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Showing posts with the label Custody

Divorce Rights - Property Distribution, Child Custody & Support, Alimony and Visitation

Today, most of the young married couples who are on the course of divorce merely think that with divorce they will rid all the miseries and unevenness they are facing in life but, Alas! They are greatly mistaken. Divorce just doesn't end everything about a marriage, although it ends the legal contract between a husband and a wife but, it shatters the household that was based on that marriage. It also cannot break the relationship that the children of the marriage create merely by existing. A marriage is a legal contract, and in general in every legal contract all the parties' rights must be respected. When we talk about rights after divorce , it involves many aspects of divorce . And in United States it varies from state to state. Divorce rights principally imply each party's right at the time of divorce . There has been a significant change in divorce rights throughout the history and we still find these rights unstable today. For every divorcing couple, to bette...

The Court Determines Child Custody

A child custody proceeding is any case involving child protection, adoption, guardianship, termination of parental rights or voluntary placement of your child. The support order will be based on the child's needs, obligor's ability to pay, custody arrangements and the child support guidelines. The Criminal Code makes it an offence to abduct a child to spite a custody order. A custody order establishes both the custody and parenting time arrangement for the children. Your child custody order is also confidential. When an unmarried mother has a child, the mother has legal custody of that child until a court says otherwise. During divorce , marriage, or annulment proceedings, the issue of child custody often becomes a matter for the court to determine. The Court must consider the following factors in every child custody decision under the law regarding the best interest of the child. The court retains the power to alter the custody arrangements until the child turns 18 or ...

What You Need to Know About Child Custody

In order to better understand child custody, this guide will educate you on the four cases of child custody which are enforced under law. Child custody can be a divisive issue for both parents, especially if it's right after a,messy divorce . It gets complicated in cases where one parent makes much more than another. It also gets complicated if the divorce is forced through the courts, as neither parent can agree to a fair deal and especially who gets custody of the child. In all cases, an experienced divorce lawyer can help. What is physical custody? Physical custody goes to whichever parent has the right for the child to live with them the majority of the time. For example, a mother historically would get physical custody, while the father would be able to get visitation rights. In other cases, both parents have the right for the son or daughter to live with them for extended periods. In some states, this is called joint physical custody. This occurs mostly when the parents ...

Understanding the Basics of Child Custody and Divorce Law - Protect Your Parental Rights!

When two adults get divorce d and there are children involved, decisions as to which spouse will gain custody of the children are always a critical - and emotionally draining - issue. Child custody and divorce laws vary from state to state, so for the sake of this article we will be focusing on Divorce Law in Georgia. If you do not live in Georgia, I recommend that you read this article to get a basic understanding of Child Custody & Divorce Law in general, and then check with an attorney in your home state to see how your state's particular laws may vary. Under Georgia Divorce Law, GA does not favor either the mother or the father. Rather, GA divorce law strives to analyze the relationship each child has with each parent, and work towards the best interest of the children. Georgia divorce and family law allows for a number of different types of child custody, including: temporary custody, sole custody, split custody, and joint custody. Temporary custody under Georgia ...

How an Attorney Can Help with Divorce and Child Custody Issues

Divorce is without a doubt a very painful process for all the parties involved and can even be more traumatic and frustrating for your kids who are suffering the discomfort of daily arguments at home. Once you have arrive at the conclusion that divorce is the healthiest and most appropriate way to solve your marital problems once and for all, the very next step is to find a good lawyer who can help you put your case together in order to bring it to court. Hiring an attorney for such cases is very important because neither one of the parties involved will agree with an arrangement where the kids are separated from them, it just doesn't happen. The fight for the kids can be quite hard because both of you have spent an equal amount of time with the children and have equal rights, however the court will decide which parent is better suited to take care of the kids, this decision is based upon many factors. It is public policy of the state that a minor should have frequent constant wi...

Finding the Right Advocate For Divorce, Child Custody, and Other Family Law Issues

It goes without saying that family is the most important aspect of our lives. When all goes well, our spouses, our children, our parents, and our siblings fill the air with love, which we breathe deeply to replenish our spirits. Just as we breathe without conscious thought, our lives fall into a comfortable routine that makes us unaware of the integral role that a loving, supportive family plays in our lives. All too often, the dawning realization that our self-concept is firmly tied to our family comes only when the bubble bursts. When, for whatever cause, we're faced with divorce , child custody battles, and in the worst instances, domestic violence or child abuse. When family matters move from unhappiness at home to a court of law, it's important to have an advocate at your side, a family law attorney who will do whatever it takes to help you create a future where you feel whole and safe. Selecting the right attorney can make what is inevitably a difficult and heart-wrenchin...

In Child Custody Cases, Do The Courts Still Favor The Mom?

Child custody cases are filling up the courthouses these days because nearly 50% of all marriages end in a divorce . But does that mean that the courts just give custody to the moms still? Not as much as they used to, but it's still a lot harder for dad to get custody of the children than the moms. It used to be a women's court, but dads are quickly gaining ground, which is great for us. This article will give you 3 simple steps you can take to help you (as the dad) in child custody cases. Keep Track Of Time Spent With Your Child Every time you hang out with your child make note of it on the calendar. Every school function you go to, mark it down on the calendar. Every bedtime story, every prayer, every soccer game, put it all on the calendar. The reason you want to log all this information is so you can show your lawyer and the courts exactly how much time you spend with your child and how important you are in his or her life. Get Affidavits From Friends and Family An affidavi...

Going Through Child Custody Dispute - Best Solution

Divorce can sometimes be a very painful experience in life. For you to be suddenly separated from someone you loved and cherished and probably lived with for a long time sharing everything in common is really difficult. It is more so if Children are involve, this can increase the pitch of the dispute as each parent wants to have custody of the children. The good news is the divorce rate in the US is falling. According to statistics, the US national per capita divorce rate has declined steadily since its peak in 1981 and is now at its lowest level since 1970. However some experts believe that it is not all good news, they predict that the divorce rate may likely escalate in the foreseeable future, why? Because the number of couples who live together without marrying has increased tenfold since 1960; and the marriage rate has dropped by nearly 30% in past 25 years. Invariably, what this means is that many people are still bound to go through divorce . Some believe that fear of future...

Divorce, Child Custody and Fathers' Rights - How To Prepare for Court

The process of going through the court system is arduous and at times seems overwhelming. Take heart in knowing that preparation is the key! You only need to know the basics of how the court operates to be able to work within it. There are matters of etiquette that can make a surprising difference in how your case is received. ?Taking time to do things according to protocol is a sign of respect to the court and Judge. For example, you must be prepared in writing prior to the hearing in such a manner that your paperwork is professional in every regard. It has to look and smell and feels just like what "they're" used to looking at. This will not only make a good personal impression, which is vitally important, but also allows 'them' to focus on your content instead of being distracted by unclear communication. If you consistently show care and effort in your preparations for your case, it will not go overlooked. In general, having a familiarity with the court, an id...

Thoughts on Father's Rights in Child Custody Battles

Why do the courts seem to always favor the mother in a divorce when considering child custody? Is it that this is a throwback view from the days when the mother was a stay-at-home mother and therefore had nothing to do but watch and nurture the children? Will the court system ever join the twenty-first century in regards to child custody? The rights of fathers has increased and changed for the better over time, but there is still a long way to go before there is real parity between mother's and father's rights. Women still tend to win in the custody battleground. Of course, the winners should be the children. Not everyone will be happy in these situations nor will they feel they have been treated fairly as to visitation, custody, or support payments. Father's rights in custody fights were practically non-existent in the past. However, child psychologists and social workers finally began speaking up. They stated that children of divorce needed their father's guidance, ...

Fort Worth Class Divorce Child Custody - Are You A Priority?

What is a good legal performance for your Fort Worth Class Divorce child custody lawyer? I don't want to sound like I am passing the buck, but you need to consult a legal expert on this subject to get the best answer. I sued an attorney in my lifetime and frankly finding an attorney with the courage to do it was difficult. I also found out that accountability for their performance is difficult to prove and it appeasers to be more gray than black and white. I believe there is great potential for attorneys to sue other attorneys a business. There is plenty of room for good attorneys because in my opinion there are so few of them. I have seen attorneys blame judges or their clients for their losses. Attorneys cannot admit guilt or responsibility because they could be sued. I have had attorneys tell me they represent themselves first and their client comes second or third. So as you can see, you are not their priority. There are options when hiring a new custody attorney. For example,...

Overview of Family Law Issues of Child Custody, Guardianship and Wills and Successions

The world of family law is very different than just about any other type of legal practice. One of the major differences is that unlike dealing with many of the business related areas in which lawyers practice - family law can get personal. These family attorneys regularly deal with issues such as divorce , child custody and support, unforeseen deaths, wills and successions. These are areas of our lives which invoke strong emotions and are not always easy to deal with. Child Custody The issues of child custody and guardianship are a factor of the high divorce rate in America compounded by the number of children born out of wedlock. Family law matters surrounding children involve designating custody, child and spousal support, parental rights, adoption as well as community property negotiation. And when there are kids involved, hopefully all parties can focus on the best interests of the entire family rather than strictly their own self interests. When it comes to child custody - court...

Divorce Mediation For Child Custody

Mediation is one way the courts are trying to cope with the ever increasing divorce rate and courtroom time. Mediation, hopefully, tries to encourage parental cooperation in the battle over custody and visitation rights. A mediator is court appointed and tries to find some middle ground between the divorcing parents and looking out for the best interests of the children. The bulk of mediation takes place between the two parents with the mediator as a neutral party. It's his job to see that the children are represented in the decisions of visitation, primarily. Sometimes, schools, doctors, events, etc. can be settled at these sessions. There are several good points for mediation that judges like other than they don't physically have to be present. One is that each party has the opportunity to give his or her suggestions for custody issues and visitation schedules. Both parents feel they have some input, thus relieving hostilities, hopefully. Most states, however, have a formula...

Divorce, Child Custody, and Family Law - What Not to Do in Your Family Law Case

At the end of a divorce or child custody case, there aren't any "winners" or "losers" in the traditional sense. But often one person walks away feeling as though they attained the better outcome. Many times this outcome is the product of some mistake that the other party made. As a family law attorney, I've seen some hostile cases and I've seen people do some cruel things. Sometimes these actions are physically injurious but, more often than not, they are mentally damaging. In the end, however, they almost always come back to haunt that person. Consequently, if you are involved in a divorce case or a child custody case, don't do any of the following if you want to attain your desired result: 1) Denigrate or abuse your spouse. Nothing makes someone look worse in a family law case than someone who is cruel to their spouse. No, it doesn't necessarily mean that you are "at fault" under the law, at least not with respect to grounds for div...