Child Custody & Family Law

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Raleigh North Carolina Divorce lawyer Kim’s practice concentrates heavily in the litigation of complex custody and equitable distribution cases. She also heads the firm’s appellate advocacy group. Kim has successfully represented many clients in domestic cases before the N.C. Court of Appeals. A member of
Leading North Carolina Divorce Lawyers of Gailor, Wallis & Hunt, PLLC

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Family law refers to anything involving legal services that has to do with families. When people get divorced, they need to have the services of a family lawyer. This person helps them to divide the property fairly and settle disputes out of court of possible. Each spouse will need to have his/her own lawyer and the lawyers will deal with each other if the separation and divorce is not an amicable one. This eliminates the extra stress of having to argue things out in public.

Although some couples do not need to have two different lawyers because they agree to divorce and can solve the separation problems themselves. They only need to have a lawyer to make the divorce legal in court. However, if there are children involved family law looks after the children in deciding custody rights and the amount of payment needed by one of the parents to help pay the children’s expenses. Family law is not just for divorces, though. It may be used by grandparents who want access to their grandchildren or if children have been taken illegally by one of the parents.

When dealing with family law, you will receive the same professional services as you would receive if you needed a criminal lawyer. Actually, family lawyers have been trained to deal with sensitive issues and are able to give you an unbiased opinion about the solution to the problem. A lawyer experienced in family law can help you in many ways.

Explain how the courts work and help you decide which options are open to you.
Advise you of your rights and the best way to deal with an issue
Prepare the paperwork required and represent you in court
Seek a court order that gives you physical protection, if this is necessary.

Family law is sometimes provided to low income families through legal aid services. You don’t have to feel that because you don’t have the money for a lawyer that you have nowhere to turn. Many of these lawyers also have an online presence and will answer questions for you without charge.

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Technorati Tags: Child Custody, Custody, Family Law

During the starting phase of child custody arrangement we need to consider different alternatives regarding different types of possible custody arrangements. For example, both of the parents might want to work out an arrangement under which you both make decisions on the child’s upbringing and wellbeing. This type of arrangement is called “joint legal custody” in most states. Or, you may sense that your counterpart is currently unfit or incapable of any parental responsibility, in that case you may wish to have sole custody of your child.

Custody Types

1. Legal Custody

grants a guardian the right to make long-standing decisions about the future of a child, and key aspects of the child’s wellbeing - including education, medical care, dental care, and religious instruction. In most of the cases, joint legal custody is awarded to both parents except it is revealed that one of them is unfit, or is unable of making right decisions about the child’s upbringing. Legal custody is different from physical custody, which involves issues such as where the child will live.

2. Physical Custody

of a child gives the right to grant everyday care for the child. When a physical custody is granted to a parent then he dictates about the living location of the child. Recent custody provisions give physical custody to custodial parent and grant visitation rights and shared legal custody to the non-custodial parent. Usually, visitation rights offer the non-custodial parent exclusive time with the child every other weekend, alternating major holidays, and a number of weeks during the vacations.

3. Sole custody

of a child has exclusive physical and legal custody rights regarding the child. Sole guardianship arrangements are very rare, and are generally restricted to situations where one parent has been deemed in poor condition or unable of having any form of responsibility over a child — for example, due to drug addiction or proof of child ill-treatment. In sole custody situations, the child’s non-custodial parent has neither physical nor legal custody rights, but may be entitled to periods of visitation with the child.

4. Joint custody

It has two phases: joint legal custody and joint physical custody. A joint custody order can have one or both parts.

Joint legal custody refers to both parents sharing in major decisions affecting the child. The custody order may describe the issues on which the parents must share decisions.

Joint physical custody refers to the time the child spends with each parent. The amount of time is flexible. The length of time could be relatively moderate, such as every other weekend with one parent; or the amount of time could be equally divided between the parents. Parents who opt for equal time-sharing have come up with many alternatives such as: alternate two-day periods; equal division of the week; alternate weeks; alternate months; and alternate six month periods.

Sometimes neither parent can correctly assume custody of the children. Possibly because of substance abuse, a mental health problem, and absence or incarceration. In these situations, someone other than the parents may be granted custody of the children or given a temporary guardianship or foster care arrangement by a court.

Who will get the primary custody of your children?

That is the ultimate question that will pop up once a divorce started to run on the wheels of court. Along with the legal arguments and circumstances to nullify a marriage, there are also legal remedies that will be brought out to family courts to decide on the primary custody of the children.

In most instances, there are divorced parents who come into a mutual agreement with regards to the physical custody of their children. They set aside their differences and arrive on a shared custody of the children which means that they share a 50/50 legal as well as the physical custody of the children. As parents, they have nothing in mind but to raise the children in a loving environment that they used to have when divorce was not yet in the picture. Coming into a mutual agreement is a good move for settling the custody dispute of the children.

However, there are also instances where settling the custody dispute does not come with an immediate solution. Divorced parents are still battling out on the legalities of issues with regards to the legal custody of the children that needs to be brought out into family courts.

Just like any other cases filed in court, there is a hearing that will be conducted as an avenue for legal arguments and law interpretation. And your child custody lawyer will be doing the legal matters inside the courtroom.

A child custody lawyer will be your legal representative in family courts and will be the one who will establish your right for the custody of your children. By using out all legal remedies as well as circumstantial evidence that may be present, he will try to give to you the legal authority over your children.

Aside from being your representative in legal arguments, he will also be assessing your potential win in child custody cases. Often times, he will conduct a case review where he will evaluate all the details of your case as well as the remedies that you can use in battling out for your right over the custody of your children.

In addition, he will also be interpreting the laws of the state where the child custody case falls. Since laws vary from state to state, it is important that you also have an idea on state laws governing child custody. That is why it is wise that you get a child custody lawyer based within the state’s jurisdiction. Wide knowledge with regards to state laws will be your lawyer’s defense in battling for your custodial rights.

But remember, even when the child custody lawyer that you have hired is really good, the case will be decided by the judge according to the laws of the state as well as the pieces of evidence that you have presented. Your lawyer will be the one who will argue for your right, but certainly he will not be the one to dictate the outcome of your child custody case. It is still within you if you will win the case. That is why as mentioned earlier, most child custody lawyers conduct case review first before plunging in to legal arguments in courts.

Your children are at stake here - getting a child custody lawyer is a way to fight for your right to them.

Visit this page to learn how to pick an attorney best suited for your case

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The Oregon Divorce Blog has an interesting point in Joint Custody:”Joint custody is subject to modification by either parent. The statute provides: â��Modification of a joint custody order shall require showing of changed circumstances and a showing that the modification is in the best interests of the child such as would support modification of a sole custody order. Inability or unwillingness to continue to cooperate shall constitute a change of circumstances sufficient to modify a joint custod
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Original and current member of the New Hampshire Commission on the Status of Men, Mike Geanoalis has long been involved in efforts to repair the father-child connection. We talked with Mike, sometimes in heated terms, about some men’s concerns about custody and child support fairness in the courts, and the gender breakdown of domestic violence.
In The News: A quick anecdote illustrading how crucial conversations about gender are today.

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Child Custody Arrangements - How to Negotiate the Best Arrangement For Your Child Saturday 4 October 2008 @ 8:06 pm We all want the best for our kids, whether it’s the best schools, the best opportunities and even the best arrangements when it comes to child custody. The first thing we must realize is that cutting our ex spouse out of our child’s life in order to hurt the spouse is NOT what’s best for the child. Never keep your child away from your spouse because you are angry at them.
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Pete Cordelli interviews lawyer Miles Mason, Sr. of Crone & Mason, PLC, on the topics of Child Custody, Custody, and Family law in Memphis, Nashville, Brentwood, and Jackson TN.

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