Flip’s Girl asked:


My boyfriend has been legally seperated from his wife for over 1 year (not quite 2 years). They have no children under 18 and property has already been divided and monies have been previously settled. How long would it take him to finalize his divorce since he has already signed the separation papers? We’re in the state of Maryland.

JOSEFINA

Amee asked:


Divorce and child custody cases are often sensitive and emotional matters. A good and sensitive attorney, who understands you and your needs, can formulate a plan to protect your rights and assets. Divorce affects you in two ways financially and emotionally. Typically, the parent who does not end up with primary custody of the children will have a faster economic recovery from divorce.

When you decide live separately, at that moment you not think about your children. How much they will get affected, by your this kind of big decision? Your children are your responsibility and you cannot ignore them. Please keep in mind that the purpose of custody legal action is supposed to be to determine the best home environment for the children. When parents engage in bitter, spiteful, aggressive litigation, they make the transition much more difficult for their children, and they also damage their ability to communicate once the litigation has ended.

If you understand your children, their needs and emotions then child custody will not be a big problem for you. But if both mother and father think that children will be happy with them, problem arises at the big level. At that time, they require good legal advisor who help them.

Most of child custody lawyer suggest that information gathering is the heart of the child custody. You can obtain the information from a variety of sources like school reports, previous assessments, and medical reports and often includes a review of court records pertaining to the current action, criminal reference checks on parents and at times new partners and Children’s Aid Society reports.

In addition to the gathering of reports, required interviews of the parents and the children in various combinations are taken by the assessor. Where a parent has a new partner, spouse or girl/boy-friend, they will likely be included in the interview process. They can include other family friends, employers, colleagues, teachers, professionals and extended family members if deemed necessary by the assessor.

After completion of the information gathering and all, assessor prepares a detailed report that sets out recommendations for parenting arrangements to meet the best interests of the child. The recommendations specify a parenting plan that can include who has primary responsibility for making decisions affecting the child’s life, living/care and school arrangements and may also include recommendations for parents and/or child to address gaps or concerns related to parenting abilities.

The process ends with a disclosure meeting with parents to review the report; it may include parent’s lawyers also. They make sure that the information on which they are giving the child custody, are correct and both parents and lawyers understand the report and recommendations.

Even after a long discussion, I think that it will be better if parents try to solve this problem out of the court. By this process children really get hurt. It is my personal advice that keeps away your children from your personal problems.



ESTHER

Low Jeremy asked:


Before, two has become one…

Now one has become two again. It is a new chapter in your life where you have to deal with single hood the second time around. Huge changes can happen in your life. Your daily routine may be changed, even your lifestyle. But this time, it is not all about you.

You have a child to consider. New concerns start to come up. If your spouse is not willing to have a personal agreement with regards to your child, how will you go about it?

For instance you live in the state of “Flowery Easter”, and then child custody lawyers in Florida may help orient you with matters regarding child custody.

Child custody is a lawful term which depicts the legal and realistic relationship between a child and his parent. It is granted by the court to the justifiable parent who can very well take care of the child.

Your Florida child custody lawyer may guide you to be familiar with the different types of child custody so you will have an idea which type to go into.

Physical Child Custody

Your lawyer will help you understand that physical child custody points out to a parent who has the tangible accountability to take care of the child. Normally under this type of custody, the granted parent sees to it that he will be able to provide the child with his basic needs and other relevant necessities apt for the child’s growth.

Commonly, under this custody the child lives with the parent who has been granted custody.

Joint Child Custody

With this type of custody, both parents have tangible accountabilities with the child. Both your child custody lawyers can help you with the necessary parental supervision arrangements.

The agreement with this type of custody is that the child will have to spend a definite period of time with you as well as your spouse. Commonly, your lawyer will suggest a rotating schedule. For instance, the first and third weeks of the month will be spent with you and the rest of the weeks will be spent with your spouse.

Legal Child Custody

Most lawyers despise this type of custody since it is the most intricate. Your lawyer will have a keen examination on all aspects such as your child’s education, physical address, health care matters, religious concerns and other applicable matters to promote a healthy well-being for your child.

When you sought for legal child custody, the court will determine which specific aspects of child-rearing will be given to you and your spouse. You may be given responsibility to handle your child’s education. On the other hand, your spouse may be granted the duty to give your child a good-quality health care.

Sole Child Custody

Your lawyer should carefully discuss this matter with you. This type of custody is given to a parent who has the capability to raise the child in a healthy environment where he will be given utmost care, attention and love. You as the parent who have been granted guardianship have an exclusive right to take care of your child.

However your lawyer must remind you that with this type of custody, there is a possibility that the court will give the custody to the other party if they find you incapable.

You may want to contact recommended Florida child custody lawyers for further information regarding the types of child custody.

It does not matter whether you are alone or with someone, what is important is how you give worth to your child - the fruit of once a great love.



JESSIE

Priyanka asked:


My husband is not in Bangalore and works abroad.He is ok with my going ahead with ex-parte proceedings.However, my in laws have always been trouble makers.Pls let me know if they can meddle with my trying to get an ex parte divorce.My husband often has no say over his parents.Would like to know what possibilities are there if my in laws happen to see the notice in the newspaper?

SOLOMON

J B asked:


My GFs ex-husband lives in Mexico. They are divorced legally in Mexico even though he did it illegaly. That is the problem because if we get married and she tries to become a citizen they will say how is it possible you got divorced from someone while you were in this country. So my question is how do you divorce someone with out them being there? If he doesn’t sign papers or doesn’t come to court how is it possible to get a divorce?

MOHAMED

Annonymus asked:


My husband got his green card a few months ago and I want the divorce. Is this going to affect his application for citizenship?
Thank you!

RAMON

Steven Carlson asked:


When a divorce or dissolution of marriage is brought before the family court, child visitation is considered at the same time and according to similar factors as child custody. The term stands for the time in which the non-custodial parent is allowed to meet or visit with his/her child. However, under certain circumstances a parent can be denied child visitation or child custody in the case of sole physical custody. Child visitation is often associated with the term “parenting plan,” which typically outlines the type of legal custody and physical custody of each parent and can also define when the child is to visit or be with the non-custodial parent. Parents can reach such an agreement on their own, this is the best case, or the court can decide on this matter, which is often the worst case scenario.

Typically, the best situation for a child in a divorce, child custody, and child visitation matter is when both parents manage to solve their personal differences to reach an agreement or parenting plan or child visitation schedule out of court. In this case, any agreements reached between both parents can become the parenting plan. When a parenting plan is created and child visitation and child custody issues are resolved, it may not require anymore matters to be brought to the court even if the child is very young. A decade ago, the family courts would often give infant visitation guidelines preventing the non-custodial parent from spending a lot of time with his/her child. Such provisions are not valid anymore, but rather frequent and continuous contact with both parents is encouraged. Off court agreements does not necessarily need to be translated in a written contract and signed by both parents. However, parents may be well advised to have a written and signed parenting plan for future reference in case a child custody or child visitation dispute arises. It can also be used as a stipulation between both parties and then issued as a court order for future enforcement purposes.

Now, what if the parents are not able to reach an agreement on child visitation or child custody? Both parents will often be required to participate in a mediation process before having a court hearing or before a judge hears the case. Typically, the two parents will be assisted to work out a parenting plan by a third-party or mediator, who can be an experienced attorney or social worker. Many child visitation and child custody issues find a happy ending through mediation sessions resulting in a parenting plan agreement, which can then be presented as a stipulation ad then as a court order.

Generally, the worst case is when mediation fails. In this situation, the next step is typically for a court hearing in order to solve the issues. Judges nowadays often require custody evaluations of the family by experts in the field of child psychiatry, psychology or mental health. Licensed social workers can also be called to present evidence for consideration by the court. Once all pieces of evidence have been presented, the court will typically make its decision. This is the worst case child custody and child visitation dispute method because it can be very complex, expensive, and long-draw out. In some highly contested child custody and child visitation cases, child custody and child visitation disputes will eventually result in denying child custody and child visitation rights to one of the parent.

© 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.



REYES

Steven Carlson asked:


If you ask to your friend or your colleagues, most of them will tell you that grandparents do not have no common law right to see their grandchildren if the parents object. And for the most part, all these people are right in some respects. Interestingly, there is no basis in constitutional law regarding grandparent visitation rights in the United States. However it is interesting to know that grandparents can be entitled to visitation rights with grandchildren in some cases.

In order for a grandparent to obtain such visitation rights, the grandparent may have to present evidence to the court that the absence of visitation rights would be harmful or detrimental to the child’s health and welfare. Considering that that parents have a fundamental right to the care, custody and management of their child, the grandparent generally has to show that there is a sufficient reason for the court to interfere with the parent’s right to for such external interference to be imposed. Therefore it is often difficult to prove such harm to the child. Some courts or judges may also fear that allowing grandparents an external visitation right could be harmful to the parental authority. It could also create intergenerational disputes which could be even more detrimental to the child and/or be contrary to the child’s best interest. Therefore, courts often recommend that parent and grandparents reach an agreement out of court.

Under specific circumstances grandparents can be granted custody rights of the child. When one parent is deceased the other surviving parent is typically preferred to obtain the custody of the child if deemed fit. But if both parents are deceased, the courts may decide to award the custody of the child to the grandparents since a blood relative is often preferred to obtain custody. Even in this situation, the grandparent has to present key evidence to the court that the child would be better off if he/she had custody of the child compared to other blood relatives or third parties. The courts can make their decision taking into account the age, health and financial ability of the grandparent to properly support and care for the child.

There are many restrictions and limitations in which the court can order or grant grandparent visitation rights. Additionally, the laws related to grandparent visitation rights are sometimes changing and developing. To learn the latest laws and developments in your area with respect to grandparent rights to child custody and visitation you may want to consult an attorney in your jurisdiction who can advise you legally.

© 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.



TINA

Low Jeremy asked:


When parents get divorced, child custody is one of the issues that are discussed after the divorce is fixed. This is emotionally charged and is hard to figure out. St. Louis child custody lawyer can be a good help to child custody issues.

This is a hotly disputed matter, which is quite hard to settle because it involves great decision and responsibility. The child’s future is also measured in this issue. The law decides as to which parent or guardian keeps the child but this goes through a lot of process and keen observation.

When parents have finalized their divorce, a St. Louis child custody lawyer can be a good help to decide whether who keeps the child or if not, they fix a schedule which is the considered an agreement. The parents are given their responsibilities to the child and they sometimes divide the responsibilities.

If you have filed a case, a St. Louis child custody lawyer will often fix visitation schedules and also relocation issues because St. Louis is a place with plenty individuals. Sometimes, the St. Louis child custody lawyer due to work purposes considers cross-country.

In some of the custody cases, the grandparents are also given the rights to claim a child. Most of the grandparents are seeking for child custody or sometimes can only be a temporary custody if they see that the parents are not able to handle their responsibilities to the child.

In some state, the grandparents are given limited rights when it comes to child custody but if they are considered the guardians by the court, they can keep the child after the divorce process has been finalized.

If the child custody has been granted to the grandparents, the parents can request to end the guardianship granted to the grandparents and take back the child custody if they have strictly complied with all the rules and requirements for such.

Child custody issues have been arising and St. Louis child custody lawyer is the only way to give good solutions to give every child a good life with guardians. St. Louis child custody lawyer makes sure that all the kids are in good hands and treated properly by their parents or grandparents.

They also make sure that they are given the right to be educated by going to a good school and be given their basic necessities. St. Louis child custody lawyer makes sure that their choice as to who gets the child custody is a fair and wise decision so as not to ruin the lives of the children.

Children should be given all their rights so that they can have a good life and bring it as they grow old. Considering the parent’s status, liability is one good basis if they can support their children. A parent who wishes to have child custody should be financially equipped so that he can provide the child with all the necessary things that the child needs for his growth.

If you have experienced this kind of problem, you might as well consult the St. Louis child custody lawyer to have fair decision in this kind of issue. If your child matter the most, you need to show the St. Louis child custody lawyer that you are worthy of having your child.



CANDICE

jzlaw asked:


 

When children are involved in divorce proceedings it can be difficult and emotional for everyone who is involved, which is why the right decision needs to be made first time round.

 

In order to make the right decision first time round, courts in Michigan are required to evaluate ‘interest’ factors by looking at a series of considerations which are meant to help when it comes to making the decision. Some of these factors are stated below:

 



The ability and temperament of both spouses when it comes to giving the child love, affection, and guidance as well as the capability of the parties involved to continue the child’s education.

Can the parties involved provide the child with food, clothing and medical care?

The length of time the child has lived in a stable, satisfactory environment and the appeal of maintaining continuity

How the family exists as a unit and the moral strength of the parties who are involved

The mental and physical health of both spouses

The home, school, and community record of the child

The willingness and ability of each of the parties to aid and encourage a close and continuing parent-child relationship between the child and the other parent

Any history of domestic violence, regardless of whether the violence was directed against or witnessed by the child



 

When courts are evaluating the above factors, their main concern is that the child or children involved have their development needs addressed as children cannot legally choose where they want to live until they are 18 years old; however the wishes of the child or children will be taken into account by the courts during the custody hearing.

 

State law in Michigan when it comes to child custody encourages judges to award joint custody to parents so that both parents have a say in the child’s or children’s education, medical treatment, religion etc. In joint custody cases that child alternates between living at both parents homes.

 

Another option that may be thought about is sole custody. In cases of sole custody the child involved will live with one parent and the other parent will be granted parenting time. This parenting time means that the other parent will gain access to their child at alternating weekends, national holidays and one half of the child’s school vacation as well as in some cases one evening per week. When the decision of this parenting time is being made the parents are free to agree on the times and dates so that it fits in with both of their schedules.

 

The decision of who is granted custody usually comes down to the courts; however the child’s parents are given the chance to come to an agreement about child custody and visitation rights but if they fail to do so then the custody case is handed over to the courts where the decision is made by a judge.

 

In most custody cases the decision ends up being handed over to the courts but if you disagree with the decision that is made by a judge then you may appeal the decision. Appeals in domestic relations cases go to the Michigan Court of Appeals.

 

If you are currently facing a custody case then it is advised that you consult with an attorney to discuss all of the legal issues involved in the case; without one you are acting as your own attorney and may not receive all of the legal information needed to secure your custody case.



KATHY