Why You Should Hire a Divorce Lawyer

Divorce lawyers will play a key role in ensuring that your divorce proceedings are successful. The lawyers understand all the intricacies of the divorce process and it’s important to ensure that you work with the best divorce lawyer. In this article, we look at the benefits of hiring top rated divorce lawyers to take up your case.

Why You Should Hire the Best Lawyer

Below are the reasons why you should hire a divorce lawyer.

  • The Divorce lawyer knows the Law

Divorce laws vary from one state to another. The divorce lawyer knows the laws that will apply to your case. In case of any changes in the law, the family lawyers will be able to advise you accordingly. The divorce lawyer you work with will know the laws and regulations in the state you live in. The lawyer you work with should understand the laws and guidelines affecting your case. It’s imperative to make sure you work with a lawyer who understands state and county laws.

  • Expertise and Experience

The divorce lawyer has the expertise to know when to file a petition or move a motion. The lawyer knows what information is crucial during the process and how to organize the paperwork needed during the process. The lawyer has experience in negotiating issues such as property division and child support. It’s important to work with a lawyer who has experience in all the issues that may arise in your case. The spousal support lawyer knows the in’s and out’s of the divorce court. The lawyer knows the judges and other lawyers and that makes it easier to know the direction of your case.

  • Impartiality and Advice

The divorce lawyer is a 3rd party in the case and they will be able to give you advise and assist you make better decisions. Divorce is hard, and you may not have a clear head. The divorce lawyer will make be able to help you make important decisions. The lawyer has no emotional investment in the case and can make the right judgment

  • Make the Process Less Stressful

The divorce process is messy and stressful. Work with the top-rated divorce lawyer and that will give you some respite. Make sure that you work with the best lawyers. When choosing the lawyer due diligence is crucial in getting the best.

  • Ensure fair Division of Assets

After the divorce division of assets will occur. Work with the high asset divorce lawyers to ensure a fair division of property acquired during the marriage The lawyer will come up with strategies to ensure that there are no issues that will catch you unawares. That will ensure that your divorce concludes speedily.

  • To Counter the Divorce Lawyer your Spouse Will Hire

Divorce cases escalate quickly and it’s important to get a lawyer as soon as possible. Issues can become messy and if you don’t have a lawyer you may lose out. It’s important to hire a professional lawyer to take up your case to avoid any surprises. You don’t want your children dragged into the process and it’s, therefore, best to work with the top rated divorce lawyer.

  • Best Interest of the Children

Divorce will affect the children and it’s important to ensure that the process goes smoothly. It’s imperative to ensure that the process considers the interest of the children. The family lawyer will ensure the custody agreement works for the children.

  • Speed up the Process

A lawyer will help make your process fast and ensure that you get a fair share of the property. A speedy process will ensure that the divorce doesn’t take a toll on you and your children. Make sure that you choose the best divorce lawyer to ensure the process is smooth and takes the shortest time possible.

The above benefits are the reason you should hire a divorce lawyer. The divorce process is a difficult one and it’s, therefore, best to ensure that you work with the best lawyer. If you and your spouse have assets, make sure that you consult and work with the high asset divorce lawyer to make sure fair distribution of assets. The lawyer will also ensure at the end of the case the interest of the children is considered.

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When Should You Hire a Child Custody Lawyer?

The decision whether you need a child support lawyer can be confusing. They are many reasons that may make it crucial to have a family lawyer. If you have gone through a divorce and there are issues arising, then you will need to have a lawyer that you can consult. In this article, we tell you scenarios that will need an experienced child support lawyer by your side.

Signs that You Need to Hire a Child Support Lawyer

  • The other Parent Has a Lawyer

If you know that the other parent is working with a divorce lawyer or a family lawyer regarding the children, then you need to get one. It’s important to ensure that you get child support lawyer to take up your case to avoid being caught off guard. Work with the best divorce lawyer and make sure that you provide all the information needed to make sure the case goes your way. Remember the judge will look out for the interest of the children.

  • The Case Has Become Complicated

If you had started the case and it’s becoming more complicated, then you need to get a family lawyer. In case the other parent has changed their mind about joint custody then you need to get a lawyer. Below are some scenarios that indicate the case has become complicated

  • When one parent alters the custody granted at the court
  • If you suspect the parent will convince the judge you are not a fit parent

Make sure that you get the top-rated family lawyer to take up your case if you suspect the circumstances have changed and they are likely to become more complicated.

  • You live in a Different State or country

If you live in a different state or country from the other parent, then you need to consider taking getting a lawyer to represent you. The lawyer understands the laws affecting your case, especially in an inter-jurisdictional case.

  • Your Children are in Danger

If you suspect that your children, then you need to contact a family lawyer immediately and share your concerns. You can get a restraining order immediately to secure your children. Share with the lawyer all the information pertaining to the safety of your children. Make sure that the information you provide the lawyer with is factual.

  • The other Parent is making it Hard to see the children

In case the other parent is limiting your contact with the children then you should get a child support lawyer. If you have joint custody and the other parent is canceling visits, denying visits or limit the visitation times then consult your divorce lawyer on what you should do.

  • You are Required to Participate in Parental or Treatment Classes

If the court asks you to take classes such as anger management, parental classes, alcohol treatment classes that put you at disadvantage in the child custody case. In such a situation it’s best to work with the child custody lawyer to represent you during the child custody hearing. There are however exceptions if its normal child custody proceedings in your state. Its common in some states the judge will require you to take parenting classes as standard procedure before the decision on child custody is made.

  • The circumstances in the Custody Change Significantly

If the circumstances of your case have changed then you will need to hire a child support lawyer. In case you are remarrying, or relocating its best to consult the family lawyer on the way forward. Inform the lawyer of the changes happening in your life and get advice on the way forward.

Before you Hire a custody Lawyer

  • Evaluate your financial resources

Make sure that you can afford the lawyer you are hiring. It’s important to ensure that you have the financial resources needed for the case. Ask the lawyer to give you a quotation of the expected cost before the case begins.

  • The complexity of the case

If you are facing a complex, then it’s imperative that you work with the best divorce lawyer. Interstate children custody cases are very complex, and you need to work with the best child support lawyer.

  • Consider the Reputation of the lawyer

Before you hire the lawyer make sure you check reviews. You can ask for referrals from friends and family.

It’s important to realize when it’s time to hire a lawyer. If your child custody arrangement is becoming difficult then you need to get a family lawyer to advise you on the way forward. Make sure that you work with the best to win the case.

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How Living Conditions Impact Child Custody

The living condition of the parents plays a key role in custody decisions. The judge will award custody and visitation based on the living conditions of the parent. The acceptable standard will depend on the current living standards of the child. The judge will consider several factors when deciding on the custody of the child. It’s important to ensure that you work with the best family lawyer for the best outcome. In this article, we tell you how the living conditions will affect the child custody case.

Factors that Judge Will Consider when Granting custody

  • Age and Gender of the Child

The judge expects that a child will get privacy especially if the child is of the opposite sex. If the noncustodial parent is of the opposite sex, the judge will expect the parent to provide the child with a bedroom or a private place where they can dress. An older child will need more space than a younger, and it’s important to ensure that you provide the space. The parent with enough accommodation has a higher chance of winning the case. If however, you don’t have a huge house make sure the family lawyer can explain to the judge your unique position.

  • Number of Children

The judge will consider the number of children when determining the most appropriate parent to live with the kids. If you have many children, the judge will expect that you have more space where the children can live and if you don’t have enough space to accommodate all the children then the case may go the other way. It’s important you work with a family lawyer who is an expert in child custody. The judge will also consider whether the children are from the same parents and the living arrangement with the other parents.

  • The circumstance of the Parent

The judge will consider the age of the parent and their financial ability. It’s important to do the best to portray a good image. Make sure that you provide the child support lawyer with all the documentation to show your financial ability.

  • Child Adjusting Ability

If a child is used to large spaces, the child may find it difficult to live in small spaces and may take a long time to adjust to the new living environment. The judge will consider how the child will be affected by such a move before making a decision.

The judge will also consider the child’s happiness while making the judgment.

  • Safety of the Child

Before deciding on where the child will live the judge will ensure that the child is safe. If the judge feels the child is not safe at home or in the neighbor, then that will result in custody being awarded to the other parent. The judge may also limit the visiting hours if the safety of the child is not guaranteed. Make sure that where you live safety statistics are not horrific. The rate of crime in an area will affect the custody decision.

  • The Parents Relationship with Children

The judge will look out for the interest of the children. If you don’t relate well with the children that may result in the other parent winning the custody case. It’s important to ensure that you have a working relationship with the children. Make sure that your children are comfortable living with you.

  • Distance from social amenities

If your house is far from the school where the kids attend school, then that may result in child custody going to the other parent. In case the other parent lives near the school the judge will consider the welfare of the children. It will be tiring for the children to travel miles to and from school each day. The judge will take into consideration the distance the children will cover daily.

The consideration the judge will make will depend on the above, and it’s imperative to ensure that the living conditions are up to the expected standard. Do your best to ensure that the children will be comfortable in your home. Work with the child support lawyer on how to ensure the living environment is comfortable for your children. The lawyer will guide you on what you should expect during the child custody case and ensure that you win the case.

 

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Do’s and Don’ts of Winning a Child Custody Case

A child custody battle is difficult, and you need to work with the best family lawyer. It’s imperative that you ensure that you understand all the intricacies of the case. Make sure that you research and work with the best divorce lawyer to ensure the best outcome for your children. In this article, we look at do’s and don’ts that you should follow during the child custody battle.

How to Present Yourself for Winning Custody

The below tips will help you be your best during the child custody case and ensure that you win the case you are presenting. During the case, the judge will look out for the best interest of the children. Below do’s and don’ts of winning child custody.

  • Do’s to Help You Win the Child Custody

Do Show a willingness to work with the other parent

Your attitude during the case may determine the direction the child custody takes, and it’s therefore imperative you show a willingness to work with the other parent. Make sure you collaborate and show your willingness to work together for the best interest of the children.

Do Exercise your Parental rights

It’s important to ensure that you exercise your parental rights. If you have visitation rights makes sure that you show your devotion and commitment by following the visitation schedule as ordered. Spend as much time with your children and make sure you understand all the aspects of their lives.

Do Request an in-house Custody evaluation

An in-house custody evaluation is important if you think that the other parent will try and cast shadows on how you are raising the children. The evaluation will help clear any issues. The child support lawyer will help you request the child custody evaluation.

Do Create the Right Perception

If the court has the wrong perception about you, it may hard to win the custody battle. It’s imperative that you ensure that you give all the details to the family lawyer that can help clear a negative perception. Do you everything you can to ensure there is no wrong perception and if there is a wrong perception work towards clearing it.

Do Learn about Family Law

It’s important that you understand the law. You may not understand everything but make sure you grasp the concept. Work with the divorce lawyer and understand how the law works. That will make it easier to win the child custody, and you know what to expect

Do Prepare all the Documentation required

Ensure that your child support lawyer has received all the documentation they need. If you believe that your children will not be safe with the other parent, make sure that you can substantiate the claims. Give the documentation to show all the concerns you have raised. If there is a history of child abuse, make sure that you can show cause. Give all the documentation your family lawyer will require to win the case.

Do Work with a family Lawyer who has high levels of Expertise and Experience

Before you choose the child, support lawyer makes sure that you choose the best. The best lawyer will help you will help you navigate the legal nuances without missing out on an important issue. Establish the family lawyer you choose has the expertise and experience to handle the case.

  • Don’ts during the Child Custody Case

Avoid telling the kids negative stories about the other parent

Telling the kids about the negatives of the other parent will not shade the other parent but will also give a bad impression about you. If you have to discuss anything negative, don’t do it in front of the children.

Don’t be late during the Visitation

Make sure that you keep time during visitations. Arriving late for a visit will give a negative impression and its therefore important that you keep time.

Don’t Reschedule Dates with the kids

If you keep rescheduling the dates with the kids will create a wrong impression and show your lack of commitment. Make sure that you see the kids as planned without failing

Don’t Abuse Alcohol or Drugs

Abusing drugs especially in front of the kids means that you are an unfit parent and that could put the children at risk. Make sure that you are free of the above vice for the wellbeing of your child.

Don’t Involve the Children in the Court Case

If your kids are young, it’s best to leave them out of the child custody case. Don’t place the burden of adult issues on their shoulders. Sort the case without involving the children

Avoid any Negative Stories

Avoid inventing negative stories in a bid to win the child custody case. Lies you use may come back to haunt you

Choose the best child support lawyer and ensure that you follow the guidelines given by the lawyer. Follow the above tips and make your custody battle easier.

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The Difference Between a Legal Separation and Divorce

A divorce and a legal separation are both ways provided by the court to keep you and your spouse separate. A legal separation enables you to live separately with your spouse but doesn’t end the marriage unlike in a divorce. During the legal separation responsibilities and the rights of each partner is clearly outlined. If you opt for a legal separation, it’s best that consult the family lawyer on how to go about it.

What is the Difference Between a Divorce and Legal Separation

The basic difference between a divorce and separation is that a divorce signifies the end of marriage while a legal separation doesn’t mean it’s the end.

Legal Separation

All the issues that may arise during a divorce will also come up during a separation. If there are children involved the court decides on the who has custody and the support plan. Issues such as division of assets, debts, spouse support, visitation schedule, and children custody are addressed.

A legal separation will help you deal with the situation before the divorce is finalized. The legal separation will help protect your interest until the divorce is decided. It’s important that you ensure you work with a high asset divorce lawyer during the legal separation to ensure that you are well taken care of before the divorce proceedings come up.

What Happens during Divorce after a Legal Separation

When a divorce happens after separation, the judge assumes that both parties are satisfied with the agreements made during the separation and they are carried over to the divorce. You need to work with the best divorce lawyer during the legal separation to ensure that all your needs are catered.

If you feel the terms of the legal separation are not workable then your divorce lawyer will need to petition the court to come up with a new agreement. The legal separation will help you know what works and what doesn’t work.

Advantages of Legal Separation

Both the divorce and legal separation have a lot in common. Below are the advantages of a legal separation

  • Gives couples time apart to make a final decision apart

It gives the couples time apart to decide whether they want a divorce. A legal separation will ensure that you have time to cool and think about what you want. During the separation, you can decide to go for counseling to avert the divorce.

  • Benefit Retention

During the legal separation, you still have access to the medical benefits and other benefits that would end if the divorce happened. If you don’t have a source of income or you are financially unstable legal separation is the best option. The separation period gives you time to work on your finances before the divorce can happen. If your spouse is in the military, a legal separation will enable you to enjoy the benefits.

  • Preserve your religious beliefs

If you believe doesn’t allow you to divorce you can maintain your marriage but live in separate places with your spouse.

  • Makes the divorce process easy

A legal separation is converted into a divorce, and that makes the process easier. That will save both parties time and money

How to File for a Legal Separation

A legal separation is as binding as divorce, and it’s therefore important to work with the best divorce lawyer. If you are in the military work with the best military divorce lawyer to ensure the best.

The agreements made during the legal separation may set precedence during the divorce, and it’s important to understand the agreements made. Make sure that everything in the legal separation works for you

Visit the divorce lawyer, and they will advise on residency requirement that you need to fulfill

The high rated divorce lawyer will draft the petition, and it’s important that you understand all the aspects.

After the agreement is ready, then your lawyer will file the legal separation. Make sure that all aspects are covered. You will need to serve your spouse with the legal separation petition.

If your partner disagrees with the petition, they will counter the petition.

Once both sides agree with on petition make sure you keep a copy. The judge will review the petition and agrees to the petition. You can live separately

A legal separation gives both partners time to rethink the decision you are making. It’s best to work with the high asset divorce lawyer to get the best out of the legal separation.

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What Happens after Filing for a Divorce?

A divorce begins when one party through the divorce lawyer files a petition. The petition is filed by one spouse in the state they reside and include crucial information about the marriage. The divorce process can be tiresome and its therefore important that you have all the facts to make the process fast and manageable. It’s important that you speak to the best divorce lawyer before you file the petition and seek to understand the process. In this article, we tell you can expect after you file for a divorce.

What Happens After Filing for Divorce

  • Serving the other Spouse

Once you have decided to divorce your partner, the law requires that you serve your partner with the divorce papers. The divorce lawyer is required to serve the papers in good time. You need to ensure that the papers have been serviced in a way that can be verified because the court will require that the respondent acknowledges receipt of divorce papers. After the petition is served, the respondent is given time to respond, which is mostly 30 days.

  • Answering the Petition

On receipt of the divorce, the respondent is required to answer to the demands and provide all the answers for any questions asked. At this point, the respondent may also issue their demand. If the respondent does not answer the petition the court assumes to they agree with all the terms and the judge will issue a ruling in your favor. It’s best to work with the top rated divorce lawyer for the best outcome.

  • Discovery

Discovery involves an exchange of information between you and your spouse concerning the divorce. The divorce lawyer will confirm all the information provided and see if there are any inconsistencies. During discovery, all the issue come out including habits such as gambling, promiscuity and any money stashed away.

  • Negotiations

During the negotiation, you will sit down with your spouse and the divorce lawyers and try to work on the issues raised. If you both agreed on the issues raised an agreement is drawn. The agreement is then presented to the judge for approval and because both parties have agreed the judge will accept the agreement. In case you and your spouse don’t agree then you go to court. Make sure that the high asset divorce lawyer has all the information required to win the divorce during the trial.

  • Trial

During the trial, the couple will go through cross-examination, and the divorce lawyer can invite witnesses. The high asset divorce lawyer will also present documents to support your case. The judge is expected to give a ruling on the divorce and how the assets will be shared

  • Uncontested Divorce

If both parties agree on the terms set out in a petition, then divorce is known as uncontested. An uncontested divorce is easy, cheap and saves you time and anguish. The military divorce lawyer will file the settlement agreement, and the divorce is granted.

The above steps give a guideline on how a divorce process begins and ends. Make sure you have the best lawyer y your side.

Advantages of Filing for Divorce Before your spouse

Unexpected divorce filing from your spouse can be shocking and cause a lot of anguish. In this section, we look at the advantages of filing for divorce before your spouse does.

  • You can get legal representation in good time.

Being the first to file for divorce gives you an undue advantage over your spouse. You have time to consult the best divorce lawyers on the best way to tackle your divorce. You can get and work with top rated divorce lawyers

  • You have time to gather all the documentation

Being the first to file for divorce gives you time to get all the documentation. You have time to follow up on bank statements, tax returns, insurance policies, and retirement benefits.

  • You can gather enough funds

Once you begin thinking about the divorce process, you have time to ensure that you get enough funds for the process. It’s important to have enough money to hire the best divorce lawyers. If you don’t have a credit card, you may need to get one.

  • You have time for research

Being the first one to file for divorce gives you time to research on all the issues as may be requested by the divorce lawyer. You have ample time to verify all the documents before serving the petition documents.

It’s crucial that you understand the divorce process. Make sure that you work with the high asset divorce lawyer and provide all the documents that may be required for a successful process.

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How is Child Support Determined?

Filling for child support is a crucial process, and it’s important that you work with the best child support lawyer. In this article, we look at how the child support you receive is determined and what you should do to ensure that you get the best for your children. It’s imperative that you work with the best family lawyers for the best outcome. Each state has a guideline on how child support should be determined, and it’s important to work with the best divorce lawyer and understand what you need to do.

What is Child Support?

Child support is the financial obligation you give to support your children. If you don’t live with your children, you provide the financial support to the custodial parent, and it’s paid until your children become grownups. If you have a special child, you will need to pay child support past childhood. Child support may be terminated if the two parents agree there is no need for child support.

How is Child Support Determined?

  • Income

The judge will take into consideration the income of both parents and determine what the parent should contribute. Work with a divorce lawyer and provide all the information required to ensure a fair child support determination. The more a parent earns, the more the parent is required to pay child support.

  • Deduction on the Parents’ income

The judge will consider whether the parent is already paying support or alimony from a previous divorce. The deduction on the parent’s income must have been sanctioned by the court for them to count as deductions

  • Child Expenses

The judge will consider the amount the child requires and make the deductions. If you are the custodial parent, make sure that you have detailed all the expenses to ensure that you get a fair share. The judge will consider the cost of living in the city you live, and if you live in a high-cost area, the non-custodial parent will be required to pay more. Provide the family lawyer with much details as possible to make the hearing successful and easier.

  • Health Expenses

The child support order will determine who pays for healthcare. The judge will increase support to cater to healthcare. In case your child has special needs, additional support may be required and it’s important to consider all the healthcare expenses needed.

  • Shared Custody and Visitation

The amount of time the children spend with each parent also determines child support. The more time they spend with the custodial parent, the more the non-custodial parent is required to pay. In the case of sole custody, the non-custodial parent will be required to pay more. In shared custody, the judge will consider other factors to determine the support

Additional Factors that Determine Child Support Allocation

  • Quality of Life, the children, were living before the split

The court will look at the quality of life before the parents divorced. The judge will ensure that the child’s standard of living is maintained.

  • Income and financial resources available for the custodial parent

The judge will also consider the resources available for the custodial parent. If the custodial parent has enough resources, the non-custodial parent may not have to pay a lot of money

Can you Change the child support Payments?

It will take legal action to change the child support payment. Several reasons may necessitate a modification of the child support payment. If you are the custodial parent and you require the change speak to the child support lawyer on the change. Below are some reasons that may require child support modification

  • If the amount of time the child spends with a parent increase
  • Job lose, and unemployment may cause reduced child support
  • In case of an emergency or short-term financial issue
How long does the child support order last?

You are required to pay child support until;

  • The children are no longer minors, and they don’t have special needs
  • The right to pay child support is terminated through a legal process such as adoption
  • If the children are declared self-supporting by the court if they can support themselves before they are of age
  • If the child joins a military
What Happens if Child Support is not paid?

The court will set the time for payment of child support and the schedule, failure to follow results in the below

  • Suspension of business license
  • Property being seized
  • Arrest and jail time
  • Interception of funds such as tax refunds
  • The state will send recovering agents to follow up on the child support

If you are unable to pay child support, make sure you inform your lawyer as soon as possible.

As a non-custodial parent paying the support, don’t fail to pay the child support in case of arising child support disagreements. If you have any disagreements talk to the divorce lawyer and ensure they are sorted. Failing to pay the support due to disagreement will lead to you to trouble.

Both parents have a financial duty towards their children and if you need child support work with the family lawyer to ensure that your children get the support they require. Keep a record of all the payments made and ensure the agreement is enforced.

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Tips to Help You Win Child Custody Case

Court appearances during child custody can be overwhelming. It’s therefore imperative that you are well prepared for all the court sessions. It’s crucial that you work with a child Support lawyer Fairfax to ensure that you win the case. Make sure that you present all the important documentation concerning the case. In this article, we give you tips on how to ensure you win the custody case.

Factors that Determine Child Custody

  • The strength of the parent-child relationship

The judge will award custody to the parent who has a strong bond with the children.

  • Needs of the Children and how well they can be catered

The decision made will be in the best interest of the children, both emotional and development needs.

  • Age and Health of the parent and child

The judge will grant custody to the healthy parent.

  • Stability

The parent who is more stable is likely to win the custody of the child.

  • The child’s connection to the current community

The judge will consider how connected the child is to the people around and may award custody based on that.

  • The parent’s ability and willingness to care and cater for the children.
  • Whether the parents are willing to co-parent
  • Evidence of mistreatment, child abuse or domestic violence

Tips to Follow During Custody Preparation

Below tips will guide you on how to win a custody battle

  • It’s important to ensure that you are well prepared for the custody proceeding. Make sure the family lawyers have all the details that are required. Dress properly and have all the necessary documentation with you.
  • Make sure you hand in all the important to the divorce lawyer in good time. That will ensure that the lawyer prepares adequately and has his arguments ready in good time.
  • Make sure you follow the proceeding keenly and have answers ready. Be ready for the question and ensure that you have answers. If you live in a small house make sure that you have room for the children. Make arrangements before the court appearances.
  • You can bring people who can support your clams to the child support lawyer. The teacher and the child caretaker will help collaborate your story.
  • Dress appropriately because that will show you are responsible
  • Be respectful to the other parent. Being disrespectful may lead the judge to give custody to the other parent.
  • Make sure that you have a plan. A judge will award custody to the parent who has a plan on how to take care of the children. Make sure you can answer questions on the child education, living arrangement, and school activities without hesitation.
  • Avoid twisting facts in the hope of winning the custody case. Don’t tell the children anything negative concerning the other parent.

What to Expect During Custody Hearing

  • Expect a few people

Unlike other court cases, child custody cases will have fewer people. During the proceeding, there will be fewer people in the courtroom.

  • Limited time frame

Custody cases are allocated a limited time frame. The judges and custody adjudicators hear a lot of cases and that means that each custody case is allocated a given time. Make sure that you keep time during the sessions and be prepared properly because you don’t have much time. It’s therefore critical to ensure you provide the family lawyer with all the information to ensure the case is successful.

  • Multiple Testimonials

During the child custody case, the child, parents, and witnesses may be asked to speak. They may be asked questions on how they relate with the parents. It’s therefore important to ensure that have the best witness on your side. The judge will form an opinion based on such witness on the best person to take care of the children.

  • Immediate Decision

After both sides have been heard the judge will give the decision that suits the children. The judge’s decision will include the below;

  • Which parent has been granted custody
  • Visitation schedule which will indicate when the noncustodial parent should visit.

It’s important to ensure that you work with the best child support lawyer to ensure that you win the custody case. Prepare all the documentation as requested by the family lawyer and ensure that you follow the proceeding keenly. Follow the instructions and request given and avoid missing important dates.

 

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What are the Various Types of Child Custody?

After a divorce process, you will need to decide the child custody and it’s important that you work with the best lawyer. Divorce is a traumatizing experience and its imperative that you work with the best divorce lawyers because they will advise you and ensure your case is successful. Once the divorce process is complete then child custody begins, and a good divorce lawyer will be able to guide you on the way forward. It’s important to work with an organization that has divorce and child support lawyers and that will make the whole process easier.

A child custody battle is extremely important and it’s paramount that you understand the whole process. In this article, we look at the various types of child custody. It’s best to consult the family lawyers on the one that suits you best. Make sure that the choice you make is in the best interest of the child.

Types of Child Custody

There are different kinds of child custody and in this section, we review the types and what suits your situation. It’s best to consult the child support lawyer on the best kind of custody for your children to ensure that the interest of your children is well taken care of.

  • Legal Custody

Legal custody gives the parent the right and the obligation to make a decision about the child on issues such as healthcare, religion residency and what school they attend. In most cases, the judge will grant joint legal custody that allows both parents to make a decision concerning their children. Below are the legal custody options

Sole legal custody

This will give the parent with custody the legal authority to make the decision concerning the child. The parent has the right to make decisions such as where the child will study, healthcare and the religion the child will follow

Joint legal custody

Both parents are given the legal authority to make decisions about the child.

Advantages of Legal Custody

  • When the judge rules on joint legal custody it gives the parent the right to make decisions about the child

Disadvantages

  • With joint legal custody conflicts may arise which in turn affects the children. The conflicts can also lead to court cases and that increase the expense.
  • With sole legal custody, one parent may be denied the right to get involved in the child’s life

 

  • Physical Custody

When the judge grants you physical custody you live with the child while the other parent is given visitation rights. The judge may give joint physical custody giving each parent equal time with the child. Joint physical custody gives the children the right to spend time with both parents and that will ensure the child benefits from both parents

Advantages

  • It gives each parent time to spend with the children. Both parents are able to participate in the lives of their children

Disadvantages

  • When granted physical child custody the parents have to live close to each other to make the arrangement work.
  • It may result in conflict and that could lead to court cases which could affect the children.

 

  • Sole Custody

In this custody, one parent has sole custody of the child. The parent will have sole legal custody or sole physical custody of the child. This king of custody is rare and most of the courts award joint custody to enable the parents to take an active role in the child’s life. Its critical that you talk to the child support lawyer to ensure that the kind of custody you choose fits your situation and gives the children the right to both parents if they are fit to bring up the children.

Advantages

  • It doesn’t lead to the disruption of the child’s life

Disadvantage

  • One parent loses connection with the children and that may lead to huge differences between the parents.

 

  • Joint Custody

In joint custody, both parents are granted the right to the children. The parents share the decision-making responsibilities and they have to ensure that the arrangement is working. The judge may award joint legal custody or joint physical custody

Advantages

  • It gives the children the assurance that both parents will be in their life

Disadvantages

  • If one parent doesn’t cooperate it could be devastating to the children.
  • The children have to move around a lot and that could affect them

 

  • Birds Nest Custody

The children remain in the family home and the parents take turns to move in and out.

Advantages

  • It gives children some form of stability because they don’t have to move around

Disadvantages

  • Its expensive for parents and only works if the parents can afford it

Child custody can be confusing and it’s therefore important that you work with the best child support lawyer to ensure the kind of custody you choose suits you and your children.

 

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Questions a Judge Will Ask During A Child Custody Hearing

A child custody battle can be nerve-wracking and stressing, and it’s important to ensure that you are well prepared. The judge will ask questions to determine the kind of custody that is best for your children. Whether its sole custody or joint custody the judge will ensure that the interest of the children is taken into consideration. The judge will ask both parents questions to gauge who is best suited for child custody. It’s therefore imperative that you work with the best child support lawyers who will guide you on how best to answer the questions. Make sure that you answer the questions correctly and accurately because that will determine who is given the custody of the children. Ensure that you have all the necessary documents that you may need to refer to during the proceedings.

Questions the Judge Will Ask During a Child Custody Hearing

  • What is your Financial Status?

The parent who is granted should be capable of taking care of the children, and the judge will ask questions to establish your financial capability. Make sure that you can prove the financial resources that you have. The judge will need to ensure that you have the resources to provide shelter, food, and clothing to the children. Ensure that you have the documents that you have the support documents to show that have the financial capability. It’s important to have documentation for any debt you may have or any other financial obligation that you have such as other children you are supporting. Child custody is a crucial decision and its imperative that you have the right information. Work with the best divorce lawyer and ensure that you have all the documents and information required.

  • What Kind of custody do you Want for your Children?

There are different kinds of child custody for as below

Legal custody

The parent is given the right to make any decision concerning the child. The parent can make all decision concerning education, health care, and religion without asking the other partner.

Physical custody

The child lives with one of the parents, and the other parent is given visitation rights. When the parents spend an equal amount of time with the children that are said to be joint physical custody. Joint physical custody is one of the most common types of custody.

Sole custody

In this kind of custody, the parent with noncustodial rights is given a chance to play a large role in the child’s life. The custody is either sole custody or sole physical custody. The noncustodial parent is given enough time to spend with the children

Joint Custody

The custody of the children is awarded to both parents and it can either be joint custody or joint physical custody.

It’s important that you understand the different kinds of custody and ensure that you choose one that works for you and your children. In most cases, joint custody is awarded as it serves the interest of the children. When joint custody is awarded, it enables the children to maintain a bond with both children. Consult the family lawyer and choose the type of custody that best suits you and your children.

  • How is the relationship and Communication with the other Parent?

A judge will want what is best for the children, and most prefer to award custody to both parents because that will serve the interest of the children. To assess how the parents, relate the judge will ask how you and the other parent communicate and how often it happens. If joint custody is awarded the parents will be required to communicate often and it’s important to ensure they can communicate effectively. It’s therefore important that you foster a relationship with the other parent to ensure that the judge awards custody that is fair to both parents. The judge wants to ensure that both parents will take their responsibility seriously and one way of ensuring that is done is by communicating effectively. Its therefore important that you work with the best family lawyer and they will advise you on how best to prepare for a custody hearing 

  • Do you have another formal or informal Custody Arrangement?

It’s important to give information about any other custody arrangement that you may have whether formal or informal. Make sure you have all the details about the custody because the judge may want to know details about it. The judge may inquire about which part of the custody arrangement is not working. The judge will not want to interfere with any previous arrangement, and it’s therefore important that you give such details.

The key to winning a custody battle is proper preparation. You need to ensure that you have all the details that you may require for the custody. Make sure that you work closely with the family lawyers and the divorce lawyers to get the best for your children.

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