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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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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In November of 2000, I was asked to be a panel member of the new defunct talk show, “Men Are From Mars, Women Are From Venus” then hosted by Cybill Shepherd. One of the producers of the talk show found my website, and asked me if I would like to be part of a show they were doing on child custody. I agreed and few out to Los Angeles in October of 2000 to tape the show.

During the taping of the show, I met Gloria Allred and Stuart Miller, both of whom do the “Talk Show Circuit” and are Nationally known for their views on family related issues. Gloria is lawyer who also represents a number of Hollywood stars and celebrities. Stuart is a National Lobbyist for ACFC - The American Coalition for Fathers and Children.

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