Archive for the ‘Child Custody’ Category
Tuesday, May 22nd, 2012
Whenever the court makes a decision in a child custody case—or any case involving children—they act in the best interests of the child. Not all sides will agree with the decision, but whenever you approach such a case, remember that the court thinks in this way. This may help you strategize in building your case, although assistance from an attorney is key in presenting your argument. It is also important to remember to avoid the mudslinging that is unfortunately common in divorce cases, unless, of course, it is necessary to prevent an ill-suited parent from obtaining custody.
Many fathers have long proven that they are capable, loving parents with their children’s best interests at heart. But a lot of dads worry that the judge won’t care about their fatherly efforts when deciding the winner of a custody battle. Some worry that the belief that children need their mother more than they need their father, or that mothers bond more with the child, will haunt them in their case. Unfortunately, this may hold true for some dads, although most are given visitation rights that allow them to see the child on weekends, a day during the week, and on holidays or during summer vacation.
But today more judges are favoring joint custody agreements as long as both parents are considered fit and capable of providing for the child. More see the benefit to having both parents in the child’s life, allowing dads to spend more time with their children aside from the weekends and holidays they were often granted in the past. This may also be a good way to avoid the child support argument, as long as both parents are equally capable of providing and spend an equal amount of time with the child.
If one parent is unfit, whether the mother or the father, the other side must present evidence like police records, hospital records, etc. demonstrating as much. Witness testimony may be presented in some cases. If such a case exists in which the mother is deemed unfit, the father will likely be granted sole custody as long as the evidence is legitimate and fair.
Friday, April 20th, 2012
Most associate divorce with animosity and fighting between the spouses. For couples without children, once the divorce process is over they often never have to worry about seeing the other or dealing with the other again unless they’re met with an awkward social encounter if they run into them in public. But for couples with children, divorce doesn’t end when the final agreement is reached. They must continue to see each other and talk with each other as they raise their children. While there may still be some degree of animosity present, it is often beneficial to all parties, especially the children, if they make an effort to get along.
This often starts with coming up with a physical custody plan that allows both parties to see their children an equal and fair amount of time. The first step in this process is usually determining the schedule of both parents. If one parent works long hours all day, it is often beneficial to all parties if the other parent is the custodial parent during the week with the non-custodial parent getting children on weekends. Sharing holidays is usually the best way to fairly divide these days, and alternating each year helps as well.
But if both parents work reasonable hours during the week and generally have their weekends free, an equal split might be beneficial and fair. Of course, involve the children in such a decision. Moving back and forth between two homes every two weeks or every month may be hectic and an unwelcomed change and shock, especially right after the divorce. If the children agree to such a plan, respect their decision to end it if it becomes too hectic down the road. They may welcome the idea of spending equal amounts of time with both parents, and moving back and forth between two homes for weeks at a time, but the reality of that may become difficult as they make friends and get older.
In the end, your decision as to a physical custody plan should be sought in the best interests of the children. The court acts in such a manner, and so should you as parents.
Thursday, December 22nd, 2011
Firstly, there are plenty of men who have custody of their children. But many view the laws as biased against fathers and leaning more towards mothers. Many believe that unless the mother is unfit and has some legal problems or other issues, she is almost guaranteed to prevail in a family law case. Traditionally, women have been allowed to take the kids following a divorce and many still see it that way.If you’re going through a divorce, make sure you hire a lawyer to represent you in the matter. Otherwise, you may not be fully aware of the rights you have in the case, and you may come up with the short end of the stick, so to speak.
Many still see women as playing a larger role in raising the children as compared to the child’s father, which some explain as a reason that mothers prevail in these cases. Courts often consider the emotional attachment of the child to each parent when determining which parent should be the custodial parent, and which the non-custodial parent. Some believe that with many seeing the mother as having a stronger bond with the child, many courts end up granting women custody of the child instead of men. It isn’t that the laws specifically grant mothers more rights than fathers, but that many courts will grant more time with the children to the mother than the father.
As far as paying child support each month, the court will order it paid so the child has all that he or she needs and is well-cared for. The amount paid will be based on the income of both parents, earning capacity, and other factors. In cases in which the ex-spouses share custody equally and earn roughly the same in salary, nobody may be responsible for paying child support. Make sure you remember that each case is different, and to speak with an attorney regarding the specifics of your case to get a better idea of what you might expect in court.
This isn’t to say that fathers are never the custodial parent. Many fathers take care of the children for a greater period of time than the child’s mother. Speak with your attorney and inquire about your chances in court. If you’re a good father with no legal troubles who earns enough to take care of the child, you should legally have as much a chance at prevailing in these family law battles as the mother.
Thursday, September 22nd, 2011
In the face of the current change from the family courts leaning mostly towards mothers in assessing child custody or support in a divorce, a large amount of fathers nevertheless still think their parental rights are put into a subordinate position. A lot of men neglect to recognize they are allowed the equivalent expectations, except not having a court order to safeguard their interests, they have no official or authorized documentation to apply their rights after a divorce is finalized.
Diefer law helps to protect the rights of Father’s in cities throughout the Southern California. For anyone enlisted in the armed forces stationed overseas and having family problems here in California, we are ready to aggressively represent you on your behalf.
Flexible fathers involved in a divorce typically conform to settlement terms that can concede their parental rights relating to custody, visitation and monetary assistance of their child and further issues because circumstances vary greatly following a divorce. With many years in various family law cases, our legal office can help fathers in laying the foundation for thorough and official rights, which aid in using them to:
· Acquire child custody resulting from substantial changes in a parent’s life
· Put a stop to potential relocations from interfering your visitation privileges
· Contest assertions of missing child support payments
· Stay away from prospective reimbursement of any state assist gathered by the child’s mother
· Maintain the entitlement to inquire about divorce decree modifications
With no need for confirmation of your fathers’ rights supported by a expert divorce settlement, challenges afterward may cause possible loss of a certified license or identifying document that limits your means to take a trip.
Father’s Rights and Paternity
Although matters of parenthood sometimes surface when children are still young, issues can change. A plainly recognized fatherhood can assist single biological father get around losing their parental rights as your circumstances changes or your child’s. From addressing assertions of abandonment to demonstrating thorough child financial support, we can help defend your happiness along with your child’s future.
Contact us for a consultation to go over your needs with an experienced family law lawyer dedicated to assisting you and your loved ones.
Monday, July 25th, 2011
Parents have a right to see their child and spend time with him or her, but matters may be more complicated if the parents of a child are unmarried. In a lot of cases, unmarried parents will try to ‘make it work’ so to speak, with some even moving in together. If the parents decide not to pursue a relationship, they may agree to share custody or give the non-custodial parent visitation rights. However, even with these verbal agreements in place, it is often very helpful to speak with an attorney to obtain a court order that dictates the terms of the child custody agreement. One small fight between parents may blow up to the extent that the non-custodial parent’s ability to see his or her child is put in jeopardy.
If you’re a father, know that you are not given automatically the right to see the child in California. Even if you have worked out an arrangement with the mother of the child where you will see the child on weekends or holiday, or if you’re living with the mother and the child, it is often in your best interest to obtain a formal custody agreement so that your rights are protected down the road. Things may seem peachy now, but they can turn in an instant. Make sure you’re protected in such a case.
You hear a lot about ‘deadbeat dads’ who may fall behind on child support for whatever reason, but you don’t hear a lot about fathers fighting for custody or visitation rights in a system that may not seem fair to them. There are plenty of cases of mothers who do not want anything to do with a child’s father who will deny him the right to see the child just to get him out of her life. The good news is that fathers may fight for their custody rights, but must obtain a court order to ensure that their right to see their child is protected. Whenever there is an issue of custody—whether looking to obtain custody or visitation, or when the custodial parent has violated the order—it is a good idea to speak with an attorney.
When the court determines the custody of a child whose parents are not married, it may be difficult for a father to win custody over the mother unless she is deemed an unfit one. However, fighting for visitation rights is often well worth it.
Monday, July 18th, 2011
Even if an unmarried father has paternity established and is listed on the child’s birth certificate, it doesn’t mean he has any custody rights. When seeking custody, you have to demonstrate that you’re committed to having a relationship with your child. You need to be involved and participate in raising the child.
A crucial element in these disputes is who is primarily taking care of the child now. The courts don’t rush into making drastic changes to the child’s lifestyle. However, you may win custody or at a minimum joint custody of your child if it’s in the best interests of the child.
Some Tips to Winning Child Custody
1. If a custody dispute arises, you should get it resolved through the legal process in a courtroom to get a custody order. A custody order is a legally binding custody agreement. If one of the parents violates the terms of the order by denying visitation, not bringing the children back that parent can be held in contempt of court; fined and punished. The first steps to getting a custody order is to arrange a court date so you may get everything finalized.
2. Try to come to an agreement. The preferred method is to have an agreement . If parents can agree on a visitation and custody schedule, the courtroom will simply accept it into a court order . If the opposing parent will not agree, you should go to the courtroom that you made an effort. You may want to hire a child custody lawyer to help you work on your case. The reason being is if you have a good presentation you will more likely to influence the judge and get your agreement accepted.
It does not matter if you are a non-custodial parent attempting to get consistent and uninterrupted visitation to your kid, or a custodial parent who wants information concerning your obligation to offer access to a non-custodial parent in California, contact Riverside child custody lawyer at Diefer Law, a law firm specializing in family law.