Child Custody & Family Law

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Why do the courts seem to always favor the mother in a divorce when considering child custody? Is it that this is a throwback view from the days when the mother was a stay-at-home mother and therefore had nothing to do but watch and nurture the children? Will the court system ever join the twenty-first century in regards to child custody?

The rights of fathers has increased and changed for the better over time, but there is still a long way to go before there is real parity between mother’s and father’s rights. Women still tend to win in the custody battleground. Of course, the winners should be the children. Not everyone will be happy in these situations nor will they feel they have been treated fairly as to visitation, custody, or support payments.

Father’s rights in custody fights were practically non-existent in the past. However, child psychologists and social workers finally began speaking up. They stated that children of divorce needed their father’s guidance, influence, and presence to provide some semblance of stability in the children’s lives other than just shoveling out money to provide for expenses.

Today, custody laws give fathers some say in their children’s lives after the divorce. They may not have primary custodial rights (where the children live with the father), but the courts are conceding “joint custody” now.  This means that the father has some input on major decisions that may affect the rearing of the children. It means that the mother shouldn’t find the most expensive private school for the children without consulting the father, who is expected to pay for the expenses.

A father should have equal rights to be considered the primary custodial parent just as much as the mother. Of course, we don’t hear about this much as judges tend to believe that all children are better off with the mother. However, it should come down to who will be the better parent rather than strictly gender, especially in this age of non-traditional living conditions.

As so often happens, if a father is not awarded primary custody, he will be given a more generous visitation schedule than has been granted in past years. The is due to the unceasing efforts of father’s rights organizations and in part to studies that have proven that a lack of a father’s relationship with his children has produced more juvenile problems, drug use and clinical depression.

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The question of Child Custody arises when parents decide to put an end to their relationship with each other through divorce or annulment. Child custody refers to the legal and practical right over the child. Most countries follow the legalities put forward by the United Nations Convention on the Rights of a Child.

The most appropriate analogy that can be drawn in this case is Robert Benton’s 1979 film Kramer vs. Kramer, based on the book by the same name by Avery Corman. In this film, Joanna Kramer (Meryl Streep), frustrated with her role of a housewife taking care of her son Justin Henry, abandons her husband Ted (Dustin Hoffman) in order to explore her “self”.

Hence, Ted is forced to raise his son by himself. Although initially his workaholic attitude was one of the driving forces behind his wife’s plee, he eventually involves himself in childcare so deeply, that he even loses his job out of negligence!

Once Joanna comes back from New York after two years, she launches into a legal battle over Justin Henry’s custody. However, in the end, Joanna realizes that Justin’s ideal life is with his father, and she relents.

While trying to win child custody parents make various claims regarding themselves and allegations against their spouses/partners. False accusations of child sexual abuse, financial and educational incompetency made by parents against each other are common.

In 1994, the judge ruled against a woman named Jennifer Ireland in the battle for her child’s custody, sighting her action of placing her four year-old daughter in day care because of her work as one of the deciding factors. Julie Kunce Field, an attorney from Michigan, fought her case, attracting to it national attention in 1994. In 1995, the ruling changed in the favor of Jennifer when judgment based on a working parent’s child care methods was dropped.

Troubled pop star Britney Spears finally lost her long drawn child custody battle to her ex husband Kevin Federline who won custody of their two children, while she received visitation rights. Spears has been accused of alcohol abuse, negligence while driving with children and reckless behavior in public.

The most important thought to be kept in mind by parents, attorneys, psychologists analyzing the case, and the jury is the child’s interest. Although sole custody is a viable possibility, in most cases the legal system grants joint custody of the child.

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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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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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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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Technorati Tags: Alimony, Attorney, child, Child Custody, Child Custody Case, Crone, Custody, divorce, Lawyer, Mason, Memphis, Parenting, Plan, Settlement, support, Tennessee, Visitation

The best interest of the child or a childs best interest is the famous mantra of the family court, which is prevalent in child custody proceedings today, yet its interpretation by the family court or judges is often arbitrary and its meaning is still obscure. Moreover, the law regarding child custody varies from state to state leaving no uniform legal position regarding what is in the best interest of the child. Some states have a preference and presumption towards joint custody while others do not. Some states are amending its law to adopt a preference and presumption for joint custody while others are amending its law to allow joint custody only when the parents agree to it.

Like most states the standard for child custody determination in California is the overall best interest of the child such that it assures the health, safety, and welfare of the child and frequent and continuing contact custody or custody to one parent and therefore leaves the parenting plan decision up to the discretion of the family court or a judge. In 1979, California adopted a presumption for joint custody, but later amended the law in 1994 to allow joint custody only when the parents agreed to it. According to the American Bar Association, other states such as Connecticut, Maine, Michigan, Mississippi, Nevada, Vermont, and Washington also adopted laws in favor of joint custody, but only when the parents agreed to it. Other states such as the District of Columbia, Florida, Idaho, Iowa, Kansas, Louisiana, Minnesota, Missouri, Montana, New Hampshire, New Mexico, and Texas, have laws favoring a presumption for joint custody. In a few other states, joint custody is not specifically authorized.

Regardless of each states position for or against a presumption or preference in favor of joint custody and whether or not it has been specifically authorized, overall there appears to be a growing trend in favor of joint custody and more and more bills being introduced to adopt a presumption for joint custody being in the best interest of the child unless certain circumstances apply, such as convincing evidence that a parent is unfit or it would not be in the best interest of the child to award joint custody.

If you are involved in a child custody dispute, whether it is the initial child custody determination or a child custody modification, you would be wise to consult a family law attorney in your jurisdiction to help you learn what the law and standard for custody determinations is in your area and how it applies to your specific situation. Further you will want to learn what factors the court will consider in determining the best interest of the child so you are fully aware of your child custody rights and responsibilities.

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In North Carolina, finding a good child custody lawyer is not that easy. This is because of two reasons.

The first reason is that the best ones are usually occupied with a lot of things and cases that they do not have enough time left to take care of other cases. This may be because not every lawyer have the ability to get a good verdict when it comes to child custody. So people in North Carolina are relying on those with sufficient experience and capability to help them win their case.

The second reason is that laws in North Carolina are made by legislature. The judges only purpose is to make sure that they are followed by the letter. The rulings that are made in child custody cases have no effect on those that are made by other judges in likewise the same case.

From these reasons alone, you will know why it is that important to find and have a good lawyer represent every couple in their child custody cases if they are located in North Carolina.

If ever you are one of those living in North Carolina and is on the process of separating from your spouse, here are some things you need to consider when you are looking out for a lawyer to handle your child custody case.

1. Good lawyers come with high fees.

Since this is one of the cases that involves the happiness and well-being of your child or children, it is important that you take every action necessary to make everything work out well.

Looking for a good child custody lawyer in North Carolina does not come cheap. You will find that there are those who charge a huge amount of money on an hourly basis. That is why it is vital that you know first and foremost if you an afford the lawyer you have chosen. The price that you will be paying is only fair if you are going after the expertise and the qualities that the best lawyer can give.

Child custody in North Carolina can be a tedious, complex and long process. This is why you need the best lawyer to handle your case. You will need the services of a lawyer who knows the ropes and also knows how to get by the difficult system.

Paying the high fee for all these things is already an assurance that you can have a fair trial that you and your child can benefit from.

Once you have found the lawyer of your choice, you can start asking important questions regarding how child custody works in North Carolina. The answers that the lawyer gives will determine what kind of case you will be having and the consequences it will lead to.

2. A well-written and legal contract you have read and signed.

Having a contract about the fees and services that the child custody lawyer is one way of avoiding any future misunderstanding that may arise.

If you know the lawyer personally, you may not need to take this precaution. But if you do not, a contract is your assurance that everything will go about as you have talked and planned.

Before signing any document, you need to make sure that the lawyer knows about the laws that North Carolina dictates regarding child custody. You might end up paying someone that is not well versed on how child custody in North Carolina works.

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