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Archive for November 2009
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How an Attorney Can Help With Divorce and Child Custody Issues
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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 with both parents, however when it comes to child custody there are several laws which parents don’t know about, knowing these laws is critical because based on their behavior and the many aspects deemed relevant by a court of law, the case brought about will be strengthen or weakened. Some of the factors that judges and divorce courts take in consideration to determine whether a parent is fit to be the custodian of a child are:
- The parent who is more likely to allow the non-custodial parent to visit the children on a regular basis without posing a major obstacle.
- Heavy consideration is given to evidence of child abuse, this is actually quite obvious because the court will place the child in custody of the parent which is better fit to raise the him/her without resorting to physical and emotional violence.
- The court will look at financial records of the parents in order to determine which one will be capable of providing shelter, food, education, health care and other material needs.
- Each parent will be analyzed in order to determine which one is “mentally fit” to raise the children.
The are several factors which the court may deem relevant to each case and since every divorce claim is different hiring an attorney capable of putting your case together and bringing to court will improve your chances to show you are the best person fit to take care of your children.
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Child Custody Arrangements – How to Negotiate the Best Arrangement For Your Child
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We all want the best for our kids, whether it’s the best schools, the best opportunities and even the best arrangements when it comes to child custody. The first thing we must realize is that cutting our ex spouse out of our child’s life in order to hurt the spouse is NOT what’s best for the child.
Never keep your child away from your spouse because you are angry at them. Your child could end up resenting you or being very hurt because they’re unable to see their other parent. Once you understand this, there are some other great tips to negotiate the best arrangement for your child.
Try to Compromise with Your Spouse – The best kind of arrangement is one where you and your spouse are able to see the kids equally. Of course, they will need one stable environment to reside at during the week, but perhaps your spouse could see them daily by offering to drive them home from school. By compromising with your spouse and removing your feelings from the situation when you’re negotiating, you can arrange what is absolutely best for your kids.
The Primary Residence or Guardian – Typically, if parents can’t decide who the child will primarily reside with, the judge decides based on several things. For the most part, the person who has been the child’s primary caretaker for most of his or her life will have a good chance of becoming the primary guardian. This may mean the person who has handled school issues, doctor or medical appointments and other important things. The judge will also take into consideration who is best able to provide for the child and similar important factors. Remember this when you’re negotiating the best arrangement for your child.
If Your Child is Over the Age of 11 – When your child is around the age of 11 or older, he or she may have a large say so in where they stay. What is your child’s opinion and who does he or she desire to live with? You should definitely take this into account because in the event that you and your spouse cannot decide where the child should live, the judge will want to hear from your child. Of course, the judge will not put the child with a parent that is unfit, even if the child desires to be with them, but the child’s opinion will greatly affect the custody case.
Be Reasonable – If your spouse is a good parent, do not be against the idea of visitation. If there is no reason why you should want to keep your spouse away from their kids other than because you want to, the judge will not think you’re being reasonable or fair and it could look bad for you. Also, your spouse’s attorney could grasp onto that and make it seem as if you’re trying to hurt your spouse and your children because of your own childish emotions.
Although divorce is difficult and custody cases sometimes become nasty, these tips will help you know how to negotiate the best possible arrangement for your child. By taking these into consideration, you will be better able to negotiate to the type of arrangement you want, your child wants and your spouse wants.
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Determining the custody of your children in the state of Georgia just became a little more cumbersome for divorcing parents. As of January 2008, children age 14 or older of divorcing parents can no longer determine which parent they want to live with. In further attempt by the court to foster a cooperative relationship between the parents after divorce, it is now mandated by Georgia state divorce law that parents of minor children in every divorce case must submit a detailed parenting plan to the Georgia family court for approval.
There are specific requirements to the content of the child custody parenting plan in Georgia which include which of the parents will retain physical custody of the child(ren), where the child(ren) will be every day during the year, how transportation will be handled including how the children will be exchanged between parents, where exchanges are to take place and which parent will pay for the cost of transportation. While many Georgia Family Law judges already required many of these stipulations be placed in a Settlement Agreement, this new procedures now make the process more uniform throughout the state. Additionally, by forcing a Settlement Agreement to contain so many specific requirements, proponents argue that there will be considerably less room for future dispute as to agreements being unclear or vague.
In line with these changes, also required in the parenting plan are how major decisions about the child’s religion, health, extracurricular activities, education, and emergencies will be made along with how disagreements pertaining to these decisions should be resolved, as well as what limits each parent will have to information regarding the child’s school and medical records. The parenting plan also mandates whether a parent’s visitation with the child is to be unsupervised – if supervised, the details of supervision must be included in the plan to satisfy the Georgia child custody mediator during the divorce. The plan must also include specifics regarding limits of access to the children by phone or otherwise by one parent during the other parents time with the children.
Another notable change that went into effect as of January 1st that will affect parents filing for divorce in Georgia is that the judge is now allowed to award attorney’s fees to one parent or the other. In most cases, this issue does not come up, but the legislation is designed to prevent a wealthy parent from using repeated stall tactics to lengthen the legal process. It is obviously in the best interest of both parties to retain attorneys in Georgia who are well versed in the application of the new Georgia state laws regarding child custody.
If unable to retain a divorce attorney through a personal referral from a friend or relative, an advocacy website is a fine place to begin your search. Finding a divorce attorney who is on your side is important and can be done with a little research or a referral.
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Family Law, Divorce, Child Custody, Domestic Violence, Lawyer, Bridgewater, NJ
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Visit weitzman-law.com Leonard A. Weitzman, Esq. is the principal of the Firm. Mr. Weitzman has been representing individuals in family law cases for more than 24 years, regularly appearing in courts throughout New Jersey in Morris, Somerset, Hunterdon, Essex, Union and Middlesex counties. He has experience in virtually all aspects of family law, including divorce, parental rights, child custody and support, alimony, property distribution, business valuations, pre-nuptial agreements …
www.divorceattorneysandiego.com San Diego child custody lawyer talks about child custody in San Diego and California
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Child Anger Management – For Parents.
How can you win custody over your child?
Is there a need for you to have an ample amount of money to gain custody over your child?
Do you need to have a good house or house help so that the guardianship will be granted to you?
The above questions and more linger in your mind after rigorous divorce days. Above all the pain and sorrow you are feeling at this moment, the interests of your child is still your topmost priority.
In Dallas, child custody lawyers oftentimes advise their clients on how to win custody over their child. Here are some suggested ways that the court may look into for you to achieve the guardianship you desire:
1.Child custody lawyers often counsel their clients to start with the basic. Most often than not guardianship will be awarded to the parent who:
Father’s Child Custody | How To WIN Child Custody in ANY State! Fathers, your “Ex” won’t know what hit her after you use these easy to implement psychological strategies that will DRASTICALLY improve your chances of winning your child custody case.
