The Attorney Connection Blog

How do I Serve the Other Party in a Family Law Case?

noreply@blogger.com (THE ATTORNEY CONNECTION) — Wed, 21 Dec 2011 18:35:00 +0000

You have several possible ways you can have the other party(s) served in a family law case. However, it can depend upon the jurisdiction as to whether certain methods of service are allowed. For instance, some types of cases (usually an initial filing that starts a case for the first time), personal service of the other party (or their attorney if they have one) is requires. Below are some of the options for service of process in a child custody, child visitation, child support or other family law case.

· Option #1: Have the court clerk arrange for service: Some courts (not all!) will arrange to have the documents served for you. Just ask the clerk if they do that. They will charge a service fee. It is highly recommended that you have them do it if they provide that service!

· Option #2: By the Sheriff: Contact the County Sheriff in the county where the other party needs to be served (i.e. where they live or work) and let them know that you need to have legal documents served on a party. Take or send your family law legal documents to the local Sheriff’s office. They will charge a small fee for serving the documents for you. Ask them if they can file the proof of service with the court for you.

· Option #3: By a professional legal process server: Look in the local yellow pages or on the Internet under “Legal Process Server” or “Process Servers” in your area. They will charge a small fee. Ask them if they can file the proof of service with the court for you.

· Option #4: Certified Mail. Send one copy to the other party(s) to the action (or the other party’s attorney if they have one) via certified mail, return receipt requested.

What is Mediation?

noreply@blogger.com (THE ATTORNEY CONNECTION) — Tue, 13 Dec 2011 00:08:00 +0000

Mediation is a process (mandatory in some jurisdictions) that provides parents an opportunity to discuss and resolve issues relating to the best interest of their children. It is generally a confidential process conducted by trained Court Mediators who assist the parents by facilitating cooperative communication focusing on the best interest of their children and a mutually agreeable resolution. Child Custody Mediation may be available to you to work out your disagreements regarding child custody and/or visitation. In many jurisdictions, the family courts will provide child custody mediation through some type of family court services department or conciliation court. Depending on the jurisdiction, the services may be free or charge a fee.

In a child custody mediation setting, a trained neutral person called a "mediator" will typically facilitate the communication between the parties with the intent of helping the parties successfully discuss and work out their child custody and visitation disagreements.

Many states require parents to attend mediation as a first attempt to work out their disagreements regarding child custody and/or visitation before the family court will issue orders in a litigated hearing. If the mediation is not successful in resolving the issues, the matter will go before a judge or hearing officer who will make the final decision regarding child custody, visitation or support.

noreply@blogger.com (THE ATTORNEY CONNECTION) — Mon, 12 Dec 2011 23:58:00 +0000

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noreply@blogger.com (THE ATTORNEY CONNECTION) — Fri, 02 Dec 2011 16:11:00 +0000

Affordable California Child Custody, Child Support & Visitation Help

noreply@blogger.com (THE ATTORNEY CONNECTION) — Mon, 17 Oct 2011 22:33:00 +0000

The cost of family law legal help in California can be very expensive. Due to the high cost of living, child custody and support legal services are often too much for many people. However, when it comes to child custody, visitation and child support issues, parents need to take action.

Whether it's a case of father's rights, wherein the father needs to establish or enforce child visitation, or a mother who needs to modify child support, affordable legal help is now more available than ever before. However, in selecting legal help, parents should make sure that the services they retain are owned and operated by licensed attorneys. That is the best way to ensure that you get quality California legal help, and avoid being scammed by companies that claim to provide legal help without attorneys fees, etc.

You shouldn't trust the most important part of your life, your children, to anyone who doesn't have the legal education, experience and required law license, to know the ins and outs of the legal system and what would be best for your situation.

CLICK HERE for Child Custody, Visitation and Child Support Help.

Child Support Enforcement

noreply@blogger.com (THE ATTORNEY CONNECTION) — Thu, 23 Sep 2010 20:52:00 +0000

When it comes to child support enforcement, many parents don't know where to turn. All states have child support services that may assist with collecting back child support. However, this bureaucratic process can often take several months or years, and often with no success.

Another option available to the custodial parent who receives child support is to go through the courts. Rather than waiting for the child support agency to take action, a parent can be proactive by petitioning the court to enforce the order and hold the obligor parent (the one who has been ordered to pay child support) in contempt for violation of the child support order. This process is generally much faster and more effective.

Often, the parent who is not receiving the child support may be having financial difficulties limiting his or her ability to get legal help from an attorney, which can cost thousands of dollars. Fortunately, there are alternatives. One can do-it-yourself, however this may be difficult for many.

Another affordable alternative is to use a legal document preparation company. Fair warning: only use a company that is owned and operated by attorneys. If the company is not owned and operated by attorneys, they may be committing the unauthorized practice of law. In addition, you will not be getting the quality of service for which you think you are paying for your child support help.

I Don't Get to See My Child, What Do I Do?

noreply@blogger.com (THE ATTORNEY CONNECTION) — Fri, 28 May 2010 16:28:00 +0000

The most common child custody question we get asked at The Attorney Connection's Child Custody Center is "What do I do?" All too often, it is in the context of a parent (usually fathers), who tell us how the other parent is unreasonable and is not letting him/her see their child for no reason at all. Unfortunately, they let this situation go on for way too long.

What to do? Take action. It's a lot simpler than most people think. If you don't have a child custody order in place, you need to petition the court to get one established. What a court order does is protect your parental rights and giving you recourse if the other parent does not comply. If you have an existing child custody and visitation order or parenting plan in place, you probably need to file a Motion for Contempt/Petition to Enforce, or similar motion depending on the jurisdiction. Bottom line, nothing will change with your child custody situation unless you takes steps to initiate change.

To hire a typical law firm to help you with this generally costs thousands of dollars. The Attorney Connection provides you with the professional legal help you need for a low flat fee and saves you thousands! CLICK HERE to find out more about getting help with your child custody and/or support case.

How Do International Custody Cases Get Decided?

noreply@blogger.com (THE ATTORNEY CONNECTION) — Tue, 06 Apr 2010 18:40:00 +0000

The Hague Convention, to which the United States is a signatory, was adopted to address the problem of child abduction by family members, which not infrequently occurs in connection with transnational custody disputes. The Convention's purpose is to protect children internationally from the harmful effects of their wrongful removal or retention and to establish procedures to ensure their prompt return to the State of their habitual residence .

In the United States, a person invokes the protections of the Convention by
filing a petition in state or federal court under ICARA. 42 U.S.C. § 11603(a), (b)
(2006). The court then "shall decide the case in accordance with the Convention." Id. § 11603(d). The petitioner bears the burden of proving "that the child has been wrongfully removed or retained within the meaning of the Convention." Id. § 11603(e)(1)(A).

The Convention empowers courts in the United States to determine only rights under the Convention and not the merits of any underlying child custody claims. The U.S. district court is to ascertain only whether the removal or retention of a child was "wrongful" under the law of the child's "habitual residence," and if so, to order the return of the child to the place of . . . "habitual residence" for the court there to decide the merits of the custody dispute. CLICK HERE for Child Custody and Support Help.

When Does California Have Jurisdiction to Modify a Child Custody Order?

noreply@blogger.com (THE ATTORNEY CONNECTION) — Wed, 27 Jan 2010 23:46:00 +0000

If a California court is called on to modify a custody determination made by a court of another state, it generally cannot modify the other state's custody determination unless the facts warrant temporary emergency Fam C §3424. Generally, the state that made the initial custody determination will have exclusive, continuing jurisdiction. Fam C §§3422-3423; Marriage of Paillier (2006) 144 CA4th 461, 469, 50 CR3d 459. The criteria for initial custody jurisdiction under the UCCJEA are set forth in Fam C §3421(a)-(b). jurisdiction.

However, a California court may modify an initial or subsequent order of another court if: (1) the California court has jurisdiction to make an initial custody determination under Fam C §3421(a)(1) or (a)(2); and (2) either of the following conditions is met:

· The court of the other state determines that it no longer has exclusive, continuing jurisdiction under Fam C §3422 or that a California court would be a more convenient forum under Fam C §3427; or

· A California court or a court of the other state determines that the child, the child's parents, and any person acting a parent do not presently reside in the other state. (Fam C §3423):

“The court that first enters a custody decree on a matter gains exclusive jurisdiction, but that jurisdiction continues only until all parties and the children that were the subject of the decree have left the state. “ Novatny v. Novatny, (Ind. Ct. App. 2007) (citing In re Custody of A.N.W., 798 N.E.2d 556, 561 (Ind. Ct. App. 2003) , trans. denied.)

CLICK HERE to find out more.

Who Gets Custody When Child is born out of wedlock.

noreply@blogger.com (THE ATTORNEY CONNECTION) — Tue, 01 Dec 2009 04:12:00 +0000

The father of a child born out of wedlock has the same parental preference rights to custody as he would had he and the mother been married, provided the father has diligently and timely pursued his claim. The key is that the father must proactively pursue the parental rights to which he is entitled. Generally, the mother will take custody of the child immediately following birth, and the child may live with the mother for an extended period of time while the father will have to pursue legal action to assert his parental rights. At least one court has held that in the ensuing custody proceeding, the standard to be applied requires the father to prove that a change of custody will materially promote the child's best interests. As always, the ultimate question is "what is in the best interest of the child?" The resolution could be primary custody to the father or split custody if that is what is best for the child. Find out more about Child Custody Modification.

Legal Tips for Child Custody Modification

noreply@blogger.com (THE ATTORNEY CONNECTION) — Tue, 27 Oct 2009 00:04:00 +0000

Generally, a party seeking child custody modification must first file a motion to modify in the original case. The modification documents should specify why a change in circumstances exists and what changes are sought. Some states also require a supporting affidavit or declaration. This affidavit should include the specific facts supporting the parties' allegation in the petition of how the child is being harmed in the present environment. The documents should also state how the child would benefit from the requested change.

If possible, a party seeking a child custody modification should also submit supporting affidavits from medical personnel, teachers, neighbors and any others who have witnessed events demonstrating the undesirability of the current custody arrangement. If the basis for the change in custody is child neglect, affidavits of social workers, neighbors, babysitters, or school personnel with personal knowledge of the neglect should be included. Likewise, if the basis is some type of abuse, an affidavit of a physician, nurse or other medical personnel describing the injuries and the type of treatment given should be included. CLICK HERE to Find Out More.

5 Key Tips When You Go To Court

noreply@blogger.com (THE ATTORNEY CONNECTION) — Sat, 19 Sep 2009 18:34:00 +0000

Believe it or not, most non-lawyers do not know how to properly present and conduct themselves in court. Below are 5 key points to follow when going to court. Although they may seem like common sense, most people do not follow some or any of these crucial tips. And remember, if you are going to court to fight for the custody of your child, or to increase your visitation, (modify parenting time) or lower or increase child support, every little thing can add up to make a big difference.

Follow these courtroom tips:

Arrive in court early- First impression is so important. If you show up to court late, and the judge has already called your case, what do you think the judge will think? The judge is likely to think that you don't care enough about your case to show up to court on time and that you don't have respect for the court's time. What a bad first impression. Avoid this mistake and show up to court early.
Dress professionally- You don't need to wear a suit (although you can), but dress professionally. Again, first impression with the judge is vital.
Be prepared- Bring all of the documents and evidence that you may need to court. And have it well organized so that you are shuffling through papers during court to find something that the judge may deem relevant. Also, bring 2 copies of everything to court- one for the judge and one for the other party.
Be polite and professional- Just as you don't want to be interrupted when you are talking, show everyone else the same courtesy. NEVER interrupt the judge when he/she is talking. Remember, the court is going to do what is in the best interests of the child. You want the court to know that you are worthy of the responsibilities you are requesting. And always address the court when you speak, and refer to the judge as "Your Honor."
If the Judge asks you a question, answer the question- This tip sounds obvious, doesn't it? Amazingly enough, when asked a question, people often give long, drawn out answers, yet never answer the questions asked. As I always advise clients, "If the judge asks you what time it is, don't tell him how to build a clock."

Follow these tips and you will be giving yourself a better chance of the judge granting your request. And always remember that the focus of any child custody hearing is what's in the best interests of the children. CLICK HERE for professional legal help from Child Custody experts.

Claiming Child on Taxes

noreply@blogger.com (THE ATTORNEY CONNECTION) — Mon, 31 Aug 2009 22:11:00 +0000

Can you claim a child if you agree with your ex-spouse to claim him 1/2 the year and he claims him the other 1/2 of the year?
The child dependency exemption cannot be split. Typically, the custodial parent is treated as the parent who provided more than 50% of the child's support. This parent is usually allowed to claim the exemption for the child if the other exemption tests are met. However, the noncustodial parent may be treated as the parent who provided more than half of the child's support if certain conditions are met. There are circumstances where a court may allow the deduction to be taken by each parent on alternating years.

Can a court order determine who takes a child for a deduction? Does the court order supersede the IRS requirements?
Federal law determines who may claim a dependency exemption. A determination by a state court judge is still subject to the IRS requirements regarding deducting a child for income tax purposes.

Choices for granting custody and visitation rights

noreply@blogger.com (THE ATTORNEY CONNECTION) — Fri, 31 Jul 2009 00:13:00 +0000

While the laws vary from state to state, the principles of child custody and visitation cases are very similar throught the United States. The court may give custody to one or both parents, or, in some cases, to another adult based on the best interests of the child. Considerations include the child's health, safety and welfare, as well as any history of abuse by one parent. For custody to be given to someone other than a parent, however, the court would have to believe that giving custody to either parent would be detrimental or harmful to the child. Again, the judge will focus on what is in the best interests of the child.

There is common terminology used in most states (i.e. Texas uses different terms such as conservatorship):

Joint legal custody. Here, parents share the right and responsibility to make important decisions about their children's health, education and welfare. Such decisions might include, where the children will attend school, what type of school they should attend or whether they should get braces on their teeth.

Sole legal custody. Here, only one parent has the right to make decisions related to the health, education and welfare of the children.

Joint physical custody. Here, the children spend time living with each parent on a regular basis. However, this does not necessarily mean that the children must spend equal amounts of time with each parent, just consistent and frequent time with each parent.

Sole physical custody. The child lives with one parent and the other parent has visitation. Keep in mind that for the non-custodial parent, it is best to have a set and definite visitation order set by the court so as to avoid problems of when visitation will be allowed.

Try to keep in mind that the actual time spent with your children is probably more important than the legal terminology used to describe the arrangement. Also, the specifics of such custody orders can can affect child support as well.

How do I enforce a custody order?

Law enforcement may help you enforce a custody or visitation order, if necessary. You will need a certified copy of the order. The person violating the order could possibly, upon you petitioning the court, be found in contempt of court. If the other parent won't obey the order and these suggestions don't work, you may want to consult an attorney or attorney service.

It is important, too, to remember that your custody plan can be changed if it doesn't work. If your circumstances change, you can return to court and request a change in the parenting plan even if a child custody order has already been established. The key to remember is that the order will not change on its own. If you wish for or need a change in the custody and/or visitation order, you must petition the court to request modification of the order.

The Child Support Mess

noreply@blogger.com (THE ATTORNEY CONNECTION) — Mon, 20 Jul 2009 18:45:00 +0000

For those of you who have had to deal with child support legal issues in the past, you are painfully aware of what a disorganized, and seemingly criminal racket the system is. If you have dealt with child support issues in multiple states, you are probably pulling your hair out just seeing the words "child support."

Believe it or not, the child support agencies throughout the United States are designed to work in cooperation with one another when it comes to managing child support. Obviously, it would not be right if a parent could avoid child support by moving out of state. However, the cooperation among the states when it comes to child support payments is nothing short of of organized (or often disorganized) chaos.

Common scenario: two or more states trying to collect the same child support (i.e. your original court order was out of California, and the paying party moves to Florida. Then the custodial parent moves to Texas). Often, the paying parent satisfies the child support payment, yet one of the states still shows arrears owed. Next thing you know, getting that straightened out with the child support agencies makes banging your head against a wall appear productive.

However, a parent can do something about it. As opposed to most parents who just complain about it for years and do nothing, you can petition the courts to correct the errors and get your child support where it should be. However, you must TAKE ACTION!

Common Sense is Not Very Common

noreply@blogger.com (THE ATTORNEY CONNECTION) — Thu, 09 Jul 2009 20:59:00 +0000

At The Attorney Connection's Child Custody Center, our Attorneys talk to hundreds of people per month regarding issues of child custody, visitation and child support. A common call involves fathers trying to reduce or terminate their child support payments.

Many times, the scenario they explain is fairly cut and dry... i.e. they had a dramatic reduction in income, or they have the child way more than per the court order, or both. We even have calls where their children are past the age of emancipation, and where the child support should have been terminated years ago, but the fathers are still making payments, often of $500-$1000/per month. What's amazing is the next part...

Do they spend the low flat fee to get the child support order modified? Many do not, stating that they can't afford it. Even though the service would more than pay for itself in a month or two, they choose to do nothing. In the long run, they end up spending thousands of dollars more because they choose to do nothing and end up making child support payments indefinitely.

And from an Attorney's perspective, it is painful to hear. We are trying to provide an affordable, professional service to help parents get out of situations like this, but ultimately the parent much decide to take action. Unfortunately, some people just want to complain and whine, and do nothing to change their situation. As the saying goes, "Insanity is doing the same thing over and over again, and expecting different results."

If this scenario rings a bell, use common sense and TAKE ACTION.

To Quote Nike... JUST DO IT!

noreply@blogger.com (THE ATTORNEY CONNECTION) — Wed, 24 Jun 2009 19:24:00 +0000

I am sure you are familiar with the famous advertising slogan that shot Nike through the roof... "JUST DO IT." Such a simple phrase, yet so powerful and meaningful.

Too often, people think too much and fail to act. Sometimes, you just have to quite analyzing a situation, and JUST DO SOMETHING. More often than not, doing something is better than doing nothing.

The same holds true with child custody, visitation and child support issues. At The Attorney Connection, we talk to hundreds of people every month who are in very similar circumstances, such as they haven't seen their children in months, or they are paying a disproportionate amount in child support. And unfortunately, too many of them do the same thing... NOTHING! And you know what doing nothing gets you? NOTHING! If you don't take ACTION, things will not get better on their own. If the other parent is not complying with the child custody and visitation order, or they are not paying child support, or whatever, you have to be proactive in remedying the situation. If you don't nobody else will. And remember, it's what's in the best interest of the children that matters!

Services like those offered by The Attorney Connection's Child Custody Center provide an affordable and professional means for a parent to take action and assert his/her rights. As the famous saying goes, "You only fail when you quit trying."

How is Child Support determined?

noreply@blogger.com (THE ATTORNEY CONNECTION) — Tue, 28 Apr 2009 21:02:00 +0000

Child Support is the legislature's attempt to provide financial balance for children who grow up living with only one parent. All parents have a legal duty to support their children.

Generally, the judge who signs the child support order has broad discretion to determine the amount of child support a parent should pay. The amount of child support ordered should be in the child's best interest. State legislatures have established guidelines to help a judge determine child support. The guidelines are presumed to be in a child's best interest.

For instance, in TEXAS, the guidelines give the court a percentage to apply to a parent's net resources. For a parent who has no other children outside the current court proceedings, the percentage to be applied is as follows:

20% for 1 child,
25% for 2 children,
30% for 3 children,
35% for 4 children,
40% for 5 or more children.

In cases where the Obligor, or parent who is obligated to pay child support, has other children to support, the percentages are slightly lower.

A court may consider other factors to determine if applying the guidelines would be unjust or inappropriate in a particular case. Those factors may include:

the child's age and needs;
the parent's ability to contribute to the child's support;
any financial resources available for the child support;
the Obligee's (person receiving child support) net resources and earning potential;
child care expenses;
whether either party has actual physical custody of another child;
the amount of alimony or spousal maintenance;
the child's educational expenses;
employee benefits such as housing or a company car;
health insurance and uninsured medical expenses for the child;
extraordinary educational, healthcare or other expenses of the child;
travel expenses incurred to exercise visitation;
positive or negative cash flow from real or personal property, and assets like businesses or investments;
any other reason consistent with the best interest of the child,

Texas Family Code, Section 154.123.

Information Not Legal Advice. This posting has been prepared for general information purposes only. The information on this web site is not legal advice.

Also, laws vary from state to state, so some information on this web site may not be correct for where you live. Laws also change frequently so the information contained in this web site is not guaranteed to be up to date.

Top 5 Things NOT to do when you are in a child custody battle!

noreply@blogger.com (THE ATTORNEY CONNECTION) — Fri, 27 Feb 2009 04:50:00 +0000

What often gets forgotten in a custody battle is the only thing that really matters- what is in the best interests of the children. Unfortunately, parent often get caught up in their ill-will toward each other and lose sight of what is most important.... the children.

In order to keep your focus on what is important, here is a list of what NOT to do when in the midst of a child custody case:

1. Don't bad mouth the other parent in court. The court is only concerned with what is in the best interests of the child! If the other parent text message you that you are a b-tch or an a--hole, the court does not care. Unless it is something that has to do with something that adversely affects the children, keep bite your tongue.
2. Don't post picture of you doing a beer bong, or partying with your friends on Facebook or MySpace. You are an adult and a parent.... ACT LIKE ONE!.
3. Don't call the police on the other party for no reason just to try to get leverage on the other party. If it's not justified, the court will see right through it and it could adversely affect your chances of getting what you are requesting.
4. In Court- do not argue with the other party. Speak only to the judge and be polite and professional.
5. Do not deny the other parent any visitation they may already be entitled to just because they are behind or not paying child support. That is not an acceptable reason to the court, and it will not help you in your child custody case.

Tennessee Code on Child Custody

noreply@blogger.com (THE ATTORNEY CONNECTION) — Wed, 21 Jan 2009 00:24:00 +0000

The following is a relevant portion of the Tennessee Code pertaining to child custody. Highlights have been added for emphasis. Also, note that Tennessee will take into consideration the reasonable wishes of children ages 12 and older.

36-6-106. Child custody. —

(a) In a suit for annulment, divorce, separate maintenance, or in any other proceeding requiring the court to make a custody determination regarding a minor child, the determination shall be made on the basis of the best interest of the child. The court shall consider all relevant factors, including the following, where applicable:
(1) The love, affection and emotional ties existing between the parents or caregivers and the child;
(2) The disposition of the parents or caregivers to provide the child with food, clothing, medical care, education and other necessary care and the degree to which a parent or caregiver has been the primary caregiver;
(3) The importance of continuity in the child's life and the length of time the child has lived in a stable, satisfactory environment; provided, that, where there is a finding, under subdivision (a)(8), of child abuse, as defined in § 39-15-401 or § 39-15-402, or child sexual abuse, as defined in § 37-1-602, by one (1) parent, and that a nonperpetrating parent or caregiver has relocated in order to flee the perpetrating parent, that the relocation shall not weigh against an award of custody;
(4) The stability of the family unit of the parents or caregivers;
(5) The mental and physical health of the parents or caregivers;
(6) The home, school and community record of the child;
(7) (A) The reasonable preference of the child, if twelve (12) years of age or older;
(B) The court may hear the preference of a younger child on request. The preferences of older children should normally be given greater weight than those of younger children;
(8) Evidence of physical or emotional abuse to the child, to the other parent or to any other person; provided, that, where there are allegations that one (1) parent has committed child abuse, as defined in § 39-15-401 or § 39-15-402, or child sexual abuse, as defined in § 37-1-602, against a family member, the court shall consider all evidence relevant to the physical and emotional safety of the child, and determine, by a clear preponderance of the evidence, whether such abuse has occurred. The court shall include in its decision a written finding of all evidence, and all findings of facts connected to the evidence. In addition, the court shall, where appropriate, refer any issues of abuse to the juvenile court for further proceedings;
(9) The character and behavior of any other person who resides in or frequents the home of a parent or caregiver and the person's interactions with the child; and
(10) Each parent or caregiver's past and potential for future performance of parenting responsibilities, including the willingness and ability of each of the parents and caregivers to facilitate and encourage a close and continuing parent-child relationship between the child and both of the child's parents, consistent with the best interest of the child.

Find out more on How To Assert Your Parental Rights! CLICK HERE.

Mediation and Child Custody

noreply@blogger.com (THE ATTORNEY CONNECTION) — Wed, 14 Jan 2009 17:43:00 +0000

What is “mediation” with regard to child custody?
When parents cannot agree on who will have “custody" of their children, the judge will send them to mediation. In some states, like California, it is mandatory that parties go to mediation before they have a hearing in front of a judge.

What if the parties cannot agree on custody?
The judge may ask a “mediator” to assist the parties with making a bustody agreement or parenting plan or to suggest one. A parenting plan states who the child lives with and who makes
important decisions for the child. It also can cover visitation and child support.

What is a “mediator”?
Mediators are neutral, third parties who try to facilitate a resolution for the parties. They help
parents make parenting plans that are good for the children. Mediators know how to work with separated couples, and they are trained to understand domestic situations. If you are worried about your safety or your children’s safety and welfare, you should tell the mediator. You are permitted to speak with the mediator alone.

What do mediators do?
The mediator will try to help you make a parenting plan that:
• protects you and your children
• states how you and the other parent will make decisions about the children
• states when the child will be with each parent

Mediators also can suggest safe ways to get the children to and from visits with the other parent.
Mediators can also tell you about getting help with housing, counseling and other family related issues.

A mediator is used to try to get the parties to come to a good resolution, without the need to have a hearing before the court. However, a mediator's recommendations are not binding. If an agreement cannot be reached, then the child custody issue will go before a judge, who can make a binding decision, called an "order."

California Family Code Regarding Child Custody

noreply@blogger.com (THE ATTORNEY CONNECTION) — Sat, 10 Jan 2009 00:35:00 +0000

Ever wonder what the California Code states regarding child custody? Well, here you go. Below is a key section of the Family Code in California.

3020. (a) The Legislature finds and declares that it is the public policy of this state to assure that the health, safety, and welfare of children shall be the court's primary concern in determining the best interest of children when making any orders regarding the physical or legal custody or visitation of children. The Legislature further finds and declares that the perpetration of child abuse or domestic violence in a household where a child resides is detrimental to the child.

(b) The Legislature finds and declares that it is the public policy of this state to assure that children have frequent and continuing contact with both parents after the parents have separated or dissolved their marriage, or ended their relationship, and to encourage parents to share the rights and responsibilities of child rearing in order to effect this policy, except where the contactwould not be in the best interest of the child, as provided inSection 3011.

(c) Where the policies set forth in subdivisions (a) and (b) of this section are in conflict, any court's order regarding physical or legal custody or visitation shall be made in a manner that ensures the health, safety, and welfare of the child and the safety of all family members.

CLICK HERE to Find Out More!

Child Custody and Visitation Factors

noreply@blogger.com (THE ATTORNEY CONNECTION) — Mon, 29 Dec 2008 00:27:00 +0000

What are some of the main issues the courts consider when deciding child custody and visitation?

In California, and in many states, the law states that courts must give child custody according to what is in the best interest of the child or children. This is true whether you are before the judge to establish a new parenting plan or modify an existing child custody and/or visitation order. Primarily, they take into consideration the children’s health, safety and overall wellbeing to decide whether to give custody to one or both parents.

That being said, what is “the best interest of the child”? Factors the courts will consider in making this determination include, but are not limited to:

the age of the child,
the health of the child,
the emotional ties between the parents and the child,
the ability of the parents to care for the child,
history of family violence and/or substance abuse, and
the child’s ties to school, home, and his or her community.

Despite what many people think, the Courts do not automatically give custody to the mother, no matter what the age or sex of your children. In addition, Courts cannot deny a parent's right to custody or visitation just because you were never married to the other parent, or because you or the other parent has a physical disability, or a different lifestyle, religious belief or sexual orientation. Again, it goes back to what is in the "best interest of the child."

Consistent with the "best interest of the child" philosophy, in some cases, if giving custody to either parent would harm the children, courts can and will give custody to someone other than the parents because it is in the best interest of the child(ren). Usually, this is type of custody is called “guardianship,” where someone who is not the parent asks for custody of the children because the parents cannot adequately care for the child or children.

Find out more.

California Child Custody

noreply@blogger.com (THE ATTORNEY CONNECTION) — Wed, 17 Dec 2008 03:41:00 +0000

While each state varies with regard to child custody and visitation laws, the factors considered by the courts are very similar in principle, namely what is in the best interests of the child. For instance, in California, the court has the power to make an order for the custody of a minor "that seems necessary or proper."

Primary concern is given to the child's health, safety and welfare. In addition, frequent and continuing contact with both parents is of great importance in determining child custody.

In short, custody and visitation determinations are to be made from the standpoint of the child's best interest. In making the "best interest" determination, the court can consider any "relevant" factors, such as taking into account the child's health, safety and welfare and whether there is any history of physical abuse.

Because the California Courts are obligated to lean toward shared parenting, increasing one's child custody rights and visitation time is available to most parents. Furthermore, the courts and now more open and accessible to those who want to, or need to, represent themselves due to financial constraints.

With the affordable help of a professional, legal document preparation company, parents can now assert their parental rights for less money than ever before. What's more impressive are the legal services out there that are actually provided by licensed attorneys, and not just legal document preparers.

CLICK HERE to find out how you can assert your parental rights at a LOW FLAT FEE!

What are the different types of child custody and what do they mean?

noreply@blogger.com (THE ATTORNEY CONNECTION) — Thu, 11 Dec 2008 03:50:00 +0000

Often you hear people talk about having joint custody of their child, but many use the term loosely and not everyone knows what they mean. Well, here is a brief summary:

First and foremost, understand that custody can mean one of two things: 1) legal custody; and 2) physical custody.

What is Legal Custody? Legal custody involves who has the decision making authority with regard to the child's health, education and welfare. It is the right and obligation to make decisions about a child's upbringing, including schooling and medical care. For instance, if one parent has sole legal custody, this entitles one parent to make the decisions affecting the health, education, religious training, and other major issues regarding the child. The sole custodial parent may consult with the other parent as to his or her opinion, but the ultimate authority to make the decision ultimately rests with the parent who has sole custody.

However, just because a parent has sole legal custody does not mean that the other parent has no rights as to decisions affecting the child. If the noncustodial parent is against a decision, the parent can file a petition with the court and the court may decide what is in the best interest of the child by changing custody or by entering an order directing a parent to do something or refrain from some action.

Many states typically have both parents share legal custody of a child.

What is physical custody? Physical custody is what you would think, which is who physically has custody of the child. In essence, it is the right of a parent to have his or her child live with him/her.

What is Joint custody? Joint custody is an arrangement by which parents who do not live together share the upbringing of a child. Joint custody can be joint legal custody, joint physical custody, or both. Joint custody requires both parents not only to consult with each other regarding the child, but also requires that the parents come to an agreement as to what they are going to do regarding major decisions affecting the child.

To find out more, CLICK HERE!