lawyers that are available to represent you. You just have to be able to find them. Now that you know that a lawyer is not expensive, there is no reason for you to leave yourself and your children underrepresented in court.

In guardianship disputes, there is more at stake than who is going to retain guardianship of the kids. There is also the issue of visitation rights and support payments. These both play a major factor in the quality of life of your kid. When it comes to matters of divorce and ex-spouses, the lines of communication tend to breakdown and make it almost impossible for both parties to agree on what is needed for the children. Your lawyer will help to keep negotiations peaceful and productive.

There are several things can affect the outcome of your case. Finances, home life, and several other issues may come up that may interfere with you getting the judgment you want. You do not want to tackle any legal battle alone without proper legal representation. You need a child custody attorney to take an in-depth look at your case and determine the appropriate course of action. When it comes to getting an order for support payments, if you do not have a lawyer on your side, the chances of you getting the amount you are seeking dwindle considerably. A lawyer will get you the maximum amount of support payments needed to take care of your children.

When you are looking for a lawyer, go to any consultations that they may provide. Many lawyers offer free consultations so that they have a chance to hear your case and determine if working together is something you both want to do. A great lawyer is one who is genuinely concerned about your case and will take a very active approach in helping you. If you find that a lawyer you are considering hiring is dismissive or seems to be very nonchalant about your case, you may want to find different representation. You want someone that is knowledgeable, experienced, and has the proper credentials.

A good lawyer is also not going to cause you to go into debt so that you can hire them. If you are involved in a guardianship dispute, it is very likely that you are not looking to get rich and you are not able to pay an exorbitant amount of money to win your case. A good attorney is very affordable and able to help you get the results you want.

If you want to win your case and move on with your life, hire a child custody attorney for your case.

Searching for a child custody attorney Lowell MA? Look no further than: http://www.rerogerslaw.com.

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Issues of Child Custody

February 28, 2012 By Leave a Comment

By Sharon L Tate -

The parent who is granted physical custody of the children will live with the children and provide for all the children’s daily needs. That parent is responsible for basic needs, such as food, clothing, and transportation. The parent who is granted legal custody is given the responsibility to make all the major decisions that will significantly impact the child’s life. These decisions involve issues of education, health, religion, or any other significant matter. When deciding issues of child custody, the parents must decide who will have physical custody and who will have legal custody. Of course, one parent may be granted sole custody, in which case he or she would have total custody of the children. Another arrangement is called joint custody, in which the parents equally share both custodies (physical and legal) of the children or share either physical or legal. The parent who does not have physical custody of the children is granted visitation rights. Under the orders outline by the court, that parent is allowed to see the children under certain circumstances and in specified locations. The child may be allowed to spend weekends or overnights with the parent, but the child may not move in with the parent.

There are many different arrangements that are available to the parents, and if they cannot decide on their own, the court will step in and decide what is in the best interests of the children. Sometimes, when parents cannot come to a mutually satisfactory agreement, they hire a mediator-a neutral third party who helps to negotiate decisions. The mediator is not allowed to side with one parent or the other; on the contrary, the mediator is required to provide helpful information and guidelines for the parents so that they can come to the best possible solution. Mediation can be helpful when a decision must be made but the parents cannot agree together on what the appropriate outcome should be.

The parent who does not have custody of the children is often obliged to pay child support to the other parent. The resources from the child support are to be strictly used for the needs that are incurred with the raising of the children, and the custodial parent may not use the money or resources for any other reason. If you are a parent and are currently going through a divorce, it is essential that you find a trustworthy and experienced family law attorney. Developing a satisfactory parenting plan is important because it is tedious and sometimes fruitless to try to change it later on. The court is often reluctant to change divorce orders unless concrete evidence is given that the changes are in the best interests of the children. This can be hard to come up with, and if the court does not see the significance, no change will be allowed.

These same rules apply when parents are seeking a legal separation instead of a divorce. Many of the same decisions must be made regarding child custody. The only difference between legal separation and divorce is that after a legal separation, the couple is still legally married. Therefore, they must still choose which spouse will have custody of the children and which will have visitation rights.

The Law Office of Sharon L. Tate has a respectable reputation because Ms. Tate cares about each of her clients; her respectable reputation is well-earned, and it speaks for itself. She is a reliable and experienced family law attorney who serves clients in Phoenix, Arizona. She treats each client as an individual and cares about the outcome of each case. Ms. Tate has 14 years of experience in family law and is prepared to take on your case. She has experience both as a tutor and has edited documents for Law Review. She taught law classes at the college level and enjoys researching issues that involve law. She has a particular interest in family law cases and wants to help her clients pursue the outcome that is in their best interests.

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Divorce Advice for Fathers on Child Custody

February 23, 2012 By Leave a Comment

By Evan Lebough -

A lot of fathers, when going through a divorce, feel powerless when it comes to obtaining custody of their children. Courts often award custody to mothers in such cases, although it’s not unheard of for the husband in a divorce to get custody of the children. The best thing you can do in these cases is to hire a family law attorney who has helped other men in these fights. Then make sure you understand the process and the factors the court will determine when making its decision.

Listen to any instructions given to you by your attorney, but keep in mind that you should keep your composure throughout the process. If you come across as hostile or aggressive, you’ll likely end up hurting your chances in court. Be as civil as possible in these cases, and demonstrate that you’re a good father by acting as such. Yelling and screaming, or making sarcastic comments won’t help you. In fact, the other side may even try to get you to come across as mean and aggressive. Be aware of this, and avoid falling into that trap. You’ll probably feel some anger at times, but know that most people feel the same way and that if you control yourself you’ll probably be better off.

Simply understanding the factors used by the court to determine who will receive child custody is beneficial to fathers hoping to beat the odds. In essence, the court will act in the best interests of the child. The court might consider the relationship of each parent with the child, acting on the belief that it would be in the best interest of the child if he or she lives with the parent with whom they have a closer relationship. The ability of each parent to support the child is also a factor, although the non-custodial parent will also chip in by paying child support.

Whether you end up the custodial or non-custodial parent, make sure that everything involved in your custody and divorce arrangement is in writing and approved by court order. Do not rely on verbal agreements; you may have a good meeting or two with your ex-wife, but varying factors may throw a wrench into whatever arrangement you worked out, and without an order you may find yourself on the short end of the stick and unable to enforce the agreement. Do your best to maintain a good relationship with the child’s mother, but remember to get everything in writing.

Evan writes on legal matters and truly believes a spouse, or former spouse, 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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Child Custody Information That Can Affect A Child Custody Award

February 15, 2012 By Leave a Comment

By Lexor Emman -

Child custody information is critical in the event of a divorce involving children, as complete understanding of this information offers the best assurance that the desired custody is awarded. Although laws can vary from state to the state, the ultimate goal is to ensure that the custody award is in best interest of the children. For the courts, this means taking into consideration a number of factors beyond the financial stability of either parent. These factors are also the main reason that an attorney may be recommended.

A vast amount of child custody information is available on the Internet, including the points that can affect the decision of the court. This includes the age of a child, as particularly young children are most often put into the custody of their primary caregiver, while older children are likely to be awarded to the parent most able to provide stability in regards to education, peer groups, and religion. The preference of the child is also taken into consideration with older children, although this usually means those above the age of 12.

Awareness of the types of custody is another valuable part of child custody information, especially considering that there is a difference between physical and legal custody. A parent granted legal custody. for example, retains the right to be a part of the decision-making process in regards to raising a child, even if they do not share joint physical custody. This is done to ensure that both parents are involved in the raising of their children, and it is the primary reason that sole physical and sole legal custody is rarely granted simultaneously to either of the parents.

An attorney is often recommended when a parent decides to make a case for custody, and many specialize in child custody information. Attorneys can also help create a Parenting Agreement that outlines the specific allowances and limitations for both sides of the discussion. Attorney fees will amount to an additional expense, but the assurance that all issues are addressed to the satisfaction of the court can make their services well worth their fee.

Full understanding of all aspects of child custody information can greatly increase the chance that custody will be awarded as desired. Although an abundance of relevant information can be found on the Internet, an attorney is often recommended to ensure that all areas of concern are addressed. This includes both the type of custody and the specifics of a Parental Agreement that will affect both parties. While the services of an attorney will require a fee, the assistance in wading through the particulars of child custody information can make the fee a worthy investment in a child.

If you want to know more child custody information please visit WinChildCustodyLaws.org

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Understanding Child Custody Law

February 7, 2012 By Leave a Comment

By Lexor Emman -

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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