Divorce and Child Abuse

Marriages may break down for several reasons. The couple's finances may be in shambles, one spouse may have cheated on the other, or the spouses just may not get along anymore. Another leading cause of divorce is abuse.

Though spousal abuse is often thought of as the only type of abuse that leads to divorce, this is not the case. In fact, when a couple has children, they may become the targets of aggression. Child abuse is a serious offense and is punishable by law.

When one spouse is abusing the married couple's children, the other spouse may not know about it. Though the other spouse may have suspicions about child abuse, he or she may not be able to get the children to admit to any abuse, as children are often threatened by their abuser.

When your children are being abused, there are usually some telltale signs that indicate some sort of foul play. If you think your spouse is abusing your children, look out for the following signs:

Your children are unexpectedly doing worse in school

• Your children experience a sudden, inexplicable change in behavior
  
  


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  Your children seem distant or unemotional
  
  


• 
  Your children have signs of physical abuse, such as bruises

Any of these signs may indicate abuse. If you suspect abuse and have witnessed some of these signs in your children, you may want to confront your spouse or call the police. If your children are in danger, you are responsible for ending that danger.

When spouses do find out that their significant other is abusing the children, it often becomes a point of contention and for good reason. The offending spouse may face criminal charges, and the innocent spouse may want to file for divorce to ensure the safety of his or her children.

If you do decide to press charges against your spouse and file for divorce, it is important to hire an experienced divorce attorney to handle your case. Though you will likely receive custody of your children, there may be other matters to settle before the divorce is granted.

If your spouse abused your children and you now want to file for a divorce, let the Austin divorce attorneys of Slater Kennon & Jameson, LLP handle the legal aspects of your case while you tend to your personal matters

James Witherspoon

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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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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.

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Going Through Divorce Without a Lawyer Not a Good Idea

Going through divorce without a lawyer is probably one of the worst things that you could do. Without a lawyer you will simply not get a fair share. Judges do not want to deal with people, and they want to talk to lawyers. If your ex does not have a lawyer then you may be okay but if they do, you are definitely going to want to make sure that you get the best divorce lawyer.

If you need a divorce attorney to handle your case, remember that they are going to be able to help you deal with all the legal issues surrounding your divorce, issues that you would probably miss if you just tried to take on the case yourself. A divorce lawyer will be particularly important if you and your spouse have been married for several years and share property, savings, or other larger financial issues.

Finding a Lawyer

Now that you understand why you should not go through divorce without a lawyer, you will need to go through the process of actually finding a lawyer, and there are a few important factors to take into consideration here.

There are tons of divorce lawyers located all around the globe, but you will generally want to find one in your local area because you are going to need to be traveling back and forth from them, for meetings and to talk with them. Therefore you do not want it to be a huge inconvenience to you, as it would be if you had to drive for extended periods of time just to get to them.

As you can see, it is very important not to go through divorce without a lawyer. You may not be able to patch things up with your spouse, but to ensure that things are going to be fair, then you never want to go through divorce without an attorney. If you do decide to go through your divorce without an attorney, just make sure that you are educated and understand what you are getting into.

You are really going to need to be prepared going into this, and never want to head into court without a clue as to what you are doing.

Divorce can definitely be a tricky issue to deal with, but perhaps the most difficult of all is going through court and finding a way to untangle all the financial and sentimental items

Going through divorce without a lawyer [http://www.lawyers.jsgenterprises.com/3.2.divorce-lawyer-divorce-without-a-lawyer.html] is probably one of the worst things that you could do. Without a lawyer you will simply not get a fair share. Judges do not want to deal with people, and they want to talk to lawyers...View more articles at [http://www.lawyers.jsgenterprises.com]

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Rhode Island Divorce Strategy From Finding a RI Attorney to Filing for Divorce by a RI lawyer

The first step in obtaining a divorce from your spouse is finding a Rhode Island attorney who you are comfortable with. Many attorneys give free initial consultations while others charge for the first consult. I have always taken the position that the initial consultations will be free.

It is important to ask the proposed lawyer about his or her experience and qualifications to handle your case. It is also crucial to determine the hourly charge and the amount of any initial fee or retainer.

It is often impossible to determine how much a divorce will cost from beginning to end. However, it is a good idea to get an educated estimation of the eventual fee. This will never usually be more than a estimation because the cost of the divorce usually depends on several factors. Those factors could include how quickly a settlement is reached, the number of motions that each party will file, the amount / nature and complexity of assets to be equitably divided, the amount of documents involved in the case, the animosity of the parties to each other, the waiting time while you are in court and many other potential issues.

The Golden Rule is that the longer it takes to reach a settlement the more the divorce will cost because the lawyers will spend a lot more time working on the case. If there is no settlement and the case goes to trial or the day of trial, the divorce could get very expensive. If everything is agreed or nearly agreed to and the parties are relatively amicable then the divorce should take a lot less time and therefore be much less expensive.

Uncontested divorces in Rhode Island should be much less expensive then contested divorces. However, there are many different types of uncontested divorces. There are uncontested divorces with no real assets and uncontested divorces with assets to divide. If the divorce is uncontested and there are assets then the lawyer may need to prepare a property settlement agreement, deeds, qualified domestic relation orders etc. Therefore, the cost of an uncontested divorce could vary depending on the circumstances. For example if a lawyer has to draft a property settlement agreement , the lawyer will devote more time to the case.

I believe that a fair price for an uncontested divorce from soup to nuts in Rhode Island with no assets and no property settlement agreement is about $800 flat fee plus costs. The typical costs are a filing fee of $100 and service of process fees of approximately $40.

After you have retained the lawyer there is typically an intake process in which the lawyer gets the basic information so that he or she can properly represent you. The lawyer typically drafts the divorce documents and you sign them in front of him/her or another notary. These documents include a divorce complaint, DR(6) financial statement, statement of children of the marriage, counseling statement, report of divorce, summons and automatic divorce order etc. It is important that the DR6 form otherwise known as financial statement is accurately filled out.

There are many important decisions that may need to be made before you file for divorce in Rhode Island. Strategy is crucial in many instances!

In some cases, the attorney will file a motion for temporary orders when the divorce complaint is filed. A motion for temporary orders should be filed if the husband or wife is in need of temporary resolution of issues while the case is proceeding. These temporary motions typically request temporary child support, payment / contribution to daycare , contribution to medical bills, alimony, payment of household expenses, payment of the mortgage, taxes and insurance. A motion for temporary orders can also address child visitation and child custody issues related to the minor children as well as issues concerning exclusive use and possession of the marital home. The temporary motion can also request temporary orders concerning: restraining orders both financial and personal and a myriad of other temporary issues. The motion for temporary orders will typically be heard by the Court within 30-40 days of the filing of the complaint for divorce.

If no temporary orders enter then there is no legal obligation of a spouse to pay anything while the case is proceeding until there is a decision by the judge or the parties sign a property settlement Agreement. If there are no temporary orders, the financial issues, visitation and custody issues will be up to the parties to figure out while the case is proceeding without the benefit of a court order.

If there is an emergency in which irreparable harm will be caused if the party has to wait for a court date, then an emergency motion should be filed with the complaint. An emergency motion must either be verified under oath or be accompanied by an affidavit. The attorney will bring the emergency motion to the proper judge and ask for an ex parte order. Ex parte means that the other side is not present to object. The Rhode Island judge will only consider the affidavit and documentation before him. If the judge signs the emergency order than it will be served on your spouse by the constable along with the divorce complaint.

These types of emergency motion typically deal with issues concerning abuse of a child, dissipation or unreasonable spending of marital assets, domestic violence, child abuse or a plethora of other potential emergencies. If there is domestic violence involved in which you are in imminent fear of physical harm or have been abused or threatened with abuse please discuss with the attorney the benefits of filing a separate case called a Complaint Protection from Abuse! Please note that the Complaint Protection from Abuse is very different from an Emergency motion.

The timing of whether the divorce or Complaint Protection from Abuse case is filed first or whether they are filed simultaneously could be crucial to your case.

If an emergency motion is granted and emergency orders enter then a hearing will be set approximately 20 days to determine if the order should stay in effect while the divorce case is proceeding. At that hearing your spouse has an opportunity to contest the motion and tell his or her side of the story. At that hearing, the Court will determine whether the emergency relief will stay in effect while the divorce case proceeds.

Please see part two to be finished later which describes the process from filing the complaint to the nominal divorce hearing.

David Slepkow is a Rhode Island divorce and family law lawyer concentrating in divorce, family law, child support, custody, visitation, personal injury, landlord tenant, litigation, criminal law and the general practice of law. David is a partner at Slepkow Slepkow & Associates,Inc. which was established in 1932 and is currently celebrating its 75th anniversary. David has been practicing for over 9 years and is licensed in Rhode Island, Massachusetts and Federal Court. David offers free initial consultations. Please goto our recently revised website http://www.slepkowlaw.com to obtain further information concerning Rhode Island law or to contact David Slepkow.

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Spousal Maintenance | MN Divorce Lawyer

www.MNFamilyMatters.com Minnesota Divorce Lawyer M. Sue Wilson discusses the purpose of Spousal Maintenance, originally designed to create economic justice after a divorce particularly for a homemaker or stay at home mom. Attorneys at M. Sue Wilson Law Offices assist clients who have sacrificed as a result of their marriage to achieve economic fairness after a divorce. Minnesota Divorce Lawyer M. Sue Wilson also discusses the abuse and future of permanent spousal maintenance for couples divorcing in Minnesota. Responsive. Effective. High quality results. We care about your well being.



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