Showing posts with label Custody. Show all posts
Showing posts with label Custody. Show all posts

Sunday, November 21, 2010

Los Angeles Divorce: Los Angeles Child Custody Mediation

When parents separate or divorce in Los Angeles California and child custody is contested, the parties can attend child custody mediation in Los Angeles County to sort out their disagreements regarding child custody and visitation. Child custody mediation in Los Angeles County is a form of alternative dispute resolution that may be scheduled by appointment with the Los Angeles County Family Court Services mediation or Conciliation Courts.

In a contested child custody matter in Los Angeles, child custody mediation is required before the parties can have a litigated hearing in the Los Angeles family court. In other words, the parties must first attempt to sort out their child custody and visitation disagreements through child custody mediation in Los Angeles before a Los Angeles Superior Court judge or commissioner will hear the child custody dispute in a litigated hearing.

Typically in child custody mediation, both parents are asked to complete a child custody mediation information intake form. The intake form can help the Los Angeles mediator learn more about the child custody and visitation issues being disputed before meeting with the parents. The mediator may meet with the parents together or individually and will typically facilitate the discussion in attempts to help the parents resolve their disputes. In child custody mediation, the parties may resolve all, some, or none of the child custody issues being disputed.

In Los Angeles County mediation is confidential, which means the mediator will not report to the court what was discussed in mediation. Mediators may report to the court a signed mutual agreement which has been mutually accepted by both parties. Mediators may recommend a child custody evaluation or investigation or that an attorney be appointed to represent the child. Los Angeles County mediators are mandated reporters of child abuse, which means they are required to report suspicion of child abuse to Child Protective Services or CPS.

California Family Code section 3170-3173 describes the availability of child custody mediation and addresses child custody and visitation disputes involving modifications, domestic violence, adoptions, paternity, and stepparent and grandparent petitions. California Family Code section 3160-3165 describes the general provisions of child custody mediation and its purpose. However, since the specific details of child custody mediation and mediators may differ from county to county in California and can change over time, you may want to inquire with the Los Angeles Superior courthouse for more information. Further, you would be wise to consult a Los Angeles family law attorney, Los Angeles divorce attorney, or Los Angeles divorce lawyer to help you learn more about the local processes and local rules for child custody mediation and learn if child custody mediation is the right approach for your Los Angeles child custody situation.

© 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.

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Thursday, October 14, 2010

Father Child Custody - Still Possible Even After False Allegations

It is hard enough to deal with the fact that you have to fight to be able to have "the right" to be with your child every day. It is a well known fact that fathers fighting for custody are rarely awarded custody of their children when there are issues. Although, this has been true in the past, times seem to be changing and fathers are seeing that family courts are taking into consideration which parent can actually provide a safe and secure environment for the children. That being said, fathers fighting for custody still have a lot of work to do to prove that their children would be better off with them rather than their mother.

Factor in false allegations of child sexual abuse, then this uphill battle of father custody seems almost impossible to win. Unfortunately, these cases actually are almost impossible because of the lack of an experienced attorney. Usually, a local attorney will have a lot of experience in divorce custody matters, but will have little or no experience in child sexual abuse. The problem is that there simply are not enough attorneys out there that are experienced in both matters. If you do find one that is experienced in both, then you will find that they are very expensive for the fact that they must travel all over. This leaves fathers fighting for custody in an almost impossible situation. What else can fathers do but to hire the local attorney and hope for the best?

Normally, fathers fighting for custody must prove he is a fit and caring parent, and he must prove the mother is unfit. Add in the fact that he has to defend himself against false child sexual abuse; father child custody is simply not an option. The courts must have a good enough reason to uplift the children from their home.

Although it seems that there is no way possible for father child custody when the father is accused of child sexual abuse, it can be done. However, the father must have a precise case with a planned out strategy.

Your attorney will have a specific strategy with questions and suggestions for you to follow to help you in your father custody trial.

A good attorney will:

Recognize a father's emotional state - This is the most important step and one most attorneys will overlook. Fathers fighting for custody are going through a lot of stress at this point in their, and it is to the best interest of the father for the attorney to determine any emotional problems and learn how to deal with them before the courts are introduced to him.

Face Adverse Issues Upfront - It is important that any allegations that could possibly be thrown out in court be dealt with and admitted to upfront.

The father's image - Fathers fighting for custody must convey an image that the courts feel is acceptable and secure for children. Take a parenting class, become a part of your child's sports events or hobby or attend church.

When criminal charges of child sexual abuse surface, it is important that you never accept a plea. If your attorney recommends you take a plea, than it is time to replace him. Accepting a plea in a father custody case is no better than accepting guilt. If you are not guilty, do not take a plea stating that you are guilty. With the proper attorney, you will be freed of these charges.

There is a possibility that you can take your children home with you, even after allegations of child sexual abuse are made. With the right attorney, a lot of research and the desire to do whatever it takes to wake up each morning to see those bright smiles, there truly is a possibility of being awarded father child custody.




Michael Waddington is an expert court martial attorney and criminal military defense lawyer defending military personnel worldwide. He defends all levels of court martial cases.. He is a partner in the Augusta, Georgia, law firm of Gonzalez & Waddington. His worldwide practice focuses on military criminal court martial cases. http://www.ucmjdefense.com

He has successfully defended numerous high profile military court martial cases arising from the War on Terror and has been reported on and quoted by hundreds of major media sources worldwide. Mr. Waddington has provided consultation services to 60 Minutes, ABC Nightline, the BBC, German Public Television and other major news outlets. He has successfully defended court martial cases in the USA, Europe, the Middle East (Iraq, Kuwait), Central Asia (Afghanistan), and the Pacific (Korea, Japan).

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Sunday, September 26, 2010

Child Custody in a Divorce in Florida

If children are involved in your divorce in Florida you are probably concerned about child custody and visitation. The State of Florida has one overriding factor in child custody issues: What are the best interests of the children? This should also be the main concern of the parents. Divorce in Florida can be a traumatic experience for children and every effort should be made to reduce the emotional effect on them. You may be getting a divorce from your spouse but you will always be a parent.

In 2008 Florida divorce laws were changed drastically regarding child custody. The terms custody, visitation, primary residential parent and secondary residential parent were replaced by shared parental responsibility, time sharing and parenting plans. The courts were overwhelmed by parents fighting to be designated the primary residential parent. Florida divorce laws now encourage equal responsibility for all decisions that need to be made in a child's life.

In a divorce in Florida the parents will typically be granted shared custody of the child and equal rights in making joint decisions regarding the child's welfare. If there is major disagreement on some aspect such as education, religion or medical needs of the child the court may designate one parent primary control over that aspect.

In rare cases sole custody may be granted to one parent. This is usually based on child abuse, family violence or continuous conflict between the parents. Sole custody will only be granted by the courts where it can be proven that shared custody would be detrimental to the child.

In the final decree of a divorce in Florida there must be a parenting plan that explains the shared parental responsibility and time sharing schedule. Typically, these are agreed on by the parents or through mediation and compromise. If the parents cannot agree a trial will be held and the judge will make a decision based on Florida divorce laws. This may also involve a child custody evaluation by a third party such as a family counselor or psycologist. In theory the father and mother have the same divorce rights regarding parenting and time sharing but in practice the mother is typically given special consideration as the guiding force in the children's lives. Children over the age of 12 may be asked their preference regarding time sharing. Once the court has evaluated all of the evidence it will provide a parenting plan with details of the arrangement.

There are over 20 factors the Florida divorce laws consider in child custody. For more information on your divorce rights in child custody see the Uniform Child Custody Jurisdiction and Enforcement Act. Just remember that the State of Florida will be considering the best interests of the children and you should be doing the same. It is very important that the children are subjected to as little stress as possible in a divorce in Florida.




http://www.divorceinfloridainfo.com

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Tuesday, September 14, 2010

Should You Fight Your Child Custody Battle on Your Own Or Should You Hire a Lawyer?

If your ex is threatening to take your children from you, you are probably trying to decide whether or not you should fight your child custody battle on your own or if you should hire a lawyer. Here are a few tips for you that will help you decide whether you can successfully negotiate a child custody arrangement yourself and when it is time to find legal representation.

1. Will your ex try to get full custody of your children? If your ex is fairly reasonable and will work out custody arrangements that suit you both, then hiring a lawyer might not be necessary. But if you have a gut feeling that your ex will try to take your children from you and not give you any visitation, or that the negotiation will take a turn for the worst, a lawyer might be the way to go to ensure that you keep your parental rights.

2. Will your ex hire a lawyer to fight for custody of your children? If your ex has already hired a lawyer, it might be a good idea for you to hire one as well, if you want to keep your children. You do not want to be at a disadvantage when it comes to the courts, and a lawyer can help make sure all of your ducks are in a row when it comes to the custody hearing.

3. Can you do all of the proper research about making custody arrangements all on your own? If you feel confident that you can research everything you will need to know about child custody court hearings all on your own, then you might be able represent yourself in court. You can also check around your city for lawyers that offer child custody consultations and get some good tips and information about how what you will need to do at a child custody hearing so that you can research it yourself.




If you really want to negotiate a child custody arrangement without a lawyer, click here for something that will help.

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Wednesday, September 8, 2010

Change in Child Custody Laws - Time-Sharing in Florida

The Florida legislature recently enacted laws that abolished the concept of "primary" and "secondary" child custody as well as "visitation." The court system was overwhelmed with parents who were fighting not only about at whose home the minor would spend most of his time, but also over who should have the title of primary custodian. Many believed that, if they were deemed the "secondary" custodian, then they were also a second-class parent. Further, many parties resented that they had to "visit" the child rather than live with or spend time with their kin. In an effort to help parents avoid fighting over semantics, the Florida legislature adopted the concept of "time-sharing" to replace the old regime of awarding custody to one parent or the other.

The Florida Legislature also modified and expanded the factors that courts must consider when making a determination on the issue of time-sharing. The overriding concern remains the best interests of the child. There are now twenty factors for consideration, some of which are highlighted below:

· The ability of each parent to have a close relationship with his or her son or daughter;

· The ability of each parent to work with each other;

· The ability of each party to put the needs of the child before his or her own needs;

· How parental responsibilities will likely be divided when the divorce is finalized;

· Whether either either side will require some sort of day care during his or her time-sharing schedule;

· How long the minor has lived in a stable home;

· Whether the soon to be ex-spouses live near each other and the youth's school;

· How well the youngster is doing in school;

· How well informed each spouse is of scholastic and extracurricular activities;

· Whether each party is involved in the minor's school or extracurricular activities;

· The ability of each side to provide a routine for the child;

· Whether each parent is morally fit;

· The physical and mental health of the parties;

· The preference of the minor;

· Whether there has been any domestic violence or other abuse or neglect;

· Whether either side has falsely accused the other of abuse;

· The responsibilities of each spouse toward the son or daughter before the petition for divorce was filed;

· Whether either side has exposed the youth to alcohol or drug abuse;

· Whether each party has shielded the son or daughter from the divorce litigation;

· The ability of each parent to meet the child's current and future developmental needs; and

· Anything else that the court believes is relevant.

To review the full text of the new legislation, see section 61.13(3) of the Florida Statutes.

Courts may give each factor different weight based on the circumstances of a particular case. If you have questions concerning how the factors might apply to your case, be sure to consult an attorney experienced in family law.




Richard J. Mockler and Adam B. Cordover are family law attorneys at Richard J. Mockler, P.A., located in Tampa, Florida. For a free consultation or more information on time-sharing or other family law matters, please visit our website at http://www.FamilyLawRights.com

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Thursday, April 29, 2010

Domestic Violence and Child Custody

Becoming a witness of domestic violence and growing up in such a volatile and disturbing family environment can have a dreadful impact on the psychological development of a child. Hence, the issue of child custody in situations that involve domestic violence is one of great important.

The US Department of Justice gives great importance towards protecting the rights of children who are exposed to domestic violence. Domestic violence in this context does not necessarily mean the child has actually seen physical abuse or witnessed domestic violence. It may encompass circumstances wherein the child is simply present in the home during an incident of domestic violence. Such type of abuse is commonly referred to as "secondary abuse." In a California case known as In re Heather A., 60 Cal. Rptr. 2d 315, 322 (Ct. App. 1996) the court found that two children were exposed to domestic violence by virtue of being in the same home as their mother ho was physically abused by her boyfriend, even though the children were in another part of the house and did not actually witness the abuse. The two children were removed from the home and made dependents of the court upon a finding that the children were victims of secondary abuse.

Parents experiencing domestic violence within their family home are at risk of losing custody of their children. These children may be declared as dependants of the court, removed from the home, and taken into protective custody of Department of Social services. There are several means by which parents subjected to domestic violence can prevent losing custody of their children. The most important of these is to bring an end to such a violent relationship.

If you are involved in a relationship wherein domestic violence is present and children are involved, you would do well to consult an attorney in your jurisdiction to help you learn where you stand legally on the matter and what options are available to help protect you and your children.

© 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 techniques, 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 Costs! is a unique child custody strategy guide provided as an E-Book for immediate access written by Steven Carlson who is known nationally as The Custody Coach. Custody Match is an online consumer and family law attorney matching service find the right family law attorney, divorce, attorney, or child custody lawyer in your area.

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