Showing posts with label Custody. Show all posts
Showing posts with label Custody. Show all posts

Saturday, January 1, 2011

Custody Labels

Our clients don't want custody, they need it. We are hired by people who demand the best. Custody comes in many variations. As divorce practitioners, we have handled several custody cases. The following custody arrangements might be right for you:Sole Custody: Sole custody is when one parent has custody, subject only to the other parent's visitation rights. The custodial parent receives support from the non-custodial parent. The parent who has custody is exclusively in charge of the health, education and welfare of the child or children and does not have to consult with the other parent about any of these issues. Sole custody is appropriate if parties do not work well together.For some, custody is a win or lose proposition. This drives me nuts; after all, I'm a firm believer that children need both parents. However, there are those cases when a party truly believes that they are better for the child or that the child is in danger while in the care of the other party. Our attorneys can aggressively prosecute and defend custody matters because we have the experience needed to do so.Joint Legal Custody - Primary Physical to One Parent: Here, the residential custodial parent is the person with whom the child resides most often. The court in this case is not granting joint legal custody to parties who cannot agree, between themselves, and act in the best interest of the children but the court is saying that, because of the age or other reasons related to the child, one parent is more active than the other relating to the child's physical presence.Shared Parenting: This arrangement is appropriate in situations where people who work extremely well together, live in close proximity to the other and may have unique schedules that rely on cooperation from the other parent. In this arrangement, the parents share - to some degree - the time. Based on the specific agreement, each also has joint decision-making powers. Both have appropriate homes for the child or children. We often relay the shared parenting arrangement to clients as similar to that of a business partnership. Each parent has rights and responsibilities that are laid-out, in writing, just like partners would in a business venture. No matter which arrangement works best for you, it's likely that you'll have a Parenting Plan that outlines rights and responsibilities. It's important to include the best phrases when you draft your agreement.

View the original article here

Wednesday, December 22, 2010

Child Custody Arrangements

The most important aspect of child custody disputes is the child. Child custody arrangements need to provide a situation that causes the least amount of stress for the children involved. This is very difficult, as divorce itself is traumatic for children. Steps should be taken to ensure their sense of being safe and being loved.

Consider the Child

Child Custody arrangements must be made in order to suit the child's life, foremost. Many parents selfishly try to bend the children's schedule to fit their own busy lives. If there is a child custody battle, and the severed couple will be living in the same town, custody is mostly an issue of visitation rights. However, if the parents plan to live far away from one another, where the child is placed is of extreme importance.

Consider the age of the child. If they are very young, they may not mind being uprooted. If they are teens, they may need to remain in an environment where they have already forged strong ties and friendships. There is much to think about regarding child custody and visitation.

Seriousness of Child Custody Arrangements

Parents must carefully evaluate the needs and, to some extent, the desires of the children involved in a custody dispute. Custody arrangements should not be taken lightly. Children should be made to feel they have some stability in their lives.


View the original article here

Thursday, December 2, 2010

Child Custody

When a parent faces the unfortunate task of fighting for custody of their children, there are many factors to take into consideration. A child custody dispute can be a difficult, painful process. Being armed with the right knowledge can help.

How to Win Child Custody

One of the first things to resolve in any child custody situation is in the determining of what is in the best interests of the child. If a parent is abusive or unfit to care for their children, then this is a good case against that parent being given the rights to any kind of custody. Being able to back up a case against a parent who may be unfit with proof or eyewitness testimony is essential.

If parental fitness is not an issue, and both parents are equally able to care for a child, the best interests of a child should also take into account the need for the influence of both parents in their life. Studies have shown that children from broken homes are more likely to lead normal, happy, well adjusted lives if both parents have an equal role in their upbringing.

Knowing What is Best

Once it's been determined what is best for a child, the next step is in taking legal steps to resolve the proper custody arrangements. Again, making sure what is being done is in the best interests of a child, is far more important than personal feelings.


View the original article here

Sunday, November 28, 2010

Child Custody – Strategies to get Your Visitation Order Revised

Most people assume that once a child custody order has been adopted by the court, it is final and cannot be changed. The fact is that any and all orders can be changed. Lets take a look and see how and why. Once child custody orders are adopted there is often a clause that states ...

View the original article here

Thursday, November 11, 2010

North Carolina Child Custody Laws

North Carolina Child Custody Laws are very complex, and involve many procedures which have to be followed if someone is going to properly file a child custody case. Failure to meet these guidelines in even the slightest way will result in a parent being denied their plea.

How to Deal with North Carolina Child Custody Laws

Unless you know you are working with a highly skilled, knowledgeable attorney who can navigate through the incredible amount of red tape that North Carolina child custody laws demand, the best bet is to avoid going to court at all. In fact, only rarely do child custody disputes ever make it to the courts in North Carolina.

The judicial system of North Carolina, and most attorneys will prefer to settle matters of child custody out of court. Extreme efforts will be taken to see to it that the parents work things out between them in an amicable fashion. Only under certain circumstances, where the well being or life of a child may be in jeopardy, will the issue be taken before a judge.

Avoid the Courts

We all know how frustrating it can be to deal with an overly complicated, and unfortunately, often ineffective bureaucracy. That's why if you're a parent seeking child custody in North Carolina after a divorce, you should take whatever steps are necessary to settle the matter between yourselves.


View the original article here

Monday, November 1, 2010

Ohio Child Custody Laws

Ohio child custody laws take the best interests of the children into account when deciding any kind of child custody issues in a divorce settlement. As such, joint custody of children by both parents is not necessarily a given.

Understanding Ohio Child Custody Laws

Although it is more favorable to have equal child custody rights over their children, this is by no means a guarantee. An abusive, and/or negligent parent, or one who is addicted to illicit substances will be denied parental guardianship. Also, the parent's ability to support their children is a major consideration. If a parent isn't working, or if providing proper care for a child is beyond their physical, mental, or financial means, the parent who does have those means will be favored.

Children's Wishes

In some cases, a judge will listen to a kid's wishes when deciding a child custody case. But in general, this is a difficult way to get an accurate picture of what will be in his or her best interests. After all, parents can coerce their children into saying whatever they want, or sway an opinion by bad mouthing the other parent. A judge will usually conduct a private interview with a child to determine how much weight should be given to their expressed wishes.

Again, Ohio child custody laws only want what is best for a child in the long run. Deciding which parent is most fit to be the primary guardian of their children is no matter to be taken lightly. Ohio is very strict in child custody matters.


View the original article here

Sunday, October 31, 2010

Pennsylvania Child Custody

Pennsylvania child custody laws take into consideration many factors if you are a parent engaged in some kind of child custody action. So you can be more aware, here are some of the legal matters to consider.

Pennsylvania Child Custody Issues

As with most other states, the matter of which parent will care for a child is decided on a case by case basis. One of the custody factors to be aware of is legal custody verses physical custody.

Physical custody involves the everyday caring for of a child. This can include matters such as seeing to the child's health, welfare, and discipline. Legal custody on the other hand refers to all the major decisions in a child's life. These can include matters such as what schools the child will attend, what religion they will follow and be educated in, and what to do in the event of any kind of major, emergency medical situation regarding the child in question.

Pennsylvania Policies

In settling a Pennsylvania child custody matter, the first step is in filing a suit in the Court of Common Pleas. After this, parents will be required to attend mediation counseling sessions to determine whether or not a child custody dispute can be settled without having to go to court. Only after it's been decided that no settlement can be reached, will legal actions then be taken.


View the original article here

Saturday, October 30, 2010

New York State Child Custody Laws

New York state child custody laws are based upon a "best interest of the child" approach. Within this frame, courts consider both parties seeking custody of the child. The strengths and weaknesses of both parties are considered. And the needs of the child or children are taken into account in a child custody battle.

Either parent may be qualified to rear the child. If both parents are filing for custody and a child custody dispute ensues, each parent's assets such as salary and will be taken into account. The court will weigh each side before deciding which party receives custody.

Re and Child Custody

Issues arise when custody has been granted and a parent decides to relocate. Re requests are considered on an individual basis, but in each circumstance, the best interests of the child are of foremost importance. Parental rights are also important, but are simply outweighed by the needs of the child.

Child Support and New York State Child Custody Laws

Child support is based on the income of the parent paying, the income of the parent to be paid, and the needs of the child involved. A child's needs include basic necessities such as food, shelter and clothing, as well as other pertinent requirements such as education and entertainment. New York state child custody laws take all these factors into consideration.


View the original article here

Thursday, October 28, 2010

Tennessee Child Custody Laws

Tennessee child custody laws take the best interests of the children into account when deliberating over any kind of child custody settlement after divorce. As such, joint custody of children by both parents is not always possible.

Navigating Tennessee Child Custody Laws

Although it may be preferable to have equal child custody rights by both parents, this is by no means a given. A parent who's abusive, negligent, or guilty of substance abuse can be denied parental custody. Also, the parent's ability to support their children is a major factor. If a parent doesn't have a job, or if providing proper care for a child is beyond their physical, mental, or financial means, the parent who does have those means will be given primary, or even sole custody.

A Child's Say

In some instances, a judge will listen to a younger child's input when deciding a child custody case. But this can be a difficult way to obtain an accurate idea of what will be in that child's best interests. Parents can persuade their children into saying whatever they want, or by bad mouthing the other parent. A judge will however give greater credence to the wishes or testimony of an older child.

Again, like all states, Tennessee child custody laws only want what is best for a child. Deciding which parent is most fit to be granted primary custody of their children is no simple task. Tennessee law will weigh many factors before coming to a decision.


View the original article here

Wednesday, October 27, 2010

One-On-One With A Dallas Child Custody Lawyer

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 ...

View the original article here

Since there is no Visitation Schedule, Is the Custody Order void? (Oklahoma)?

While researching my husbands divorce and visitation, we found out that the lawyer of his Ex did not file a visitation schedule, meaning none exists. When we found that out, I wondered about the "custody order", giving the ex full custody. When I called the court clerk, I found out that no actual custody papers ...

View the original article here

Tuesday, October 26, 2010

Only Your Wisconsin Child Custody Lawyer Knows Best

Every Wisconsin child custody lawyer knows that this is one of the cases where people are likely to do things that they have not done before or thought they are not capable of. With divorce and child custody cases not having the satisfactory results that they should have, parents turn to desperate means of getting ...

View the original article here

Monday, October 25, 2010

Virginia Child Custody Laws

Virginia child custody laws are very strict about making sure both parents understand and live up to their parental roles. Some interesting insights have come from the years of judicial experience in Virginia child custody cases.

How Virginia Child Custody Laws View Divorce

The main thing that the courts in Virginia emphasize is that no matter how much you may wish to have a former spouse out of your life, they will always be a part of your life as long as your children are minors. Children must see that their parents get along, agree on disciplinary issues, and that they are both still going to continue to play as active a role as possible in their upbringing

Parents are encouraged to place their personal feelings towards one another aside where the kids are concerned. A child should never be made to resent a parent, as this can lead to severe emotional problems for them down the road. Parents should always make sure their children have a positive view of both their mother and father.

Not Their Fault

Finally, Virginia child custody laws encourage parents to make sure their children understand that the reasons for a divorce have nothing to do with them. It's very natural for children to feel guilty, or think they somehow are responsible for parents splitting up. To make sure child custody matters like this don't psychologically scar a child, both parents must go to great lengths to reassure, and most of all, be as loving to their children as they can.


View the original article here