Child Custody & Abandonment
In child custody & abandonment situations (and child support too) biological parents can have their rights terminated by court. Even though the right to being a parent in the USA is a fundamental one , pursuant to the Fourteenth Amendment, states have the power to infringe on those rights. Of course Due Process, also afforded […]
“Good” and “Not so Good” Co-parenting is Still Coparenting
Co-parenting can go as smoothly as the parties allow it to. It doesn’t have to be complicated or have a lot of conflict. However, it does not mean that when parties disagree on issues that it is unsuccessful. Co-parenting simply means that parents communicate effectively and collaborate on important decisions regarding their child(ren). Disagreements, confusion, […]
Best Interests of the Child Custody Each State
Each state has some sort of guidelines when it comes to deciding the best interests of the child custody. The best interests of the child is the standard courts use to determine custody & visitation. Even though these standards follow basic principles across all states, the factors used to make this determination varies from state […]
Guardian ad Litem vs. Judge In-Camera Contested Custody
Contested custody cases requires the use of “unconventional” methods with respect to gathering facts to help it made rulings. The parties to the custody action can appear pro se, where they speak for themselves, or by their family lawyers. But children’s interests must also be given considerable consideration with respect to custody and visitation. This […]
Step or Blended Family in Family Law
A step or blended family is a family that consists of parents and children who are not biologically related, the parents are remarried or cohabitating with someone other than the biological parent. Blended families make up almost half of all families in the US, according to Stepfamily.org. That means that a large amount of children are being […]
Child Custody & Out of Marriage Children
I recently suggested to a group member that she refrain from referring to her child as property in case of child custody. Her post had a part where she said “keep my child all to myself. She was asking for advice on whether she should let the Dad sign the birth certificate when their child […]
What You Say in Family Court Matters
What You Say in Family Court Matters? Nowadays there is hardly any distinct lines between what is acceptable language in the courtroom and what is not. Judges are learning slang or urban terms, lawyers speak in colloquialisms and litigants say whatever comes to mind. However, the terminology you use can make a difference in how […]
Pro Se Divorce or Pro Se Child Custody?
Pro Se Divorce or Pro Se Child Custody – Which is better? Attorneys, judges, legal personnel all think pro se divorce or pro se child custody litigants are insane. Even with Uncontested Divorce, they believe that taking the risk of botching the child custody or child support terms is too high. For those of you […]
Will the Court Award Sole Custody
Child Custody Will the Court Award Sole Custody In today’s world, there is a lot of confusion about the different forms of custody. We have all heard of the joint custody, some custody and full custody. However, what many are not aware of is that there are two major basis for any custody, that is […]
Using Discovery in Divorce and Child Custody
What is Discovery in divorce and child custody? Discovery in divorce and child custody matter is the legal process where pertinent information, relevant items and material facts are exchanged between opposing parties upon request. Discovery is used in litigated cases of any type. It applies to civil, criminal and family law cases, just to name […]