Monday, July 26, 2010

Tips For Winning Child Custody, Part 1

By Carlton T. Driver

If you are caught up in divorce proceedings, it can be an very stressful experience, even when the divorce is friendly, and not filled with anger. When you have an uncontested divorce, the issues of child custody can usually be taken care of by mutual agreement, without lots of drama and disagreement. When a divorce is contested and filled with anger, however, the matter of who gets to have custody of the children can become a major combat zone. If you should find yourself involved in this kind of situation, there are certain things that you should try to do to help improve the odds that you will be able to win your struggle to be granted custody of your children.

* Be very careful that you don't expose your children to environments that are not healthy, or that could prove harmful to them in any way. If you smoke, by all means stop - at least when your children are around you! If stopping is totally impossible (that is, if cigarettes are harder to give up than your children), then at the least, you must not smoke when you are with them. Not only is it extremely harmful to their health, but your exposing them to a known health hazard can provide a very effective weapon for your former spouse to use against you during the proceedings.

* If you have started a relationship with a new romantic partner (or are continuing one that caused the divorce), be very careful when it comes to open displays of affection with your new love interest. This is vital, for a couple of reasons: one, it can be very unsettling to your children when they observe this, because they probably still have strong feelings of loyalty to, and affection for, your former partner. Two, the court will usually take a dim view of it if children are being involuntary witnesses to a highly sexualized or erotic environment. You most also make sure that you are spending sufficient time with your children to meet their needs, rather than ignoring them, and spending all your time with your new partner.

* Give careful consideration to where your children really want to live. You should be aware of what their preference is, even if it might not be to live with you. Should your children have a strong preference to remain with your opposite partner, insisting that you be granted custody of them can be both self defeating, and damaging to the future of your relationship with them. The only exclusion to this warning would be in a situation where you have legitimate concerns for the safety of your children if they were to remain with your ex - and even in that case, you must prepare yourself for resistance from the children if you win custody.

* Be fully involved, as much as possible, in the lives of your children during the entire duration of the custody process. Doing this will cast you in the most favorable light in the eyes of the Court. If you seem to have abandoned your children to the care of your former spouse, you will most likely lose your custody battle.

* Do your everything possible to hire a very competent attorney who can really help you with your custody case. An attorney who holds your best interests as a top priority will be your best ally in your quest for custody of your children. Unfortunately, finding that kind of attorney is often a real gamble.

Even if you have a top-notch lawyer, you still need to have a second resource available to you. This should be something that can provide an alternate source of necessary information and advice to help you. By having that, if your attorney does turn out to be mostly interested in collecting fees while doing little actual work, you have another source of guidance. Another reason to have an alternative resource - other than your attorney - is that many attorneys are simply not able to keep up with all the newest psychological and legal ideas about custody, as well as the kinds of evidence, and the types of allegations that will succeed(or are bound to fail ) in the courtroom.

The best way to get your hands on this kind of important support information is to obtain a Custody Guide that is written by real experts in the field. Experts who specialize in Child Custody have the experience and know-how to compile the needed information, keep it current, and present it in a way that makes it possible for a lay person to comprehend it, and use it, effectively. There are a number of sources for this type of guide that will help you navigate your way through the often confusing legal landscape that is Child Custody. The links in the resource box will provide further information.

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Wednesday, July 14, 2010

Divorce Law - Your Family Lawyer Should Explain The Settlement Process To You

By Billy Bridgington, Chris Collington, Drew Darry

Divorce and family lawyers often get a bad reputation because of a few bad apples looking to squeeze their clients for money. However, there are a lot of divorce attorneys out there who really do care about you, your kids, and even your spouse, and the future of everyone.

A good way to find out if your family attorney cares about you and your life is to ask him or her about alternative dispute resolution (ADR). Many attorneys, though it would behoove them to explain all options to their clients, either completely ignore or gloss over the various methods of resolving a case.

1) Types of ADR.

Mediation. Mediation is a form of ADR whereby the parties (or parties and their attorneys) meet with a neutral third party to attempt to work out the issues in the case. The mediator usually is another attorney, but doesn't necessarily have to be. Mediation is usually a non-threatening environment and can be accomplished in numerous ways. Additionally, the parties or their attorneys can agree on who will mediate the case. If the parties can't settle during a mediation session, they can try again or move on.

Arbitration. Arbitration is when the parties agree that they will attend a session, or multiple sessions, with a third party (often a divorce or family law attorney) who will make a decision on the issues presented. Evidentiary and procedural rules generally do not apply during an arbitration. There are two kinds of arbitration, binding and non-binding. Binding arbitration is when the parties agree beforehand that they will be bound by the arbitrator's decision. Non-binding arbitration is when the parties agree beforehand that they don't necessarily have to comply with the arbitrator's decision.

Settlement talks. Generally speaking, divorce cases can settle all the way up to and through a decision at trial. Therefore it pays to start settlement talks early and often, but this aspect of the family law case is often ignored until the threat of trial nears. Many people involved in a divorce do not realize that they (through their attorney) can begin presenting settlement offers even before a divorce case is filed. This type of informal settlement discussion can be very beneficial.

2) What are the benefits of ADR?

Less stressful. Alternative dispute resolution, where the parties can control the outcome of their divorce or family law case, is a less stressful environment. Trials in court can be intimidating, and often this intimidation factor can sway the outcome of the issues.

Less money. Litigation can be a very expensive process, especially if the case goes to trial. ADR offers a less expensive alternative, especially if the parties are really committed to it. Many people would much rather save their money for themselves or their children, rather than give it to their attorneys.

More options. Usually, the parties in a divorce can agree on things and put them into a settlement agreement that the court may not have the authority to order. For example, in some states, the court cannot order the parents to pay for the college education of their children; however, the parties can agree to provide for college education in a settlement agreement, and the parents will have to abide by that agreement.

The court does not make decisions for you. The bottom line is that parties do not want a Judge who has never met them or their children, and certainly did not live through the marriage, making decisions that will affect the rest of their lives. Through ADR, the parties are in control.

Relationship between the parties. Believe it or not, even though the parties' marriage didn't work out, they can still have a meaningful relationship. This is especially important if there are children involved. Resolving the issues through ADR rather than through trial is an important first step in that regard.

Most divorce and family law cases end up settling. But they often settle on the eve of trial or even at trial. Through advance planning, agreement between the parties, and a common goal of resolving the issues without hotly contested litigation, this trend can be avoided.

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Sunday, July 4, 2010

An Account Of A Family Divorce

By Brandon G. Carlyle

I recently learned of a tragic divorce. A good friend of mine was studying in the pre-med undergraduate program in University of Pennsylvania, one of the best programs in the country. His pursuit of a career in the medical field was met with trials and tribulations, but his family pushed him, supported him, and saw him graduate and enter medical school.

In college, he met a young woman from a well-to-do family who was so inspired by his perseverance that she told him that she would do whatever it takes to see him become a doctor and is willing to support him financially through the process, as long as he marries her.

The offer was too good to resist because this was an attractive, young woman who was so in love with him and was also willing to help him reach his life-long goal. Of course, they got married, and life went as planned for about three years.

Unfortunately, after three years of marriage, the woman's father's business plummeted and hit rock bottom. The father was no longer able to support his daughter and son-in-law. Her response was that her husband should immediately stop his studies and go earn a living to support the family.

With only two years left to reaching his dreams, the husband refused to do so, and he told her that he cannot leave his studies now. He was of the opinion that she should stick to her word and provide financial support until he is able to practice medicine as she said she would do.

Unfortunately, she was not interested in bearing the financial strain on her shoulders for even two years, and she sought a divorce. She wanted total custody of their one child without visitation rights for the father. She also demanded total control of all assets.

He was absolutely devastated because she had proven that her part of the relationship fit her only when it was comfortable for her, and she ended up causing more damage to his studies than actual help. Most of all, he could not understand what he had done for her not to want him to visit their child.

Thankfully, he got the courage to object to this madness, and he contacted a fantastic family court lawyer who took him by the hand throughout the entire case. He went for full custody and won, and today he lives with his parents and his daughter in their home. Hopefully, he will soon finish his studies and will begin practicing medicine in his new home with his child.

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Wednesday, June 30, 2010

Child Custody Solutions - Tips To Help You To Win

By Carol Bell

In any separation or divorce, one of the hardest areas will be when you need to file for a child custody case. This is because you will need to deal with a mixture of feelings relating not just your times with the whole family but also have to deal with the problems that your child receives or will experience through the process.

But because it is unavoidable to undergo the procedure of child custody when two people separate and file for divorce, you should stop dwelling on the past and look ahead to a new life with your child. Hopeful for a brighter day ahead of you, your child will give you the strength to go on fighting for your right as a mother or father and for your child's right to have an improved life under your guardianship and care.

Most mums and dads will do anything in order to have their kids in their care after any separation. If you're one of those mums and dads who've filed or going to file for a child custody case, then you ought to be developing by now the strategies that will help you win custody over your treasured child.

Specialists say that the best method to win a child custody case is to be armed with facts on it. If you are conversant on the basics, you won't be easily fooled by the other parent into getting the custody.

Also, if you're knowledgeable about the points of child custody, you are able to explain it comfortably to your child. You are able to answer their queries on why is it occurring and what is forthcoming for them following on from the procedure. To ensure that you'll win the child custody case, ensure that you:

1. Think of the welfare of the child or children at all times. For adults, they are able to turn a child custody battle into a war zone very fast. Little do they know that they are not the only ones who are victims of this tension but the kids who are left with no other alternative to accept the choice that their parents made. While your love for your kids fuels your wish to get them, this shouldn't be sufficient reason to use them as a form of sacrifice while hurting them in the process.

2. Make a note of everything that you don't like when your child is with the other parent. Documented accounts on things you consider awkward when your child is with the other parent may be an impressive tool to win.

3. Note down all the particulars why winning the situation will be in the best interest of the kids. Make sure that you don't only list down the factors why the child should be with you but guarantee that you are able to explain these thoroughly during the procedure for you to win.

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Monday, June 28, 2010

Understanding Child Custody Laws

By Carlton T. Driver

When you and your spouse are involved in pursuing a divorce action, and you have children, it is extremely important to have an understanding of the child custody laws as they apply to your situation. These laws establish both the rights and obligations of the custodial and non-custodial parent. Being able to understand these laws can be difficult, so here are some thoughts that may help you in this process. If you understand what is involved in the custody process, it will help you minimize the impact the situation will have on your children.

Consult the Court With Jurisdiction in Your Case

The process must start with an understanding of the custody laws that apply to your situation. Custody laws are set by the States, so it is important to know which State's laws apply in your case, if one spouse has moved to another state. One example of this disparity is seen in the case of a custodial parent who fails to follow the visitation rules set by the court in a custody case. In some States, the non-custodial parent must file a lawsuit against the custodial parent. In other States, the non-custodial parent can ask that a warrant be served against the custodial parent.

The court which has jurisdiction in a case does not automatically change if the custodial parent moves the children to another State. For example, if a custody ruling was established by a court in Florida, and the custodial parent then moves with the children to Arkansas, The Florida court is still the court of jurisdiction in the case. This can, however, be changed by a mutual request from both parents.

Reach Out to Support Groups For Help

Determining the laws which apply in your situation is only the first step in the process. You can find a great deal of assistance in understanding the details of your case by getting help from support groups in your area. One such group is the Children's Rights Council, which is organized in most, if not all, States. Use an Internet Search Engine to locate the one nearest you. If you join CRC, you may be able to receive legal assistance from lawyers who work along with the organization, and can provide the help you need to understand your rights and obligations in the custody system. There are support groups for single fathers and mothers as well.

Make Use of Resources That Are Available on the Internet

Resources available on the Internet can be of help in determining how the custody laws in your jurisdiction have been applied to previous cases which may be similar in nature to your own. Researching online sources may also provide ideas and strategies that you may find useful if your spouse is failing to comply with the conditions of the custody ruling in your case, after it's been decided. You will also find a number of e-books and guides which can be purchased, and can sometimes provide a rich source of facts and explanations that you can use. It is important, however, to make certain that the author, or authors, of a guide are really qualified to provide such advice.

A divorce, and the attendant custody struggle, is almost certainly going to be one of the most difficult phases of your life. Still, a lot of divorced parents are able to make the custody arrangements something that ultimately works to the benefit of their children. Although you and your former partner or spouse are no longer living together, you can, and should, make certain that your children receive enough love, attention, and care from both of you. Having a good knowledge of the custody laws that apply to your situation will certainly be very useful resource in the event that there are future disagreements about the children's situation.

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Saturday, May 15, 2010

Dallas Family Law Corporations Who Offers Great Legal Services

By Barb Rasmussen

If you are a resident of Dallas and are in need of free legal services relating to family law, there are various organizations you can get in touch with for such assistance. These Dallas family law agents assist low income earning residents and other qualifying special groups with free legal assistance.

The Texas Advocacy Project has been in existence since nineteen eighty-seven. The organization works towards breaking the cycle of domestic violence for victims in Texas. They provide free legal assistance to victims of stalking, domestic violence and sexual violence. They work with various stakeholders including the courts, shelters and other legal agents. They provide a free domestic violence hot line through which victims can seek emergency assistance in case of violence.

Legal Aid of North West Texas provides it's free legal consultancy to people living in the north west parts of Texas. Their services are available to those who can not afford proper legal representation. This non profit institution was founded in nineteen fifty-one and is supported by the Texas Access to Justice Foundation.

If you have a legal need in relation to your pet or to animals in general, then you can contact Animal Legal Defense Fund. They run a fund that fights for animal rights and interests. They also have attorneys who will provide you with free consultation and representation in animal rights related cases.

The Catholic Charities of Dallas is a charity organization supported by the catholic church in Dallas. They have been in existence since eighteen ninety-one. The legal department of this charity provides legal assistance to immigrants in the INS district of Dallas. The immigrants must be low income earning and they charge a small fee for these services. They also champion a coarse for the legal rights of immigrants.

Justice for Children is a non profit institution that champions the legal fight against child abuse. They give free legal advise and representation to child abuse victims. Besides provident these services to the victim, they also give further life improvement support and assistance to these children through their various networks. This organization also arranges and conducts various awareness programs to promote a greater government participation in matters relating to child abuse.

Dallas legal hospice gives free legal services to people who are HIV positive or terminally ill, those who cannot afford legal services and people who have legal complications because of their health. The mission of this Dallas family law charity is to fight for people being discriminated against in their work place, school or any other place due to health related issues.

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Tuesday, May 4, 2010

Meeting With A Divorce Lawyer In New York? Here's What You Should Bring With You

By James Thomas

A divorce or separation is without a doubt a life altering experience. In some cases a divorce or separation is amicable however occasionally it will be contested. In either case, it is smart to retain the services of a qualified lawyer with whom you are most comfortable and who you trust to look out for your needs throughout the divorce settlement.

Your initial meeting with legal counsel is called a consultation. It is frequently as a result of this consultation in addition to reference checks that an individual chooses whether to hire a lawyer. To be able to establish the most effective use of the consultation as well as to determine if you prefer the law firm's suggestions and approach, it is normally advantageous to bring all of the suitable info related to your divorce with you.

You won't need to feel stressed about the law firm revealing private details even in the event you never hire the law firm. The American Bar Association's Model Rules of Professional Responsibility, which happen to be extensively used in many jurisdictions, keep the attorney from sharing information and facts discovered in a meeting only in minimal instances if the info relates to a past client.

Considering that the info that you provide for the consultation is privileged, you may want to think about having the following kinds of documentation along with you:

Any kind of Legal Paperwork Relevant to the Separation or Divorce: when you are already served with any papers from your partner and also if there is already an official divorce agreement then it will be necessary that you bring it for your attorney's review.

Monetary Specifics: the legalities of divorce proceedings have much to do with isolating the marital assets. As a way for your attorney to do so reasonably and also with your most beneficial needs at heart it is going to be beneficial for the law firm to find out precisely what you and your significant other take in as net income, have as assets, pay on expenditures and have as debts.

Prenuptial Agreements or other Legal agreements: If you and your partner have at any time entered into a prenuptial arrangement or an additional agreement that might end up being pertinent to your divorce or distribution of assets then it will be necessary for your law firm to review the agreement as soon as possible.

Documentation About the Kids: In the event you and your partner have kids together then it will be beneficial to help make your attorney aware of your desires related to the care and custody of the children. When there is any paperwork regarding the children along the lines of appropriate health care or criminal arrest information that show neglect or even mistreatment then those usually are applicable to talk about with your attorney. Additionally if the court has appointed a Guardian ad Litem for your child(ren) it is definitely necessary to help make your attorney aware of the appointment.

Divorce can end up being a challenging period for many folks. An experienced lawyer will be able to help you concentrate on the future and also secure a fair distribution of possessions and a beneficial custody arrangement for your children. Therefore, it is beneficial to present a potential attorney with all of the pertinent info at your initial session.

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