Child Custody Arrangements Can Turn Ugly

By Hersey Richards

If you are a father who pays child support and you have visitation rights your rights can not be taken away by anyone but a judge. If your child's mother is trying to stop you from seeing your child because you have fallen behind on your child support payments you could press charges against her. Child custody cases can turn very ugly if everyone does not do as they should.

When you pay support the mother is suppose to use that support to help support and raise your child. The support you pay is suppose to go towards the child's needs. These needs can be things like clothes, food, school, and housing. If you are behind on the support payments the judge will not take your visitation away from you. They judge wants you and your children to have time together.

The courts want to see a father and his child spending as much time as they can together. Sometimes it can feel as though the system is working against you instead of for you but remember the courts are only trying to help you. In child custody cases fathers usually have a hard time.

If you have taken a pay cut and are spending more time than before with your children you need to ask the courts for another hearing about child support so that you can try to get it lowered. After your divorce and child custody case has been settled you need to keep a copy of the visitation papers with you.

As long as you have your papers showing what days you are suppose to pick up your child their mother can not stop you. If she will not answer her phone or open her door for you to get your child all you have to do is take a police officer with you.

She is required by law to give your child to you. If she does not hand your child over to you and you have to bring the police with you then she will be ticketed by the police and have to go before the judge. The judge could become very upset with the way she is trying to make these decisions about you and your child that he has already made. She could end up losing custody of her child.

Some fathers feel that child support is a payment they have to make each month. In honesty child support is money you pay to help take care of your child because you love them and it is the right thing to do. If you and your child's mother were still together you would be supporting you child.

Why should it be any different after the divorce? Even though you do not live with your children and wife is no reason not to take care of your children. Try to spend as much extra time as you can with your children and support them no matter what in all things financial and emotional. They will thank you for it when they are grown.

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child custody cases are horrible when everyone doesn't do as they should. We've got the real inside scoop on all custody matters including child custody issues, fathers rights child custody, and unmarried child custody

Las Vegas Child Custody Lawyer

By Stephen Daniels

Child custody cases are difficult, expensive and emotional, both for clients and their lawyers. Child custody lawyers should be experienced enough, compassionate enough, and tough enough to either negotiate or litigate the easiest as well as the most complex in contentious custody cases that are pursued in Las Vegas, Nevada. Mullins Law Firm for over twenty (20) years has proven it can efficiently and aggressively handle these complex cases on behalf of their clients.

Child custody law in Nevada has undergone dramatic changes as a result of legislative and Nevada Supreme Court decisions.

* There is no longer a tender years doctrine. Mothers are no longer automatically preferred custodians, but have to prove their fitness just as fathers do.

* Nevada law has changed to favor joint legal and joint physical custody arrangements between parents, where the parents have an equal role in child rearing after divorce or separation.

* Non-custodial parents no longer have to settle for a simple every other weekend schedule. Parents are being required to alternate weeks, or divide the weeks equally, unless they can prove why joint physical custody is not in the best interest of their children.

* Las Vegas Child Custody lawyers have to be sharp enough to quickly analyze the given facts to advise their clients about whether to settle for joint physical custody or fight for primary custody. A recent Supreme Court decision has determined a parent having 40% of custody time qualifies as a joint physical custodian.

* Based upon the decision between primary custody and joint physical custody, parents have to deal with changing legal standards. And their decision impacts the amount child support, relocation issues, where the child attends school, tax deductions and other important parenting issues.

* Parents no longer have to have "equal time" to be considered joint physical custodians.

* Complex factors have to be presented to the Court to facilitate a wise decision to serve the best interest of the children, while not destroying the family.

For instance the "best interests of the child" standard is still the paramount consideration of the Court in Las Vegas Child Custody cases; but sometimes the best interests of the child conflict with a parent's best interests. If the parents share legal and physical custody jointly, there is still child support to be paid by the parent who earns more than the other. The relocation to another state standards change based upon whether the parents share joint physical custody or whether the moving party has primary physical custody. In Potter v. Potter the Nevada Supreme Court decided to make it extremely difficult for a joint physical custodian to relocate to another state without parental consent. With primary physical custody, a parent can more easily relocate.

Custody lawyers need to know how to advise clients and present custody cases to the Court to help their clients prevail. They should know the nuances in the law, and the individual preferences of the judges on how cases should be handled and presented. Joint physical custody is easier to get, but it impacts child support and even school issues. Parents sharing physical custody who do not live in the same area of Las Vegas often cannot decide which school the child should attend.

The Nevada Supreme Court in the Rivero v. Rivero decision has further complicated the distinctions drawn between primary and joint physical custodians. Child custody lawyers unfamiliar with the nuances of these recent changes in the law can make litigating a family court case difficult for all parties involved. At Mullins Law Firm we emphasize making sure our clients are informed, and that our cases are prepared, so as to ensure the best chances of serving the children's best interests, be it through settlement or litigation.

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Mullins Family Law offers seasoned legal advice in the areas of divorce, family law and child custody related cases with over 40 years combined legal experience. Mullins Law Firm has handled cases in front of the family court,district court and the Nevada Supreme Court. This article powered by SEO 2.0 Services

Fathers Custody Rights - What Does Visitation Rights Mean?

By Dwight Lewis

If you and your spouse are getting divorced or separated and there are children involved the most important task ahead of you is to decide concerning issues such as custody and visitation. Divorce breaks the bonds between husband and wife, custody breaks the bonds of parenting. It is imperative for to understand that has a right to an ongoing relationship with each parent.

Even though the trend is changing, it is true that the usual judicial attitude about awarding custody most often favors women. Many judges still feel that women are naturally better at mothering than fathers are at fathering, and these judges will always show a bias towards the mother. However, with the changing of socio-economic structure of contemporary society, fathers are starting to be recognized as having a parenting role. When a father has been given visitation rights these rights must not be interfered with.

The best case scenario is where the parents co-operate with each other to give the children lots of time with each parent. However, as is often the case, this ends in the parent who doesn't have custody, which is often the father, getting very little visitation time with his children, and many angry disputes about delayed visits and children not being ready on time. To offset such problems, many judges order the parents to devise a fairly detailed custody schedule (known as a parenting plan or parenting agreement) which sets out the visitation schedule and outlines who has responsibility for decisions affecting the children.

If you and you ex have already created a custody schedule that has formed part of the official custody decision then your visitation rights are protected by law and can be enforced by the court. Although it is reasonable that there may be various times that visitation time might need to be adapted, such as when someone gets sick, or certain appointments need to be made, or other special circumstances regular interference with visitation can even be cited as an argument that there is a change in circumstances which can lead to a modification of the custody schedule. In some states it can even be grounds for giving custody to the parent who has had their visitation rights interfered with.

To begin with, visitation schedules are simply trials. Either spouse does not know what the future will hold as far as how their parent child relationship will develop. Very often the needs of parents and children mean that the parenting plan is often modified without going to court. If one parent, however, later reneges on the agreement, it may be difficult for the other parent to enforce the modified agreement because it hasn't been ratified by the court. So it is generally advisable to obtain court approval when modifying custody or visitation terms.

If you are the non custodial parent make sure your parenting plan is very precise and detailed in when, where, and how you are allowed to spend time with your children. In most states, it is a crime to interfere with custody or visitation rights. This crime is commonly referred to as "custodial interference." The wronged parent can get assistance from law enforcement officers and can even sue the other person for damages if their custody rights are interfered with.

Some fathers make the mistake of holding back their child support payments because the mother has stopped him from seeing the children on occasions, or has made it difficult for him to spend time with them. Please don't confuse custody and visitation with child support. Despite what the mother may do, you must always pay child support. There are heavy penalties for failing to do so. Every parent has an duty to support his or her children.

One important study discovered a telling relationship between custody and visitation plans, degrees of conflict and the payment of court-ordered child support. Fathers tended to continue paying child support in situations when they had frequent daytime visits and overnight stays with their children. , the less likely they were to keep paying child support.

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In some situations, one parent may use visitation as a tool to get back at the other parent. Even the smallest detail, such as transportation, can be utilized as a manipulative weapon. Visit Child Custody Information for detailed information on how child custody schedules can protect your visitation rights.

Understanding Joint Custody Under California Law.

By Jon D. Alexander, Esq.

My name is Jon D. Alexander, Esq. and I am an Orange County, California Divorce Attorney. This article is the fourth in a series outlining the divorce process in California. Please be aware that this article is not intended as and should not be relied upon as legal advice or as the creation of an attorney-client relationship.

Under the California Family code the following are defined (found generally at fam. Code. 3000 et. Seq.): (1) Joint custody is equivalent to joint physical and joint legal custody both together; (2) Sole physical custody means the child resides and is supervised by one parent, and visited by the other; (3) Joint physical custody means each parent has significant times of physical custody. The important policy goal regarding joint physical custody is frequent and continued contact with both parents.

The authority to determine the rights of the children in Sole legal custody vs. joint legal custody is quite different. Where sole legal custody is awarded, one parent will decide the health, education and welfare rights ("HEW" rights) of the child. And where Joint legal custody is ordered both parents will decide the HEW rights.

Joint legal custody is explained in Family Code section 3083. In California, there is no preference between joint custody and sole custody. This decision is left to the judge's discretion. With Joint legal custody both parents can decide HEW rights but only to the extent that the decision does not violate a court order, or is inconsistent with the other parent's physical time with the child (unless permission has been authorized by the court).

The court will identify where the consent of both parents is mandatory. This will not change joint legal custody. This power is reserved to the court, but the default rule is that either parent can take an action without consulting with the other unless they violate a court order without permission from the court.

Joint legal custody is often ordered without joint physical custody. To understand and analyze how joint legal custody will work a pro/con chart can be drawn up to illustrate the situation. In the left column the category should be labeled "both must agree" and the right column should be labled "either may decide."

Be aware, however, that in joint legal custody, every decision (generally) is under the "either may decide" category. The parents can discuss which issues will, through a stipulation or court order, be placed in the "both must agree" category. Here are some examples of "both must agree": emancipation, discipline, dating, and other related issues.

Administering Joint Legal Custody and making it work boils down to one issue: whether the parents can get along well enough to reach mutually agreeable decisions. Joint legal custody isn't synonymous with "joint custody."

True joint custody is joint legal custody and joint physical custody. There can be joint legal custody without joint physical custody. This means the joint legal custodian has the same rights and powers to decide the HEW rights just as the "physical custodial" parent.

Family Code Section 3011 outlines the factors to determine which parent will be awarded legal custody rights. The phrase "best interests of the child" is the court's general rule when awarding joint legal custody. In California a court can order joint legal custody even if one party disagrees with it. In fact, the court has the power to award it even if both parties disagree

So, what does "best interests" mean in this custody context of section 3011? A few important factors have developed: (1) The Health and safety of the child. If there are risks to the child's health, safety and welfare under a contemplated custody order, the order won't be issued; (2) Any history of abuse by one parent or any other person seeking custody against the child or the other parent. Here the court may require considerable, independent supporting evidence. In fact, if abuse allegations are made, the court must make a ruling on the allegations if it orders joint legal custody. For example, if the court orders joint legal custody it must speak to the allegations and describe why and how it determined the submitted evidence of abuse was not convincing; (3) Amount of contact with each parent, "Frequent and continuing contact." This factor turns on the question "who is better able or most likely to share the child?" This is the most important and frequently used factor. Just like it sounds, courts will identify and determine which parent is more likely to comply with court orders and share custody in order to carry out the policy behind custody arrangements which is, of course, allowing children to spend time with both parents; (4) Substance Use and Abuse. Alcohol or other drug abuse by a parent will substantially prejudice their ability to obtain joint legal custody.

In my next article, I will explain how abuse figures into child custody proceedings and I will identify the primary family law code sections governing this subject. In the meantime, if you have any divorce or family law related questions please contact me at your convenience. You can reach me directly at my website linked below or you may email me Jon at oc-familylawyers.com.

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Child Custody Mediation: Is it for You?

By Dianna Nelsun

Divorced parents who disagree on custody issues may find themselves involved in a long and costly court battle. This may seem unavoidable because the parents can't get their agreement worked out. This doesn't have to happen though. These parents may benefit from child custody mediation.

Child custody mediation is when the parents sit down with a neutral third party and try to come to an agreement about their custody case. Custody mediation can provide help for parents involved in a bitter custody battle or for those who just want a smoother case. Here is some information about custody mediation so you can decide if it is right for you.

There are various places to seek custody mediation. There are many private mediators who you can contact to sit down with you and your child's other parent. Sometimes the court will offer mediation services that you can try. In fact, some courts mandate that parents go to mediation before appearing in court.

If you and your child's other parent go to mediation, you will meet with the mediator and go over your custody agreement. The mediator will help the parents decide what is in the child's best interest. This is beneficial because the parents can really focus on making decisions for their children and not get caught up in personal issues between them.

The mediator won't take sides so that either party feels attacked. The mediator should lead a calm, rational discussion where both parents can discuss what is best for the child. This can be helpful because the mediator will keep the parents on track to discuss the children so other issues don't come up.

In mediation, parents can create a custody agreement that is fair to everyone involved. The mediator will guide the parents to come up with a workable custody and visitation schedule and to work through other custody issues. This can take away some of the entrenched anger in a custody case and can allow the parents to move on to enjoying time with their children.

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Custody Information You Need to Know

By Dianna Nelsun

Many divorced parents have a high learning curve when it comes to child custody. This is because they have never had to deal with the topic and all of the information is new. It can be frustrating to try to figure out everything that goes on in custody cases.

One of the first things a parent has to learn in child custody are the terms and the vocabulary. There are many phrases used in custody that a parent has to know about and comprehend. To help those who are just starting out in custody, here are some of the frequently used words and phrases and their meanings.

1. Parenting plan. This is also called the child custody agreement. This is the agreement that the parents create to establish the plan of their custody arrangement. The agreement has the custody situation agreed on and the custody and visitation schedule which shows when the kids are with each parent. There will also be a holiday schedule and any other provisions the parents want to include. If the parents agree on the custody issues they submit their agreement to the court. If they don't agree, the court will hear both parents speak and then decide on the agreement.

2. Joint custody. This is also called shared parenting and co parenting. There is joint legal custody and joint physical custody. In this custody arrangement, parents share the responsibility of raising their children. In legal custody, both parents have a say in important decisions about the children. In physical custody, both parents have equal time with the kids. This is different from sole custody where one parent makes the decisions for the children and has custody of them.

3. Child custody forms and filing for child custody. You fill out papers concerning child custody and then you file them with the court--the same court where you file for divorce. You have to fill out papers to get the custody case started and so a judge will decide on your case.

4. Custody mediation. Mediation is a tool used by divorced parents so they can meet together and make a custody agreement that they both like. In mediation, the parents sit with a third party who can help them make important decisions about the children and keep the parents focused on the issues on hand.

5. Family court and your custody order. Family court is also commonly referred to as custody court. In family court you either show the agreement you and the child's other parent have made and the court adopts it into an order (a document that makes the agreement legal so parents have to abide by it) or the parents present their cases and the court creates an order.

Knowing the common terms and words in custody is a good start for a divorced parent. This is a foundation for figuring out everything that you have to get done. Once you know what everything means you can move on to creating your agreement and getting it through the courts.

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Creating Child Custody Schedules

By Dianna Nelsun

The task of creating a custody schedule can be overwhelming for divorced parents. It can be an arduous challenge to figure out how much time the child will spend with the parents and when that time will happen. It can turn into a massive project of day counting, rewriting, and figuring out details.

The child custody schedule is also one of the most important things in a custody agreement. This is the document that outlines the time the child has with each parent. It's important that the parents work through the challenges of creating the custody schedule so they will be happy with the end result.

Parents can choose between many custody schedules. Many parents decide to adopt a joint custody schedule. In this schedule, both parents get about the same time with the children.

Similar to the joint custody schedule is a fifty-fifty shared schedule. This is when each parent gets fifty percent of the time with the children. A common sample of a fifty-fifty split schedule is the parents alternating custody every other week.

Sometimes the parents want to have equal time but the child needs to live primarily at one residence during the week because of school. There are ways to accommodate this. One way is to give one parent custody during the weekdays of the school year. The other parent gets time on the weekends and then gets more time during summer, winter, and spring break. This can even out the time.

The custody schedule includes the basic rotation of custody. Some samples of this are one parent having primary custody with the other parent having custody every other weekend, one parent having primary custody and the other parent getting several overnights in the month, and one parent having primary custody with the other parent getting every weekend and other visits or overnights.

The schedule also includes the custody time for the holidays. The mother and father usually split the holidays between them. Then they alternate the years of the holiday. It's important for the mother and father to both have major and minor holidays.

You can get through the difficulties of creating a child custody schedule by taking it one step at a time. Once you and the child's other parent are satisfied with the schedule it will all be worth it. Then you can focus on enjoying the time you have with the children.

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Joint Child Custody Agreements

By Dianna Nelsun

What is joint child custody? How does it differ from other custody arrangements? Will it work for your situation?

These are just some of the questions parents have about joint custody. Many people have heard the term, but they are unfamiliar with the particulars. Here is some information about joint child custody so you can decide if it is right for your situation.

When people say joint custody they could be talking about joint legal custody or joint physical custody. In legal joint custody, the parents both have the legal authority to make decisions for their child. This includes decisions about where the child will go to school, what religion the child will participate in, the medical care the child gets, and other issues. Parents may choose to have joint legal custody without joint physical custody.

Physical joint custody means that the parents work together to provide physically for the children. This means that both parents spend time with the child and also have a home for the children to live in. The parents usually split the time with the children so each parent has fifty percent of the time with them.

Parents have to communicate with each other regularly in joint custody. There needs to be clear communication about picking up and dropping off the children--because there is a lot of switching back and forth. Parents also need to be very organized because it can be easy to get a joint custody schedule confused. Parents also have the duty to keep the other one informed about important events.

Joint custody could be the solution you are looking for if you want your kids to have time with both parents. This is a way for both the mother and father to be involved in raising their kids after a divorce. If you feel this could be in your child's best interest you should look into developing a joint child custody agreement.

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Parenting Plans: Steps for Making One

By Dianna Nelsun

A parenting plan is another term for custody agreement. This is the document that divorced parents create together to outline the conditions of custody and visitation. This is a vital document in any custody case.

If you are involved in a custody case, you need to make your parenting plan. You want to be thorough and include everything that needs to be there. To help you, here are three things to put in your parenting plan.

1. Your schedule of custody and visitation. You need to outline the type of custody you and the child's other parent have, and the basic schedule of custody. You should also create a holiday schedule and incorporate that into your custody calendar. You can also include vacation time for the parents to take the children and other special events.

2. Child support documents and information. You will need to provide certain financial information for child support. This differs from state to state, so find out what your state required. It is also extremely helpful to figure out the exact time-share or overnight percentage. This number is used to calculate child support, but it is difficult to figure out. Most states just guess at the number. You want to make sure that your child support amount is correct, so figure this out exactly.

3. Provisions about parenting. There are always little rules that the parents want each other to follow. Think about the rules you want and include the important ones in your plan. This could be something like being informed when the other parent takes the child out of the country. Or not allowing the other parent to smoke around the child.

If you work hard when making your parenting plan, you'll be happy with the results. The courts are impressed with well thought out plans that contain enough information. Once your parenting plan is finished you'll be able to focus on your parenting.

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Child Visitation and Your Custody Case

By Dianna Nelsun

In custody terms, child visitation refers to the amount of contact that the children have with the parents. It can be used specifically to mean the time the child visits with the non custodial parent, which is the parent that the child doesn't live with. It is also more generally to refer to the overall arrangement of custody and visitation that the parents have set up.

Parents have a lot of flexibility concerning child visitation. They can create any type of arrangement that works for them. The first thing to do when making a custody and visitation schedule is to decide the type of custody that you want for your situation. Parents can have joint custody, which means they will both spend about the same amount of time with the children. You can also have a sole custody agreement, where the children mainly live with one parent and visit the other one.

The type of custody you choose will determine how you set up your visitation. The next thing to do is to set up a little schedule--about a few weeks--where you outline the custody and visitation schedule. This few week schedule then becomes the basis for your custody calendar and you apply it over and over again through the year. This is called the repeating or rotating cycle.

There are a number of ways to set up your repeating cycle. For sole custody, you can set up where the children spent the week with the custodial parent and weekends with the other parent. Or, you can set it up so the children visit the non custodial parent once or twice a week and then every other weekend.

In a joint custody plan, the parents can alternate custody every week, every two weeks, or every month. If you choose a longer period, like the two weeks or month, of custody you can schedule in some visits to the other parent. You can also have the children spend time with one parent for half the week and the other parent for the other half.

Another part of child visitation is deciding where the child will spend holidays. Usually the parents divide the holidays between them--with both parents getting major and minor holidays. You can also include vacation time with each parent in your visitation schedule.

Child visitation is one of the biggest and most important issues in a custody case. Both parents have to put in the time to create a schedule that will work for their situation. Once the visitation is all figured out then things run a lot smoother.

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Win Child Custody: How to Prepare

By Dianna Nelsun

If you want to win child custody, you need to be prepared. This applies even if you are just meeting with your child's other parent or if you need to present a case in court. You need to be prepared so you can get the time you want with your child.

Showing up with the right documents is the best way to prepare. Professional documents containing all of the information about your custody situation will impress the child's other parent and also a judge. Here is an outline of the papers to prepare so you can win your case.

You need to create a custody and visitation schedule. Decide on the custody arrangement that you want and then figure out a repeating cycle that will implement the schedule. For example, suppose you want joint custody with equal time for both parent. You decide that the best way to implement that is to have the child live with one parent during the week and have several visits and the weekends with the other parent.

Figure out your repeating cycle and write it out. Then you can apply it to a calendar. It's useful to have both formats to show your former spouse or the court because it gives a nice visual of the situation and a quick explanation.

Along with the custody schedule, create a holiday schedule. The easiest way to do this is to write out a list of all of the holidays and then assign custody to them. Make sure you give equal amounts of big and small holidays. If you want, you can also put them on the calendar.

There should also be a document that contains the other visitation information. This would be things like vacation times, special events, or other variations from the schedule. Write it all out and then put it in the calendar--it's very impressive to have the information in two formats.

The last document to think about is a list of any provisions or stipulations you'd like the other parent to agree to about raising your child. Perhaps you'd like to have a clause that neither parent says negative things about the other one in the child's presence. You can make a list of whatever is important to you and whatever you'd like the court to order your child's other parent to do.

Taking the time to prepare will ensure that you win your custody case. It will help because the child's other parent or the court will accept your custody agreement and plan. And, you'll be able to get the time you want with your child.

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Child Custody Advice About Legal Counsel

By Dianna Nelsun

As a divorced parent you have a lot on your plate. You are in the middle of making crucial decisions about your custody situation plus you have everything else you normally have to deal with. You want to make sure that you are getting the legal information and advice you need to settle your custody case well.

The phrase legal advice often conjures up an image of an attorney presenting a case in court. Many divorced parents don't know if they need to hire legal help or not. They certainly don't want to jeopardize their case by not getting the legal advice they need. To help you decide, here are three ideas to think about when considering if you want to hire an attorney.

1. Do you really need a lawyer? Take a good look at your custody case to decide if you need an attorney. If you and the child's other parent have strong disagreements or if there are have substantial problems in the past then you do want a lawyer to represent you. If you and the child's other parent can make decisions about your child together you may not need to hire an attorney.

Take some time to discuss your case with a lawyer. You can usually schedule an initial appointment to talk for a low cost. If they seem to think it is a pretty simple case then you may be able to do it alone.

2. Find an attorney who is on your side. Do your homework before hiring a lawyer. Meet with the person and discuss how he/she would represent your case. Make sure they understand your wants and needs in the situation and that they don't just brush you aside. This is one of the most important things going on in your life and they should recognize that.

3. Can you do some work on your own to take down the cost of legal fees? You may want the help of a lawyer but there may be some things you can do to lower the cost. Perhaps you can invest some time into making a custody schedule instead of your lawyer. Or, maybe you can decide on some provisions for your agreement.

You need the top legal advice out there for your custody case. If you are thinking about hiring an attorney make sure you think through all the issues. Then you can have confidence in your decision.

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Child Custody and Visitation Papers

By Dianna Nelsun

Are your child custody papers giving you a headache because they're such a hassle? You're not along. Custody papers can be very stressful and overwhelming because they are so complicated. To make things worse, every state has different papers and forms because the laws are different. This can make it hard to find the information you need.

To ease some of the confusion, here is a list of the common custody papers that divorced parents fill out. Remember that every state is different so you may not find these exact forms with these titles. But, your state will probably have similar types of forms to these if they aren't the exact ones they do have.

To start your custody case, you fill out a paper called a summons or a petition. This paper then has to be served to the other parent. There is also a form about the proof of service of summons that the person who served the papers has to fill out and that you have to include when you file. The parent who is served the papers has to fill out a response and file it with the court.

If no response is filed, the other parent can fill out a request to enter default. This is a request for the court to rule positively about your terms and conditions because the other party didn't contest anything. In some states parents agree that the one parent will file this because they are in agreement over there custody case and they want it to run smoother.

You will need to fill out various forms about your custody and visitation schedule. There will be a form about your basic schedule and one for your holiday schedule. You may also need to fill out a paper about provisions for joint legal and physical custody.

Child support also has a group of papers that need to be filed. Both parents have to provide information about income and expenses and financial statements. If you're trying to get the child support changed then you need to fill out a separate paper. And, you may also need to fill out a paper about having child support withheld from a paycheck.

It's no wonder that most parents hire an attorney to help them sort through the papers. However, even if you don't have a lawyer, you can still get the papers filed correctly. There are many resources available. You should be able to find answers at the courthouse, at a group meeting, the library, or the internet.

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Win Your Child Custody Battle

By Dianna Nelsun

Most divorced parents want to avoid a custody battle if it is possible. These are the parents who are looking out for their child's best interest and try to come up with an agreement based on their child's needs. They try to discuss issues reasonably with the other parent.

Parents can find themselves in the middle of a child custody battle before they know it. Often, the child's other parent will take steps to support a selfish agenda of revenge. These steps can include talking negatively about the other parent or being completely unreasonable about custody time.

Divorced parents need to know what to do in a battle so they can protect their child. Hopefully they can prevent a negative situation from happening, but if they can't prevent it they can at least learn how to deal with it. Here are three ideas to help you win your custody battle.

1. Take action and don't wait for the other parent. Don't wait around while the other parent does things like hire a lawyer and file for child custody. Take initiative and act. Figure out if you're going to need an attorney, know the documents you need to file, keep track of custody and visitation time, etc.

You basically need to begin the whole case with the thought that it could turn into a battle. You want to be levelheaded, of course, but you need to take the steps to cover yourself if things get nasty. Don't assume that your former spouse will be reasonable.

Too many parents don't get a fair custody agreement because they expected the other parent to be reasonable and they were sorely mistaken. Don't let the other parent give you an unpleasant surprise about their sneakiness. Take action quickly.

2. Keep track of appropriate information. You are going to need a lot of documents to show your case in court. As soon as your divorce goes through you need to be keeping track of how much time each parent is spending with the child, all of your financial information regarding the children, and you'll need any statements about custody.

3. Endure to the end. It can be easy to get overwhelmed and depressed in a custody battle. Keep fighting though. Try different strategies for getting time with your kids. Maybe you need to get a different attorney at some point. Remember your kids and that it is worth all of the hassle to get to be with them.

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Do you want to win your child custody battle? Find the information you need about custody battles and get the solution that will work for you.

Child Custody Agreements: Steps to Create Your Custody Schedule

By Dianna Nelsun

A child custody agreement is the document that both parents agree on that outlines the terms of who the child will live with, when the child will visit the other parent and any other information about raising the children that the parents want included. Once a custody agreement has been decided, the parents can go to court and the court will adopt it into a court order. If an agreement can't be reached between the parents, the court will make the decisions about the agreement and then make it into the order.

Parents are usually better off if they can reach an agreement before going to court. This is because if both parents agree on the terms of custody and visitation they will be more likely to live by those terms. And, both parents will be happy with the results.

One of the most important things in the custody agreement is the custody and visitation schedule. Once parents have this figured out the rest is pretty easy. Here is the basic outline of how to figure out the schedule.

First, decide on how you will divide up custody and figure it out in terms of a rotating schedule. For example, if the parents decide they will split custody evenly figure out how that will be done. Maybe the parents will rotate weeks, or maybe only parent will have the children on weekdays and the other parent will have weekends and a few visits.

Come up with the schedule for custody and then map it out on a calendar. For example, say you come up with the outline that the child spends the weekdays with one parent and the weekends with the other. Block out the time on a calendar so you can see what it actually looks like.

The next step is to figure out the holiday and vacation schedule. Write out a list of the holidays and divide them between the parents. Make sure both parents have the same number of big and small holidays.

Then decide on the vacation time you want to allot to each parent. For example, you can include a clause that says each parent can take the children on vacation for two seven day periods in the year. Or you can actually specify dates when the parents will have vacation time.

It is helpful to write out the holidays and the division of custody in a table and then go through and add them in your calendar. You can also write in the dates of vacation if they are known, or put in your unspecified vacation. It's nice to have the information in two different formats.

The last things to add are the special events. You'll want to put in one time events, like a parent's or child's birthday, and any recurring special events, like baseball games during the season. Basically, special events are any times the custody situation may change because of other events going on. Put them on the calendar and write them out in a list.

All of this may seem time consuming and tedious--but it is worth it to get the custody agreement you want. You may want to investigate the various custody software programs available. There are some that let you create you custody and visitation schedule very easy. This can be helpful; especially if you need to create multiple schedules so you and the child's other parent can agree.

If you do all of this work it will be easier for you and the child's other parent to agree on custody and visitation. You can both work together to create and modify a schedule that works for you and that you're both happy with. Then you can be satisfied knowing the court will accept your agreement.

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Learn more information about child custody agreements and find out how to create your personalized custody agreement with the software Custody X Change.

Child Custody: Three Hints to Help You

By Dianna Nelsun

You're going through a divorce and you're trying to figure out your child custody situation. Where do you start? How do you get through all of the information that you need to? What are the best solutions for your child?

Take heart. There is a way to get through all of this. If you are willing to put in the time and the effort then you will figure out how to manage your custody situation and help your child through it too. Here are three ideas of how to do this.

1. Put your child's needs first. It can be difficult for a divorcing parent to put aside their own emotions and focus on doing what is best for the child. When creating your custody agreement, don't base your decisions on what you want or on revenge for the child's other parent. Try to be objective and think about your children first.

You know your child the best, and your child and custody situation are unique. You need to figure out the solutions that will work for you. Don't worry about appearing unconventional; adopt any method that helps you and your child.

2. Be flexible your custody and visitation schedule. Of course parents want to have the most time they can with their child. And, they should try to get as much time as possible. However, they need to remember that they are sharing the time with the other parent who also wants as much time as possible.

You can make a custody schedule that is fair to both parents. Base the custody and visitation times on what is best for your child. There are many options available and you can experiment with some of them to find out what works best.

3. Seek out resources. There are a lot of ways for you to get help during this. You can always talk to a lawyer, get information from the courthouse or online, download a custody software to help you make a schedule, go to a support group or try to mediation. Explore your options.

These ideas can help give you encouragement as you manage your situation. Try to remain positive and help your child remain positive as well. Once you get everything settled, you can relax and enjoy your time as a parent.

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Get more information about child custody and learn how the program Custody X Change can help you make your perfect child custody and visitation schedule.

What Everybody Ought to Know About Divorce?

By Dennis Gac

An epidemic has been slowly gathering momentum for the last many decades. Over the last two centuries, the world has undergone such changes that our forefathers couldn't even imagine of. Due to globalization, the world is becoming increasingly smaller as barriers break between different cultures. Science and technology has surpassed the wildest limits of human imagination. However, man has to pay a very dear price for such glory. Human relationships, which are the basis of all existence, are breaking down. Today's times are being marked for the increasing shallowness of relationships.

Broken homes no longer excite any surprise as the word "divorce" becomes a term of everyday use. With an increased demand for professional marriage counselors, people are flocking to whoever is available, for solutions. The scenario is extremely chaotic as one may imagine. Broken relationships and custody battles over children are occurrences that man has learnt to take in his stride. As behind every other phenomenon, causes abound here as well. For all the hype and glory surrounding globalization, one is really led to wonder about what interconnectedness it has achieved.

Man seems to be becoming more of an escapist with the lapse of time. Couples are unwilling to take the time and effort to solve matters and save a marriage. The only exit route is a divorce. One leads to another and so we have this new wave of emulation where one divorce encourages other couples to even consider it and keep it at the back of their minds. We have deliberately limited our options, to such a level that nothing other than divorce can make sense of a happy marriage. Our minds shut down and refuse to look beyond it. In short we have cut down our cognitive powers to almost a standstill.

This is a psychological phenomenon of close ended thinking. Our thinking processes become absolutely stationary and no other options but the one present in front of our eyes exist. We do not even bother to reflect and look for other solutions before calling up our lawyers to draw up divorce papers. Parting ways seem to be the only thing to do today. People are getting divorces for the pettiest of reasons, and that too just because everyone is too selfish and egoistic to make the first move in working things out.

The social and the psychological side effects of divorce are immense. Not only are the two people involved, it becomes worse if there are children as well. These kids grow up watching their parents fight out bitter battles in the divorce courts, slinging bitter abuses and allegations at each other. These children with such a traumatic background grow up to be repressed individuals with a variety of social, mental and physical problems. Also it sets a trend for the future generations to come, for whom divorces are the best options available. It takes only a minor misunderstanding or a petty fight for a couple to start off divorce proceedings. True commitment doesn't let go so easily. Divorce is an alarming phenomenon that has arrived as emotional baggage in the advanced lifestyle of modern man.

About the Author:

Dennis Gac represents Father Rights Organization which helps fathers to regain their children's back into their custody. If you wish to know more about father rights just visit the website http://www.fathershelphotonline.com and more information about father rights.

Know More About Parental Alienation

By Dennis Gac

Parental alienation is just another one of the numerous reasons why the problem of divorce has grown so serious in contemporary society today. In medical terms it is termed as PAS or Parental Alienation Syndrome. This is yet another of the side effects that bitter divorce proceeding usually has on the minds of impressionable children. A man called Richard Gardner in 1985 coined this term. He used the term to describe a process of increasing alienation or distance between a child and his/her parents. In such situations a child displays an increasing amount of hostility and a critical attitude towards the other parent. Now this syndrome can occur for a variety of reasons. One of the main ones is because the other parent usually indoctrinates the child to indulge in such behavior. Now the other parent can either directly or indirectly encourage this attitude of parental alienation.

Again, some numbers which have been thrown up by Gardner reveals that the alienator in parental alienation syndrome cases is more often than not, the mother. The fathers are usually accused of different crimes by the mothers and these accusations all directly or indirectly influence the attitude of the child towards the targeted parent, regardless of whether the accusations are true or not. Parental Alienation has become a favorite tool used by couples to win custody cases. However to be fair, it has been noticed that of late, men are also playing an equal role in alienating children from their mothers.

For quite a long time, Parental Alienation Syndrome had not been accepted as a valid point in custody cases. However, of late, courts in the United States have accepted it while in the United Kingdom, it still awaits recognition. However, there is still a great deal of controversy about the existence and scientific validity of the Parental Alienation Syndrome. It has been widely criticized universally. Even the APA or the American Psychological Association has been very cautious about adopting any stance on the issue of parental alienation as a valid psychological condition. The Association has often criticized the misuse of the syndrome as well.

At this point we are really not qualified to comment on the nature of the Parental Alienation Syndrome. However it is true that one bitter spouse to indict another often uses it. Children as usual, are the worst affected, as they fluctuate back and forth between both parents without really knowing what is happening. Again, the mothers are still discriminated against, as being the perpetrators of PAS. They are often accused of unjustly accusing the fathers to get the child on their side. The male parents often end up with a raw deal, especially if sexual allegations are made against them.

Though it is true sometimes, at other moments, they are just an expression of hate and revenge. For this dicey nature perhaps, PAS is still being denied any official validity. The fate of this still remains to be seen and as always, nothing but time will tell.

About the Author:

Dennis Gac represents Father Rights Organization which helps fathers to regain their children's back into their custody. If you wish to know more about father rights just visit the website http://www.fathershelphotonline.com and more information about father rights.

Get Your Divorce Questions Answered

By Dennis Gac

The world has begun to grow extremely selfish these days. People do not think twice before contriving ways and means to destroy their elements of hate. Even their loved ones are not spared in this game of hate where they are used as pawns to win against enemies. It is more upsetting to see this being enacted between separated couples who blame each other for almost everything to let out their anger, frustration and hatred.

Mothers and fathers do not hesitate to make their children the centerpieces of such dirty mind games that they play against each other. To get what things that they want, like custody for example, mothers fling false allegations of child sexual abuse at the fathers. To counter it, men often come up with allegations of infidelity and the like. The worst thing about false allegations is, it is very difficult to prove them either wrong or right. The process of authenticating such claims often takes months and often years of legal procedure.

There are certain developments in judicial history that led to these eventualities. False allegations were encouraged after the passing of the Mondale Act of 1974 or the Child Abuse Prevention and Treatment Act (CAPTA). This Act was designed with the intention of investigation and subsequent validation of child abuse claims. People looking for revenge were eager to use this as a tool to hurl false allegations at each other. Now, this does not mean to imply, that, during divorce proceedings all claims made a re deliberately untrue.

Instead, it is definitely true though a lot of these accusations do hold ground; a lot of them are made for the sake of it. Unfortunately, the fathers have to bear the bigger brunt in these cases. Using the maternal complex to win over juries, mothers have often made false allegations against the fathers, concerning alcoholism, sexual and physical abuse and so on. Under therefore mentioned Act, CPS workers are entrusted with the task of evaluating and proving such claims, and often professional pressure and fear of erroneous consequences have led them to pass biased decisions.

Two symptoms have been identified in false allegations being used in divorce proceedings. Firstly, the Parental Alienation Syndrome (PAS) in which the child is alienated from one parent by the other. Secondly, the Sexual Allegation In Divorce (SAID) whose consequences are highly erroneous. In this kind of a false allegation, one parent is accused by the other parent of sexually molesting the child. Quite obviously, it is the father who suffers the social outrage because in our society sexual molestation is considered to be one of the most severe and unforgiving crimes. Amidst all this mudslinging due to false allegations, it is the child who suffers most and eventually grows up as a traumatized individual with psychological ailments. The saddest part is that, caught up in their own little worlds, people forget the fact that they are stooping as low as using their own children to be the puppets in their dirty little games.

About the Author:

Dennis Gac is the founder and President of National Brotherhood of Father Rights. http://www.fathershelphotonline.com offers a membership organization which gives Fathers unlimited consultation for a period of one year and that can guide Fathers throughout their entire court cases.

Get To Know How Deal with Child Custody

By Dennis Gac

One of the saddest points in a divorce is having to battle over child custody. That is, parents fighting over who gets the lion's share of the child's attention and affection? Living in a time when every second couple we know is getting divorced, these custody battles are usually a very familiar sight. These battles revolve around visiting rights, who gets to stay with the child and who becomes the visitor and so on. It is usually a very distressing deal for the parent who loses the battle and has to adopt the role of an occasional passer by in the life of his own child. It has been seen however, that over time, the concept of child custody, or rather, certain ideas about it have undergone a sea change.

The idea of child custody, just like many other issues, had patriarchal overtones to it right up to the middle of the19th century. It was universally believed then that only fathers could be a true parent to a child. This view could not, probably, be countered, because the impression of women being the quintessential "single mothers" had not yet emerged. But with the turn of the century, common perceptions changed, thanks to the intense female empowerment and emancipation movements. Soon, with fathers spending more and more time out of doors working for livelihoods, mothers were considered to be the more caring and responsible parent.

This has a different effect as well. Soon the fathers began to protest against this maternal bias and believed that they were being unnecessarily being excluded from the lives of their own children, through no fault of their own. They wanted custody of their own children as well. They argued that it was unfair to idealize the maternal love as all powerful and all encompassing. It was generally felt that custody should not be awarded on the basis of gender, but the intrinsic attributes of an individual, like his/her sense of responsibility, duty and so on.

Post the Great War things took a different turn altogether. The arguments considering gender bias were finally paid heed to. Until then, custody had been a completely gender based issue. But now for the first time, the concept of joint custody came into being. Both parents would have an equal share in the lives of their children. There are two types of custody that is legal custody where parents have an equal right to take decisions concerning their children. The second is physical custody where the children divide their time equally between both parents.

Therefore, quite understandably, more emphasis has been given to shared legal child custody and not to physical custody. A general pattern is indicated here. Women, quite unfairly under certain circumstances, are being given more preference when it comes to child custody whereas the fathers are left marginalized in the entire legal battle. In a bid to address such prejudice, men are now willing to take up a number of legal and socio-political actions, thus ending such unfairness for good.

About the Author:

Dennis Gac represents Father Rights Organization which helps fathers to regain their children's back into their custody. If you wish to know more about father rights just visit the website http://www.fathershelphotonline.com and more information about father rights.

Grandparents Custody Rights

By Thomas Robertson

Similarly to the case with parental rights, grandparents' rights custody differs in all 50 states. The issue of custody rights for grandparents can sometimes occur when either one or both parents come to die. Other cases include divorce or separation of the two parents.

There are also times when the child has resided with the grandparents for a period of time without the assistance of either of the parents. Further requirements will also need to be met for there to be a legitimate custody case.

Initially, grandparents need to petition a family law court when they want to obtain full or partial custody rights for their grandchild. Basically, there are two kinds of custody which can apply, which are: legal custody and physical custody.

Legal custody involves the rights of one parent to make major decisions relating to issues such as health care, education, religion, regarding the child's life. Who the child will live with and spend their time with will rather be the concern of physical custody.

Circumstances Which Can Determine Rights Custody for Grandparents

A majority of states in USA will enable the court to automatically grant full custody to either one of the child's parents. But there can be circumstances when the court may order grandparents rights custody of the child.

In certain cases, the grandparent might have already assumed their role as the primary parent and caregiver of the child for a year or longer. Other circumstances might include a reasonable cause such as abuse, neglect, substance abuse and mental illness which can significantly impact the parent-child relationship.

The law will also very much require that certain facts be proven through a family court before the grandparents are given full or partial custody. It must also be proven that it would be in the best interest of the child for the grandparents at times to have complete custody.

The grandparents will first need to display a genuine concern for the care and well-being of the child. Further to that, the relationship between the grandparent and grandchildren will have to be initiated through the consent of a parent or through a previous court order.

Grandparents rights custody may also be sought for partial custody, or visitation rights, just as between two biological parents. When the court will decide to grant partial custody rights to the grandparents, this will give them time to spend with the child without the approval or supervision of the custodial parent.

Habitually, child visitation rights are rarely denied to grandparents, and visitation rights are easily granted to them so that they may be able to spend time with their grandchild under the supervision of an adult, or the custodial parent.

It is also highly recommended to seek some legal assistance if there is a need to file a custody rights petition as a grandparent. This can be a very elaborate procedure, which is why having a qualified legal expert will be able to help in building the claimant with a strong case.

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Before you go legal, make sure you check out Jeff Johnson's excellent free articles on issues related to grandparents' visitation rights and family law child custody