The Attorney Connection Blog

Do Judges Prefer Giving Child Custody to Mothers?

noreply@blogger.com (THE ATTORNEY CONNECTION) — Fri, 18 Dec 2020 17:47:00 +0000

Do Judges Prefer Giving Child Custody to Mothers?

The politically correct answer is no. The reality is, sometimes, possibly.

In the past, it was assumed that children should stay with their mother if the mother and father divorce. In fact, some states had laws on the books that favored the mother getting custody. And even without statutes giving preference to the mothers, it was an unspoken rule of thumb. However, most states don’t adhere this unspoken rule anymore. Some jurisdictions even have even statutes stating that there shouldn’t be a custody preference that favors women over men.

The laws in your state may vary when it comes to the factors courts must consider to determine arrangements for child custody. However, according to current laws across the country, the judge awards custody based on the child’s best interests.

The reality is, in many instances, mothers may be more likely to fit this description. This is primarily based on the structure of the marriage of family, since more women stay at home with their children than men do, while the husband works. Of course, things are changing,and there are more fathers caring for children at home while the mother is working outside of the home.

If you’re a father going through a divorce, it’s vital to know which factors the courts will use to determine if you should be awarded custody. You’ll have to prove your value when it comes to those elements, whether you want visitation with your child, joint custody, or sole custody.

One of the key factors that comes into play when it comes to custody is which parent is the primary caregiver for the child. This is also referred to in some courts as the parent who is most qualified to meet the needs of the child.

In some families, these duties are shared by both parents. Some couples also decide that the father will stay at home with the children. However, even though more women are working full time these days, they still are more likely to be the primary caregiver for the children.

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The Benefits of Establishing Paternity

noreply@blogger.com (THE ATTORNEY CONNECTION) — Mon, 07 Dec 2020 15:57:00 +0000

Why It’s Important to Legally Document Fatherhood

When a married couple has a child, both parents are presumed under the law to be the legal parents without any documentation to that effect from the court. However, when a child is born to two single people, the father must legally establish paternity before any rights and responsibilities can be given to him.

There are many other reasons for establishing paternity:

Child Support: By establishing paternity, you can meet obligation of supporting your child and avoid a large amount of arrears accumulating.

Benefits: Children are entitled to receive benefits from the government under certain circumstances. If the father was a veteran, the child may be able to receive disability and/or death benefits from Veteran’s Administration. Likewise, Social Security also pays benefits to minor children of deceased parents so it’s to the child’s financial benefit to have the biological father legally documented.

Inheritance: Unless a child is specifically named in the will of his or her father, he or she cannot receive any inheritance if paternity has not been established. Paternity also enables the child to receive inheritances from other family members on the father’s side when the relative passes on without a will.

Adoption: In order for a child to be adopted by a step-parent or other guardian, both biological parents must generally agree to the adoption. If paternity has not been established in court, the father will be unable to contest any actions for adoption.

In addition to legal issues, there are also some personal yet equally important reasons to establish paternity:

Things Can Change: If relationships are strained now it doesn’t necessarily mean that things won’t change in the future. They can, and they frequently do. Establishing paternity leaves the door open for the child and the father to reconnect at a later time and possibly build a lasting relationship. Without establishing paternity, the child may never know who his or her biological father is.

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What Every Parent Should Know About Family Law

noreply@blogger.com (THE ATTORNEY CONNECTION) — Tue, 24 Nov 2020 19:57:00 +0000

A frequently asked question about family law is "what exactly is included in family law?"

Family law involves a variety of different topics that relate to legal family matters, such as paternity, child custody, child support, legal separation, divorce, pre-nuptial agreements, civil unions, guardianship and other certain factors that relate to children, like adoption, parenting time, and termination of parental rights.

Because there are such a broad range of topics within family law, it can appear overwhelming at times. So, what are a few of the basics that everyone should know about family law.

Considering child custody and child support are two of the most common areas of family law, two phrases can provide a lot of information when it comes to these topics. (1) Change of circumstances; and (2) best interests of the children. In short, if there is a substantial change in circumstances (parent moving, new job, etc.), one may be able to seek a modification of child custody or child support, or both. And when it comes to evaluating and deciding on these issues, the judge will always put emphasis on what is in the best interests of the children.

In seeking resolution to family law issues, parties are generally best if they try avoid a court case, especially when there are children involved in the matter at hand. Whenever possible, if the parents can reach a satisfactory solution for all of the family, without the taking the time, expense and risk of the unknown, all parties are usually better off.

However, reaching a mutual agreement is not always possible. In those cases, one may need to petition the court to resolve their family law matter. Unfortunately, retaining an attorney can cost thousands of dollars. The good news is, if one cannot afford an attorney, representing oneself in family court is fairly common. And with the help of an affordable, professional family law resource, resolving your case without an attorney is a realistic option.

GET Family Law Help HERE...

What are the Legal Grounds for Divorce?

noreply@blogger.com (THE ATTORNEY CONNECTION) — Tue, 17 Nov 2020 16:05:00 +0000

Like so many areas of law, the legal grounds for divorce can vary from state to state.

While there are many reasons why couples who vowed to stay together in sickness and in health, for richer and for poorer... decide to end their marriage, the law acknowledges only certain legal grounds for divorce. Some of the grounds for divorce, again depending on the jurisdiction, may include:

Unreasonable behavior – mental disorders, harassment, bullying, violent tendencies or cruelty, and abuse. That a person has behaved in such a way that their partner/spouse cannot reasonably be expected to live with them.
Adultery or infidelity – one or both spouses committed adultery and forgiveness or giving another chance is not an option.
Criminal conviction and/or imprisonment.
Dissertation – one spouse has left and lost contact for over 5 years and not showing any sign or intention of going back home.
Separation with consent – couples that agreed to live separately for two years or more and consider their relationship as over and done.
Separation without consent – a couple living separately for five years or more.
Mental incapacity at time of marriage.
Mental or physical abuse

Check your state laws to be sure, but these are the most common grounds for divorce across various states.

No-fault divorces are more common and are typically faster and simpler forms of divorce proceedings. Since there is no burden of proof, the proceedings and/or trials tend to be quicker and less expensive than their counterparts.

Help Make a Positive Change for a Family

noreply@blogger.com (THE ATTORNEY CONNECTION) — Tue, 10 Nov 2020 18:07:00 +0000

CLICK HERE for More Info

Enforcing a Child Support Order

noreply@blogger.com (THE ATTORNEY CONNECTION) — Fri, 06 Nov 2020 18:46:00 +0000

When it comes to child support enforcement, many parents don't know where to turn to get the issue resolved. All states have child support services that may assist with collecting back child support. However, this bureaucratic and often confusing process can often take several months or years, and often with no success. When a delay happens, parents can get discourage and ultimately not follow through the trying to enforce child support. Unfortunately, such inaction will be to the detriment of their child(ren).

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.

A common solution is to do-it-yourself, however this may be difficult for some. However, utilizing the benefits of a credible family law help resource, it actually can be quite simple.

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.

For information on affordable, professional legal help, CLICK HERE.

Affordable Family Law Help

noreply@blogger.com (THE ATTORNEY CONNECTION) — Tue, 03 Nov 2020 14:40:00 +0000

The reality is, most people cannot afford to spend thousands of dollars to retain an attorney when they have a child custody, child support, paternity or other family law case. To make matters worse, sometimes these issues come up several times while your child(ren) are minors. To spend thousands of dollars every time on a family law lawyer is even more unrealistic.

Fortunately, there are professional legal help options. Some services, such as FamilyLawInsider.com from The Attorney Connection, provide a solution for any budget. Get access to thousands of family law documents and forms, for all 50 states, and get access to attorney support.

Statistically, over 70% of people represent themselves in family law cases. With Family Law Insider, you can get professional legal help from experienced family law attorneys so that you are not doing it entirely on your own, and still save thousands of dollars.

CLICK HERE TO FIND OUT MORE!

How to Get a Copy of a Court Order?

noreply@blogger.com (THE ATTORNEY CONNECTION) — Thu, 29 Oct 2020 17:24:00 +0000

Too often, a parent needs to take legal action on a custody or child support issue, but does not have a copy of the most recent court order. If you do not have a copy of the order(s), you can contact the court (or Child Support Agency, where applicable) that issued the order(s) and request that they send you a copy.

Typically, it involved calling the court clerk's office, and letting them know you would like to request a copy of your child custody order or child support order. They can then tell you what the copying fee will be, and usually will tell you to mail a request, with the check and a self-addressed stamped envelope, so that they can return it to you with a copy of the court order.

You should always keep a copy of any existing orders for your records. This is important so that you know, and and can protect, your legal rights.

FOR MORE INFORMATION, CLICK HERE

TIPS FOR REPRESENTING YOURSELF IN FAMILY LAW MATTERS

noreply@blogger.com (THE ATTORNEY CONNECTION) — Wed, 28 Oct 2020 20:08:00 +0000

TIPS FOR REPRESENTING YOURSELF IN FAMILY LAW MATTERS

Although you have an absolute right to represent yourself , there are significant risks and
responsibilities which go along with that right. It is important that you carefully examine the risks
at every stage of the court process to determine if you are able to go forward without an attorney. If you cannot afford to retain an attorney, you should also look into getting some type of more affordable, limited scope type help from a family law attorney.

Keep all of your legal papers organized and in one place.
Keep track of important dates in your case, such as filing deadlines, response deadlines,confirmation times, hearing dates and trial dates.
Preparing Your Forms. Family Law Forms for Court Pleadings usually are available at the Clerk’s Office or on the Court's website.
If there is one in he County in which your case is being heard, it is a good idea to review all pleadings with the Courthouse Facilitator before going forward to make sure you have the right forms.
File your documents with the Court and have the other party(s) properly served with the documents (generally you can have the local sheriff serve them).
Get a Hearing date.
Dress professionally for Court.
Arrive early to Court.
When your case is called, you walk forward to the Bar, behind which are sitting the Clerk and Judge. You can put your papers and notes on top of the Bar or Counsel Table.
Speak only to the Judge and not to the other party. Unless you have a legal objection, do not interrupt the other side. Keep your argument simple and relevant to the issues. Tell the Judge what you want and why you want it. If necessary, counter any arguments brought up by the other party.
Conclude with a summary of what you want.
If you are the one seeking an Order of the Court, have a proposed Order with you so that the Judge’s ruling can be set out in writing and filed promptly.

CLICK HERE FOR CHILD SUPPORT and/or CHILD CUSTODY information and help

What is the Putative Father Registry?

noreply@blogger.com (THE ATTORNEY CONNECTION) — Tue, 27 Oct 2020 14:25:00 +0000

The Putative Father Registry records the names and addresses of fathers (or men who believe they are fathers) of children born outside of marriage.

Why should a father put his name on the Putative Father Registry?
The Putative Father Registry allows a man to “officially” claim he is the father of a child. A man may want to do this before paternity is legally established if he can’t find the child’s mother or if the mother doesn’t want to establish paternity for the child.

The Putative Father Registry is used in adoption proceedings to identify the child’s father, and promptly secure his consent to proceed with the adoption. A man who is concerned that his child may be adopted without his consent should place his name on the Putative Father Registry before the child’s birth or within a certain amount days (depending on the state) of the child’s birth in order to be notified of an adoption proceeding for the child. Failure to file in a timely manner shall waive a man’s right to withhold consent to an adoption proceeding unless certain factor(s) exist.

Notice of Intent to Claim Paternity
A man’s name is added to the Putative Father Registry when a court order is entered saying he is the legal father. A man can also add his name to the Putative Father Registry by filing a Notice of Intent to Claim Paternity or Acknowledgment of Paternity (or similar document) with the Bureau of Vital Records (or similar department). Filing this notice does not establish legal paternity, but it does create an official record of the man’s claim to be the father of a child. The man’s name is not added to the child’s birth certificate. A man should contact the Bureau of Vital Records (or equivalent department) if he wants to add his name to the registry.

A person filing a Notice of Intent to Claim Paternity of a child shall notify the registry of any change of address.

Who should register?
A man who is not married to a child’s mother may acknowledge paternity by completing the Notice of Intent to Claim Paternity. The completed form must be notarized and mailed to the Putative Father Registry.

A person who has filed a Notice of Intent to Claim Paternity sometimes may be able to revoke a Notice of Intent to Claim Paternity by submitting a rescission to the Bureau of Vital Records (or equivalent department).

An un-revoked Notice of Intent to Claim Paternity of a child may be introduced in evidence by any party, other than the person who filed such notice, in any proceeding in which such fact may be relevant.

Voluntary acknowledgement of paternity
Parents can voluntarily establish paternity for their child by completing an Affidavit Acknowledging Paternity any time after their child’s birth. When both parents properly complete and sign this affidavit, the man’s name can be added to the child’s birth certificate and the man becomes the legal father of the child. This affidavit can have the same effect as a court order establishing paternity (in most jurisdictions) and can be used as a basis for entering a child support order.

NEED HELP? CLICK HERE

How to Appear in Court via Telephone

noreply@blogger.com (THE ATTORNEY CONNECTION) — Wed, 21 Oct 2020 20:57:00 +0000

Many courts allow parties to the case, including family law cases, to appear by telephone, particularly if one lives a significant distance from the Court. Please be aware that the use of a telephone appearance must be approved by the Court in advance and may cost the party a small fee. However, many do not charge those litigants who are indigent and have secured a waiver of costs.

Generally, in order to participate by telephone a proper request/motion must be timely filed with the Clerk of Court well in-advance of the court hearing date. The specific process can vary from court to court, so contact the applicable court clerk as soon as possible to determine what you need if you need to request to appear by telephone.

IMPORTANT: If possible, it is always best to appear for court in person. Remember, family law judges are human, and in-person appearances are more likely to have a positive impact on the court because is shows the court how serious you take your case.

This article is for information purposes only, to provide people more knowledge and a better understanding of family law, including child support and child custody cases, so that you may better assert and protect your rights. It is not intended as a substitute for legal advice from a licensed attorney in your jurisdiction.

CLICK HERE for Affordable Family Law Help

How to Win Your Child Support Case Without An Attorney

noreply@blogger.com (THE ATTORNEY CONNECTION) — Mon, 19 Oct 2020 19:47:00 +0000

What If I Cannot Find the Other Party for Service of Legal Action?

noreply@blogger.com (THE ATTORNEY CONNECTION) — Thu, 15 Oct 2020 15:18:00 +0000

Before a court can have jurisdiction over a defendant, the plaintiff must serve him or her with the legal documents that show that a legal action, such as a paternity, child custody or child support case is pending against him or her.

What is Service by Publication?

When a legal action is initiated against a defendant, and that defendant cannot be found to accept delivery of legal documents, service by publication may be permitted by a judge's order. This process refers to official notification published in the newspaper. Notice of publication must conform to certain legislated guidelines in the areas of process and format.

How Does Service by Publication Work?

This process refers to the act of serving a summons or another legal document pertaining to a lawsuit by publishing it in a general-circulation newspaper. It gives “constructive notice” to an unknown, intentionally absent or in-hiding defendant. Constructive notice assumes that the defendant receives the notice even when not delivered in person. This service of process is permitted only on a judge’s order after a sworn declaration has been given of the failure to locate the defendant after exercising due diligence. The court considers publication effective whether or not it is read by the defendant.

If you have exhausted all of the methods to have the individual served by personal service, you may be able to have the person served through another method, specifically Service by Publication.

CLICK HERE to Learn More

What is Child Custody Mediation?

noreply@blogger.com (THE ATTORNEY CONNECTION) — Wed, 14 Oct 2020 23:09:00 +0000

Child custody mediation is an opportunity for parents to resolve their situation about a parenting plan and visitation schedule for their child(ren). In mediation, the parents try to reach an acceptable agreement by engaging the help of an expert (a mediator) in resolving these disputes.

If the parents are able to work out an agreement, great! If so, the mediator typically assists the parents write a parenting plan. It then may become a custody and visitation order if it is acceptable and signed by a judge. The judge will do so if he/she believes the agreement is in the best interests of the child(ren).

In some jurisdictions, the mediator can give a written recommendation to the parents and the court if the parents cannot agree to a parenting plan. Also, some jurisdictions mandate mediation prior to a custody/visitation hearing before the judge. In addition, some courts provide this service to the parties, while others only offer the option of private mediation.

The goals of mediation are to:

Help the parties set up a parenting plan that is in the best interest of your children.
Save the court time and money by eliminating the need for a hearing when the parties can reach an acceptable agreement.

NEED AFFORDABLE FAMILY LAW HELP, CLICK HERE

How to Win Child Custody and Child Support Case without an Attorney

noreply@blogger.com (THE ATTORNEY CONNECTION) — Thu, 08 Oct 2020 22:33:00 +0000

Top Ten Tips for Family Law Cases

noreply@blogger.com (THE ATTORNEY CONNECTION) — Tue, 09 Jun 2015 20:50:00 +0000

10 TIPS TO PREPARE FOR FAMILY LAW CASES
Getting Ready for Trial is the Key to Your Success.

1. TRIAL OUTLINE and NOTEBOOK. At least a few days before trial, write an outline of what you are asking for and why. Break it down into sections: parenting plan, child support and maintenance, custody, etc. for organization. Keep all of your trial materials in a well-organized notebook.
2. PREPARE YOUR QUESTIONS. Think out what you want to present to the Court and write
down the key points you must make. Write out the questions you believe are important so you
won’t forget to ask them. List the specific points you want to make to the Court so you can check
them off as you make your points.
3. EXHIBITS. You must bring the originals and 3 copies of any documents, papers or pictures
you want the Court to consider. Bring them to the courtroom early so that the Clerk can properly mark them. Make a List of your Exhibits so you can keep track of them.
4. WITNESSES. Your Witnesses must be ready to go when the trial is called. If a Witness is not
needed for several hours, make sure they are available within 10 to 15 minutes with a quick phone
call. Before the day of trial, make a List of the names of your witnesses. File the original and give
a copy to the Judge and the opposing party.
5. PARENTING PLAN. Bring 4 copies of the Parenting Plan you are proposing for your children.
6. CHILD SUPPORT. Bring your most recent pay stubs, W-2 and last year’s tax return. Prepare
Child Support Worksheets using the income you have and that of the other parent, and prepare
an Order of Child Support. Again, bring 4 copies of everything.
7. MAINTENANCE. Bring you most recent pay stubs, W-2, last year’s tax return and a completed
Financial Declaration which details your income and expenses. Also bring any other documents
you feel support your request for maintenance or your position that maintenance is not
appropriate.
8. OBJECTIONS AND MOTIONS. The Rules of Evidence and the Civil Rules control how the trial
will be conducted by the Judge. If an “Objection” is made, do not interrupt until the nature of the
Objection is stated. The Court will then allow you to respond, and the Court will then rule on the
Objection. Do not speak to the opposing party during objections, speak only to the Judge and
speak only one at a time.
9. OPENING + CLOSING STATEMENTS. You get to address the Court at both at the beginning
and at the end of the trial. You should summarize what you want and why you want it. Be brief,
concise and as specific as you can in stating what you want the Court to do.
10. TIMELINESS. Be in the courtroom at least 30 minutes before the trial is scheduled to start. Err on the side of caution and give yourself plenty of time. You will be able to get settled and comfortable, but NEVER BE LATE.

CLICK HERE for family law help

Child Custody Mediation Tips

noreply@blogger.com (THE ATTORNEY CONNECTION) — Tue, 09 Jun 2015 20:37:00 +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. 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.

If mediation is to be successful it is important that the parties enter into the process in
good faith, with an open mind, and a willingness to consider a fair resolution of the
dispute.

• Mediation allows the parties to resolve disputes in ways that meet their needs and
interests.
• The effectiveness of the mediation can be enhanced if the parties and their attorneys
consider their interests and the interests of the other side in anticipation of the mediation.
• Lawyers and clients will frequently be the best source of creative ideas to resolve a
dispute. Don't wait until the day of the mediation to rely solely on the mediator to tap
that creativity.
• Well before the mediation, begin focusing your attention on the topic of "interests." As
you prepare for the mediation, determine clearly your own interests and needs, and
equally important, consider how the opposition would define its interests and needs.
Indeed, it may be useful to specifically identify the other party’s perspective on the
dispute. CLICK HERE for more information

What is Guardianship

noreply@blogger.com (THE ATTORNEY CONNECTION) — Tue, 09 Jun 2015 20:28:00 +0000

Who or what is a guardian?

A guardian is someone who takes care of a child's needs. This typically includes such things as shelter, education, food and medical care. Guardians also usually manage the finances of the child.

A guardianship is a legal relationship between a minor child and a guardian that gives the guardian certain rights and obligations regarding the child. However, a guardianship does not sever the legal relationship that exists between a child and his or her biological parent. Instead, it co-exists with that legal relationship.

Are you considering guardianship?

If you are planning on taking care of the child on a long term basis, then you should consider becoming a guardian. Without guardianship, you will have difficulty getting medical care for the child, enrolling him or her in school, as well as a host of other issues. Also, because guardianship creates a legal right, you will have some say in the child's future as a guardian, whereas a mere caretaker would not.CLICK HERE to find out more

How are child support guidelines set?

noreply@blogger.com (THE ATTORNEY CONNECTION) — Wed, 27 May 2015 18:35:00 +0000

The initial point for determining child support usually is the state’s guideline that considers the income of the parents, the number of children, and typically some other factors. The formulas are based on studies of how much families ordinarily spend for raising children. Courts input the applicable numbers into the formula and arrive at an amount of support that should be paid for the child or children. The guideline applies equally to children born to married parents and to children born out of wedlock.

The amount of money a parent will have to pay in child support varies from state to state because each state has its own guidelines, as well as the fact that judges may differ in their willingness to depart from guidelines.
Generally, there are two types of child support guidelines. One type is based on the income of the person who is supposed to pay child support, the obligor, and the number of children. The other type of guideline is based on the income of both parents and number of children. This second type of guideline often is referred to as the income shares model.

In addition to the guidelines, parents can argue that because of special circumstances, a court should order more or less support than the guideline amount. While support orders can be reviewed by one of the parties filing a motion or petition with the court based on a change in circumstances, in some states, support orders are automatically reviewed every few years to make sure payments are consistent with current income and the support guidelines. CLICK HERE FOR CHILD SUPPORT HELP

Active Service Members and Child Custody- What to do?

noreply@blogger.com (THE ATTORNEY CONNECTION) — Wed, 27 May 2015 18:17:00 +0000

What soldiers should do before deployment? A soldier should make sure that he or she is well versed in the benefits and detriments of the potential application of the Servicemembers Civil Relief Act (SCRA) to his or her specific situation. Ideally, both parties should strive to reach a consent order rather than litigating the issue and allowing the decision to a judge. If, the child custody order should be drafted in anticipation of deployment or mobilization and should address the service member reuniting with the child at the end of the military assignment. The facts should address circumstances such as the home state of the child and the current child custody arrangement with respect to, and without limitation to, the education and housing of the child. However, because no one can predict the potential problems that may occur with negotiated temporary orders many states have drafted, or are currently drafting, legislation that will prevent service members from having to make a choice between their country and their children. CLICK HERE FOR CHILD CUSTODY HELP

Modifying a Child Support Order

noreply@blogger.com (THE ATTORNEY CONNECTION) — Fri, 08 May 2015 20:19:00 +0000

The determination of the initial amount of of child support is done at the time the original child support order is entered. However, the law recognizes that circumstances, as well as income and expenses, can change over time. The process of changing an existing child support order to reflect the changed circumstances is called a modification. In many jurisdictions, the law permits a modification of the amount of a support order
if a recalculation of the support amount using the child support guidelines shows a change of at least 10% when compared to the existing support order. This means ten percent up OR down.

If you think a change in your income, the other parent’s income, or some related expense necessitates a change in the support amount, your first step should be to run the numbers through a new child support calculation. If the resulting figure differs from the current child support order by more than 10% either way, a modification may be in order.

Some of the more common factors that may lead to a modification include:
■ a significant change in parenting time, such as the number of nights a child spends at a parent’s residence
■ a parent’s loss of employment
■ the return of a parent to school

You may think you are entitled to a modification if your ex has remarried. However, most guidelines only factor in the incomes of the two parents of the child in question.

If you believe you are entitled to a modification of your support amount, you may want to take immediate action. You may try to bring a legal action to modify your support order to court independently, with low-cost attorney assistance. CLICK HERE for a free case evaluation.

Acknowledgment of Paternity and Child Custody

noreply@blogger.com (THE ATTORNEY CONNECTION) — Thu, 30 Apr 2015 17:04:00 +0000

No. Custody issues (parental responsibilities and parenting time) are determined by a court order, separate from paternity. Visitation terms can be arranged informally between the mother and the father or set by the court. Therefore, a father needs to understand that just because his name is on the birth certificate and/or an Acknowledgment of Paternity has been signed by both parents, he is subject to the control of the mother in terms of visitation unless and until he gets a custody/visitation order from a court.

Call (888) 257-0095 to find out more about your rights.

Texas- When Can I Ask to Change My Child Support Order?

noreply@blogger.com (THE ATTORNEY CONNECTION) — Tue, 31 Mar 2015 18:25:00 +0000

In Texas, a parent may ask for a modification of a child support order:

If it has been three or more years since the order was established or last modified and the monthly amount of the child support order differs by either 20 percent or $100 from the amount that would be awarded according to the Texas child support guidelines; or
A material and substantial change of circumstances has occurred since the child support order was last set.

CLICK HERE to find out more

Court Preparation Checklist for Family Court

noreply@blogger.com (THE ATTORNEY CONNECTION) — Mon, 16 Feb 2015 23:50:00 +0000

Below is a Court Preparation Checklist for Paternity, Custody & Child Support cases:
□ Make an outline, at least a few days before your
hearing, of all important information you want the
judge to know and bring it with you to court.
□ Know how to get to the courthouse.
□ Dress professionally.
□ Bring a copy of all of the papers that you filed and
whatever the other party served on you.
□ Leave for court in sufficient time to arrive early.
□ If the other party does not show up for court, ask the
judge for a “Default Judgment” (which is requesting
what you asked for).
□ Be polite and respectful:
o To the judge
o To the other party and their attorney, if they have
one.
□ Don’t interrupt when someone else is talking,
ESPECIALLY the Judge; Speak when it is your turn.
□ When it is your turn to talk, speak directly to the
judge, not to the other side.
□ Focus on “the best interests of the child.”
□ Always address the judge when speaking, and call
him/her “Your Honor.”
□ If the judge asks you a question, ANSWER the
question that was asked as briefly and to the point as
possible.

Appearing for Court by Telephone for your Family Law Case

noreply@blogger.com (THE ATTORNEY CONNECTION) — Mon, 16 Feb 2015 23:46:00 +0000

Family law cases frequently involve parties that live in different counties or states, far from each other. In those situations, one of the parties inevitably will have trouble appearing for court in person. While one should always try to appear in person when possible, to personalize yourself to the judge, that is not always realistic.

In those situations, most jurisdictions allow for a "telephonic appearance", or appearing by telephone. If you need to make such an appearance, be sure to prepare in advance. Different courts have different procedures for making a request to appear by telephone for your family law case. Whether its for paternity, child custody, child support or something else, you need to make sure you appear and your position is heard. So preparation is the key.

The best course of action is to call the court clerk at the courthouse where your case is to be heard. Let the clerk know that you live far away and ask what their procedure is to request to appear by phone. Then follow exactly what they tell you, and do it as soon as possible. Otherwise, you could waive your chance to appear by phone.

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