What Is Joint Custody?

What is Joint Custody?

Angelina Jolie and Brad Pitt Custody Battle

According to June 6 court papers in the Angelina Jolie/ Brad Pitt custody battle it appears that the children are being closed down to a relationship to their father. This can be considered parental alienation.

The June 6th Court papers obtained by People Magazine states:

"The children not having a relationship with their father is harmful to them and that Jolie could be in danger of losing full custody if the minor children remain closed down to their father."

I would categorize this divorce as a high-conflict divorce and the custody battle seems to be heating up.

I have seen in my custody cases that many times one of the parents will not promote and at worse still discourage the children from seeing the other parent. This is called parental alienation and is quite common especially in bitter custody battles.

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When Do You Need To Hire A Lawyer?

When Do You Need To Hire A Lawyer?

Who Pays For Visitation? And Other Questions A Family Law Attorney Can Answer

Legal proceedings for a divorce can be an arduous and highly emotional experience, and adding children into the mix can make this time nearly unbearable. To alleviate some of the stress, it is imperative to hire a family law attorney. They are experienced and equipped to answer the hard and fast truths about divorce and custody. Here are a few of the tough questions an attorney can handle.

Can I Modify a Court Order or Judgment?

Under certain circumstances, a judgment can be changed. Custody arrangements can be altered if the child's needs change or if one of the parents has to relocate. If there is a difference in income or employment status, the court can address a previous order as well. As soon as there is an indication that a court order needs to be modified, contact a lawyer.

Will I Have to Pay My Spouse's Attorney Fees?

Whether or not one spouse would have to pay for the other's family law attorney fees varies from state to state. In some cases, if one qualifies as a dependent spouse, he or she would be entitled to lawyer fees. The status of "dependent spouse" is determined by several factors-mainly how much disposable income the person has, and whether he or she depends substantially on the other person for financial support. The traditional example of a dependent spouse is a stay at home parent. However, working parents can also qualify.

Who Pays the Travel Expenses for Visitation?

When parents live in different states, the cost of travel can become a huge expense. Judgments will differ by state, but in most cases, the non-custodial parent will pay for the child to go for court-ordered visitation. In some instances, if the custodial parent has made the decision to move out of state, the judge may order the custodial parent to handle the travel expenses. It is also possible that the court will ask both the parents to create a trip trust fund to ensure that when visitation is needed, there are resources available.

If I Lose My Job, Do I Have to Continue to Pay Support?

If a party's financial circumstances have changed in any way, they are still required to pay the agreed upon amount of support. However, it is encouraged that the affected party notify the court as soon as possible and pursue a modification to the court order. Financial hardship is a valid reason to ask for an adjustment to items like the amount of payment or payment schedule. It should be noted that until the court approves the modifications, all persons should continue to send support in compliance with the original order.

Going through a divorce or custody battle is not only emotionally taxing but also very complex. Laws differ from state to state, and they can also change. It is important to hire someone who is knowledgeable of the most current legal proceedings in the jurisdiction of the case. A family law attorney can help to navigate the proceedings and make way for a clearer and more effective experience.


Article Source: http://EzineArticles.com/9520220

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The Risk Of An It's All or Nothing Mindset in Your Divorce & Custody Case

I just finished a trial last week and I had hoped going into the case I could help my client settle all of the issues in his divorce and custody case.

Two of the issues had to do with decision making also known as custody and parenting time of the parties’ son.

There also some financial issues and child support. Going into the case it seemed like my client was going to be pretty flexible but as time went on his thinking went to an all or nothing mindset. What that looked like is he refused to consider any settlement offer that any part of it contained wasn’t what was in line with his thinking.

The other party submitted several offers which were pretty good. And my client did have some valid issues regarding decision making and parenting time. But if there was one term that he didn’t agree with he said no to everything.

What ended up happening is we went to trial on all of the issues and he did win on some of the minor issues but on the major issues he did not. Not settling is a risk people decide to take but they must always remember that they are taking a risk when they go to trial.

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