Entries in the 'Child Custody Settlements' Category ↓

Laws in the United States related to child custody seek to serve the best interests of the children. When parents are divorcing, however, children often are used as pawns in a damaging process that can lead to harmful effects on children. The courts work to mediate the issues surrounding child custody to ensure that children are placed in the situation that is best for them.

The primary aim of the legal system in child custody cases is to decide which parent or relative is most qualified to provide a nurturing environment for the children involved. There are laws pertaining to child custody that cover four categories: child support, legal custody, physical custody, and visitation rights.

Different states have different laws regarding child custody and most states give the parents legal authority to make decisions affecting a child. When agreements cannot be reached, child custody cases are decided in a court of law. Oftentimes, the circumstances involved in a divorce require that temporary custody or a temporary living arrangement be put into place. Custody arrangements can be amended at a later date based on the petition by one parent or the agreement between the two parents. Child custody issues are a concern as long as a child is a minor.

Legal cases involving child custody typically are strongly influenced by the circumstances of the individual parents and their ability to negotiate on issues involving the children. Sadly, child custody lawsuits are a common occurrence in our society.

What to Look For When Searching for a Family Law Attorney

If you are trying to find a West Palm Beach family law attorney to help you with your legal situation, it’s important you know the good qualities and qualifications that a law firm should have. Family law is an area involving complex matters relating to child custody and support, marriage separation and divorce. Attorneys who practice family law deal first-hand with their clients’ personal family issues and it’s essential that you find a lawyer you believe is fit to work with you and who you feel comfortable with.

When searching for a family law firm, it’s important to consider a number of factors. Here are some things you should take into account should you find yourself having difficulty finding the right West Palm Beach lawyer for you.

• Make sure to thoroughly research local family law firms in the area. It’s always beneficial to find a law firm located close to where you live to ensure you experience the most availability from your attorney.

• It’s extremely necessary to find a firm that has extensive litigation experience in the area of family law.

• Try to determine how much personal attention the law firm can give to you and your specific case. Often times if you hire an attorney who is a part of a very large firm, the likelihood of him or her having many cases other than yours to follow is high, thus giving les personal attention to you.

• Find out the law firm’s case record. It’s important to understand how successful the attorneys of that firm have been in the courtroom. The more case wins a firm has on record, the more valuable that legal representation for your family law case will be.

• Find a firm that you feel fits right for your situation. It’s important to work with a lawyer you feel comfortable enough with to work through the many stages of your case.

If you are looking for a law firm in West Palm Beach, contact the attorneys at Plasencia & Associates – we provide the experienced and personalized legal service you need.

This article was provided by:

Plasencia & Associates

http://www.plasencialawfirm.com

Suite 100,4 Harvard Circle,
West Palm Beach,Florida 33409
877-821-9365

Calculating Child Support in Florida

If two parents cannot reach a sensible agreement on a child support amount in a West Palm Beach child custody case, the court will determine an amount using the support guidelines located in Florida statutes. Child support is calculated using Florida Statute 61.30, which states that certain child support guidelines are taken into consideration when determining the amount of child support to be ordered. These guidelines are largely based on the income of each parent.

How Child Support is Calculated

To start, each parent’s net income (his or her gross amount of income minus allowable deductions) is determined.

A parent’s gross income includes:

• Salary or wages
• Disability benefits
• Bonuses and other commissions
• Unemployment compensation
• Pension, retirement and social security benefits
• Income from trusts, estates or royalties
• Reimbursed expenses

Allowable deductions from gross income include:

• Federal, state and local income tax deductions
• Mandatory retirement payments
• Health insurance payments
• Self-employment tax or federal insurance contributions

In accordance with Florida law, both parents’ net income is then added together and the fundamental child support amount is determined using a specific Florida Child Support Guidelines Worksheet (which can be found in the Florida Family Law Rules of Procedure Form -  http://flcourts.org/gen_public/family/forms_rules/902b.pdf).

The amount of child support that one parent must pay to another parent is determined by the Florida Child Support Guidelines, and it’s important you are familiar with these guidelines. Our firm has experience handling child support matters in Florida and our West Palm Beach attorneys assist our clients with their initial child support calculations.

This article was provided by:

Plasencia & Associates

http://www.plasencialawfirm.com

Suite 100, 4 Harvard Circle,
West Palm Beach, Florida 33409
877-821-9365

With any legal case comes the possibility of a lengthy and expensive situation. Many people struggle with the decision on how to pursue their case and it’s important to always consider every factor before continuing with any legal action, especially when your cases involves family law.

Don’t underestimate how long a case takes.

Family court hearings are generally designed to be very short, but trials can take as long as months to be complete. In general, hearings are held on issues – like temporary child support and custody issues – that need to be resolved immediately and can’t wait until trial.

Be aware of all fees.

If your family law case is set to go to trail, don’t assume that you’ll only have to pay legal fees for the days that your lawyer actually spends in trial. With divorce cases especially, your lawyer will need to initiate a “discovery” phase, respond to the any discovery and then prepare a trial and all related documents.

Note: In general, it takes at least three days of preparation time for every one day of trial.

Court time is limited.

Courts usually have a limited amount of time to deal with family law cases. If you bring your child custody matter to a hearing, the court could be forced to make all decisions based on a small amount of information and a short hearing.

It’s important to take the time to figure out what’s best for you and your family, especially your children involved. To make getting a settlement as easy on yourself and your family as possible, you need to realize that you’ll have to cooperate and compromise, even if you truly believe you’re morally and legally right in your situation. Make sure to explore all options to sort out your family law matters including mediation, arbitration and collaboration – to name a few.

If you need advice pertaining to your family law situation, contact Wesley Kent Hill Attorney at Law for help and representation.

Wesley Kent Hill Attorney at Law

P.O. Box 79507

Atlanta, GA 30357

Phone: (678) 522-9253

When it comes to a custody case the two parents or parties have two options on handling the custody agreement. It is recommended to first try mediation with the assistance of a professional lawyer. If the two parties cannot come to a mutual agreement then they will proceed to a child custody litigation case where a judge will grant custody.

What Does The Judge Consider When Granting Custody?
When the decision of guardianship is left up to a judge each party will be present at the hearing. Both parties will have the opportunity to testify. They will each present their side and ask questions of the opposing party, or their lawyer will ask the questions for them. Each party can present evidence proving that they are in fact deserving of the custody they are requesting. This may include personal, medical, or school records. Both parties will also have the opportunity to have a witness. Every witness will have to have a subpoena to appear in court. Each party will be allowed to ask the other witness questions as well as their own witness, which is why it is important to come into court prepared. Having an experienced custody attorney can greatly help you properly organize you for your child custody case. The judge will weight several factors when making the decision of guardianship. Each family and situation is different but usually the judge will take many different factors into account.

The child’s age is considered. If the child is older he or she will be asked who they wish to have custody over them.

Who the child currently resides with and whom the child has resided with in the past will be taken into account.

Can the parent responsibly care for and provide for the child? This question involves many different factors such as the emotional and well being of the parents, as well financially and physically. This question of course is very important to the welfare of the child.

Past history of each parent will be carefully looked at. Was there a case of substance or physical abuse? Will the child be safe with each parent?

After careful consideration the judge will grant custody to the parties. If there is a discrepancy with the judges decision the parent can ask for a reconsideration. For more information contact your local and experienced Philadelphia child custody law firm. If you are seeking assistance with a child custody case in the Philadelphia area contact a qualified law firm.

This article has been provided courtesy of Philadelphia child custody attorney:
Erik B. Jensen P.C.
866-840-4893
http://www.erikjensenlaw.com
(Data Source: Family Law Section of Philadelphia Bar Association)

According to Texas law, before anything begins, those who wish to file for a divorce must have lived in the state for six months and in the county where they file for at least 90 days. If this requirement isn’t met, no further actions will take place and no processes will begin.

Filing a Petition

A husband or wife who wishes to a get a divorce in the state of Texas must first file a petition which generally tells the court what you are asking it to do.

Discovery Phase

This is the time the attorneys involved exchange information (i.e. answer questions or come up with necessary documents). In many situations this process is more informal between both parties as the more formal the procedure is the more it will cost those involved.

Mediation

Couples who don’t want to take their case to trial often choose to seek the help from a mediator to help both parties find compromises and agreements. Both sides usually split the cost of hiring a mediator and can decide how things will turn out without the help of a judge.

Some Texas counties require that divorcing couples use mediation before trial, especially if child custody matters are involved.

Arbitration

The process of arbitration is more trial-like in that both sides express their side of the story to a chosen arbitrator and he or she decides what the outcome will be.

If you’re living in Texas – specifically the Houston area – and wish to file for divorce, contact Houston family law attorney Judy Ritts today.

The Law Office of Judy Ritts

8980 Kirby Drive

Houston, Texas 77054

Phone: 713-666-0646

Spence A. Singleton

Founding Partner
Phone: (866) 604-9720

Statement of practice

Spence A. Singleton is a respected member of his community in Eclectic, Alabama, where he serves as the City Attorney.  His reputation is the reason why he maintains an active criminal law practice and serves as general corporate counsel to several corporations.  Recognized for his legal ability and active interest in the municipality, Spence is known in Eclectic as the attorney to turn to in times of trouble.

People rely on Spence A. Singleton because they know of his legal experience.  He began his legal career as the Confidential Assistant to Attorney General James H. Evans; from 1991 to 1994, Spence worked on special projects in the Alabama Legislature.  In 1995, armed with a license to practice in state and appellate courts,  Spence entered private practice, where he represented a number of real estate developers and industrial clients in a range of litigation and professional transactions.  Finally, in 2008, Spence A. Singleton achieved a personal ambition and opened his private practice in Eclectic, Alabama.

Spence practices criminal law, domestic relations law, business law, and real estate law.  He is a member in good standing with the state bar of Alabama, the Montgomery County Bar Association, the Elmore County Bar Association, and the Alabama Defense Lawyers Association.  Also, our services include estate planning, wills, and representation in divorce,  drunk driving, and probate law cases.


Singleton & Associates, LLC Attorneys at Law
21 Kowaliga Road,
Eclectic, Alabama 36024
334-577-4138
Auburn Divorce Lawyer
Criminal defense attorney in Montgomery

The Buffalo divorce lawyers of the Venzon Law Firm have an interesting approach to divorce cases that differs from some other opinions we have seen out there in the “interworld.”  In an article entitled, “Mediation: The Big Lie,” seasoned family law attorney Catharine Venzon tackles what is often a sensitive and contentious topic.

People seek divorce for many reasons.  Perhaps it’s financial woes, different views on raising children, infidelity, or – they just plain can’t live together.  When two lives have become enmeshed, it is difficult to break away and begin anew – especially when there are children, property, and material possessions involved.

At Venzon Law Firm, a divorce law firm in Buffalo, the attorneys there do not believe in mediation for divorce cases.  Some reasons that are cited are:

• Mediators often charge as much or more than lawyers
• Mediators are not required to keep conversations confidential
• Mediators do not require the kind of strict education and training that attorneys do
• They are not required to interview witnesses or verify facts
• There are no standards which mediators are required to follow by law
• No investigatory work in done by mediators to ensure that the case is settled fairly

Because the core of mediation consists of he said/she said arguments, some attorneys feel the end result can be highly detrimental to both parties.  A divorce lawyer puts a lot of time and effort into ensuring a fair agreement for the parties involved, with the education and experience to interpret the law and reach a resolution.

The process of divorce can be very chaotic and difficult to keep from the public.  Many people may want to keep their personal information private, especially in a small town, if a family business is involved, or if one of the spouses is a local celebrity.  Speak to an experienced divorce lawyer in Roanoke about your divorce matters.

In a growing number of cases, divorcing couples are signing confidentiality agreements, promising not to disclose potentially embarrassing details of their marriage and finances.  One recent case involved an agreement signed by Dr. Nicholas Perricone, an anti-aging guru who wrote the best-seller The Wrinkle Cure.  After his divorce, Perricone went to court asking for a restraining order. He claimed his ex-wife was planning to appear on the national television show “20/20” to discuss the details of their marriage, which would violate the agreement.  The ex-wife then added a new wrinkle to the case: She claimed that even though she signed the agreement, it wasn’t valid because it violated her First Amendment right to free speech.  But the Connecticut Supreme Court smoothed things out for Dr. Perricone – it ruled that his ex-wife had waived her First Amendment rights when she signed the agreement.

For more information about how to divorce in Roanoke contact the Roanoke or Salem VA divorce lawyer at Eric Roland Spencer to discuss your case at 1-866-942-1215 or fill out our contact us form.

The Role Divorce Mediation
In some divorces, spouses participate in mediation in order to avoid a courtroom trial. Mediation typically addresses contentious issues, such as child custody, child support, alimony, and property division.

In divorce mediation, both spouses meet with a neutral third party—which can be an attorney—to try to resolve issues through open communication. The mediator’s role is to facilitate discussion, rather than prescribe or enforce decisions. If mediation is successful, then an agreement can be drafted and presented to a judge, thereby averting a trial.

There are many advantages to divorce mediation in Dallas:

• It could avoid unnecessary costs and stress associated with a courtroom trial
• It is voluntary and encourages spouses to respect each other’s positions
• It is private
• It could avoid the risk of emotional trauma for children

The benefits of mediation are actually so widely acknowledged as to be prescribed to spouses in some jurisdictions before a judge will hear the case.
When divorce mediation fails
Unfortunately, divorce mediation does not always succeed in reaching an agreement between spouses. As a voluntary process, divorce mediation does not require that you reach an agreement. Perhaps, one spouse is unhappy with the direction that the discussion is moving or feels pressured to accept terms. In such cases, the recourse is to speak to a divorce attorney about taking the divorce to trial.

Taking the case to trial may be the only way that your story can be heard and your interests represented. When a divorce goes to court, a judge ultimately decides how issues such as child custody and property division will be resolved. Judges follows state statutes for marriage dissolution—such as guidelines about how to decide property—while using their discretion. A skilled divorce lawyer will know how to aggressively represent your interests and reach a fair settlement.

This article has been provided courtesy of Divorce Attorney, Michelle Goodwin. You can reach Ms. Goodwin by calling toll-free: 888-393-7124.

If you plan to file for divorce, there will be many personal and financial details to sort out with your spouse. Some of these may relate to difficult questions about family, such as who will have custody of the children and what will be the terms of alimony. Additionally, a divorce settlement will address assets and property. A skilled divorce attorney can advise you about how to divide assets, as well as negotiate on your behalf and represent you during mediation and trial.

Texas: A community property state

Individual states have different procedures for dividing property during a divorce. Texas, along with nine other states, is considered a community property state, which means that assets and debts acquired during a marriage are split almost equally between spouses. There are many items that could be considered community property:

• Real property
• Stocks and bonds
• Savings accounts
• Automobiles
• Retirement benefits
• 401(k) and IRA accounts
• Life insurance
• Copyright royalties
• Rental income
• Debts

Separate property

Not all property in community property states is subject to equal division during a divorce. Some property is deemed separate because it clearly belongs to only one of the spouses:

• Assets acquired by one of the spouses before the marriage, providing that it was kept separate from other property acquired during the marriage
• Income from property investments that were not shared (i.e., commingled)
• Property inherited from your family that was not commingled

Equitable distribution states

The alternative to community property, which is practiced by most states, is equitable distribution. For divorces in equitable distribution states, many factors are taken into consideration before deciding how to divide the property:

• The length of the marriage
• The standard of living for spouses
• The income and potential earnings of each spouse
• Tax consequences
• Any written agreements

Equitable distribution states take a more holistic approach than community property states for deciding how to divide assets and debts. If you are considering divorce and are unsure about how this might affect your personal financial situation, contact an experienced lawyer in your state.

This article has been provided courtesy of Divorce Attorney:
Michelle Goodwin
5430 Glen Lakes,
Dallas, Texas 75231
Toll-Free: 888-393-7124