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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.

 

Filed Under: Family Law Tagged With: , ,

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.

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

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: , ,

Court vs. Mediation

February 25, 2011 By admin Leave a Comment

When you are faced with a legal issue that may need to be taken to court, it may be advisable to attempt mediation first. Overall mediation can achieve a more favorable outcome with less money and time that issues that need to be resolved using the court system.

In the court system your case is usually public knowledge. However through mediation cases are kept private and confidential. Courts take a lot of time and are usually lengthened by conflicting schedules between parties, attorneys, judges, etc. In mediation you set the schedule. Of course there are several people’s schedules you still need to deal with, but overall you are much less likely to experience significant delays in scheduling as you would in the courts.

Judges have very little time to hear or review your individual case. Sometimes they have less than five minutes to hear what you have to say. In fact, you may only get a minute or two to testify in your own case. Through mediation services you are able to spend the time necessary to be heard. You are able to fully describe your situation and work on a solution. Many times you have to make split second decisions in crowded hallways on your case when dealing with the court system. In mediation, however, you are able to take the necessary time to think over your decision.

Court costs can become very expensive. Every delay costs money. Time that your attorney spends preparing your case and every hour your attorney spends waiting on your case costs you money even if there is no progress made. Through mediation you are able to control the cost for the most part. The cost of mediation tends to be about one-third of the cost of a typical court proceeding.

Filed Under: Expert Advice, General Tagged With: , , ,

What is Mediation

February 18, 2011 By admin Leave a Comment

You may have heard the term “mediation” before but you may not really know what it is. In the legal world mediation refers to using a licensed mediator or neutral third party to help resolve legal issues without litigation. A mediator will help people create workable solutions to problems without assigning blame or making judgments. Mediation allows the parties involved to be in control of the situation rather than a judge or attorneys.

In general settlements that have been reached through mediation are far more likely to be honored than those that have been reached through a court battle. When an agreement is reached through mediation a document is drawn up with the agreement spelled out so both parties can be reminded of the agreement. For protection of each individual, it is still advisable for each party to have their own attorney who is willing to work in a mediation environment. Once the agreement is reached and written up, each party as well as their attorneys will receive a copy of the agreement. The attorneys can then file the agreement with the courts to make it legal.

Mediation is a voluntary process, although in many states is not mandatory before taking certain types of cases to litigation. During mediation the mediator will help parties understand the issues. They will help to develop solutions that are designed for the specific needs of each person. It is a mediator’s job to help keep control of the situation in the hands of the parties rather than any outside agency, individuals, or the authorities.

Overall mediation is less expensive, less stressful, less traumatic, and a less prolonged process with much better results than traditional litigation processes. Mediations are set in a private, comfortable, safe setting. Mediators are not counselors or therapists. It is a conflict resolution system.

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

Divorce on the Rise in America

January 25, 2011 By admin Leave a Comment

Divorce is definitely on the rise! In America the divorce rate for a first time marriage is as high as 50 percent ending in divorce. Over 60 percent of second marriages and over 70 percent of third marriages end in divorce. Why are these numbers so staggering?

The stigma of divorce has completely changed over the years. Fifty years ago it was unheard of to get a divorce and if you did there were a lot of social repercussions because of it. Now divorce has become so common it is not a socially unacceptable thing anymore. In fact, it seems as though it has come to be almost expected. Too many couples go into marriage with the idea that if it doesn’t work out, no problem, you can always just get divorced. Not enough couples enter marriage considering it to be a life-time commitment anymore.

In the past there were very strict laws governing divorce. Now the laws have become more lax and most states have no-fault divorces. The paperwork has become easier and the entire legal process is much less complicated. In fact, there are even do-it-yourself divorce packets available in situations where there is nothing contested. In America divorce has become as simple as signing a few papers and you are done with it.

Rising divorce rates can also be attributed to the fact that most families have dual incomes now. With both spouses working full-time jobs there is very little time for much else. The responsibilities around the home become a source of contention. Wives often feel the overwhelming burden of work, family, and home. This can eventually lead to resentment and contention.

There are many other factors that have driven up the divorce rates in America over the past several decades. The most obvious is that our culture, laws, economy, and social expectations have changed drastically.

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

How to Drive Away From a DUI Conviction

January 21, 2011 By admin Leave a Comment

Getting charged with a DUI is about as bad as you can get without going to jail for a crime. First, one has to take into account how dangerous and reckless it is to drive while under the influence. No matter the situation, there is just no reason to do anything that dangerous. For most people, a night in a holding cell waiting to be bailed out is enough to make them see the error of their ways.

Now that the message has been received loud and clear, there is a need to try and get out of the DUI as best you can. For that you will need two things. You will need to show your commitment to no longer drinking, and you will need a top-of-the-line attorney.

Showing a commitment to staying sober will go a long way in convincing a judge or a prosecuting attorney that you are serious about getting clean. This will increase your leverage, but it will also provide you with the help you need to make sure the mistake never happens again. You can find great rehab centers and counseling on sites like TheCyn.com and learn about facilities like The Canyon.

Once you get yourself into a treatment program, it’s time for your attorney to start working on your behalf. One thing they can negotiate is probation before judgment. This means that you are put on probation for a pre-determined amount of time before judgment is passed down. This is a great way to avoid a DUI. Another thing the lawyer can do for you is negotiate to keep you driving up until the sentencing. The goal is to extend your right to drive as long as you can. If the lawyer can pull a few strings, he can get you on supervision or request as a condition of your probation to have your car installed with a breathalyzer.

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

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

December 22, 2010 By admin Leave a Comment
Children in Jerusalem.
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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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Filed Under: Divorce Tagged With: , , , , , , ,