July 19th, 2009 at 09:01am
Under Divorce Law
If you are going through the trauma of divorce then it is the best to know the rules. Read on as we tell you some facts about divorce…
Child support is an important issue in a divorce case. The laws across the various states of USA are more or less uniform on this. There are various child support programs and funding by the state. Most follow the Family Support Act of 1988 to the core. The main motto of this law is that the interest of the child will prevail over all other’s interest. Payment for child support is calculated on the basic of three formulas. The first is Income Shares. This is the most used formula where an estimate of the total amount required for raising a child properly is calculated. Then the both the parents income is calculated and a certain percentage is fixed for the child fund. The second method is called Percentage of Obligor Income. This is based on the non custodian’s income. The third method is known as Delaware-Melson method. This allows the clause of ability to pay in the process. Some states like Massachusetts use a hybrid of all these methods. The main purpose of all these laws is to make sure that the child receives the best education and lifestyle. .
The rate of divorce has increases manifold over the years. Most educated couples believe that it is better to have divorce than a broken marriage. A divorce is always a very difficult and serious decision for any couple. Irrespective of the time that they have spent in matrimony, divorce can be tough proposition. Not only does it tax the concerned parties mentally and economically but there are other important issues like child custody, property share and alimony to be settled.
Divorce Recovery Suite is a private organization which provide all the information and help that a couple requires prior to divorce and after it. Their comprehensive site includes divorce laws, child support and custody, legal separations, child visitation rights, divorce settlements, grounds for divorce, separation agreements, definitions of adultery, recovery from divorce, child welfare after divorce and a chat room that provides a passionate help to all the couples who are undergoing this uncomfortable process.
The visitors to the site can also get hold of state specific divorce laws and regulations, simple interpretation of the complex laws, live chat and video room where people can share their experiences and problems. Visitors are encourages to listen to others problems and provide solutions to those problems. You also get assess to a country wide list of divorce and separation attorneys, counselors, physical and spiritual healing methods, father’s and grandparents’ rights and solutions to issues of parental alienation. They have regular updated information on the site.
Alimony issues also play an important role during a divorce. This refers to the amount that is paid by one ex-spouse to the other. Some also call this maintenance law or spouse support. Initially courts had a tendency of deciding on the alimony amount directly proportional to the number of year stayed together. But recently the trend is shifting. Now limited duration marriages draw maximum alimony. A spouse who is economically at a disadvantage receives this amount. Alimony is also more common in cases where one parent desires to stay home to care for the children for a period of time.
By Law Article
July 13th, 2009 at 02:53am
Under Child Custody
Like most states, the standard for child custody determinations in California is the overall best interest of the child with an emphasis on assuring the “health, safety, and welfare” of the child and “frequent and continuing contact” with both parents absent child abuse, domestic violence, or where the contact would not be in the best interest of the child as provided in the California family code section 3011 (See California Family Code Section 3011, 3020, 3040, 3080). Further, according to California family code section 3040, child custody should be granted in an order of preference and according to the best interest of the child.
A common challenge for the court is to decide who will get custody of the child. Child custody may be petitioned by parents, grandparents, stepparents, or any person who believes they can provide suitable care and guidance to the child. So how does the California family court or a California judge handle competing persons seeking custody of the child? According to California family code section 3040, child custody should be granted in an order of preference and according to the best interest of the child. The court looks first to grant custody to both parents jointly or to either parent before looking to grant custody to other persons. California however does not currently establish a preference or a presumption for or against joint custody arrangements. Instead, it allows the California family court or California judge to make the parenting arrangement decision on a case-by-case basis according to what it believes reflects the overall best interest of the child. If neither parent is granted custody, then the court may look towards the person’s home in which the child has been living and the stability of that environment and then to any person deemed by the court to be able to provide appropriate care for the child. In short, the court will typically look to grant child custody first to the parents according the best interest of the child and if they are deemed unfit the court will then look to grant child custody to other persons according to the best interest of the child.
If you are involved in a child custody battle with the other parent, grandparent, stepparent, or any other person, you would be wise to consult a California family law attorney to help you learn where you stand legally and what your legal options are with respect to your child custody rights and visitation rights.
Copyright © 2007 Child Custody Coach
Child Custody Coach supplies information, online materials, and coaching services to parents in the field of child custody, namely, divorce, child custody and visitation, child custody evaluations, 730 evaluations, parenting, and all issues related to child custody and divorce.
“How to Win Child Custody – Proven Strategies that can Win You Custody and Save You Thousands in Attorney Cost!” is a unique child custody strategy guide written by The Custody Coach and made available by
Child Custody Coach in an easy to read, understand, and apply E-Book format. Custody Match is an online consumer and family law attorney matching service to help you in your search for the right attorney for your divorce or child custody case.
Custody Match can help you find the right family law attorney, divorce lawyer, or child custody attorney in your area.
By Law Article
July 10th, 2009 at 02:53pm
Under Child Custody
Child custody is a legal term that is often used by the family courts to describe the rights and responsibilities of divorced parents and their minor children, the residency or placement of the children, and the relationship and/or amount of contact the children have with each parent. When divorced parents are unable to agree on such issues, the family courts are often left with the difficult task of determining the best custodial arrangement of the children and parenting plan for the parents. The more parents understand what is involved in child custody determinations the more informed they will be in making decisions regarding their children after a divorce.
Rights and responsibilities of the parents
The rights and responsibilities of each parent to their minor children includes decisions regarding the raising and general welfare of the children on issues such as the childrenâs education, medial care, dental care, and religion. Such rights and responsibilities are commonly referred to as legal custody of the children.
Residency or placement of the children
The residency or placement of children refer to where the children will live and spend majority of his/her time. Often times a child will live with one parent more than the other parent and the parent that the child lives with the most will typically be responsible for the day-to-day care of the child. In some cases, the child will live equally with both parents, close to equally with both parents, or live a significant amount of time with each parent and the parents will share in the responsibilities and day-to-day care of the child. The residency or placement of child and day-to-day care of the child are commonly referred to as physical custody of the children.
Relationship and/or amount of contact the children have with each parent
In the case where the child resides or lives primarily with one parent, the time spent with the other parent is often referred to as visitation. The parent that the child lives with more is often referred to as the custodial parent and the parent with visitation is referred to as the noncustodial parent. In such cases, the noncustodial parent will typically have a visitation schedule that describes his/her contact with the children. The visitation schedule is sometimes referred to as a parenting arrangement.
When divorced parents are unable to agree on the rights and responsibilities of the parents and their minor children, the residency or placement of the children, and the relationship and/or amount of contact the children have with each parent, the family courts are often left with the difficult task of determining the best custodial arrangement of the children and parenting plan for the parents. The more parents understand what is involved in child custody determinations the more informed they will be in making decisions regarding their children after a divorce.
© 2007 Child Custody CoachChild Custody Coach supplies information, online materials, and coaching services to parents in the field of child custody, namely, divorce, child custody and visitation, child custody evaluations, 730 evaluations, parenting, and all issues related to child custody and divorce. “How to Win Child Custody – Proven Strategies that can Win You Custody and Save You Thousands in Attorney Cost!” is a unique child custody strategy guide written by The Custody Coach and made available by Child Custody Coach in an easy to read, understand, and apply E-Book format. Custody Match is an online consumer and family law attorney matching service to help you in your search for the right attorney for your divorce or child custody case. Custody Match can help you find the right family law attorney, divorce lawyer, or child custody attorney in your area.
By Law Article
July 10th, 2009 at 08:54am
Under Child Custody
If you ask to your friend or your colleagues, most of them will tell you that grandparents do not have no common law right to see their grandchildren if the parents object. And for the most part, all these people are right in some respects. Interestingly, there is no basis in constitutional law regarding grandparent visitation rights in the United States. However it is interesting to know that grandparents can be entitled to visitation rights with grandchildren in some cases.
In order for a grandparent to obtain such visitation rights, the grandparent may have to present evidence to the court that the absence of visitation rights would be harmful or detrimental to the child’s health and welfare. Considering that that parents have a fundamental right to the care, custody and management of their child, the grandparent generally has to show that there is a sufficient reason for the court to interfere with the parent’s right to for such external interference to be imposed. Therefore it is often difficult to prove such harm to the child. Some courts or judges may also fear that allowing grandparents an external visitation right could be harmful to the parental authority. It could also create intergenerational disputes which could be even more detrimental to the child and/or be contrary to the child’s best interest. Therefore, courts often recommend that parent and grandparents reach an agreement out of court.
Under specific circumstances grandparents can be granted custody rights of the child. When one parent is deceased the other surviving parent is typically preferred to obtain the custody of the child if deemed fit. But if both parents are deceased, the courts may decide to award the custody of the child to the grandparents since a blood relative is often preferred to obtain custody. Even in this situation, the grandparent has to present key evidence to the court that the child would be better off if he/she had custody of the child compared to other blood relatives or third parties. The courts can make their decision taking into account the age, health and financial ability of the grandparent to properly support and care for the child.
There are many restrictions and limitations in which the court can order or grant grandparent visitation rights. Additionally, the laws related to grandparent visitation rights are sometimes changing and developing. To learn the latest laws and developments in your area with respect to grandparent rights to child custody and visitation you may want to consult an attorney in your jurisdiction who can advise you legally.
© 2007 Child Custody CoachChild Custody Coach supplies information, online materials, and coaching services to parents in the field of child custody, namely, divorce, child custody and visitation, child custody evaluations, 730 evaluations, parenting, and all issues related to child custody and divorce. “How to Win Child Custody – Proven Strategies that can Win You Custody and Save You Thousands in Attorney Cost!” is a unique child custody strategy guide written by The Custody Coach and made available by Child Custody Coach in an easy to read, understand, and apply E-Book format. Custody Match is an online consumer and family law attorney matching service to help you in your search for the right attorney for your divorce or child custody case. Custody Match can help you find the right family law attorney, divorce lawyer, or child custody attorney in your area.
By Law Article
July 9th, 2009 at 08:54pm
Under Child Custody
When a divorce or dissolution of marriage is brought before the family court, child visitation is considered at the same time and according to similar factors as child custody. The term stands for the time in which the non-custodial parent is allowed to meet or visit with his/her child. However, under certain circumstances a parent can be denied child visitation or child custody in the case of sole physical custody. Child visitation is often associated with the term “parenting plan,” which typically outlines the type of legal custody and physical custody of each parent and can also define when the child is to visit or be with the non-custodial parent. Parents can reach such an agreement on their own, this is the best case, or the court can decide on this matter, which is often the worst case scenario.
Typically, the best situation for a child in a divorce, child custody, and child visitation matter is when both parents manage to solve their personal differences to reach an agreement or parenting plan or child visitation schedule out of court. In this case, any agreements reached between both parents can become the parenting plan. When a parenting plan is created and child visitation and child custody issues are resolved, it may not require anymore matters to be brought to the court even if the child is very young. A decade ago, the family courts would often give infant visitation guidelines preventing the non-custodial parent from spending a lot of time with his/her child. Such provisions are not valid anymore, but rather frequent and continuous contact with both parents is encouraged. Off court agreements does not necessarily need to be translated in a written contract and signed by both parents. However, parents may be well advised to have a written and signed parenting plan for future reference in case a child custody or child visitation dispute arises. It can also be used as a stipulation between both parties and then issued as a court order for future enforcement purposes.
Now, what if the parents are not able to reach an agreement on child visitation or child custody? Both parents will often be required to participate in a mediation process before having a court hearing or before a judge hears the case. Typically, the two parents will be assisted to work out a parenting plan by a third-party or mediator, who can be an experienced attorney or social worker. Many child visitation and child custody issues find a happy ending through mediation sessions resulting in a parenting plan agreement, which can then be presented as a stipulation ad then as a court order.
Generally, the worst case is when mediation fails. In this situation, the next step is typically for a court hearing in order to solve the issues. Judges nowadays often require custody evaluations of the family by experts in the field of child psychiatry, psychology or mental health. Licensed social workers can also be called to present evidence for consideration by the court. Once all pieces of evidence have been presented, the court will typically make its decision. This is the worst case child custody and child visitation dispute method because it can be very complex, expensive, and long-draw out. In some highly contested child custody and child visitation cases, child custody and child visitation disputes will eventually result in denying child custody and child visitation rights to one of the parent.
© 2007 Child Custody CoachChild Custody Coach supplies information, online materials, and coaching services to parents in the field of child custody, namely, divorce, child custody and visitation, child custody evaluations, 730 evaluations, parenting, and all issues related to child custody and divorce. “How to Win Child Custody – Proven Strategies that can Win You Custody and Save You Thousands in Attorney Cost!” is a unique child custody strategy guide written by The Custody Coach and made available by Child Custody Coach in an easy to read, understand, and apply E-Book format. Custody Match is an online consumer and family law attorney matching service to help you in your search for the right attorney for your divorce or child custody case. Custody Match can help you find the right family law attorney, divorce lawyer, or child custody attorney in your area.
By Law Article