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Factors Affecting Child Custody in a Divorce

July 26, 2010 By Leave a Comment

By Christina Cole -

When a couple is divorcing one of the main concerns that they face is what will happen to the children. Divorce affects children in many ways, emotionally, financially and physically. Parents can ensure their children’s well being with a parenting plan. For example in the state of Tennessee, the court will decide a parenting plan that is beneficial to all parties involved, but the main concern of the court is the welfare of the child or children. A lawyer that is experienced in family law can be of great benefit to you and your child to make sure your rights and your child’s welfare are represented fairly.

There are many factors that go into the formation of a parenting plan. The relationship of the child and the parents is one of the main factors. The judge will take into consideration the emotional ties that each parent has with the child and how these ties affect the child’s emotional well being and development. If the child is old enough, the judge will speak to them directly to determine which parent the child feels closest to. The judge may issue an order for a social worker to visit the home to determine the family dynamics and recommend which parent should be the primary caregiver.

The income of each parent and the stability of their job is another factor. The judge will look at how long each parent has held their current job and their work history. The court must ensure that the child will have adequate resources to live. If the judge feels that the parent who has the least amount of income or no income should be the primary caregiver, he may order child support to be paid. The terms of child support are specified in the divorce decree and parenting plan.

The primary caregiver for the child must either have transportation or be able to provide adequate transportation for the child. This is important so that the child will be able to attend school, go to the needed medical appointments and so that the health and welfare of the child can be maintained. Another item that will be determined by a parenting plan is health care. One of the parents must provide health insurance for the child. If neither parent is able to do this, the child can obtain state funded health care such as Medicaid.

All of these factors and others determine who will be the primary caregiver. Visitation rights and a visitation schedule are drawn up as part of the parenting plan. If either parent wishes to change any part of the parenting plan, he or she must appear before the judge and request such a change. It is advisable for you to have the services of a qualified and experienced attorney to represent you while you are going through a divorce and determining your child’s custody. Your rights and your child’s rights need to be represented during this difficult and emotional time. Finding the right lawyer can help to ease some of the worry and ensure that your child’s best interests are met.

Christina

Elizabethon Attorney
Johnson City Lawyer

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Denial of Rights to Represent Yourself Properly is a Violation of the 14th Amendment

July 22, 2010 By Leave a Comment

By Dennis Gac

If you’re going it alone in your divorce case, your child custody case, or your child support order or modification, it is essential that you know and understand your basic rights when it pertains to federal and state laws. When going to court pro se, you have the right to represent yourself properly in the court system. If you are denied this chance, the courts are in violation of the 14th Amendment. By properly addressing the issue and showing the courts that you are aware of your rights as a US citizen, you may in turn cause the case to do a complete 180 and suddenly be in your favor, and not in your ex-wife’s.

If a Judge denies you the opportunity to bring forth and present evidence to help your case, or denies you the chance to present affidavits that are crucial to your case, you can nab them on the fact that they denied “substantive due process rights” and that they are in violation of “due process and equal protection clauses of the Fourteenth Amendment and 42 USC 1983.”

By utilizing the 14th Amendment in your favor, you will show your Judge that you know your rights as a United States citizen and that you are aware of due process law and protection. Including and fighting for your right to appeal by bringing up your 14th Amendment rights, you should not be denied the opportunity to fairly represent yourself, whether it be in regards to presenting evidence, affidavits, or anything else that has the opportunity to turn the case around in any party’s favor.

Dennis Gac is widely known as “The World’s premier fathers rights Consultant!” But why would you care? Well, I’ll tell you if you rush over to his site… I think you’ll come to your own conclusion that he “IS” the real deal! Experience someone who works and thinks outside the box for you! Read what others have to say at…. http://www.fathershelphotline.com.

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Unmarried Child Custody Issue

July 21, 2010 By Leave a Comment

By Steven Carlson -

What are the top issues unmarried parent’s faces when custody is disputed? Unmarried custody cases can present some different child custody issues than divorce cases where the parents were married. Fathers who were not married are often fighting for the right to have contact with their child and establish custody and visitation rights. Unmarried mothers are often fighting to establish a child support award against the father. While unwed parents face many of the same custody issues married parents struggle with, there are some additional challenges in the unmarried custody case – specifically for the unwed dad.

Unmarried Child Custody Issues for Fathers

Who gets custody of the child if the parents were never married? In most states, an unwed mother will be awarded sole physical custody unless the father establishes paternity and commences action to be awarded custody. Until then, the father is often left with very little he can do to gain access to his child unless the parents agree to it. If an unwed mother denies the father access to his children the father will often need to establish access through the family court, which generally includes establishing paternity and petitioning the court for parental rights and waiting for a judge to make decision. A father who was not married to the mother of his child rarely ever wins custody over the mother unless mom is found by a court to be completely unfit. And for younger children, the chances are often even less. There is still a heavy bias that favors mothers over fathers, especially with younger children. An unmarried father usually at best can only take the necessary steps to gain unmarried child custody and visitation rights through the courts — unless the mother is cooperative and agreeable out of court. The time and money involved for an unmarried father to gain rights to his child and to establish a parenting plan can often be extensive. Regardless, unmarried fathers should not be discouraged as more and more fathers petitioning the court for access to their children are being awarded joint custody with parenting plans that include the child living or spending a substantial amount of time with their father.

Unmarried Child Custody Issues for Mothers

With some statistics showing that most all child support cases involve the father paying support to the mother it’s easy to see why it is also the case in unmarried child custody cases that mom’s are often fighting to obtain a support award against the father. Generally, a finding of paternity is required in order for an unwed father to be forced to pay financial support of his child to the mother. Without a paternity finding by the court, it’s often difficult and in some cases impossible to force an unmarried father to pay child support. Voluntary child support payments by an unmarried father without a finding of a paternity may not be enforceable. In other words, if an unwed mother is relying on voluntary payments by dad without a finding of paternity then she may find herself in a tough situation if the father decides to stop paying voluntarily.

Unmarried custody cases can present different issues than divorce cases involving children. Unwed dads are often battling for child custody rights while unwed mothers are often fighting for financial support. Whether you’re the mother or father involved in a custody dispute, you’d do well to become educated on the subject of custody issues including custody determinations and modifications.

Copyright © 2009 Child Custody Coach(TM). All rights reserved.

Child Custody Coach ™ supplies child custody information, online materials, and coaching services to divorced and unmarried parents faced with custody and visitation agreement issues. Steven Carlson, The Custody Coach™, is the author of the win child custody E-Book, “How to Win Child Custody – Proven Strategies that can Win You Custody and Save You Thousands in Attorney Costs!” Mr. Carlson’s book has been reviewed by some of the foremost professionals in the field of custody, family law, and parent education.

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Father’s Rights – Who Should Be the Custodial Parent?

July 15, 2010 By Leave a Comment

By Gina Famularo -

A Family Law Attorney Explains How Father’s Rights are Viewed by The Courts in Temecula, Murrieta, Hemet And The Inland Empire in Southern California.

The way the courts have viewed Father’s Rights in California have changed dramatically back and forth. Before the 20th century, children were considered part of their father’s property and in case of a divorce, were placed with the father.

A major shift then occurred in the legal community and the general attitude was that the child did better in the care of the mother. Currently, seventy percent of custody cases are awarded to the mother, with twenty percent granted to both parents as joint custody, and less than ten percent of custody cases are awarded to the father. While this legal trend has not been officially reexamined to factor in the more alternative lifestyles of today, some areas, including california, are recognizing a father’s rights and in some cases are granting more time or even custodial rights to the father.

There are also many advocacy groups fighting for equal rights for fathers. Many of their goals focus on recognizing that “traditional” family roles should not preclude the father as the custodial parent after a divorce. A “Father’s Bill of Rights” has been developed in hopes of giving fathers more legal legitimacy in the family court system. Some of these rights include making the word “father” part of the legal definition of a family, a uniform paternity law, and child support to be considered a tax.

As the court stands now, a legal father (either biological or adopted) has the right to see their child, yet you must make this request to family court. It is suggested that you also obtain a paternity test in the event there is any question of the child’s paternity. In family law court, there is no automatic say in who will receive custody of the child, however, the trend is for the child to stay with the mother, unless special circumstances are presented. There is a significant effort being made of the court’s side to see with whom the child would most benefit from living with.

The best interest of the child is always the most important factor for the court.

To help you understand your rights and options as well as to protect yourself, you need a family law attorney form the same state your case will be in.

Family legal matters can be extremely emotional, frustrating and costly. Because of this, it is important that you get the right information BEFORE you take action regarding a divorce, child custody, child support, adoption, or any other important legal matter.

Get the information you need to make an intelligent, informed decision regarding your and/or your children’s lives. http://www.TemeculaDivorce.com has a wealth of information available to you to help you properly navigate the legal system in Temecula, Murrieta, Hemet, Riverside, and the entire Inland Empire. If you need to speak with an attorney, we have professional, compassionate attorneys to assist you. For a free consultation, please go to http://www.TemeculaDivorce.com

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Child Custody Law and What You Should Know

July 13, 2010 By Leave a Comment

By Michelle L. Walker

If you are in the process of getting a separation and divorce in Denver, you no doubt know that it’s a hard and distressing experience. It truly is doubly so any time there are children involved. They’re in all likelihood angry and confused about the reason their own father and mother are fighting as well as no longer living together. Even if the mother and father get along well enough to act decently towards each other, custody disputes can still draw out the worst in everyone involved. They’re probably the most difficult part of getting divorced. A good Denver custody attorney may not always make the process any less difficult, however she can help you to navigate these challenging legal waters.

When it comes to custody in Denver or anywhere else, a legal professional will tell you it’s primarily determined by the answer to one question. What is in the child’s best interest? This particular question asks which parent is best suited to care for the child. Where does he or she go to school? Which parent has the economic as well as emotional means to support a child? Where does the child wish to live? These kind of questions, and many others, can help a custody lawyer or attorney and judge determine what is in the child’s best interest.

So far as custody arrangements within Denver or anywhere else go, there are 2 general options. They might get complicated, and a lawyer can certainly clarify them more completely, yet these are the basics. There can either be joint custody, or sole custody. Joint custody is exactly what it sounds like. Both parents maintain custody of their children. They share in the decision-making obligations, as well as in their upbringing. In arrangements where custody is joint, children commonly spend some portion of time with each parent. Sole custody means that one parent has primary decision-making power for the children. The other parent could have visitation rights. In Denver, as well as in most other places, sole custody is usually only used when one parent just isn’t capable of making decisions on the part of the children.

As a judge or lawyer attempts to make a custody decision for children, he or she may ask the children which parent they’d prefer to live with, and the reason why. Depending on ages of the children, these types of answers may possibly vary widely. Children may sometimes choose to stay with the parent who lives in their old house, or the parent who lives in their current school district. Children might prefer to live with the parent who lives closer to grandparents or other family members. There are numerous options for custody and visitation arrangements available in Denver, and a lawyer may help you sort through all of them and determine which ones will work effectively for both you and your children.

Concerning custody disputes in Denver or anywhere else, there are very rarely any uncomplicated solutions. Even skilled attorneys have trouble sorting through the many feelings and complications involved. Children often really feel torn between their parents, and do not understand the reason why they aren’t living together any longer. Although the basic choices are either joint or sole custody, there are an array of choices for visitation in Denver that may impact you and your child. Should you be involved with a custody dispute in Denver you will certainly want to get in touch with a local attorney that has practical knowledge within this area.

Michelle L. Walker is dedicated to Family Law and Domestic Relations. She strives to meet your goals while providing you with effective legal representation. Ms. Walker believes that each case deserves high quality legal representation regardless of how much or how little is at issue. A trusted Denver Adoption Lawyer, Ms. Walker practices in all Denver-metro counties with affordable legal costs. For a free consultation visit Walker Law Offices, LLC.

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Court and Divorce Alternatives

July 11, 2010 By Leave a Comment

By Andrew Carnigie

–

Divorce is an emotional event. Some are lucky enough to go through it without falling to fighting, but man end up in a sort of divorce hell. When you marry someone without a prenuptial agreement, you are basically entering into a contract saying both of you are now one entity when it comes to ownership. At the divorce, this means that hostile ex-partners can now vie for property through the divorce court. A hostile divorce usually forces both parties to hire Denver divorce lawyers. Hiring a divorce lawyer gives you a good shot at getting more property, but it also costs more and complicates the whole thing, especially when you start battling over child custody.

So the real secret to divorce happiness is to make the decisions mutually. Of course this is not possible in all situations, but if you can work the break up between yourselves you will be able to avoid hiring a lawyer and keep the decision making process out of the courts. A mediator might be a good option if you think a neutral third party would be better than aggressive lawyers. This will keep the children out of a messy Denver family law court battle. In most common Denver Divorces, the two sides can work a good portion out my themselves. In Colorado, once you have worked out how the children and money go, you do not even have to go to court once you submit the divorce to make it official.

When it comes to the point where you have to hire a divorce lawyer, who you choose to represent you is critical in how the divorce will proceed from there. Attorneys are in business to make money, and while some good ones will counsel you on what choices you need to make to keep your family and yourself happy, it is always in their best interest to make the most money possible. In our adversarial system, the lawyer’s job is to protect their clients interests as well as possible. If you want as peaceful a divorce as possible tell your lawyer. If your partner hires an aggressive lawyer, you may have to fight back. Lawyers will not mind using children as bargaining chips to get the most out of their adversary. Eventually most people run out of money for legal fees and settle anyways so I advise against that whenever possible.

In some cases where you agree on the general principles, both parties can use one lawyer. In our system a lawyer cannot fully represent two people at odds so it is important that the parties can compromise. I had one client that used a Denver motorcycle lawyer for their divorce just to do the paperwork. Try to keep it civil, because if a major disagreement arises, the lawyer will have to give one or both clients to another attorney.

There is another type of divorce lawyer called a collaborative attorney, who will work with another attorney in his profession to share information and work towards a settlement. These lawyers sign a contract saying that they cannot represent either party in court. This allows the clients to have a clear mind knowing their lawyers do not have a monetary incentive to go to court.

There are some cases when you need to hire the traditional adversarial aggressive divorce attorney. If there is any type of abuse or vindictive behavior. If you do not have the money, some law offices do pro bono work, and at the very least they can point you in the right direction on where to find free answers. The best protection if your spouse hires a lawyer is for you to do the same.

Divorce and child custody battles can be hell. I bring years of experience with Denver divorce lawyers to try and give the average man a chance when representing himself in court. Visit my Denver divorce attorney blog to find more about self-representation.

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Fathers’ Rights – The Virtues of Fighting As Hard As You Can

July 9, 2010 By Leave a Comment

By Mary See

Fathers’ rights are a very tough thing to deal with in our society today. Going through a family split can be very difficult emotionally, mentally, physically, and even financially. A divorce or a split up between the parents can cause a lot of arguments as far as the fathers rights and the mothers rights on caring and raising their children go. A father’s biggest fear is not only how much the divorce can affect his children, but the reality of actually losing his own children as well.

A majority of the people in our society don’t see fathers rights in an as important light as mothers rights. Often times, the mothers ends up winning custody of the children, while the father is required to pay for child support.

Every situation is different, but there is something that you can do to fight for your rights as a father, and have as much of a chance as your children’s mother when it comes to caring for your children.

One of the most important things that you can do is to hire a good attorney, who is very knowledgeable about fathers rights. Do your research, and don’t just hire any attorney. Make sure that who you’re dealing with really knows what they’re doing. Once you have found the perfect attorney to represent your case, make sure to communicate with them and be completely honest about what you are fighting for. Let them know what your real intentions are. When they see the sincerity in you, they will not only work hard to get paid, but they will really understand how much winning the case and having your fathers rights really means to you.

During the process, make sure that are you involved in the case as much as you can be. All the effort and hard work you show will be worth it, and at the end, you will not look back and regret that you didn’t work hard enough to fight for your children.

Fathers rights are equally as important as mothers rights in raising and caring for their children, therefore, both parents should have equal rights to raise their children. The law can be very tricky, but its goal is to protect your children, after all.

Unfortunately, it is very easy for the court to see that it is best for your children to be with their mother, but if you and your attorney work smart enough, you can have as equal rights as their mother when it comes to raising and caring for your children. If you keep all of this in mind you are that much closer to winning fair custody of your children and rightfully maintaining your fathers rights.

Mary See is the webmaster of fathers-rights.net, a fathers rights website that guides fathers through their struggle of getting the custody rights that they deserve.

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Filed Under: Child Custody, Child Support, Family Court, Father's Rights

Fathers Custody Rights – Custody Strategies For Men Review

July 7, 2010 By Leave a Comment

By Sarah Dillon

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Dr. Bricklin and Dr. Elliot are well regarded experts in the field of child psychology and have 30 years experience helping fathers to adopt the correct approach in fighting for custody of their children on the break up of a relationship.

The first key point in their book is that it is much easier to win custody of your child at the outset than it is to have a case reopened later.

This is for the obvious reason that courts are reluctant to upset the existing arrangement that a child enjoys with the existing custodial parent who will be looking after the day to day life of the child.

Because of the 2 doctors experience in the field they claim that they have gathered a huge amount of information in the field from dealing with child care experts, judges, lawyers and health professionals and claim that there are a number of legal and psychological strategies that need to be employed to give you the best chance of winning child custody first time.

They outline in their book 14 key behaviours which successful parents use in custody disputes.

Probably even more importantly they outline the strategies that are likely to be used against dads in their custody battle..and claim to have perfected strategies for situations where the child has been turned against the father and embittered by the other parent.

They also supply a state by state supplement which tells you exactly what the visitation and custody laws apply in individual states. The book is not cheap, but it is very thorough and if you find yourself in the unfortunate situation of a failing or failed relationship and there are children involved then you will probably recognise that the long term benefit of adopting the correct child custody strategy will pay you back ten fold in the long run.

Learn more about fathers custody rights and to see a greater in depth review of Custody Strategies for Men at my blog now!

Win your battle for custody of your child by equipping yourself with the knowledge and strategies you need at http://ChildJointCustody.com

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How to Draft a Fathers Rights Will

July 6, 2010 By Leave a Comment

By Dennis Gac

People today are often under the common misconception that you must hire a lawyer or have significant experience or knowledge of the law in order to legally make your Will. This is an unfortunate misconception in that it makes people hesitate when it comes to creating their Will, and often these are the very people who need the Will the most. You would feel awful if your new wife was left with nothing while your “X” walked away with what you intended for her, your kids, or someone else! You need to protect yourself and those you love!

Creating a Will is much easier than and not as scary as people often seem to think. Here are a few guidelines to follow when thinking about you will.

  • To qualify as a legal Will, it must appear to the court by looking only at the document itself that you intended this document to be the final expression of your wishes as to the distribution of your property to take effect upon your death.
  • To the court, when you creating a Will is most important that you, as the Will maker, must have “testamentary capacity”. This is essentially under law in most states requiring that you were of “sound mind” when you created the Will.
  • If your Will is typed, it must be signed in the presence of two witnesses who must sign in the presence of you and each other. In a nutshell, the parties affirm that all of them are within sight of each other, that you are of sound mind, know what you are signing is your Will, and have asked the witnesses to so attest.
  • If a Will is thrown out, the estate is handled as if there had never been a Will to begin with.
  • “Codicils” are amendments made to an earlier, already existing Will. However, no written additions or changes should ever be made on the original document. Instead, a separate page should be prepared, referring specifically to the original Will, and executed with the same formalities required of a Will in your state.
  • If the desired changes are at all complicated, subject to more than one interpretation, or potentially in conflict with other provisions of the Will, it is really better to just start from scratch and do another Will. Remember to destroy the old one to avoid any confusion!

I have heard so many horror stories from people about how their significant other kept putting off creating their Will until it was too late, and now their family is left to pay! The biggest reason for this procrastination is really just not knowing what is expected of a Will and pervasive misconceptions of what is actually needed. Keep the suggestions that I have made above in mind while writing, and you will have and effective and legal Fathers Rights Will!

http://www.fathershelphotline.com E-mail dennis@fathershelphotline.com

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Making Sure You Get Your Fathers Rights Message Out in Court Effectivel

July 3, 2010 By Leave a Comment

By Dennis Gac -

It is important to know that going to court to fight your case is like writing a persuasive paper in college. In order to have yourself heard by the judge and the ex-wife’s attorney, you need to have some good reasoning and fact behind you when preparing your paperwork for court. Knowing what message you want to get across, as well as having the information and data to back it up, is one of the most important steps you need to take before stepping into the court room.

In most divorce cases, the judge typically is already in the mother’s favor. The mother tends to be the one that is there for the kids more, is more nurturing and tend to participate more in a child’s life than a hard-working father. This, unfortunately, can put you at a huge disadvantage before you even walk through the courtroom doors. However, by preparing your case paperwork effectively, and by properly packaging your message for the judge, you can have your message be heard, and perhaps turn the tables on your ex-wife and get on the judge’s good side. Pro se litigants that are thoroughly prepared and show respect for the court system tend to have the judge’s attention more so than a Pro Se litigant that is blindly walking into a courtroom disaster zone unprepared.

When preparing your statements and paperwork for court, it is important to back up your main message. Instead of stating that it is fundamentally unfair for your wife to automatically have custody of your children and receive high amounts of child support thrown her way, you need to provide some research, evidence, and other supporting information that can help back you up and show that you are seriously concerned that full-custody in your wife’s favor is not in the best interest of your children. Because when it comes to divorce and child custody arrangements, it’s important to know that the children always come first in the court’s eyes. If you provide a compelling argument against awarding full custody to the mother, you have a better chance of getting joint or full custody yourself.

Dennis Gac is widely known as “The World’s premier fathers rights Consultant!” But why would you care? Well, I’ll tell you if you rush over to his site… I think you’ll come to your own conclusion that he “IS” the real deal! Experience someone who works and thinks outside the box for you! Read what others have to say at…. http://www.fathershelphotline.com.

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Filed Under: Child Custody, Child Support, Family Court, Father's Rights
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