Friday, July 13, 2012

Child Support Help for Fathers: Guide to Hiring a Lawyer

As almost half of marriages end up in divorce or separation and as almost a quarter of the kids' population are born to unwed parents in the United States, child support issues are quite rampant in the country. Since in most cases custody is given to the mothers, the fathers would be the one required to give financial support by the state family court. This is why child support help for fathers might be needed in the form of legal counseling. It would be hard to resolve issues regarding this matter without help from a lawyer. Even filing something such as a modification of the amount of the support you need to pay would need the assistance of the lawyer.

Reasons to Hire a Child Support Lawyer

There are several benefits as to why you should hire a lawyer when it comes to dealing with child custody and support, such as the following:

• The lawyer can do the research work for you. Each case is unique and you need to investigate your case more. There is also the daunting work of getting all the forms that you need, the cost of filing, and more issues. Instead of spending a lot of time without even knowing if you are dong things right, you can hire a lawyer who would know how to find the right answers to your concerns.

• The lawyer can help you save money. If the other parent is asking for more support, you might want to ask for legal advice as to how you are going to ensure that the changes will still be fair to you. It is also important that the amount you need to pay is still within your means. You have to remember that failure to pay child support might have legal repercussions.

• The lawyer can save you time. The legal expertise of the lawyer can help settle any issue regarding providing for your child's needs quickly.

• The lawyer can review all the documents that you need to submit and receive. The lawyer can give you all the forms and documents that you need so there will be no problems with the process, such as the lack of signatures or missing information.

Choosing a Good Lawyer

There are certain factors that you need to evaluate first to find a good lawyer including the following:

• Experience. It is enough that you are going through a lot of trouble with your divorce. You don't need another problem regarding your child, which is why you need a lawyer who specializes in child custody and support services. A family lawyer can help you make sense of legal matters such as child support, visitation rights, joint custody, divorce cases, relationship breakdowns, and more.

• Knowledge. The lawyer you should be knowledgeable of all cases related to child support. It is important that the lawyer knows a lot about laws and formalities. He should also be qualified to work in your jurisdiction. The more knowledgeable and experienced your family lawyer is, the more chances you have of winning the judges over.

• Track record. The lawyer should have a good rack record of getting his clients the amount that they want or help them get more visitation rights.



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Tuesday, July 10, 2012

The Best Free Legal Advice on Child Custody

One of the hardest issues to resolve in a divorce settlement is child custody. Both parents would wish to earn the court's favor, so the child could grow up with him or her. However, this is a daunting task, especially if you are not familiar with the best legal tips to consider concerning earning the favor of the court. Fortunately, some lawyers are kind enough to share legal advice pertaining to this matter.

Important Child Custody Considerations

  1. Child Custody Attorney
    There are many types of attorney offering their services to the public. However, you need to choose a child custody attorney if you wish to gain higher chances of earning winning the case. These lawyers are more knowledgeable of the best techniques, approaches, and child legal advice that can be used for the court to grant custody to you rather than the other party.

  2. Diligence is Key
    Your child custody attorney can only be great in court if you will feed him with the necessary information. Be an active participant of the case. Get yourself involve. Do the necessary research and perform the steps he recommends to thoroughly prepare you during the child custody hearing. Your credibility in the eyes of the jury will have a great impact on the case results. You have to show them you are more than capable of rearing the children. If this is successful, then you can relax at your chair while waiting for the jury to reveal their decision.

  3. Practice Self-Control
    It is possible for you to learn infidelity cases from the other party. It may trigger you to lose control resulting to actions that may aggravate the case against you. The other party may be researching of evidences to disprove your capacity to become a responsible parent. If you allow them to use this sudden loss of temper as ground against your capability as a parent, then you are most likely to rest on the losing end. Therefore, the best child legal advice is to keep your calm and always think with reason.

  4. Knowledge of State Laws
    Every state has its own rule associated with child custody. While waiting for your lawyer to prepare the best defense in favor of your request, you may browse several free legal advice child custody for your state. Read as much information about child custody tolerated in your area. Use this as a guide to easily earn the favor of the court. Keep it in mind and you will soon embrace your children for good underneath the same house.

  5. The Power of Inquiry
    Be pro-active. Inquire about legal terms that sound unfamiliar to you. If wish to share new information to your lawyer, then feel free to approach him or her about these. You may be victim of domestic violence and use it to discredit the claim of the other party for custodianship. Prepare the necessary documents and witnesses that will help prove this claim. Discuss this matter with your child custody lawyer and develop a powerful plan that will secure the victory of your case.

Knowledge is key in defending your child custody in court. However, free legal advice child custody from the best lawyers in your State will help you succeed easier. If you do not have sufficient money to pay for a private lawyer, then you are always free to contact Legal Aid from your State for assistance. You may also refer to free legal clinics for the best legal advice that can be used for your case.

Fight for your rights! Be informed and win the child custody case so you can grow old together with your children.



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Saturday, July 7, 2012

5 Facts About Divorce and Child Custody

Divorce is a trying time for anyone, but few suffer more than children caught in the middle of a marital dispute. You would do anything for your child, and you can not bear to be away from him or her. If you are in the middle of a divorce, you may be apprehensive about your former spouse requesting full custody of your children. Here are five facts about divorce and child custody that can help ease the already massive strain by allowing you to understand the custody process.

1. Best Interest

In any custody dispute, divorce courts use a legal standard that places priority on the "best interest" of the child, based on a judge's subjective summation of each parent's health, emotional state, and ability to provide care, guidance and resources. In cases where one parent is not clearly favored over the other, the court will decide based on each parent's ability to provide a stable environment. In the case of very young children, this might mean giving custody to the child's primary caregiver. In older children, it can mean the parent who is best able to provide educational, communal, and religious resources to the child.

2. Multiple Custody Options

"Joint" or partial custody is one of the most frequently awarded types of custody by divorce courts. Joint custody can take several different forms. For instance joint physical custody means that the child spends significant time with each parent. Legal custody means that parents share responsibilities in making major decisions in the child's life, such as choosing medical treatments, deciding on the best educational opportunity for the child, and decisions regarding the child's religious affiliation. Parents who are willing and able to work with each other to share custody frequently arrange a custody arrangement that serves all parties' best interests.

3. No Preference Between Mothers and Fathers

In the past, most state divorce courts had in place a "tender years" requirement that meant custody of a child under the age of five would be awarded to the mother. This has since been rejected in nearly every state. Now, the courts will examine the fitness of both parents before making a decision. There is a gender stereotype that women in general have more time and a greater inclination to properly care for the child, but fathers who seek custody should not let this stand in their way.

4. Visitation: Reasonable and Fair

Even if a parent does not hold physical or legal custody of the child, the parent can often gain visitation rights to see their child in a manner that is 'reasonable' and 'fair'. Generally, the parent who holds custody is free to determine what is reasonable or fair, so it is in both parents best interests to cooperate and make sure the child has sufficient time with each parent.

5. Parenting Plans Can Help

Divorce is hard, but you might be able to minimize the impact to your child, and minimize your own stress by having a detailed plan for custody and visitation. Understand that no matter what happened between you and your former spouse, your child should come first. Cooperate to create a detailed parenting plan to minimize disputes and ensure custody and visitation is fair to all parties involved.



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Friday, June 15, 2012

Helping Your Kids Cope - Navigating Divorce With Your Child Custody Lawyer

Divorce is one of the toughest decisions one in every three American couples will have to make. The decision to end a marriage can be a complicated ordeal, especially when there are children involved. Sometimes parents try very hard to resolve their issues and process feelings through options such as therapy before pulling the plug on matrimony. Sometimes both parents agree that it's time to end a marriage, and sometimes one partner desires the separation more than the other. When sorting through these issues, it is very important to keep the children's well-being and happiness in mind. This is where a child custody lawyer can help.

Divorce is a very difficult occurrence for children to process emotionally, especially when one parent leaves the house where the children are raised. Many children have mixed emotions about wanting their parents to stay together or not, especially if they are aware that their parents haven't been happy in a long time. It is very important that your children know that they did not cause your divorce. Some children take this burden upon themselves, and firmly believe that if they had only tried harder, done better in school, and behaved better then their parents would still be together. Instead of blaming themselves, some children make it their personal mission to bring their warring parents back together. However, this method is equally ineffective and emotionally unhealthy for the child. Other children take the "problem child" approach and cause as much of a ruckus as possible at home and at school just so their parents will have to come together and co-parent to deal with the resulting issues.

With divorce comes many changes to you and your child's life. Some of these changes could include moving to another house, city, or state, splitting time between individual parents, and changing schools. Both parents will seek out a child custody lawyer to help resolve issues such as living arrangements, custody agreements, and visitation rights. Directly after these changes are enacted, day-to-day routines can feel disrupted. After time passes, hopefully a routine will emerge that works for both parents and the children. When two adults separate, finance dynamics within the family can change drastically. If one parent was not accustomed to working full-time before the divorce, he or she might have to find work to help pay for rent or mortgage on a new place, or fees for a child custody lawyer.

One way to manage your children's expectations and emotions during this trying time is to keep a cool demeanor. If both parents cannot communicate effectively without yelling or fighting, how can the children be expected to handle the divorce well? It is best if a truce is called on matters directly concerning the kids. The last thing parents need during a divorce is their child feeling as though she or he must pick a side. If two parents are beyond reconciling matters peacefully, it is best that professionals such as therapists and child custody lawyers step in to aid in matters.



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Tuesday, June 12, 2012

How to Create an Effective Custody Agreement and Visitation Schedule

If you are in the middle of a custody suit, you will be asked to create a parenting plan or custody agreement for your child. You will be legally obligated to abide by the rules set forth in your custody agreement once it is approved by the judge. The only way to legally change the terms of your custody agreement will be to return to court and argue your case before a judge.

Returning to court can be expensive and time consuming. If you want to avoid this inconvenience you should do everything you can to create an effective custody agreement the first time around.

Your custody agreement should address the legal custody of your child. Who will ultimately be responsible for making major decisions for your child? You can assign decision making authority to each, either, or both parents. These decisions include your child's education and medical care. Basic decisions such as what your child will eat for breakfast are generally determined by the parent who is physically caring for the child at the time.

Your custody agreement should address the physical custody of your child. Where will your child live? You will need to create an effective visitation schedule that gives your child the proper amount of time with each parent.

Your visitation schedule will need to address the holidays and vacation time in addition to a general parenting time schedule. Holidays take precedence over the regular visitation schedule. Children should be given a more equitable amount of time with each parent for holidays and special occasions. Some parents opt to take turns having the child every other year on the various holidays but you may create the holiday schedule as you see fit.

Your custody agreement should contain provisions to help you resolve problems and make modifications to the plan without returning to court. You should include methods for periodically reviewing the plan, making changes to the plan, and dispute resolution.

Your custody agreement should contain additional provisions that address potential sources of conflict and resolve them. Transportation, communication, optional expenses, the child's belongings, and how medical bills will be paid are just some of the topics you may want to consider including in your plan.

Once you have created a proposed parenting plan, you will need to work with the other parent to reach an agreement. This will require patience and compromise. If you want your custody agreement to be effective, both of you are going to have to agree to the terms of the agreement. Reaching an agreement is in your best interest and is in the best interest of your child.

If you are unable to reach an agreement with the other parent, your custody arrangements will be created for you by the judge or another officer of the court. Allowing the court to decide your child's fate creates conflict. Neither one of you may be happy with the terms of the assigned agreement. This could lead to arguing with each other for years to come. You really need to set your feelings aside for the sake of your child in order to make an effective visitation schedule and the best possible custody arrangements for him or her.



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Monday, June 11, 2012

Child Support: Getting The Money You Deserve

Taking care of your children without the benefit of child support is difficult. The expense that children accumulate is often overwhelming including their medical bills, school costs, and even the food and clothing they constantly require. Instead of trying to take on the burden alone, it is important to track down the other responsible parent and seek out financial assistance. There are a variety of different local agencies and attorneys that are willing to work with people looking to track down the non-custodial parent and financial assistance.

Locate a Local Agency or Law Firm:
Each state has different agencies that work with individuals seeking child support. In these situations, a claim is filed and the non-custodial parent is tracked down. Before going down to the agency, consider looking up the necessary information or making phone calls to learn more. There is a good chance that you may have to wait in line before seeing someone about your situation. You want to be prepared and have all of the information you need upfront.

If you already know this person's name and his or her whereabouts, it makes the search a little easier. The more details you have the better including the person's phone number, address, last place of employment or even a social security number. If you are working with a child support attorney, this information will be turned over to the firm.

Proof of the Child's Existence:
It may seem strange but you must be able to prove that you have children that are the subject of the child support claim. While bringing them to the agency or law firm is great, you will need to be able to show a birth certificate and a social security number. If the birth certificate has the name of the non-custodial parent, there is a good chance that your financial claim will go through. If the man is not mentioned on the birth certificate, there are still ways to prove paternity and responsibility.

Going to Court:
While ideally people want to handle these things outside of court, sometimes there is just no way around it. An agreement must be reached between you and the non-custodial parent with the help of a legal representative. The agreement should be legally binding. There are times when a question will arise about whether or not the non-custodial parent is actually the father. In this case, the potential father and the children will need to undergo DNA testing to find out for sure.

Receiving the Funds:
Once the court orders child support, there is no guarantee that you will receive the money. In fact, many parents find that they need to work with enforcement agencies to receive the funds. In some cases, the non-custodial parent will have wages garnished in order to live up to the financial agreement.



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Wednesday, May 30, 2012

Basic Visitation Schedules and Custody Agreements - Finding Common Ground

You are getting divorced for a reason. Creating a "custody agreement" may seem daunting as you probably haven't been able to agree on much for a while. You may want different things when it comes to the custody of your child. In order to reach an agreement, you are going to have to find common ground.

If you are good parents, both of you will want what is best for your child. This can serve as the "common ground" you need to base your parenting plan on. You should try hard to put your personal feelings aside and try to create your agreement in a professional and objective manner. What YOU want-what your ex wants-these things don't matter. What matters is that your child is able to spend time with both parents. Your child should feel secure and loved. Your differences should not have a negative effect on your child.

You may want to start with a basic visitation schedule. Your child should be able to spend time with each of you on a frequent and ongoing basis. You will need to consider your work schedules and create a visitation schedule that makes the most of your available time. It makes absolutely no sense for "visitation" to occur if a child will be sitting in daycare or home alone during the "visit". In fact, when feasible, it is better for a child to spend time with a parent than with an alternate caregiver.

One thing you should not consider when creating your visitation schedule is child support. Too often, parents fight and battle each other in an effort to get more time with their child because the amount of time a parent spends with the child may affect child support.

A parent may try to get full custody of the child in order to avoid paying child support or a parent may attempt to get full custody of the child in order to receive more child support. Judges encounter this situation day in and day out and see right through it. This selfish thinking just prolongs the custody case and causes unnecessary stress on the parents AND the child. Create your schedule according to your child's needs and what is best for her. Let the judge worry about child support.

Your basic custody agreement will include the visitation schedule as well as rules and provisions for raising your child. Who will be responsible for making decisions regarding the child's health and education? Who is going to transport the child for visits? How will you change the plan if circumstances change in the future?

Your custody schedule should provide answers to all of your questions and address all of the issues you are having or may have in the future. You will include a new provision in your plan for each question you answer. Start with what you can agree on and go from there.

Mediation is a great resource to help you reach an agreement. However, you should never walk into mediation unprepared. You don't want to get in there and freeze up and forget things you wanted to include. Prepare a proposed parenting plan or bring a list of requests. Give valid reasons for your request and be prepared to listen to the other parent and make compromises.

Anything you do not agree on will be decided on by the judge so it is advisable to try to work together and reach an agreement for the sake of your child.



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