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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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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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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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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.

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Have you got children? What to expect when filing divorce?

December 22, 2010 By admin Leave a Comment
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Marriages are made in heaven. But sometimes, it is not possible for couples to continue with their married life because of incompatibility, cheating of partners or wrong attitudes. Living with each other becomes so difficult at times that people have to decide about taking divorce to get out of the relationship. Divorce is the final contract of separation between two partners and is the very unfortunate reality of life.

If the partners have decided to get divorced and they are having children, it is not only them two who get directly affected by the decision but their children as well. The procedure of getting divorce while having kids often becomes bit lengthy as there are certain things that need to be settled legally.  If you are having kids and have decided to take divorce from your partner then along with other things you must be expecting to settle things associated with your kids i.e. child support.

The child support laws are defined to guard the rights of children whose parents get separated so that the children do not get affected by the circumstances of divorce. There are many different factors and guidelines defined by the law authorities to protect the rights of children and to make sure that their expenses and everyday necessities are provided by their parents. If you are filing divorce then you must know that as divorce laws are different in different U.S states, so are the child support laws. And to get the better understanding of the child support laws of your state you must be consulting your lawyer so that the attorney could explain all the things associated with divorce and the child support.  Like, if you are living in Florida and are getting divorced from your partner, then your children care and support will be decided on the basis of Florida Child Support laws. Hence, you must consult your legal advisor to explain all the Florida Child Support laws to you.

Having a better understanding of divorce and child support laws specific to your state enables you to understand how different laws are going to affect you and your children rights.

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Your Custody Arrangement Options — Part 1

December 17, 2010 By admin Leave a Comment
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When you have decided that a divorce is the best or only option for you and your family, you will find yourself dealing many important decisions requiring your immediate attention. But of all the pressing matters you must attend to, none may be as important as the child custody arrangement you make with your spouse.

There are sever types of custody arrangements, but the two most common are joint custody and sole custody. As with all custody arrangements, sole and joint custody rights are granted to the parents by court order. It is beneficial for both parties to agree on the arrangement, but in situations of physical abuse, neglect, or trauma the court will order a custody arrangement that is in the best interest of the child.

Joint Custody

Joint Custody is the most common type of custody arrangement and involves both parents sharing the responsibility of raising the child. Both mother and father agree to make joint decisions regarding their child’s life such as issues involving medical care, education, and extracurricular activities. In this type of arrangement, both parents agree to remain active participants in the child’s life, and commit to regular and continual contact with the child.

Joint custody does not necessarily mean physical custody, where the child lives 50% of their time with one parent and then 50% of their time with the other. This is a separate arrangement, handled through the court process.

Sole Custody

Sole Custody involves one parent retaining primary responsibility for the children. Any decisions regarding the children are made by the parent awarded sole custody – however, at their discretion a parent with sole custody may include the other parent in decisions regarding their children’s care and upbringing. Unless the court has decided otherwise, the other parent continues to retain approved visitation rights. The other parent is also expected to adhere to the financial responsibilities ordered by the court.

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Your Custody Arrangement Options – Part 2

December 16, 2010 By admin Leave a Comment
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Child custody is a complex issue and will essentially establish the relationship you have with your children. In Part 1 of this 2 part article on Custody Arrangements, joint custody and sole custody arrangements were discussed. Now, it is time to consider the split custody and fifty-fifty custody arrangement.

But, before you decide on a custody arrangement, keep in mind there are several things to consider  how often do you want to see your children, is your spouse a proper care giver, what living arrangements can you provide for your children, will you be able to keep your children at the same school?

No matter what your preference is; the arrangement will be court approved and the decision will keep the best interest of the children a priority.

Split Custody or Divided Custody

When a family has two or more children, both parents may agree to a split custody arrangement. Split custody involves each parent taking primarily responsibility for one of the children. Split custody arrangements are best in an amicable divorce, when both parents live in close proximity to each other.

There are criticisms involving split custody, with psychologists and child advocates arguing against the separation of siblings especially when they are already dealing with their parents break up. However, there are quite a few families who thrive under this type of arrangement and find it was in the best interest of the children to give primary responsibility for each child to a specific parent.

Fifty  Fifty Custody Arrangements

Similar to joint custody, fifty-fifty custody arrangements grant each parent about 50% of the child’s time. The time with children is not considered a form of visitation, as each child literally lives with one parent and then the other. The benefits include continuous parent involvement in the child’s life, as well as the sharing of care giving responsibilities. However, many children find the consistent moving from home to home a type of psychological and emotional upheaval.

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