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Finding a Custody Lawyer You Can Trust

July 5, 2011 By admin Leave a Comment

Hiring an attorney to handle any type of legal battle is a big decision. However, there is more to it than that. When it comes to child custody cases, there are numerous considerations. You need this attorney to be able to help you to win your case.

What to Look for

When hiring an attorney who is going to represent you in a court of law as you try to gain custody of your child, know what to look for in that professional. There are many attorneys that claim to offer family legal services. However, you need more. You need the right professional.

  • Experience is key. Turn to a legal professional who specializes in custody law. You want someone that has the ability to help you to win your custody here, not someone who is just learning.
  • Choose someone familiar with the laws and judges in your jurisdiction. That way, they have a working relationship with these professionals and can better understand what is expected of them. A local attorney is always better.
  • Consider an attorney that offers custody support and aid. Sometimes, these professionals are able to offer you far more than just the legal process. Some offer support groups, care for children and protection from violent spouses.

As you fight for the custody of your child, know you do have options. The right attorney can help you to determine what your actions and options are. Then, you can make better decisions about your future. Specialization is the key.

 

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Protecting Your Children in a Divorce

June 26, 2011 By admin Leave a Comment
Child 1 

Image by Tony Trần via Flickr

A divorce can be hard on every member of a family. It is a well-known statistic that 50% of marriages in America end in divorce. If you are going through the unfortunate experience, the first thing you need to do is make sure your children are protected from the experience.

Your approach to the subject will depend on the age and maturity of your children. If you believe your children are mature enough to handle the situation, then you should sit down with them and tell them exactly what is happening. It is never a good idea to lie to your child. If your child is too young or unstable to deal with the situation, you should be delicate with them, but you still should not lie to them about it.

You should also consider having your child or children see a Councelor. Counseling may not seem necessary at the time, but it is very important that your child has someone to talk to that is not involved in the situation. If your child is really not in need of much counseling, you should still research good Councelors in your area so your child will have the option of talking to someone if they need to in the future.

You certainly love your children, so it is very important to help them through this situation. It is easy for a divorce to harm children, especially if they think it is their fault. Protecting your children needs to be one of your first concerns in a divorce.

Filed Under: Divorce, Family Law, Legal Tagged With: , ,

Dividing Assets in a Divorce

June 8, 2011 By admin Leave a Comment

Ending your marriage is one of the most difficult decisions you can make. It’s a painful process that often takes years from which to heal. Of course, the legal process itself and the division of assets can be as difficult as the emotional pain. Many couples turn what should be a civil process into a bitter fight, and it can have lingering effects on them and their loved ones. Here are a couple of tips for having a clean division of assets.

First, be willing to give a little. There are things in the marriage that you know you want to take with you. You can encounter problems when you see taking possession of assets as a way to get back at your spouse. This will only cause you grief in the long run. If you don’t want it or don’t honestly feel entitled to it, then let it go. Doing this can create good will and ease the tension that’s usually inherent in this process.

Something else to consider is selling property. If you own a home, you can have an HOA management company come in and get the place ready while you sell the property and split the money. The bottom line is that at some point all your assets come down to a dollar amount and you have to be ready to split that dollar amount with your spouse.

Keeping a level head through the proceedings will help you achieve your goals. Remember this is not about a vendetta, but rather it’s about finding fairness in an unfair situation.

Filed Under: Divorce, Expert Advice, Family Law Tagged With: , ,

Keeping Your Teen Safe on the Road

June 6, 2011 By admin Leave a Comment
A diagram of the forces on the brain in a coup... 

Image via Wikipedia

Your baby is about to operate a deadly weapon, or restated, your teenager is starting to drive an automobile. The maturity level, based on how well your offspring slams a door during a good conversation, may have you a little concerned.

Many dangers exist on the road. According to the CDC, while falls (mainly children between the ages of 0 to 4) is the number one leading cause of traumatic brain injury (TBI), automobile accidents are the leading cause to TBI deaths in America. “The force involved in some TBIs is such that after the initial impact, the brain slams into the skull directly opposite from the site of impact, causing another injury. This is known as a coup-contrecoup injury and can occur even when there are no external signs of trauma like contusions, lacerations, etc.,” according to a Los Angeles brain injury attorney.

A study suggests that the three most common mistakes that lead teens to car accidents are being distracted, miscalculating the risks, and not paying attention to the road. According to the National Highway Traffic Safety Administration (NHTSA) and the Virginia Tech Transportation Institute (VTTI), driver distraction is the leading cause of automobile accidents including cell phone use and reaching for objects. Research also suggests the distracting feature of cell phone use is the conversation, and often drivers conversing with other passengers have an uncontrollable tendency to look away from the road and look at the person they are speaking to.

Now that you are armed with some empirical evidence, talk to your teen about safe driving, even if it results in slamming doors.

Filed Under: Family Law, General, Legal

Understanding Child Custody Laws

June 5, 2011 By admin Leave a Comment
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You’ve in the realms of getting a divorce. What should you know about custody laws?

  • Custody laws differ from state to state, so make sure you know and understand them as they relate to where you live. Questions? Ask a lawyer.
  • Custody laws are put in place to protect children. If one parent is mentally unstable, for example, full custody may go to the other parent with supervised visitations being held weekly for the other parent.
  • The desire of the child’s parents is also considered when deciding on child custody. One or the other parent may be better suited to take care of issues of schooling and medical care. One parent may even volunteer to be the custodial parent, while the other may say he/she feels incompetent for the task.
  • Joint custody may be offered—equal rights for both parents in the raising of their child, when both parents are equal in their ability to care and make decisions for the child.
  • Child custody laws are best understood through the assistance of a lawyer who can help you with the process.
  • Sometimes, visitation rights to one parent are denied because of potential injury to the child. Because the physical and mental health of the child is so important, if abuse has taken place, visitation rights may be denied to the non-custodial parent.
  • Visitation rights are not usually denied to those incarcerated or who have a prison record.

Understanding child custody laws is only your first step. The next is to get an attorney who can work with you and help you with the important task at hand.

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Finding the Best Divorce Lawyer

May 15, 2011 By admin Leave a Comment

While divorce is certainly a family issue, above all else it is a legal issue. Going through a divorce is a difficult process both physically and mentally, but because the stakes are so high it’s important to be well represented. Therefore, you need a very good lawyer to protect your assets and fight for access to your children. Unless you currently have a personal lawyer, you’ll have to find the best one for your case.

The law is a big business, so many firms can be found right in the business pages of a phone book. However, the information you find there can be limited. Instead, use online resources that can provide greater information such as reviews and a record of courts cases won by a specific lawyer. In addition, it’s easier to refine your search to lawyers that are in your area and specialize in divorce proceedings. If you’re in Canada, for examples, use the online search engine of Canada 411 to locate law firms both nationally and locally.

Those around you – family, friends and co-workers – can also be a great resource for finding the best divorce lawyer. Hiring someone from your family who is a lawyer may make the situation less awkward since they are already familiar with the situation. It’s a possibility your friends have been through divorces themselves and can provide valuable insight and referrals. Also, it is likely your company has hired the services of a reputable lawyer or law firm that can pass along recommendations or just may be willing to represent you.

Filed Under: Divorce, Family Law Tagged With: , ,

Why You Need a Parenting Plan?

April 21, 2011 By admin Leave a Comment

Children need love and guidance from both parents. When their parents no longer live in the same household a parenting plan helps to create a predictable environment for children to spend time with each of their biological parents.  A parenting plan is a legal document that addresses common parenting concerns, such as:

  • Dates and times of visitation
  • Holiday schedules. (For instance a child may spend Christmas Eve with mother and Christmas day with father.  Or the child may spend both Christmas Eve and Christmas Day with the mother in even numbered years and with the father in odd numbered years.)
  • How medical decisions will be made.
  • School and social functions. (For instance, how will the noncustodial parent be notified of parent/teacher conferences, school programs, and the child’s athletic events?)

The best parenting plans anticipate areas of potential conflict between the parents and provide balanced solutions.  In addition, good parenting plans will provide a method for the parents to work out conflicts that they can’t resolve themselves by requiring mediation or arbitration.  Initially parenting plans may seem rigid and unnatural, but over time they provide both the parents and the children a predictable rhythm to their lives.

Parenting plans are living documents—which means that they need to modified as the children grow and their needs change.  While many courts have court facilitators that will help you write your parenting plan, it may be necessary to a hire a mediator to help work out conflicts.  Most areas of the country have Dispute Resolution Centers that offer mediation on a sliding fee scale.

Filed Under: Family Law Tagged With: , ,

Determining Child Support

March 26, 2011 By admin Leave a Comment

When you are trying to determine how much child support you should be paying or receiving it is sometimes very confusing and difficult to determine the correct amount. There are several things taken into consideration when these amounts are decided upon. More than your income and number of children are considered. There are some guidelines and online resources you can use to help you determine the correct amount.

Although there are many online calculators available for determining child support payments, not all are accurate. When searching for an online calculator you need to find one that takes into account the laws of the state where the child lives, state child support guidelines, the payer’s income, the age of the child or children, and other important factors that may affect the case.

You may wish to look up information specific to the state your case will be managed. Child support is initially set in the state that the child resides. So long as the child and custodial parent continue to live there, that state will continue to manage the child support case no matter where the parent who pays child support resides.

In the event that circumstances have changed since an original order and there needs to be an adjustment made, the calculations need to be figured pertaining to the state in which the order was set. The jurisdiction of child support cases does not change unless all parties no longer live in the state of the original order. The order can then be moved to the state where the child resides and the laws and guidelines of that state would need to be followed.

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Minnesota Standard Visitation Schedule

March 17, 2011 By admin Leave a Comment

In Minnesota there is no set standard visitation schedule. Parents are encouraged to come to a schedule that works for both of them as well as is looking out for the best interest of the child. In situations where an agreement cannot be reached it is left up to the judge to set a schedule. This schedule will most likely not be very specific and will generally include basic visitation rotations such as a couple of weekday/ weeknight visits, alternating weekends, legal holidays that alternate year-to-year, and a two-week vacation each year (usually specified as being taken over summer break).

You may be in a situation that requires a more specific schedule. For example if one parent is likely to be uncooperative with setting exchange times or give adequate notice of intended vacation times, etc., you may need to put together a proposal for a very specific schedule that includes set vacations, set exchange times and places, and specific days and times for holidays.

It is advisable to consider using a mediator to attempt to negotiate the visitation schedule before taking it to the court system. By using a mediator you are more likely to find a solution that will allow a more appropriate schedule for your child. For instance, your situation may be that the other parent does not want overnight visits or is incapable of managing overnight visits. If this is the case, it would be wise to adjust the visitation schedule to eliminate or reduce overnight visits. On the other hand, you may want to split the parenting time more evenly than what would be offered through the court system.

Filed Under: Family Law, General Tagged With: , ,

Wisconsin Parenting Time Schedule

March 8, 2011 By admin Leave a Comment

When filing a parenting plan in Wisconsin parents should add a visitation schedule. It is necessary to include certain information about the visitation schedule such as how transportation will be handled, how child care will be handled, information about where the parents live, and information about the child’s school.

When parents are not able to come to an agreement on a parenting plan or visitation schedule they are required to attempt one session of mediation in Wisconsin. When no agreement can be reached each parent is to submit a schedule to the court and a final decision will be made by a judge. So, if you want to keep some control of the situation you may want to try to come to an agreement on a schedule.

The first step is coming up with a rotation schedule for overall time with the child. In a sole custody situation the child will live with the parent who has sole custody. Visitations with the noncustodial parent may include every weekend, alternating weekends, or even alternating weekend plus a weeknight visit. Parents who share joint physical custody of a child will usually split their time more evenly such as the child being with one parent for a week then the other parent for a week. Sometimes parents choose to split the time half and half each week.

Next is to determine additional visitation times pertaining to holidays. Holiday time should be split evenly between the parents so that each parent has equal time. Special events and vacation times should also be added to the schedule. Parents can also add provisions to the schedule. The more specific the provisions are, the better it is for both parents.

Filed Under: Family Law Tagged With: , ,
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