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Archive for the 'Child Custody' Category

Helping Your Own Custody Case

Posted by admin on 27th April 2006

When you and your spouse decide to get a divorce, you must stay with your children. This is important because your spouse can use the fact that you left against you in court by saying the children need constancy that has been in their lives since you left. 

You can help your custody battle by staying out of trouble. You will have to face many interviews by the court and people who work with the courts. Do not quit your job, find a new person to spend your life with, go out all the time, etc.

Be prepared! Get a good lawyer and make sure they know what they’re doing. Check their history to see how many custody battles they have been through and how many they have won.  The lawyer will help you make all the decisions you need to make.  All the subjects that will be covered in the court your lawyer will cover with you.  Your lawyer will listen to all that you want and try to make it happen for you. When the time comes, you will need to state in court what you want and why you want it.  If you cannot afford a lawyer, you can hire one just to talk with you about what will happen and what to do. That is a much cheaper way to go about it.

The court may decide to send a psychologist to your home and to your spouse’s home. When they arrive act normal, be yourself and go about your everyday activities. If they ask you questions, answer all questions honestly. If the children are at home and they wish to talk with them allow your children to talk openly and honestly. Do not interrupt and answer for your children. If you do, you may look like you might be hiding something.

When the time comes for court, be on time and dress appropriately. When the judge calls your case, be polite and address the judge by “your honor” Do not argue with anyone. Emotions are fine in the court room but do not go over the top. Try to be as prepared as you can when you go in. If you do not understand a question they ask you, don’t be afraid to say so. Make it clear what you want to see happen and why you want it to happen.  Be prepared.

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Guardian Ad Litem

Posted by admin on 27th April 2006

A child is sitting in the courtroom while a thousand things are going on at once.  Being questioned one minute and the next no one listens when you say a word.  There’s also the confusing motions and language coming out of everyone’s mouths and everyone always staring at you.  This is what it’s like for a young child to be in a courtroom.  They have no idea what’s going on or what’s going to happen to them, most probably think they are in trouble.  The child would then get sent off somewhere that he had no say in and would be lost forever.  This would be the case if not for guardian ad litems, these are advocates of the child. 

The guardians are the ears and eyes for the child that is in the courtroom.  The children in these situations have never done anything wrong and aren’t in trouble, but most feel like they are.  The guardians help them with this and tell the child what’s going on and help them with answers.  The guardian’s job is to befriend the child and gain their trust.  The guardians are going to be advocates of the child’s voice in the courtroom.  They talk to the child and help them understand the mess of the courtroom and keep the child from being overwhelmed by the situation.  They also convey what the child has to say, since most adults will only listen to adults this is a good psychological tool. 

Guardians in some cases have to be specialists in their fields, other times it’s up to civilian volunteers to help with the children.  Every state has a site where you can go and get information on becoming a guardian ad litem.  You’ll be helping children that have been abused in some way and help calm the child and convey their messages.  Being a guardian ad litem is very hard and you must take it seriously, a child’s life is with you.  This is why sometimes the guardian is appointed by the state and is a specialist in their field.  They have experience in dealing with children under certain situations and can most help the child out of them.  There’s always room for more volunteer guardians though, most states need them badly.  Do a quick search on the internet to find your states website about how to join up and become a guardian ad litem.

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Grandparent Visitation Rights

Posted by admin on 27th April 2006

Grandparents have a lot to worry about these days when it comes to divorce and seeing the grandchildren. Sometimes your daughter or son’s spouse moves far away with your grandchildren, other times it’s the other way around. It can be very confusing and upsetting for you. Grandparents have right just as parents do. It is important you know what to do when it comes time you want to see your grandchildren!

You should start off by writing letters to your grandchildren and calling them. Let them know that you are thinking of them and want to see them .Don’t make them feel like they’re in trouble if they don’t see you or manipulate them,  But don’t push to hard because you don’t want your former son or daughter in law to become annoyed. Talk to your son or daughter and tell them you want to see your grandchildren. You can even call up the former in law and tell them you would like to see the children. They should be understanding and allow you to see them. But sometimes that’s not the case.

If there are legal battles raging, let them rage and stay out of it unless you are asked to support your son or daughter. Legal battles are difficult enough and you don’t want to cause anymore conflict then there is. Do not pursue your own legal conflict until theirs is resolved. Be sure to let everyone one know that you do want to see your grandchildren more often.

If you still do not have the chances to see the children then it is OK to pursue a legal matter. Just be sure you know what you want to and how you will get it.

This is a very hard time for the children. They do not understand what is happening and why it is happening. Be sure not to involve them with any arguments or other dilemmas. When you do get the chance to see your grandchildren, do not talk down the other parent because that’s what the other parent expects you to do. You don’t want to ruin the time you have with these children. It is important you have fun with them and do nice things with them. Show them that even grandma and grandpa can have a real fun time. Your grandchildren will be with you forever and they love you as much as their parents.

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Alabama Child Custody

Posted by admin on 27th April 2006

You and your spouse decide that it’s time to break off the marriage and go your separate ways; the only thing that complicates this is your child.  What parent do they stay with during the custody hearing?  What should you do about visitation rights for the other parent?  The easiest and simplest way is to get lawyers, they can help you understand the proceedings and mediate the hearing.  Usually though the child will stay in the house, so whoever stayed in the current house would keep the child with them.  Both parents though at the initial time have joint custody and both have the right to see the child as they wish.  It’s until the hearing that this can change.

Your child will get no say in what home they want to go to.  The courts will always choose what they think would be best for the child.  Usually keeping them in the more stable of the homes is best but keeping them from moving is also a factor, they don’t need to go to a new school during all the commotion at home.  If joint custody is awarded they will usually stay at the original home to maintain stability and limit the impact of the situation.  With joint custody both parents have a right to make decisions for the child, they keep the same rights as if they were still living there.  This includes things like their school if both parents must sign something.  Each parent will have more say so in some situations than others though, depending on the court hearing.  Things shouldn’t be done to spite the other parent though; things should always be done in the best interest of the child at hand. 

Child support will follow a predetermined number based on many factors such as pay of both parents and the number of children that are involved.  This can be changed in court though through the hearings.  If you have custody just make sure you follow the law and don’t deviant from the court.  Remember what the child must be going through and help them with the pain.  If your spouse can’t make a payment because of some kind of problem or trouble they are going through try and do what’s best for the child.  If you can handle the money situation without having to drag everyone back to court then please do so, the child has suffered enough.

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Effects of Adultery on Divorce and Child Custody

Posted by admin on 27th April 2006

It is a long process and a hard one when trying to divorce someone who has cheated on you. If there are children involved it is even harder. Most states try and do what is best for everyone in the family. When adultery is involved it gets even harder. You would have to prove that your spouse was seeing someone else. There is a lot the courts have to go through before the final hearing can be approved. It is always best to seek the best legal counsel you can afford.

Every state and country is different when it comes to divorce and child custody.

Laws are different everywhere but the majorities are in favor for what is best for the child. The criminal record of both parents can effect where the child goes as well as the reason for divorce may also effect who gets custody of the child or if either parent will receive custody.

If your spouse has cheated on you, the court will most likely be in favor of giving you custody of the child. The age of the child comes into play in many court cases. And sometimes children may be asked in the judge’s chambers which parent they wish to live with and their reasons why.

If your spouse has cheated on you and you want to get a divorce and there are no children then most states will allow a divorce without a waiting period.

Custody battles can be very hard on everyone involved, including children. It is important you let the children know that both parents love them and never discuss the other parent in front of the child. You want the divorce and the battling to be done with as much ease for the children as possible. You do not want your child to think that the other parent is bad and so forth.

The courts will give custody to the parent they view to be best for the child’s well being.

Criminal records will be brought out and if there is something on those records they deem wrong. You will have lost the custody battle for your child. The most important thing when it comes to child custody is which parent can care for the child the best, has a home for the child, and which home is more morally sound. The children should not be in the court room unless they will be taking the stand for any reason.

When the child’s fate is decided, child support checks will be decided along with visitation rights. Usually there is a set visitation schedule that differs from state to state and some parents can also work out their own visitation schedules through their attorneys.

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Wyoming Child Custody

Posted by admin on 27th April 2006

Wyoming has three major types of child custody, joint, sole, and shared. The court will determine which is more beneficial to the children and is also in the best interest of the children by considering many factors. These factors include:

* The wishes of the children as to which parent they would like to live with.

* The capability of both parents to care for their children.

* Which parent will allow the children to have a relationship with the non-custodial parent.

* The relationship between the children and each parent including emotional ties the children may have with one parent over another.
* If the parent can provide food, clothing, medical care and any other material needs that need to be met.

* How long the child has lived in this home and if the home is a stable environment.

* If the home in which the child now lives is a strong permanent home.

* The morality of the parents.

* The physical and mental health of both parents.

* The school, the community, and the home environment in which the children now live.

* What the children prefer if they are old enough and mature enough to make that decision.

* The overall willingness of the each parent to keep a close parent child relationship with both parents and their children.

* Evidence of domestic violence.

* Any other factors that are considered to be important and in the best interest of the child.

If both parents are deemed to be fit and worthy parents the court will suggest joint custody or shared custody. This gives both parents the rights to make major decisions regarding education, medical, dental, religion and any other issues that may arise. Normally, the parents will submit a parenting plan to the court that will explain where the children will be living and if they will be spending equal time with each parent, what school the children will attend, if both parents will be making the decisions or if they will share this responsibility, and what they propose in case of disrupts that may arise which can include counseling, a mediator or even parenting classes.

If joint or shared custody is not feasible the court will award custody to the parent they believe will be in the best interest of the children and will allow the children to have a loving relationship with their children.

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Wisconsin Child Custody

Posted by admin on 27th April 2006

Wisconsin Child Custody cases determine child custody by reviewing all facts and information that is in the best interest of the children involved in the case. Even though each case is based individually there are a few factors that are set to aid the court and judges in making the final decision.

These factors are as follows:

* The wishes of the parents and any parenting plan or legal custody proposal the parents have submitted.

* The wishes of the children if the children are old enough and mature enough to make these decisions.

* The relationship and interaction between the children and each parent.

* The relationship the children have with their siblings and others living in the home.

* The amount of time each parent has spent with the children in the past.

* The amount of time each parent is expecting to spend with the children after the divorce.

* The adjustment the children have in their school, their community, their religion and their home.

* The age of the children.

* The development of the children and the educational needs the children will at different ages.

* The physical and mental health of both parents, the children and others in the home and how this may affect their physical, intellectual and emotional well being.

* Which parent is capable of providing a stable and safe home environment.

* If there is available private or public child care services.

* If the parents can communicate and cooperate when it comes to issues concerning their children.

* If both parents can encourage frequent and continuing contact with the other parent and the children without interfering.

* Evidence of child abuse.

* Evidence of domestic abuse.

* Alcohol or drug abuse.

* Reports by appropriate professionals which are in the best interest of the children involved.

* The safety and well being of the children.

* Any and all evidence that can aid the judge in determining the best type of custody in each individual case.

Wisconsin does lean toward joint or shared custody if at all feasible, for the well being and the best interest of the children. Children need the love and affection from both parents and normally joint custody can provide the balance they need to adjust to their new lifestyle with both parents living in separate locations. If joint custody is not possible the court will determine which parent is best suited to care for the children and will set up visitation for the non-custodial parent.

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West Virginia Child Custody

Posted by admin on 27th April 2006

In West Virginia the law states that either parent can be awarded custody of their children, but in most cases the primary caretaker of the children is awarded custody. There are a few factors that court will consider when deciding what is in the best interest of the children and they are as follows:

* The stability of the children in their home.

* If the parents have submitted a parenting plan or any other written agreement concerning child custody.

* The relationship of both parents and their children to continue.

* That continuing meaningful contact between both parents and the children are met.

* Placing the children’s needs above any thing else.

* Have a loving and stable environment.

* The home environment should be free of any physical or emotional harm.

* The ability to make decisions wisely regarding the rearing of the children.

* The ability for both parents to be fair with one another regarding visitation.

* The wishes of the children if they are of sufficient age.

* The wishes of the parents as to which parent that wish to have custody.

* Which parent was the primary caretaker of the children.

* If both parents will encourage the relationship of the other parent with the children.

* The adjustment the children have in their home, community, and school.

* The physical and mental health of any home in the home.

* The relationship the children have with both parents, their siblings and others living in the home.

* Domestic violence.

* Drug or alcohol dependency.

Joint custody is usually preferred if both parents are willing to work together to provide what is best for their children. In some cases, the court may order parenting classes, divorce classes and even counseling for the children or the parents to aid in helping each member of the family adjust to their new lives. When it comes to joint custody you may wish to have a mediator help you and your spouse learn to communicate and resolve any disagreements that arise in the rearing of the children.

If joint custody or shared custody is not feasible the court will award custody to the parent that they believe is best suited to care for the children and the non-custodial parent will have reasonable visitation. The visitation schedule can be set up by the court or by the parents with the courts approval.

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Washington State Child Custody

Posted by admin on 27th April 2006

In the state of Washington, no matter what type of custody each parent is seeking during their divorce a parenting plan must be submitted along with the divorce papers. The parenting plan must include what the parents will do in case of any disputes involving the children, which parent will make the decisions regarding the children, and where the child will live.

In determining legal custody in the state of Washington there are factors that will be considered before an award of child custody is given to either one parent or both parents. The court will decide after reviewing the factors which parent will be responsible for the education, health care, and religious training of their children or if both parents can share in these responsibilities. In either case, normally both parents can make decisions on the day to day care of the children while in their care and may make any decisions in an emergency situation that can affect the health or safety of the children.

When deciding on custody joint custody the court will consider the following factors:

* How each parent has participated prior to the divorce in making decisions regarding the rearing of their children.

* If both parents show the willingness and desire to work together in making decisions regarding their children.

* How close both parents live to one another and how it might affect a timely decision making procedure.

hen deciding on which parent is best suited for physical custody of the children the court will consider the following factors:

* The relationship the children have with each parent and if one parent has had more responsibility in the daily functions of the children’s lives.

* If any agreements have been made between the parents.

* The past, present and future parenting performances.

* The emotional needs of the children and the level of development of each child.

* The children’s relationship with their siblings and others living in the home.

* The involvement of the children in their community and school.

* The wishes of the parents.

* The wishes of the children if they are of sufficient age and intelligence.

* The employment schedule of each parent and what accommodations can be made.

If the parents would prefer joint physical custody the court will consider the following factors before awarding this type of custody:

* Both parents have agreed on joint physical custody.

* Both parents can and will perform their parenting responsibilities together and cooperate for the best interest of the children.

* If the parents live close enough to each other to be able to perform their parenting rights and responsibilities.

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Virginia Child Custody

Posted by admin on 27th April 2006

Virginia child custody laws are determined by what would be in the best interest of the children, as it is in many states throughout the United States. Understanding and deciding what is in the best interest of all children involved in child custody cases can be different in many ways and if the parents can not agree and set forth a parenting plan for joint custody of their children it is usually up to the court and judges to decide what is best for your children. This is a very heavy burden so many states have set up guidelines or factors for the court to consider when deciding on child custody.

In Virginia the court will consider the following:

* The age of the children in the child custody case.

* The physical and mental condition of the children and the consideration of the children’s changing developmental needs.

* The age of both parents.

* The physical and mental health of both parents.

* The relationship the children have with each parent.

* The ability of both parents to meet the emotional, intellectual and physical needs of their children.

* The needs of the children.

* The relationship the children have with their siblings, extended family members or others living in the home.

* The role that each parent has played in the rearing of the children and the role that will play in the future.

* If both parents will encourage and allow a continuing relationship with the other parent.

* The capability of each parent to cooperate and make important decisions regarding their children.

* The wishes of the children if the children are of sufficient age and if the court deems the children to be of reasonable intelligence.

* Domestic abuse.

* Any other information or factors that can aid in deciding which parent is better suited for custody of the their children with the children’s best interest in mind.
Joint custody is normally preferred if both parents can agree and are willing to work together to provide the best for their children. This may include divorce classes, mediators, or even parenting classes to aid the parents in learning to communicate well with one another for the best interest of their children. Joint custody can be very hard on some parents and these feelings must be worked through in order to maintain a loving and continued relationship for both parents and their children.

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