Brazilian court gives US Father Full Custody

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Child Support Court represents the venue where the most outrageous child custody, visitation and support cases are played out. This niche court show cuts through the clutter of existing court shows by focusing on the drama and emotion of Child Support, Custody and Visitation issues that have impacted all of our lives, directly or indirectly! What further differentiates this show from other court shows is that the judge and court appointed attorney for the children, guardian ad litem, educate the parents, as well as the public, on whats in the best interest of the children given the circumstances! For more informatio: Mike@childsupportcourtonline.com

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When it comes to family court there is nothing more written about than people who think that the family court legal system is corrupt, antiquated, complicated, or somehow a system that fails the people in it. Despite these views it is the system you are forced to work with when resolving child custody issues. But if so many people are so disappointed in the system can you really expect the system to give you what you need? The answer is that you can if you know how the system works and know how to work the system.

I believe that most people who believe the system is broken, corrupt, or feel they have been let down didn’t know how to work the system because they didn’t know how the system worked. You see the vast majority of people who represent themselves expect to go into court, tell the judge what a horrible person the ex is. Then they expect that the judge will agree and trow the book at the ex. But that isn’t how the system works.

The system works on checks and balances. That is if one person claims another is bad, the other person can respond to those claims. If all you have is two people who disagree, then how can the judge rule in one person’s favor. They can’t rule that way even if one of the parties lies, the fact is that there isn’t any proof in this type of situation. So of course the person who believes they were truthful feels let down.

But what if the court had more to go on? If one party submits written documentation from the other party or a known neutral 3rd party, then the judge can rule on the evidence. For instance if two parents disagreed about one of them not being allowed visitation. The parent who is denied visitation could show a receipt from an ATM or convenience store near the other parents home at the time they were suppose to pick up the child. A judge could reasonably assume that the parent was there (based on the receipt) and rule that they were not allowed visitation. But without the evidence it is simply an argument with no good outcome.

So to get what you want from your hearings, think about what you want to talk about for you 5 minutes. Think about the evidence you have and include it with your motion. This way the judge will be able to read it before hearing your case. Make a bulleted list of the points in your motion. Follow up on each point during your hearing. Do not respond to the ex. Respond only to the judge when asked to do so. If the ex steers the conversation away from the motion, feel free to state that you aren’t on a topic covered by the motion and that you would like to get back on topic.

Once you understand how the system works you’ll find it a lot easier to work the system.

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The first important premise here is that the parents cannot come to an agreement. If parents can work things out on their own, there is no need for the courts to become involved. Often times parents wonder if there is a mandatory requirement that they have a custody agreement if they don’t live together. The answer is there is no requirement to have an agreement. Child Custody agreements are only required if they cannot agree.

The whole process gets kicked off by filing a motion, sometimes known as an order to show cause. Either parent can file this and then the rules begin. The parent who files must notify the other parent (there are rules provided on the form you fill out). Then the other parent gets to reply with their own filing. Both of them end up in court on an assigned date to start the process.

What you really need to know about this is that when you fill out the documents for the first time, be sure you are organized and ask for exactly what you want. Make sure you setup your visitation schedule ahead of time and create that pattern before you get to court. This way your temporary order will reflect what you truly want. Temporary orders often become permanent and here’s why.

Most people are required to go to mediation as part of the process. If the issues are not resolved their you could go onto evaluation, and trial. At minimum most people spend 4-6 months going through the process. If you are in a high conflict custody battle then you can plan on 12-24 months to get through the process. If your temporary order was a bad decision, you may have to live with it forever. You see after 6, 12, 18, 24 months, courts do not like to change a child’s routine. Now you would be stuck trying to make a change and restarting the process. So if you can agree with the other parent or at least negotiate the big ticket issues you will be much better off.

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Top New York (NY) and New Jersey (NJ) Divorce/Child Support/Child Custody Lawyer/Attorney Adam Handler gives free advice to callers at The Law Link Show on Linkup Radio 93.5 FM. Do you have to pay child support if there is no court order to do so? Watch this video to the end to hear the… … divorce lawyer attorney child custody support

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In Rhode Island (RI), A guardian ad litem is a individual who represents the hypothetical best interest of the minor child in a child custody, visitation or other type of Family Court case. The Guardian is not a lawyer for the minor child!

Guardians are frequently used in in contentious custody cases when the parties can afford the additional expense.The judge could make an appointment or the parties can agree to a guardian being appointed. If the parties cannot afford a guardian, the court can have Rhode Island Family Services do a home study and investigation for free.

A guardian is typically a Rhode Island Lawyer / Attorney who has been certified by the Family Court. They are required to get certified by the Court after hours of training. They could also be a psychologist or psychiatrist. It is very expensive. Usually, both parties pay 1/2 of the expense. However, if one party has substantially more resources then the other party then that person may be ordered by the judge to pay up to 100 percent of the cost. If one person conduct caused the need for the guardian or is at fault they could be ordered to pay up to 100 percent of the cost.

A retainer usually averages between $2,000 to $4,000 depending upon the complexity of the case. This can be very difficult to afford in a Rhode Island divorce or custody case because both parties are paying their RI divorce attorney / lawyer.

In complex cases involving lots of evidence, witnesses and complexities, a guardian may cost substantially more then $4000. They bill on an hourly basis ranging between $150 to $250 an hour.

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A guardian does not make the final decision as to which parent shall get physical placement or legal custody of the child. The judge makes the final decision regarding custody, visitation and physical placement / possession after hearing testimony at trial or hearing. The guardian drafts a report to submit to the Court with his or her findings and recommendations.

A Guardian ad Litem could be appointed in a dcyf case, divorce case, visitation case, custody case or other type of Family Court action.

The Guardian interviews both parents and interviews other witnesses involved in the childrens life such as teachers, social workers, guidance counselors, psychologists, psychiatrists, grandparents, aunts etc. The Guardian will have full access to medical records related to the child and perhaps the parents. He will have access to education, religious and other records related to the child. The amount of witnesses interviewed sometimes depends on whether the parties can afford additional work.

The guardian typically interviews the minor children about their opinions concerning legal custody, placement and visitation. The older the child is the more weight the he or she will give to the childrens preferences regarding custody or visitation.The guardian can recommend that other professionals get involved such as licensed clinical social workers, and psychologists.

Even though the judge makes the final decision regarding placement, legal custody and visitation, in reality the guardian’s report usually decides the issues. The judge typically adopts the recommendations of the Guardian. Both parties have the right to call the guardian as a witness and challenge the opinions and the basis of those opinions.

However, judges typically get frustrated by anyone who challenges the recommendations. It is extremely difficult to get a RI Family Court judge to not adopt the recommendations.

Rhode Island (RI) Family Law Articles

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www.divorceattorneysandiego.com A San Diego Family lawyer speaks about the San Diego and California court system in the area of Child Custody.

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