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Custody Laws and Keeping Your Kids Safe
Unfortunately, it is happening more often lately, that the children become caught in the middle of their parent’s battle. Often it becomes more of a desire to beat the other parent than it does about the parent’s original intent, to spend the most time with the child they love. Sometimes, however, the battle is for less worthy reasons. Regardless of your reasons for seeking child custody, we all need help about custody laws, so here is some advice to keep in mind.
In dealing with custody laws, have you given any thought to avoiding outright court by trying a mediator instead? Most judges in some states won’t even hear your case until you’ve seen a mediator with the other parent. Your attorney has the right to represent you even during the custody laws mediation process. What you need to worry about is that you make sure that you really do try hard to work with the custody laws mediator and your kids’ other parent. You have the right to ask for new custody laws mediators if you feel the one you have is biased in any way. Your lawyer will explain the specifics of custody laws mediation to you.
Even though most parents don’t want to hear this, there are times where neither parent is given custody of the child in question by the custody laws. If the situation warrants it, a judge will involve other family members or even child services and award custody laws to one of them. The judge will determine that neither parent qualifies for sole custody, and is then forced to resort to this custody law. If your lawyer tells you this is an option of the custody laws, be sure and prepare yourself for it.
One part of receiving optimal child custody help is to better yourself. Make sure that all of your paperwork has been filled out in the proper method. You will be able to get help with this from your attorney. It is rather critical that your paperwork is filled out the right way, the first time. The last thing you want or need is to have your case delayed even further because you forgot to sign something or include a required document. Ask your lawyer to go over your documents before they get filed to make sure that everything is dotted, crossed, and signed. There are many reasons to seek help with custody laws. Perhaps there are options you weren’t aware of and you just want to know for future reference? Perhaps it’s a loved one or relative? You should never lose sight of the fact that there are more people involved than just the adults. This is not a trivial matter. These custody laws are the reason that family court is it’s own entity. Be very careful with custody laws.
Custody Rights of the Parents
Nobody wants to get in a dispute with their ex, regarding custody rights. The fact is that having quarrels with the other parent of your kids about custody rights can be quite agonizing to everyone else in your family. Horribly, having arguments about custody rights are sometimes inevitable. There are a variety of reasons for people to fight when it comes to custody rights. When they do, they make a lot of innocent people suffer along their way. How do you take care of your children while still making sure they are totally free from harm? In this article we will discuss some of the resources that you can check out for assistance with child custody rights.
During your pursuit of custody rights you will be asked lots of questions, some even multiple times. Working with a mediator or even going to court will mean even more questions. It is imperative then for you to be honest. While answering don’t embellish the story, or lie about what happened. Trying to make the other parent look bad or yourself better will be tempting, but should be avoided. It is best for you to answer as honestly as you can and stay close to the facts, even more so if you are looking to get to spend more time with your kids. Your case will suffer if any lies or manipulation on your part are discovered, and in most cases of custody rights it is.
In some unfortunate cases, neither parent is awarded custody rights. Unfortunately, some instances require the judge to award custody rights to a family member or child services. If neither parent can prove that they deserve to be the sole provider for the household, the judge will resort to this less than ideal situation.
If your lawyer tells you this is an option, be sure and prepare yourself for it. There are a lot of pros and cons to taking custody rights to court. The best way to help yourself with your child custody case is to familiarize yourself with these.
Happy, safe children is a very good pro, once the child is placed with the most qualified parent or guardian. The downside of this, especially if the custody battle is particularly nasty, the child will be yanked through this. Discuss all your options and any negative outcomes with your attorney prior to making a decision on custody rights issues. Nobody desires to confess they need a helping hand with custody rights.
When a child is born the parents rarely imagine a day when they may need the law to step in and decide what is in that child’s best interests. The most imperative thing to bear in mind when contending with custody rights is that it is your child’s best interests that need to be fulfilled in this situation and not your own. Tread carefully and make sure you know the laws in your state. You don’t want to be caught unaware with these custody rights.
Child Custody Laws
Even though divorce has been going on for centuries, the courts look at child custody cases a bit differently today. There have been many changes over the years, and most of it has to do with the way society works today as opposed to years ago. Back in the 1800s, if man and wife were getting divorced the father would be the custodial parent. This was due to inheritances of estates and properties, as well as the property laws.
During this time mothers were never allowed to receive custody. Once we reached the 20th century things began to change. Courts found that when the divorce involved younger children, the mothers were a better fit to care for them.
Now that we’ve hit the 21st century there have been additional changes, but the overall concept is the same. Somewhere in between it was the mothers who were awarded the children the majority of the time. The courts believed this was in the best interest of the children, even when it wasn’t the case.
However, when you think back to year’s past it might not have always been in the best interest of the child when fathers were automatically awarded custody. In order to even the playing field, the courts needed to provide a few standards that would allow the child or children to have a good life in a divorced family.
There are some instances where the fathers have won child custody cases, but not near as much as the mothers. While this may be true, several states believe it is unconstitutional to place children in the mother’s care at all times. The funny thing is most of them do anyways.
These actions helped to create the Equal Protection of the Fourteenth Amendment. It’s a decree that was ruled in favor of by the Supreme Court so the child custody cases that went through lower courts couldn’t base their decisions solely on the generalization of the parents.
It is thought that even if the father doesn’t get child custody they have much more influence and visitation rights than they used to in child custody cases since this decree from the Supreme Court. This allows the father to be more active in the child’s life and on some occasions he can even receive joint custody. So even when the children live with their mother, he is still involved in making decisions about health care, education, religion, or various other fundamental issues.
Some courts will appoint guardians to visit the homes of both parents. This way they can see the living conditions, the type of parenting plans that are in place, and whether or not one parent’s household would suit the interests of the children better. Remember, they no longer give the children to the primary childcare parent so you cannot consider this a given in child custody cases anymore.
Parents can also try to change or modify the results of child custody cases once they are in place. If circumstances change for the custodial parent then the non-custodial parent may win sole custody, but again it will differ from state to state. It is always best to consult with a professional when looking at child custody cases as each case is different and the best interests of the child are at stake.
Deadbeat Dads, How Do You Keep Your Kids Safe?
The fact of the matter is, arguing with deadbeat dads can be disturbing to all your other family members. Unfortunately, these arguments are going to happen. When they do erupt, they cause a lot of problems. How do you take care of your children and making sure they are totally free from harm? It is important for you to remember that regardless of what is going on with you and your child’s father, your child has specific needs that you need to meet.
Try not to let the deadbeat dad take precedence over the kids. If possible, keep the children from knowing the details of the battle until necessary.
It can be tempting to talk badly about the deadbeat dad as a pawn in the divorce. Keeping the children first is the priority for most parents in these situations, but it is always good to be reminded! Be sure to make time for them and give them the support they need. This situation is hard for them also.
In most cases, sole custody is awarded for very exact reasons. For cases where deadbeat dads have a drug problem, a judge will make sure the kids are living in a drug free home. Study other deadbeat dad’s cases. The importance of this increases if you find yourself on the “wrong” side of your case. You may find, that for your case to end in your favor, there may be changes to your life style that you will need to make.
Your kids have an opinion in this too, don’t forget that. Most people fail miserably when it comes to talking to their kids about deadbeat dad matters. When your kids are very young, this is good. When they get older, however, it is a good idea to ask them what they want to do. Even as early as age 4 or 5 children can be very opinionated about whom they choose to spend the bulk of their time with. Many judges will ask to hear from the children in question, especially if the case gets tense or tricky. There are so many things that can quickly become complicated when you need to work out a custody arrangement with your children’s deadbeat dad.
It is of the utmost importance to be mindful that keeping your children in good spirits is much more important than the issues you have with your child’s father. Don’t let this slip your mind when you need to request his help. The more sympathetic you are to his case and the brighter you are about being the most optimal parent you can be, the more advantageous it will be for your kids.
Jarod and Erika
Is divorce right for you?
No one has as much experience, knowledge, or expertise in Texas divorce cases as we do. Want to file for a quick and easy divorce? We specialize in getting you divorced as soon as possible. We have been helping couples and families with divorce cases for nearly 2 decades. We have experienced attorneys on staff and affordable legal representation.
Hiring Texas Divorce Lawyers can help your divorce process go smoothly and timely. When looking into hiring Texas Divorce Lawyers you will need to find a divorce lawyer that will meet your needs and help you acquire a fair settlement. Divorce is rarely easy to go though and it’s never fun for anyone. Finding a divorce lawyer that will take the time to understand your case and what is required will help you finalize your divorce and start your life again.
Texas Divorce Lawyers range from a great amount of experience to hardly any experience. As you search for your divorce lawyer, ask for references from friends and family and also ask the lawyer you are interviewing for their past history. A Texas Divorce Lawyer will be able to provide you with how many cases they have worked on that included divorce, what the case included, and how well the outcome was. If you have special circumstances, you need to make sure your divorce lawyer has the proper knowledge on how to handle your case.
A special circumstance within a divorce can range from custody of children, personal assets and property, and investments you have made as a couple. Your divorce lawyer should have the knowledge of the state and city laws and know how to equally divide what you own and make sure you will have the necessary means to live your day to day life.
Some questions you should ask your Texas Divorce Lawyer before you hire them could make or break your divorce case. Listed below are some questions to consider asking before you hire a divorce lawyer.
• How long have you been a Texas Divorce Lawyer?
• Do you specialize in any fields that may help me with my divorce? Such as: child custody, domestic abuse, dividing personal assets equally.
• Will my divorce case have to go to court? If so, how long will it take to finalize our divorce?
• How much money will I be spending to use your services?
There are many more questions that you can ask your Texas Divorce Lawyer, make a list and be prepared when you interview them. You are the client that is spending money, make sure you get the services you need.
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Last edited by Melissa Feit on January 10, 2017 at 5:39 pm
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