My ex and I have been divorced for 2 years and my 5-year old daughter lives with me. We have joint custody, but I am the primary caregiver and decision maker. I want to move a few states away to be near my serious boyfriend (he is in the military). The problem is, my ex refuses to let me move with our daughter and will not compromise on visitation arrangements (he currently gets her every other weekend).

Has anyone had a similar situation? If I have to go to court, what are the chances that the judge will allow me to move with my daughter?
Just to clarify…I have offered to compromise on any visitation arrangement that he would agree to, but he refuses to try anything. I would even pay for her to fly home once a month…I don’t think that is selfish.

Dad doesn’t have to compromise. He has every right to say NO. You can go to court and ask for approval to move your child out of state. You will have to convince a judge that it’s in your CHILD’s best interest to move and that it’s a significant enough reason to override Dad’s wishes.  In matters like this the court’s over riding concern is “What is in the child’s best interest?”

When a divorce or dissolution of marriage is brought before the family court, child visitation is considered at the same time and according to similar factors as child custody. The term stands for the time in which the non-custodial parent is allowed to meet or visit with his/her child. However, under certain circumstances a parent can be denied child visitation or child custody in the case of sole physical custody. Child visitation is often associated with the term “parenting plan,” which typically outlines the type of legal custody and physical custody of each parent and can also define when the child is to visit or be with the non-custodial parent. Parents can reach such an agreement on their own, this is the best case, or the court can decide on this matter, which is often the worst case scenario.

Typically, the best situation for a child in a divorce, child custody, and child visitation matter is when both parents manage to solve their personal differences to reach an agreement or parenting plan or child visitation schedule out of court. In this case, any agreements reached between both parents can become the parenting plan. When a parenting plan is created and child visitation and child custody issues are resolved, it may not require anymore matters to be brought to the court even if the child is very young. A decade ago, the family courts would often give infant visitation guidelines preventing the non-custodial parent from spending a lot of time with his/her child. Such provisions are not valid anymore, but rather frequent and continuous contact with both parents is encouraged. Off court agreements does not necessarily need to be translated in a written contract and signed by both parents. However, parents may be well advised to have a written and signed parenting plan for future reference in case a child custody or child visitation dispute arises. It can also be used as a stipulation between both parties and then issued as a court order for future enforcement purposes.

Now, what if the parents are not able to reach an agreement on child visitation or child custody? Both parents will often be required to participate in a mediation process before having a court hearing or before a judge hears the case. Typically, the two parents will be assisted to work out a parenting plan by a third-party or mediator, who can be an experienced attorney or social worker. Many child visitation and child custody issues find a happy ending through mediation sessions resulting in a parenting plan agreement, which can then be presented as a stipulation ad then as a court order.

Generally, the worst case is when mediation fails. In this situation, the next step is typically for a court hearing in order to solve the issues. Judges nowadays often require custody evaluations of the family by experts in the field of child psychiatry, psychology or mental health. Licensed social workers can also be called to present evidence for consideration by the court. Once all pieces of evidence have been presented, the court will typically make its decision. This is the worst case child custody and child visitation dispute method because it can be very complex, expensive, and long-draw out. In some highly contested child custody and child visitation cases, child custody and child visitation disputes will eventually result in denying child custody and child visitation rights to one of the parent.

© 2007 Child Custody Coach

Child Custody Coach supplies information, online materials, and coaching services to parents in the field of child custody, namely, divorce, child custody and visitation, child custody evaluations, 730 evaluations, parenting, and all issues related to child custody and divorce. “How to Win Child Custody – Proven Strategies that can Win You Custody and Save You Thousands in Attorney Cost!” is a unique child custody strategy guide written by The Custody Coach and made available by Child Custody Coach in an easy to read, understand, and apply E-Book format. Custody Match is an online consumer and family law attorney matching service to help you in your search for the right attorney for your divorce or child custody case. Custody Match can help you find the right family law attorney, divorce lawyer, or child custody attorney in your area.

Steven Carlson
http://www.articlesbase.com/divorce-articles/child-custody-and-child-visitation-disputes-the-best-and-worst-case-95819.html

Family law matters can be stressful for all parties involved. Most family law matters are resolved through negotiation, so it is important that you are aware of your legal rights. This is where a family lawyer can help. A lawyer can assist you obtain the best outcome and prevent potentially ongoing and costly legal complications.

What is a property settlement?

This is the division of all “property” between married or de facto couples who seek divorce or separation. “Property” is quite widely interpreted in the family law system and includes pretty much everything that is capable of being owned. This can include land, houses, businesses including partnerships, motor vehicles, bank accounts, shares, household goods and furniture, tools of trade or other equipment, trusts and superannuation. The property settlement includes all property belonging to you and your partner, regardless of whose name the property is in.

Even if these items were owned by one of you prior to the start of the relationship, or they were left in a will to one of you, they may still form part of the “pool of assets”. Any debts also need to be calculated and taken into account in a property settlement.

Why do we need a lawyer when we have already agreed upon what property we will each receive?

Relying on an informal property settlement is quite risky as it may lead to you getting caught up in further property disputes down the track. For instance, there is a possibility you’re your partner will change his or her mind or even conceal something which should rightfully be in the agreement. Speak to us at LAC about formalising your agreement, so that you don’t get a nasty shock down the track.

Can’t we just skip the visit to the lawyer and go straight to court?

The courts can often assist with more complex disputes, such as how to equitably divide a monetary “gift” which was given to your partner by his or her parents.

However, going to court is not always the most pleasant way to reach a settlement. It may not guarantee the result you want and it can be costly both financially and emotionally. It is often simpler and cheaper to use your lawyer to help you reach an agreement with your partner outside of court, and go to court only as a last resort. By consulting a lawyer, you and your partner have the option of exchanging offers of settlement and conducting negotiations at any time.

Do we have to split everything equally?

All is fair in love and war, which doesn’t mean there will always be a 50:50 division of the property. The proportions will vary according to your personal circumstances.

A lawyer will assist you reach a property settlement by advising you and your partner’s legal entitlements over your joint pool of assets.

Firstly, a lawyer will advise you on the nature and amount of contributions made by you and your partner. These can be financial contributions such as wages, or non-financial contributions such as undertaking parental responsibilities.

Secondly, a lawyer will assist you determine the future needs of you and your partner. Factors taken into consideration include the duration of the relationship, the age and health of the parties, educational qualifications relevant to future work prospects and the need to care for any dependent children.

Once the analysis is completed, a lawyer may then assess any gaps in the information and conduct further investigation if necessary.

I think my partner is hiding assets, how can I investigate?

Relationships can bring out the best in people, but occasionally they can also bring out the worst. Asset hiding is quite common in the course of property settlements, especially when one partner adamantly believes that he or she has rightfully earned and thus owns a particular property interest.

If you suspect that your partner has assets, but you don’t have any details of them, a lawyer can also put sufficient pressure on your partner to meet his or her “full and frank disclosure” obligations, and will advise whether it will be necessary to resort to bringing an application before a court requesting a subpoena, which is a court order demanding production of documents or witness from a third party source. Speak to us at LAC lawyers to determine the most appropriate way of gaining access to your partner’s financial details.

Are we negotiating an emotional settlement or a property settlement?

In order to negotiate the most effective property settlement, lawyers must distance from the emotional issues that arise in family law disputes. However, a good family lawyer will listen empathetically to all your concerns and give objective advice as to your entitlements and legal obligations up until you reach your desired property settlement. At LAC lawyers, we can thoroughly assess your concerns and tailor your settlement negotiations according to your individual circumstances.

Frank Egan – LAC Lawyers
http://www.articlesbase.com/law-articles/the-role-of-the-family-lawyer-putting-the-proper-back-into-property-settlements-113808.html

With the divorce rate at an all time high, it is important to have a full understanding of divorce laws. Nearly 50% of all marriages will end in a divorce. Therefore, it is vital that you know the ins and outs of the laws. Divorce laws do vary from state to state so it is important that you check with the laws for your particular state. However, there are some general laws that apply across the board.

If you are looking for an alternative to the more traditional litigation, divorce mediation might be an option. A mediator’s main priority is to try and help the two parties come to a mutual agreement. The neutral third party is there to ensure that both parties are getting a fair deal. A mediator can work with the spouses to work through problems such as child support, custody, visitation, property division, alimony and much more.

Another alternative to the more traditional litigation is collaborative law. For those divorcing couples who wish to avoid litigation but require strong legal representation, they should consider collaborative law. Collaborative law gives you the ability to retain a team of divorce professionals.

Some people believe that one party will receive a majority of the property division. However, it is more likely that the marital assets will be divided fairly evenly for both parties. Therefore, it is vital that both parties create some clear priorities and decide what is really important to them.

Health insurance and taxation are two other important issues when considering a divorce. If your insurance coverage is through your soon to be ex-spouses employer, then it will be important that you continue to have coverage for yourself and any children involved. This can all be worked out through legal litigation. With regards to taxes it is important to determine what dependency exemptions both parties are eligible for.

There are a variety of divorce laws that are set in place for divorcing couples. Divorce is not an easy situation for anyone. However, by knowing and understanding the divorce laws in your particular state, you can ease some of the headache associated with divorce.

Gabriel Adams
http://www.articlesbase.com/law-articles/what-you-should-know-about-divorce-law-118554.html