Child Custody | Advice You Need To Have

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Whether you are thinking about filing for custody or have already filed but have not yet agreed to an order, you need to educate yourself about what works, what does not work, and what to look out for. Making a mistake at the start could rob you of the most important thing in the world. Spending time with your child.

If you are in the beginning stages of a child custody case you have the opportunity right now, to set yourself up for success. Many people make the mistake of trying to please the other parent by giving in to their demands early on in the process. If that describes you and you are thinking that they will come around and see that their way is not what is best for the child, well think again. Unless you and the other parent agree on how child custody and visitation should be handled, you need to protect your child NOW!

In my opinion, the biggest mistake parents make is giving in to the other parent and agreeing to a temporary order that makes no sense. Parents may agree because they expect a mediator, evaluator, or judge to talk some sense into the irrational parent. But that seldom happens. You see mediators, evaluators, and judges experience the high emotions and drama dozens of times each day. They easily weed out the drama from the issue. So getting in front of these people and claiming the other parent is off their medications, is on drugs or some other explanation of why they are irrational, does not address the issue. At this point you are left with a he said, she said, argument with no clear way out. So the first best thing you do is do not agree to a temporary order that does not work for you.

The next biggest trap parents fall into is false allegations. The most difficult allegation to get out of is the one based on a partial truth. For instance, if the two of you had agreed to find a counselor to help you negotiate an agreement and they interviewed 6 counselors and then told you they had found someone they thought could help. Next they setup a meeting and you both attend. Later on, they tell the evaluator that they went to 6 counselors until you agreed to use one and then you still missed the first meeting. This completely misrepresents what happened but is mathematically accurate. This is a very mild version for an example but you should get the idea.

The way you avoid this trap is documentation. From the moment you start this process, document everything you do associated with your child. Email the other parent with a clarifying statement that you can use later if needed. Imagine if you had an email that stated, “Thank you for finding counselor Smith for us to work with. I will be at the first appointment Monday @ 2:00 pm”. If they alleged that you did not show up or involved, you could show a confirmation based on truth. This shows that you are involved and truthful. It also shows they cannot be trusted.

Always think of what the long term consequences of your actions are and document everything you do about and with your child. If you do, you are much more likely to have the outcome you deserve.

Ed Brooks knows firsthand how painful a High Conflict Child Custody battle can be. Ed has created a site where parents can get advice on how to handle all aspects of a high conflict Child Custody battle. If you want to learn more about handling False Allegations issues you can find it here.

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When Michael Jackson unexpectedly passed away last week, the world was stunned by the death of the fifty-year-old entertainer who left an indelible mark on pop culture. He was preparing for a world tour that was advertised as his fans’ last opportunity to see the King of Pop perform on stage. Whether motivated by a desire to sing again or by undeniable financial problems, the tour that would have brought hundreds of thousands into arenas will never happen. Along with his amazing legacy of music and a sorted legal history, Michael Jackson also leaves behind an endless number of questions surrounding his unusual personality and life. What exactly was the cause of his death? An official pronouncement from the coroner has been postponed pending toxicology reports, but rumors are rampant concerning his addiction to prescription drugs and the courts want the opportunity to speak with his various doctors. Will we now learn more about the plastic surgeries and other alterations he chose to endure? Finally, there is a question that likely will be answered in a California courtroom over the weeks and months to come. What is to become of Michael Jackson’s children? In the middle of all of the chaos and media frenzy, I hope we all remember these three innocent participants in the family drama.

Michael Jackson leaves behind three children whose new home is yet to be determined—Prince Michael, age twelve, Paris Katherine, age eleven, and Prince Michael II (also known as Blanket), age seven. The first two kids are the product of his marriage with the former nurse for Mr. Jackson’s dermatologist, Debbie Rowe, which lasted from 1996 to 1999. Ms. Rowe originally gave up all custodial rights when the two terminated their marriage, but successfully appealed to have parental rights restored following Jackson’s arrest in 2003 on child molestation charges. The youngest boy was born to a surrogate mother who has never been identified. In fact, official documentation lists “None” in the space indicated for the birth mother. So, the California courts are left with two birth mothers who have had little or no contact with their children. What are the possible options at this point?

California law considers several issues when determining child custody cases, using the guiding factor of the “best interest of the minor child” as the overriding influence in such decisions. First, the courts examine the best environment for a child’s safety, health, and welfare. They also check for a history of physical abuse or violent crimes committed by any of the parties seeking to share in the custody. The stability and continuity of an environment is critical in the eyes of the court. Children need to have established bonds and patterns with the person who is deemed to be the primary caretaker. Unless there are circumstances that require otherwise, such as specific health or educational needs, all efforts will be made to keep siblings living together. Finally, the court must give “due weight” to the wishes of the children in this difficult situation, assuming that their ages and reasoning ability allow them to express such a preference.

Earlier this week, Michael Jackson’s mother, Katherine Jackson, was granted temporary guardianship of all three children. In a will written by Michael Jackson in 2002 and released the day after Mrs. Jackson received temporary custody, the courts revealed that this placement was in accordance with Jackson’s last wishes. However, Mr. Jackson does not necessarily have the final say in where his children will live until they reach adulthood. The well-known celebrity attorney Gloria Allred said about the situation, “”If he did indicate a preference, that will be given great weight, but that will not be determinative. Children are not property, they cannot be willed to another person.” So far, however, Katherine Jackson is the only possible guardian who has expressed an outright and definitive interest in caring for the children. She has a long-standing relationship with all three of the kids and is surrounded by other grandchildren of the Jackson family. This environment could prove the most stable and loving for Prince, Paris, and Prince Michael II. Charlotte Goldberg, a family law professor at Loyola Law School in Los Angeles, said that in all child custody cases, “It’s really a balance between continuity and stability and a biological relationship.”

Where does the current state of affairs leave Debbie Rowe? Experts believe that she has the strongest legal claim to the two oldest children, if she should choose to assert her parental rights. As this article is being written, Ms. Rowe has just requested and won a delay in the upcoming custody hearing as she decides whether or not she wants to pursue her rights to raise her two children. This legal move today was the first communication that Ms. Rowe has offered since the death of Michael Jackson a week ago. If she does decide to move herself to the front of the custody line, which would likely be her legal prerogative, Ms. Rowe would need to undergo an evaluation by the court to determine if she is the best person to care for the children.

Whether a celebrity or someone who has never found herself on the cover of a tabloid magazine, the emotional issues involved with child custody situations are always difficult. Above all else, it should the desire of the courts and all parties involved to make the decision that is in the best interest of the children. Where will the children feel most secure and loved while working through a painful life transition? Who is surrounded by the best support network when extra assistance is needed with the children? Who can provide the most solid financial support? If you are seeking custody of precious children in your life whose circumstances are changing for reasons ranging from divorce to death, you should seek the assistance of a family law attorney who has the experience needed to be sensitive to the heightened emotions that are involved. If you also happen to be in the public eye, you will want to find legal representation that brings knowledge of how to navigate through the magnified issues of celebrity law. While it may be difficult to focus on these practical needs when you are caught up with tending to a family in pain, making these decisions early will make for an easier road ahead.

Tony R. Bertolino is a managing partner of Bertolino LLP, a law firm with offices in Austin, Houston, and San Antonio. Bertolino LLP has attorneys who practice in the areas of family law and celebrity law. To learn more about how Bertolino LLP can assist you with your legal needs, please visit the firm’s website.

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21 Days To A Happy Child Guide – Turn Misbehavior Into Great Behavior.

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