Child Custody- Tips For Building Your Case

Couples sometimes neglect opportunities to amicably resolve disputes when involved in the emotion and stress of separation and divorce. This is especially true in matters of parenting and child custody. If the two parties are willing to work together and avoid the courtroom, mediation can be a more favorable option, but in many cases, both parties feel strongly that they are the more suitable parent. In such cases, parties rely on an impartial judge to decide the case based on the facts. Before taking your child custody case before a judge, know what factors help you build your case while avoiding pitfalls.

Building Your Case

The only guarantee in a custody battle is that no one truly wins. During the trial, the opposing party will attempt to pinpoint aspects in which you may have seemingly failed as a parent, even when you believe that you have done the best job possible. When you have made poor choices in some areas, your hope is to convince the judge that those choices do not prevent you from being viewed as the best caretaker for the child(ren). The following steps can help as you prepare your case for custody:

1) Know your role

Simply wearing the title of "mother", "father", or "grandparent" will not hold weight in the courtroom. Be able to prove that you are the better parent. Aside from a title, you will be expected to define your role in the child's life. Consideration will be given to the amount of "waking time" you spend with your child on a daily basis, so be prepared to discuss what you do on any given day or weekend with the child(ren). Providing an account of meaningful experiences that you have given your child(ren) will only help your cause.

2) Keep good records

Possessing a strong feeling of love and responsibility for your child is not enough. When preparing for a custody trial, make an effort to document what you do for your child(ren). Be prepared to give an account as to how much financial, spiritual, educational, emotional, and physical support you provide. It may be wise to keep a journal noting instances that you think your attorney or the judge may find helpful. Judges are more interested in what you do, as opposed to hearing an account of what the other party does not do.

3) Do your homework - literally.

If your case involves school-aged children, know that questions may arise related to school performance and attendance. Being able to demonstrate a history or pattern of positive involvement in your child's education is a plus. Good indicators include Parent-Teacher Association (PTA) involvement, attendance at parent-teacher conferences, and a record of communication with the school related to your child.

Pitfalls

After a brief overview of ways to build your case, the following list represents situations to avoid if possible:

1) Do not assume

Never assume that the judge will favor you over the opposing party due to gender, financial stability, or any other surface related factor. Custody is simply about the question of which party provides the child(ren) with the likelihood of growing up in the best environment. Custody is a matter of character.

2) Playing the blame game

Many have heard the saying, "Keep your friends close, but keep your enemies even closer." In custody matters, it is important that you not seem overly critical or fault finding toward the opposing party. Both parents have a stake in the outcome of the case. If it appears that you are unwilling to work with the other party or consider his/her needs, the judge may view this negatively. Besides, if the case is not decided in your favor, the other party may be more willing to accommodate your needs if they feel less attacked during the custody process. Remember, it is more about what you do as a parent and less about what the other parent does not do.

3) People in your circle

Not everyone who has access to your needs to have access to your child(ren). Far too often, parents are judged by the company they keep. Involvement in numerous or unstable friendships and relationships can negatively impact the way a judge views your ability to provide a safe and stable environment conducive to raising children.

4) Habits that die hard

In a custody case, the past will return to haunt you. It is not okay to be dependent upon or casually accustomed to drugs and alcohol. Nothing speaks more of losing a custody case than drug, sexual, and/or physical abuse. Again, these issues speak to the character of the individual, and judges frown heavily upon such negative habits.



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How Do I Keep My Divorce Private?

In divorce mediation, there are:

1. No public court hearings;

2. No depositions;

3. No submissions of evidence;

4. No courtroom testimony;

5. No discovery;

With mediation, we can file your divorce documents in a foreign jurisdiction so nothing is even filed in your local court.

All negotiating is done in the privacy of the mediator’s office. After coming to an agreement on the pertinent issues in the divorce, the mediator drafts the couple’s decisions into a Marital Settlement Agreement, which is then signed by a Judge and filed with the Court.

Does Your Family Need Help From A Guardianship Lawyer?

If you suspect that a love one should have a guardian assigned, but you're not exactly sure if it's possible, it's vitally important that you learn more about which situations call for legal guardians and which ones do not. Understanding when it's possible to have one established can save your family a lot of strife and heartache.

How A Guardianship Lawyer Can Help In Case Of Mental Illness

If you suspect that someone you love is mentally ill and needs help, it's possible to establish guardianships that will control their medical and financial decisions.

The most well known case of this involves Britney Spears. When she spiraled out of control several years ago, her parents agreed that she needed help after she shaved her head and attacked a paparazzo's car with an umbrella. Her father petitioned the court and asked to be granted conservatorship. Although it's not exactly the same thing as becoming a guardian, it's similar (though you should consult an attorney to find out the specific differences in your state).

This conservatorship meant that Britney was no longer able to make her own decisions regarding her finances or medical choices. It's said that her father saved her life by stepping in, but it's unclear whether the conservatorship would continue as a long-term situation.

How A Guardianship Lawyer Can Assist A Minor Child

Situations involving minor children are some of the most commonly understood guardianships. If both parents die without a will, no one is named as the guardian. In these cases, an attorney can help determine who will act as the guardian for the child. It needs to be legally established through the court to ensure that the adult has decision-making authority.

Another situation involving minor children is if parents are unable to care for their children. This can happen because of neglect, but could also be a result of military duty. If a single parent is deployed, he or she can establish guardianships to ensure that a responsible adult is available to make major decisions for the child.

How A Guardianship Lawyer Can Assist The Elderly

If you have a loved one who is getting older and you feel they're unable to make their own decisions in financial and medical situations, it's possible to set up guardianships. Some seniors need help ensuring they receive proper medical care, especially if they have health problems such as Alzheimer's Disease or if they suffer from dementia. Other seniors are especially susceptible to financial scams, and having someone act as a guardian can protect their assets. It can be difficult for seniors to relinquish control over their financial or personal well-being and an attorney will aid families navigating through this tricky situation.

If you're unsure whether a guardianship lawyer can help your family, contact one in your area. He or she will be able to analyze your situation and let you know whether it's appropriate to petition the court to grant a guardian for your loved one.

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6 Tips That Will Help You Understand Child Support

Whether you are going through a divorce or just separating from your partner, you'll need to make child support arrangements for any children that you share. The few tips listed below will help you successfully navigate the system.

Determine Who Will Have Primary Custody

Primary custody does not mean sole custody. It simply refers to the parent the child will spend the majority of their time with. For example, if a child spends school days with mom and weekends with dad, then the mother would be listed as the primary custodian, even though both parents are sharing joint custody. This is one factor the judge will look at when determining monetary support obligations.

Prepare an Income Statement

Another factor in deciding the amount of funds to be set aside for the care of a child is how much each parent currently makes at his or her job. The judge will want to see evidence, so take the time to create an income statement that accurately reflects your wages.

Seek Legal Representation

Although you can file for child support without hiring a lawyer, it is not recommended. Seeking legal counsel is the best way to ensure that your child gets adequate support if you are the primary custodian. On the other side, an attorney is knowledgeable about how much money is fair so that you don't end up paying above what is reasonable.

Make Adjustments if Necessary

An order of support is not set in stone. If either party experiences a change in income, or one parent begins to take over the majority of the care of the child, an adjustment can be made. Your lawyer can help you get an adjustment if one is warranted.

An Order Doesn't Necessarily Stop at Age 18

It is a common assumption that child support stops once a minor turns 18, however, this is not always the case. The order can actually remain in effect until a child finishes school, which includes up to five years in college. There are other exceptions to this as well, such as a child who suffers from a disability that renders him or her unable to work.

Take Steps to Enforce the Order

Should the non-custodial parent fail to pay the amount ordered by the judge, there are steps you can take to have the child support agreement enforced. First, you can call the case manager that has been assigned to you and request a delinquency notice. Second, if the delinquency notice is not heeded, you can request a warrant for non-payment of support. Keep in contact with your case manager, and remember that he or she is there to work on behalf of your son or daughter.

Laws are changing all the time, so it is important that you check with your legal representative before requesting aid from the court system. Also, your lawyer will better be able to explain to you the complex formulas used by courts to determine the monetary amounts sufficient for the raising of your child.

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Workers Comp Related Retaliation Claims

Workers Comp Related Retaliation Claims

Why You Should Hire A Divorce Attorney Rather Than Representing Yourself

If you have decided that your marriage is no longer working, you have a few different options available to you; you can stay together with your spouse and try to make the marriage work, you can try a legal separation period to see whether this has any effect on the situation, or you can legally terminate your marriage with a divorce. In order to file for a formal divorce, you must complete necessary paperwork and submit it properly. If this is not done correctly, your divorce may not be made official, and you could accidentally implicate yourself in marital crimes, such as polygamy. Although it is possible to file for divorce without the aid of an attorney, most people prefer to use a divorce attorney for a few different reasons.

The main reason to use a divorce attorney to represent your interests is that they are skilled and experienced in how divorce proceedings work in the state where they work. They will be able to draw up the necessary paperwork quickly and easily, and they will be aware of any legal subtleties which exist in your area. Some regions have slightly different divorce regulations to other areas, so you may not necessarily be able to follow step-by-step guides which you find on the internet. Because of their knowledge and experience, they will be able to complete the proceedings in as little time as possible, meaning that you can begin to move on with your life, rather than having to drag things out. Divorce attorneys also know the most common pitfalls of divorce work, and therefore they will be able to help you to avoid these issues. Having an experienced person on your side can help you to feel more confident about submitting your finalized proceedings.

If your separation of assets is not clear-cut, you may also want to speak with a divorce attorney because they will be able to negotiate the best deal for you. Attorneys are skilled in the art of negotiation so they will be able to help you to assert your claim on property which is rightfully yours. Many people who do not use a divorce attorney will regret this later on because they will feel upset about relinquishing their claim to assets which were partly theirs.

If your partner has hired a divorce attorney to represent their interests, it is a good idea to make sure that you have one to represent yours. If you try to represent yourself against a professional with experience in the field, you are likely to lose a lot more money (and assets) than you would stand to spend on hiring your own legal professional. An opposing attorney will attempt to confuse you with legal terminology and tricky loopholes so that you accidentally make concessions that you don't want to make. Your attorney will protect you in this respect.

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What Is A Prenuptial Agreement

Choosing to get married is an exciting decision and should be made after careful consideration. Most of us hope for a lasting marriage, but with the rising divorce rates it doesn't always turn out that way. Therefore, it may be important to consider making plans to protect your personal assets.

How A Social Security Attorney Can Help You Get The Benefits You Deserve

Everyone hopes that they will never need a social security attorney. However, if you become disabled or are unable to work because of a physical or mental illness, you may need help navigating the system to ensure you get the benefits that you are entitled to. An experienced firm who is knowledgeable about social security and disability laws can take care of the interaction with insurance companies, the Social Security Administration, Veterans Administration, and any other groups that may be related to your claim.

The Social Security Administration (SSA) website indicates that everyone is entitled to representation when processing a claim under titles II, XVI, and XVIII of the Social Security Act. However, did you know that most claims are denied initially, and often with the first reconsideration as well, even if an attorney represents you? In that case, an administrative law judge hears the claim. It is at this point that a social security attorney can be a big help to win the claim. While legal representation does not guarantee that you will receive benefits, a reputable firm should be able to provide you with the best possible case and possess all the information needed prior to a hearing.

The SSA considers someone disabled if a person's physical or mental condition makes it impossible to do suitable work for his or her age, education, or work experience. Also, the disability must be one that is expected to last for at least a year or to result in death. To make this determination, the SSA considers the following:

- Is the claimant currently working? If so, and he earns an average of more than $500 per month, he typically will not be considered disabled.
- Can the condition be considered "severe"? Does it interfere with basic work-related activities?
- Is the condition listed in the SSA list of disabling impairments? If it is on this list, the claimant will definitely be qualified.
- Can you do any work that you have done before? If your condition is severe and keeps you from doing your current job, is it severe enough to keep you from doing other work you have done in the last 15 years?
- Can the applicant do any other type of work? If he cannot do anything previously done in the last 15 years, the SSA will consider whether he can do any other type of work based on age, education, past work experience, and skill set.

A qualified social security attorney can help you deal with one of the most confusing of all the federal government systems. If you determine that you meet any of these qualifications, you should contact an attorney experienced with social security claims to help you get all the requirements together to present your case to the SSA. Do your homework and retain one that will do their best to get your benefits in a timely manner.



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Divorce Advice : Top Reasons For Divorce

The top reasons for divorce include adultery, differences in childcare, financial disagreements and addiction problems. Discover and avoid the top reasons for ending marriages with tips from a relationship specialist and talk show host in this free video on divorce.