
Main Page
Site Index
Getting Pregnant
Pregnancy
Parenting
Journals
|
Child Custody Articles
Getting custody of a child can be a difficult process. Depending on your location, as well as your personal situation, you may have an uphill battle ahead of you. For example, many judges still believe that a child should be with his or her mother, even though there may even be guidelines in your state that indicate that it is preferable for parents to both have custody of a child. There may be things that your ex-spouse knows about you, such as mistakes that you may have made in the past, that you can be certain will be used against you during the process of trying to get child custody. Fortunately, there are some tips that you can follow to increase your changes of getting child custody.
The most important tip for getting child custody is to hire an attorney who is competent. You need to have an attorney that is trained in child custody law. beyond this, you want to find an attorney who has real-life experience arguing child custody cases, and who has a good feel for the lay of the land, at least in terms of child custody cases in your area. Having a reliable and competent attorney is probably one of the biggest factors in whether or not you will have any chance of getting child custody.
It is likely that your ex-spouse will also be hiring a competent attorney, however, so there are other tips that you should follow for getting child custody. You need to be able to make a case, for example, that the home that you can provide for your child or your children will be a better home than the one that your ex-spouse could provide. This means that factors ranging from your income level to the number of bedrooms in your home will very likely be factors in the whole process. Focus on your strengths in this regard. Make sure that your attorney is aware of your weaknesses, however, as you can be pretty certain that your ex-spouse’s attorney will be aware of them. You will also want to discuss your ex-spouse’s strengths with your attorney, so that your attorney can build a case that minimizes those in the eyes of the court.
Ultimately, the decision about child custody is up to the court. However, by following some of these tips, you may be able to increase the likelihood that you can convince the court to grant you child custody.
Posted in Child Custody |
The question of how to win child custody is a bit of a difficult one. There are many factors that will go into the custody decision, many of which are beyond your control. However, there are certain things that you can do to try to increase your chances of winning child custody.
The first thing you need to do to win child custody is to hire a competent attorney. You want to have an attorney who is trained in child custody law, who has real-life experience dealing with custody cases, and who has knowledge about child custody. More than almost any other factor, your attorney’s competence and knowledge will make or break your case for child custody.
Having a competent attorney, however, is only one component in how to win child custody. With the help of that attorney, you also need to be relatively familiar with the child custody laws in your state. You need to know what the guidelines for child custody are, and what factors, by law, will go into the judge’s decision on child custody. Knowing what the important factors are, whether they are income, housing or shelter, or any number of other factors will help you to shore up any areas that you might be weak in.
Ultimately, to win child custody, you are going to have to make the case that you can provide a better home for your child than your ex-spouse can. To do this, you are going to not only focus on your ex-spouse’s weaknesses; you are going to need to focus on your strengths. In addition, you need to identify your weaknesses and discuss them with your attorney, to see whether they will be relevant to your chances of winning child custody. Along these same lines, knowing your spouse’s strengths will also help you to let your attorney know how your ex-spouse will be trying to win child custody.
Ultimately, child custody is going to be up to the court. Your job, if you want to win child custody, is to make sure that you meet or exceed whatever guidelines exist in your state or locality in terms of what the court sees to be the “best interests” of the child or children.
Posted in Child Custody |
Getting an order for child support to be enforced is easier in some states and areas than it is in others. In some states, it may be as simple as contacting the Friend of the Court, who will do everything that needs to be done from there, up to and including garnishing the wages of the parent that owes child support. In other states, you will have to do a lot more of the leg work yourself, including filing a separate lawsuit to get the original child support order enforced.
Getting child support enforced can be more difficult if the parent that owes child support lives in another state. While some states do have an agency or an office that specifically works with the child support agencies in other states to resolve these kinds of cases, the fact of the matter is that not every state does so, and some states may not be very effective at doing it.
When child support back payments owed are more than a thousand dollars, the states are required by a federal statute to give this information to the credit reporting bureaus, and it will show up on a credit report.
There are also private agencies and private individuals that specialize in collecting child support. These agencies will often go about finding the parent that owes child support, figuring out where they work and live, and they will then work with the state child support agencies involved in order to get the child support payments going again, using whatever the process happens to be in that particular state.
There is a limit to the percentage, and sometimes the amount, of wages that can be garnished by the state in order to pay back child support. In some states, the attorney general may even have a proactive program by which those who owe back child support are automatically identified, and the state will then begin collecting child support. These sorts of programs are controversial, and have not been implemented in all of the states for that reason.
Posted in Child Custody |
How exactly the court will decide who gets custody of the child or the children in a divorce will depend on a great many factors. While these factors may vary from state to state, at least in terms of their specific definitions, for the most part it is the job of the court to insure that the best interests of the child are being looked after. It is on the basis of these best interests that the court will decide who it is that is going to get child custody.
To be sure, parents do have the option themselves to make a custody arrangement. If the parents are able to do this, they can often avoid an expensive and lengthy court process, sparing them and their child a lot of frustration. If, however, they cannot agree on custody between themselves, then the court will have to decide who gets child custody.
The judge in a court will decide who gets child custody, as noted above, on the basis of the “best interests” of the child. There are many factors that can go into the child’s best interests. The judge will look at things like the criminal record of the parents, how emotionally stable the parents are, the particular home environment with each of the parents, whether a parent has been abusive or presents a danger to the child, the emotional bonds of the child or the children with parents or other family members, and the attitudes that the parents have toward the child. In addition, the court may consider the child’s gender, age, and health. If the child is old enough to decide, the judge may consider the child’s opinion on who they wish to live with.
In many cases, a judge will give permanent legal custody to the parent that has been having physical custody of the child up to that point. This is especially true if the child seems to be doing well, as the court doesn’t want to disrupt the child’s life any more than is necessary.
Posted in Child Custody |
Child custody laws can be very confusing. Adding to the problem is the fact that child custody laws can vary quite a bit from one state to the next. Some states have relatively few child custody laws, whereas other states may have specific guidelines that courts have to follow in order to grant child custody. Ultimately, these factors can leave a parent’s head spinning with more questions that they have answers.
The easiest way to go about finding child custody laws in your state is to find a lawyer. An attorney who has been trained in, who has studied, and who has experience arguing child custody cases in your state is very often the best possible resource for finding child custody laws. If you are in the process of trying to win child custody, hiring the right child custody attorney is an important part of the process that you will need to follow. As a matter of fact, having the right attorney can often make the difference between winning your child custody case or losing it.
Having said that, there are other resources that you may be able to use to find child custody laws. The attorney general of your state may post child custody laws, or at least child custody guidelines, on their websites. You might also consider talking to your state senator or your state representative, who can often either find out the information for you or who can put you in touch with someone at the state who can answer some of your questions. Here again, though, specific applications of the child custody laws would really need to be discussed with an attorney.
If you have some legal background and are comfortable reading and interpreting legislation, the actual laws passed by the legislature in your state are often available on the Internet, or even at your local library. Having said that, most people will need to rely on another resource to help interpret the legal technical terminology.
Posted in Child Custody |
The good news for the man who is trying to get custody of his child is that most states now include as part of their child custody guidelines the idea that mothers and fathers should be given equal preference when it comes to getting custody of a child. In practice, however, it can often be more difficult for a man to get custody of his child than it can be for a woman.
The biggest factor that a man needs to consider when trying to get custody of his child is his choice of attorney. The lawyer that you hire for your child custody case will very often make the difference between whether you win your case or you lose it. You will want to choose an attorney that is not only experienced in and knowledgeable about child custody, you should probably try to find an attorney who has previously won a child custody case for a father. Having the right attorney can make or break your case.
You may have an uphill battle in getting custody of your child in another way. The fact of the matter is that, regardless of gender, the courts tend to prefer to award custody to the parent who has most recently had custody of the children. The idea here is that the court does not want to disrupt the child’s life any more than it has been. If a man has not physically had custody of his children, he will have a harder case to make to the court.
Finally, for a man to get custody of his child he has to be able to prove that he can provide a better home life for his child than the mother can. This means not only being able to point out the mother’s weaknesses, but being able to identify his own strengths and weaknesses. The right attorney will be able to use this information to help the man get custody of his child.
Posted in Child Custody |
When parents get a divorce, there is almost always some degree or another of dispute involved as it regards the custody of the children. In a divorce, each parent is often looking after their own interests just as much, if not more, than they are looking after the interests of their children. For this reason, when parents cannot work out a child custody arrangement between themselves, it is up to the court to resolve the child custody dispute.
How the court will resolve the child custody dispute depends on several things. Overall, the court is usually supposed to be guided by the idea that the child custody dispute should be resolved in the “best interests” of the child. As a part of this process, the court will probably consider a great many factors, such as the living conditions of each of the parents, their lifestyles, the emotional stability of the parents, the emotional bonds that have formed between the child and each of the parents, and other relationship-related issues. The court will also consider whether either of the parents will present a danger to the child. Certainly, if a parent has been convicted of child abuse or endangerment, it is not likely at all for that parent to be granted custody. In fact, many states have specific laws that prevent a parent who has been convicted of such a crime from being granted custody. If a child is old enough, the court may also consider the child’s wishes when considering a child custody dispute.
Often, a child custody dispute will be resolved based on much simpler factors. For example, it is often the case that, after hearing the arguments in the child custody dispute, that the court will award permanent custody to whichever parent has been in physical custody of the child up until the point of the child custody dispute. This tends to happen especially when the child is doing well, as the judge very often will wish to cause as little disruption to the child as is possible in the child custody dispute resolution process.
Posted in Child Custody |
The obligation to pay child support is, generally speaking, going to be affected by your work situation. If you get a sizeable pay raise, or if you change careers, your spouse may request that the court take another look at the amount of child support that you are required to pay. In the same respect, if you lose your job or if your pay is reduced, you can also argue that the court take another look at the amount of child support that you would owe. Even going on disability will affect the amount of child support that you will have to pay.
Having said that, being on disability does not eliminate, necessarily, your obligation to pay child support. However, your dependant children may very often be entitled to a benefit if you are on disability. When you apply for Social Security disability benefits, you should be sure to include information about your children, including their social security numbers and other relevant information. Once you are approved for disability and once your children’s’ disability benefits have been determined, you can then ask the court to redetermine your child support obligation. Depending on what your initial child support obligation was, and depending on the specific circumstances of your own unique situation, this could in theory make it so that you didn’t have to make child support payments any longer.
Being on disability does not reduce any back child support that you might owe. If you are in the process of applying for disability benefits, your child support obligation will not automatically stop. You should continue to make your child support payments through the entire process. If you owe child support and go on disability, you might wish to consult with an attorney as to the best way to proceed in terms of paying child support, and about how to get the court to do a redetermination of your child support obligation.
Posted in Child Custody |
Technically speaking, you don’t have to have a lawyer to do much of anything in a court. Having said that, the fact remains that you will very often have only a small chance of success at anything in court without having a lawyer. In the area of getting child custody, a lawyer is really among the very first things that you will need if you are going to have any success whatsoever with getting child custody.
You need a lawyer to get child custody, first, because a lawyer will have very specific training on the laws of your state that deal with child custody. In addition, a lawyer will be familiar with the guidelines that judges use, whether those guidelines are mandated by the state or whether they are just common practice, to determine who is going to get child custody. While it is important for you to have an understanding of the statues, regulations, and rules in your area that deal with child custody, a lawyer has had specific training in that area, and has likely had experience using those statutes, regulations and rules to help his client to get child custody.
When choosing a lawyer to help you get child custody, you should make certain that the lawyer has, indeed, had recent real-world experience arguing child custody cases. The lawyer will need to know what the challenges are that you are going to face in making your case for child custody to the court, and having been in court arguing a child custody case previously will give your lawyer an advantage. You will often need every advantage that you can get in order to get child custody.
To help you to get child custody, you will need to make sure your lawyer has all of the information. You will need to disclose any weaknesses in your argument for child custody. Keep in mind here that your lawyer is bound by law not to reveal anything you might tell your lawyer in confidence. There is a good chance that your ex-spouse will try to use anything that they can against you in court, and your attorney should know what those things are ahead of time so as to be prepared when it does happen.
Posted in Child Custody |
The formula that a court will use to determine the amount of child support that you have to pay will depend on a variety of factors. One of these factors is, generally speaking, which parent has custody of the child. Typically, the non-custodial parent is the one that will be paying child support to the custodial parent. However, in the case of joint custody, the situation is not quite so cut and dried.
Joint custody can mean different things in different states, and in different cases. For example, in some states a child that is in joint custody may spend as little as a third of his or her time with one parent, and the rest with the other parent. In other states, this is generally supposed to be much closer to half of the time for each. Often, child support payments are based, at least in part, by the exact distribution of time that the child spends with each parent. For example, if a child spends 40% of his time with his mother and 60% of his time with his father, it is possible that the mother would actually have to pay a certain amount of child support. This makes up for the disparity between the actual 40% time factor and the 50% of the financial responsibility that the parent shares for the child.
Having said all of that, again, there are other factors that go into figuring out whether you will have to pay child support. The child support guidelines in most states indicate that the court is to look at the actual income of the parents as a factor into determining what exactly that parent should be paying for child support, even if they have joint custody. In addition, there are specific guidelines about which parent is able to claim the child or children as dependants, based in part on factors like custody and the amount of child support that each parent is paying.
An attorney who has experience in child support and custody cases may be able to provide you with information that is more specific to your state or to your situation.
Posted in Child Custody |
|
Articles Main Page
Categories Baby and Toddler
Breastfeeding
Health and Well-Being
House and Home
Parenting
Pregnancy
Relationships
School Issues
Trying to Get Pregnant
|