What You Need to Know About Your Child Abuse Case

Child abuse can be a very complicated issue no matter who is involved in it. Understanding a case such as this can be hard to do unless you are well informed in all the procedures that will take place once the arrest has been made. If you are arrested for a charge such as this, there are many things that will take place after the arrest has been made that you need to be well informed about.

The first thing that you should understand is the legal definition of child abuse In Texas, child abuse is defined as the physical, psychological, or sexual mistreatment of any child no matter what the circumstances are. If you are involved in a child abuse case, you need to know what type of child abuse charges that they are giving you. There are three different types of child abuse as stated before. Physical abuse is usually defined as the abuse to a child which involves neglect and beating or hitting the child in any way. Some people believe that if there isn't a bruise then it wasn't child abuse but that is not the case. Physical abuse can also include hurting a child through the use of fire, ice, chemicals, or any physical object that is used to cause harm to the child in question.

The next type of child abuse is psychological abuse which happens to be the most common type of abuse for children. This type of abuse is defined as any type of behavior that will cause psychological or emotional harm to the child that is involved. Psychological abuse can include yelling, demeaning, name calling, and verbal humiliation of a child which causes emotional stress and harm to that child This is one of the hardest types of abuse to prove because you never see any physical scars on the child that is being abused.

The last type of abuse is sexual abuse to a child Sexual abuse is defined as any sexual act that is forced upon or done to a child by an adult or person in their upper teenage years. This type of abuse can include anything from exposure of adult genitals to a child to forcing a child to be involved in any type of sexual activity. Usually this type of abuse comes with larger penalties because of the severity that usually comes with these types of situations.

With all three types of abuse you need to be aware of what the penalties are for each case. You should also speak with your lawyer about the details of your case to make sure that everyone is well informed and can handle everything as quickly as possible.

If you or someone you know needs help in a criminal case such as this, contact Attorneys and Lawyers for You to find a criminal attorney near you at http://www.attorneysandlawyers4you.com
Joseph Devine

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Jesus has brought you, Leah Ward Sears all the way and He has "Greater works For You, today Justice Leah Ward Sears. He is such a wonderful saviour and we have never known Him to Fail... Bless You, Haskell and your family from Griffin, Georgia. Let's send some praise out my face book family of Ward's, Felker's, Culver's, Sand's, Felker's, Cater's, Henry's, Jone's ( most of the families last names) and our great church families. marywardcater@aol.com face book and twitter marywardcater@gmail.com face book Bless You and Your accomplishments!!! ****** Leah Ward Sears is the former Chief Justice of the Georgia Supreme Court. She served on the court since 1992 when she was first appointed by then-governor Zell Miller, a Democrat. Sears became the court's chief justice in June 2005. She retired from the court in June 2009. [1] After Sears' final day on the court, Carol Hunstein was elevated to serve as chief justice. In August of 2009, Sears will begin a one-year fellowship with the William Thomas Sears Distinguished Fellow in Family Law for the Institute for American Values. The fellowship is named for her brother who died in 2007 after returning from service in the Middle East. Sears will teach a seminar, "Contemporary Issues in Family Law," at the University of Georgia Law School while on her fellowship. In October of 2009, Sears will begin working in the Atlanta offices of legal firm Schiff Hardin. [2] Justice Sears has been mentioned as a possible Barack Obama nominee to ...



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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.

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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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Florida's New Best Interest of the Child Factors

Florida's "best interest" of children factors will change on October 1, 2008. Notice the clear emphasis on demonstrating parenting behaviors and a history of meeting the child's needs. Keeping children away from the divorce case is another area that is now clearly spelled out in the law. Here are the new factors:

(a) The demonstrated capacity & disposition of each parent to facilitate and encourage a close & continuing parent-child relationship, to honor the timesharing schedule, and to be reasonable when changes are required.

(b) The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties.

(c) The demonstrated capacity & disposition of each parent to determine, consider & act upon the needs of the child as opposed to the needs or desires of the parent.

(d) The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.

(e) The geographic viability of the parenting plan, with special attention paid to the needs of school-age children and the amount of time to be spent traveling to effectuate the parenting plan. This factor does not create a presumption for or against relocation of either parent with a child The permanence, as a family unit, of the existing or proposed custodial home.

(f) The moral fitness of the parents.

(g) The mental and physical health of the parents.

(h) The home, school, and community record of the child.

(i) The reasonable preference of the child, if the child is of sufficient age

(j) The demonstrated knowledge, capacity, & disposition of each parent to be informed of the circumstances of the minor child, including, but not limited to, the child's friends, teachers, medical care providers, daily activities, and favorite things.

(k) The demonstrated capacity & disposition of each parent to provide a consistent routine for the child, such as discipline, and daily schedules for homework, meals, and bedtime.

(l) The demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child, and the willingness of each parent to adopt a unified front on all major issues when dealing with the child.

(m) Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect, regardless of whether a prior or pending action relating to those issues has been brought.

(n) Evidence that either parent has knowingly provided false information to the court regarding any prior or pending action regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect.

(o) The particular parenting tasks customarily performed by each parent and the division of parental responsibilities before the institution of litigation and during the pending litigation, including the extent to which parenting responsibilities were undertaken by third parties.

(p) The demonstrated capacity & disposition of each parent to participate and be involved in the child's school and extracurricular activities.

(q) The demonstrated capacity & disposition of each parent to maintain an environment for the child which is free from substance abuse.

(r) The capacity & disposition of each parent to protect the child from the ongoing litigation as demonstrated by not discussing the litigation with the child, not sharing documents or electronic media related to the litigation with the child, and refraining from disparaging comments about the other parent to the child.

(s) The developmental stages & needs of the child and the demonstrated capacity and disposition of each parent to meet the child's developmental needs.

(t) Any other factor that is relevant to the determination of a specific issue

These are the factors a judge will use when determining all child-related issues starting October 1, 2008. Remember, when the law changes there will no longer be a "primary residential parent" and parenting plans will be required.

Much more than a visitation schedule, parenting plans must be comprehensive and cover not only time sharing, but decision-making and child support.

DIY Divorce has been exploring the new parenting plan requirements on the blog at http://www.diydivorcefl.com All the changes are already incorporated into our free Tele-Test Drive Basic Florida Divorce class. Visit the website to sign up for one now.

Pamela S. Wynn has practiced family law in Florida for more than 23 years.

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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.

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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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