May 17, 2012

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Dealing With Custody Battles – How To Get Full Custody Of Your Child

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If you are trying to determine how to get full custody of your child, it is highly unlikely that it will go ‘smoothly’. You are going to be met with much opposition from the other parent, and you will probably find yourself fighting in what seems to be a never ending string of custody battles.

When you find yourself in this situation, there are a few things that will help your cause. First off, don’t every fly off the handle about anything. It is very probable that you will face accusations and criticisms that are either not true, or highly over-exaggerated. If you do, you need to keep your cool. Be concerned, but don’t lose your temper. If you are persistent, you will have a much better chance of being vindicated. Then, the problem lies in the court of the accusing person. They will be forced to validate what they’ve done, and in many cases, they will only dig themselves further into a hole.

Another very helpful thing to do during a custody battle is to keep good notes. You are going to be questioned about all of the things that have happened, and you will need to bring up exact dates and the events that transpired on those dates. You will not be able to do this from memory effectively. Keep a small notepad on hand at all times that you can simply mark down the events on. This will be a lifesaver for when you end up in court. Write down anything out of the ordinary that you observe, anything the other parent says or does that is out of character or invasive, and mark down anything the children mention to you.

If you manage to do these few simple things, you will stand a much better chance at winning your case. Of course, this isn’t everything you need to do, but it will be highly beneficial for you.

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Child Custody – A Regrettable Battle

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Starting a family is one of the most important things you will ever do in life. Unfortunately there is no guarantee that the relationship aspect of that family will last forever. If you have children and you find yourself in the regrettable situation of either divorce or separation it is important not to lose sight of the fact that any decisions you make will have a profound impact upon your children’s lives. Whether the separation is friendly or not the issue of custody must be dealt with.

Custody – Understanding the Terminology

During any custody disputes it is important that you understand the different terminology which will be used. Physical custody gives the parent the right to have the child live with them on a daily basis, and involves making all day-to-day decisions such as what is for dinner, what is bedtime. Legal Custody on the other hand grants the parent the right to make significant decisions regarding the long-term welfare of the child such as schooling. Custody can be granted to either parent or can be granted to both jointly. Within a joint custody arrangement the parents can then establish what is known as a parenting plan. This may involve a one-week rotation between parents or indeed a timetable based around school holidays. The larger decisions regarding welfare are then made jointly. In situations where one parent has sole physical custody the other parent will normally be granted visitation rights. Once custody has been resolved then issues such as child support must be decided upon.

Resolving issues of Child Custody: Mediation

The process of deciding custody can vary depending on the ability of the parents to reach agreement. At all times the best interests of the child must be considered as paramount. Therefore if custody can be resolved through mediation rather than litigation this is to be considered more favorable for the interests of the child. In mediation both parents, and sometimes the children, will meet with a court appointed and trained mediator. The mediator will then talk through all of the issues with the parents and attempt to bring them to some kind of an agreement. If the custody dispute is part of divorce, especially a bitter divorce, it is sometimes hard to separate the two. However in this case the children will suffer. Parents are choosing to end their relationship with each other and sometimes children can be used as pawns in this. In such cases often mediation will fail and it will be forced into the court system.

Custody Litigation

When mediation has failed the matter will then be brought before the court. The court may, at its discretion, order an investigation to be carried out by social workers to establish the best interests of the child. A report of this investigation, with recommendations, will then be submitted to the court.

If the court feels it is in the best interests of the child it may also appoint a guardian ad litem to represent the child. This is a lawyer who acts on behalf of the child, in a guardianship role, throughout the court process.
If, following the report being presented to the court, both parents are still unable to reach agreement the court will request arguments from both sides. At this stage the matter is no longer in the control of the parents but is now up to the judge to decide.

At the hearing children may sometimes be called as witnesses. This is not always in the best interests of the child as having to choose between parents is a very traumatic experience for a child. While courts may choose to interview the children in order to establish their wishes a decision will not be made on this interview alone. At all stages the lawyer, as an officer of the court, must act in the best interests of the child even if this is in conflict with the wishes of the parent the lawyer is representing. Therefore you will not be able to force your lawyer into calling your child as a witness.

Child Support

After resolving the issue of custody the court will then address the issue of child support. How much is paid, and by whom, will depend on individual state laws and also the income of both parents and the custody agreement that has been reached. These variables will then be put into a formula and a suitable amount decided upon.

The break-up of a relationship is not a good time for anyone. However it is still possible that the best interests of the child can be protected providing they are factored into the entire process. If you are involved in a custody dispute always remember that how you behave will ultimately impact upon the welfare of your children.

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Using A Domestic Violence Attorney

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Millions of women each year are the victim of domestic violence, what is difficult to come to terms with is the fact that each year thousands of these women are dying from their injuries obtained during the domestic abuse. There are many support groups who can offer refuge and help in these terrible times and the support of your family and friends has a huge advantage to moving through this situation and on with a better life. Legal support from a domestic violence attorney should certainly be taken, it can take a lot of courage to make that step but it is the only right way to work towards holding that person accountable for their actions in the eyes of the law. In court, these attorneys face assault lawyers who may be are a lot experienced and knowledgeable so it is important to choose a good domestic violence attorney.

Your first priority in any domestic violence situation is to get out and get safe. If there are children involved never leave them with the accused. Phone the police and report the incident and seek immediate refuge with a friend or family member. Visit a doctor for a full examination to check for underlying injuries. Domestic violence is a crime and should be punished as such. There is simply no excuse for it.

Someone who knows the domestic violence laws inside out is a domestic violence attorney. Once you are safe and have spoken with the police and close friends and family, make your next call to them. If you don’t know where to go or what to do next, they can offer you solutions and advice. Their past experience means they have seen women in your situation before and they know the best avenues to take to get the best help and to achieve justice and press battery and/or assault charges if necessary. Call an assault lawyer to find out what the next steps are to take in regards to this.

Your attorney will be able to arrange a restraining order or something similar that prevents the accused coming within a certain distance of you or any children affected. Breaching this order is also a crime and as such you should contact the police for assistance if that happens. This should allow you to live safely in your own home until a more permanent arrangement is made.

Your next step is to discuss with your attorney what outcome you want to see in this situation. Do you wish to reach a monetary settlement? Do you wish to pursue criminal charges? Do you wish for the accused to be sentenced to mandatory counseling or therapy? Do you wish to have a permanent restraining order put in place? Your attorney will be able to give advice on the best decision based on your individual situation. Once you’ve decided your attorney can work towards making it happen while you work on moving past this physical and mental abuse.

Without having a domestic violence attorney working for you there is unfortunately little chance that you’ll reach your desired outcome. They have the skills and strength you need at this time. Legal experts in this field believe so strongly in justice they will be able to keep you focused on the facts not the emotions of the situation. Without taking this courageous step you are unconsciously telling that person that this behavior is okay and you’ll let it continue. Apologies and promises do not rid of us domestic violence, but action can.

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