princess asked:


I am currently legally separated but I would like to get it switched to divorce. Been legally separated for 6 months now and want a completed divorce, but she won’t change it. My ex wife has a lawyer and she is the one that filed for legal separation. I would like to switch it over to divorce but I do not have a lawyer. So how can I do this? I live in Indiana.

MEGAN

Arthur Turner asked:


ow that the basic principle that a court will take into account when deciding on a child custody agreement will be the welfare of the children. It is, however, often the case their interests are not served by the way in which a divorce is managed and by the fact that many parents approach the issue of child custody with a solid strategy for achieving the best outcomes in place.

It is obviously much easier to sort out the best possible child custody agreement at the outset than to try and remedy past mistakes. You should therefore try to make very sure that you approach the custody situation of your kids in a calm, deliberate and proactive manner. It is so easy to go on an emotional roller coaster ride and to approach custody issues with terms like ‘battle’ and ‘war’ ringing around in your head! The thing is that even if you see things in warlike terms you still need to keep in mind that the one thing that is most important for those operating at the highest levels in the military can be summed up in one word: Strategy!

Strategy can be defined as a well thought out set of plans and/or procedures that you will follow to achieve a certain goal. It also involves the study of certain variables and likely responses to them. It is the kind of thing that needs to be approached with clear thinking and with a cool head. It should be noted that merely going in ‘with all guns blazing’ does, in most cases, not qualify as being a ‘good strategy’!

You owe it to yourself, and most of all to your kids, to have a good long think about ways in which their best interests can be served. You should also do everything that you can to familiarize yourself with the world of child custody agreements and with tactics and techniques that can form part of your overall strategy.

Most of us are perhaps not natural strategic thinkers but it is a skill that you will need to develop in order to achieve the best possible child custody agreements. I would therefore encourage you to, if you are facing child custody issues, do everything that you can to approach this difficult phase of your life in the same way that a master strategist thinks about meeting a certain objective: Research, Analyze, Weigh Alternatives, Anticipate Responses, Decide, Act!



LUTHER

Low Jeremy asked:


A breaking family in New York is common nowadays. When parents can’t seem to agree with their plans, they end up in divorce and child custody. They will seek the help of New York child custody lawyer to fix the custody of their children and also the visitation schedules.

A New York child custody lawyer does not only decides as to which parent will get the custody but he also looks into the emotional aspect of the children and also the effect that it will give to the children. A New York child custody lawyer can handle different cases of child custody.

One of it is the visitation of the parent. If the father wins the custody, a New York child custody lawyer will have to fix visitation schedules for the mother which can be allotted for the weekend.

Also, if the case is quite complicated, a New York child custody lawyer may also set a temporary custody for the child. He may request that the child can live with the father alone for a certain span of time and when it is finished, the child can have the chance to live with the mother.

This can be helpful because the child can decide which parent he wants to live with and is comfortably with. The visitation orders that a New York child custody lawyer will implement should be strictly followed by the parents. When fixing the visitation litigation, what they need is preparation and nothing more.

New York child custody lawyer advices that parent should undergo counseling on how they can get ready with the situation and if they are both in favor of it. This will help the parents prepare for the trial before they get to the court proceedings.

New York child custody lawyers will advice their clients to understand all the important aspects that is related in child custody. First will be the evidence gathering which also means preparation for the court proceedings. A client should have a good testimony that is well supported and proven.

Both parties should have their documents and witnesses before the court proceedings begin. This is important so that the case proceedings will not take too long. Sometimes, the parents can get confused as to which state they want to have the case done.

If they choose a New York child custody lawyer, the case will surely be handled properly and fixing problems will not be a big burden. A New York child custody lawyer respects the decision and requests of the parents and the children. An experienced New York child custody lawyer will be the perfect person to help you.

Not only will you get the case done but you will also be advised with good plans and strategies. A New York child custody lawyer will also ask a psychologist to explain the effects and feedback to your children. Before the case is started, a New York child custody lawyer makes sure that everyone is prepared and that it will not bring a negative effect to the children.

If you are planning to have a divorce, getting a New York child custody lawyer will always be a good choice. You are ensured that all your decisions will be right and that the children get what they deserve.



DONNA

Steven Carlson asked:


Child custody is a legal term that is often used by the family courts to describe the rights and responsibilities of divorced parents and their minor children, the residency or placement of the children, and the relationship and/or amount of contact the children have with each parent. When divorced parents are unable to agree on such issues, the family courts are often left with the difficult task of determining the best custodial arrangement of the children and parenting plan for the parents. The more parents understand what is involved in child custody determinations the more informed they will be in making decisions regarding their children after a divorce.

Rights and responsibilities of the parents

The rights and responsibilities of each parent to their minor children includes decisions regarding the raising and general welfare of the children on issues such as the children’s education, medial care, dental care, and religion. Such rights and responsibilities are commonly referred to as legal custody of the children.

Residency or placement of the children

The residency or placement of children refer to where the children will live and spend majority of his/her time. Often times a child will live with one parent more than the other parent and the parent that the child lives with the most will typically be responsible for the day-to-day care of the child. In some cases, the child will live equally with both parents, close to equally with both parents, or live a significant amount of time with each parent and the parents will share in the responsibilities and day-to-day care of the child. The residency or placement of child and day-to-day care of the child are commonly referred to as physical custody of the children.

Relationship and/or amount of contact the children have with each parent

In the case where the child resides or lives primarily with one parent, the time spent with the other parent is often referred to as visitation. The parent that the child lives with more is often referred to as the custodial parent and the parent with visitation is referred to as the noncustodial parent. In such cases, the noncustodial parent will typically have a visitation schedule that describes his/her contact with the children. The visitation schedule is sometimes referred to as a parenting arrangement.

When divorced parents are unable to agree on the rights and responsibilities of the parents and their minor children, the residency or placement of the children, and the relationship and/or amount of contact the children have with each parent, the family courts are often left with the difficult task of determining the best custodial arrangement of the children and parenting plan for the parents. The more parents understand what is involved in child custody determinations the more informed they will be in making decisions regarding their children after a divorce.

© 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.



AMY

Steven Carlson asked:


For many divorced and separated parents with children there will be a common answer as to why they ended up with the child custody and visitation arrangement they have. The answer being, “the judge decided it.” In other words, the judge chose the parenting arrangement you have based on his/her belief of what was in your child’s best interest.

Judges do not always make the child custody decision or choose the parenting plan arrangement for the parent’s. In fact, more often than not, the judge will not make the child custody decision for the parent’s. It is usually when the parent’s are unable to reach an agreement on child custody the judge will choose the parenting arrangement for them. If the judge makes the child custody decision for the parent’s it is often referred to as a final judicial order or judgment on child custody.

Parents typically know what’s best for their children including decisions about child custody and visitation. The difficulty for the parents is often the inability to set apart their own emotions and wishes from the needs of the child. Parents are typically given the greatest amount of flexibility in choosing a parenting plan that reflects the best interest of their child. However, when the parent’s are unable to come to an agreement on child custody and visitation the judge will often be given the task to make the decision about child custody and will also have a tremendous amount of leeway in choosing a parenting plan the he/she thinks is best for the child. This leaves vast room for a judge’s interpretation of what is in the best interest of the child and often leads to arbitrary judicial decisions regarding child custody and visitation.

When the court or judge chooses a parenting plan for the parent’s it will usually result in one or both parents being disappointed or feeling a sense of loss. Typically one parent will feel as though they won child custody while the other parent felt they lost child custody. It’s also not uncommon that both parents end up disappointed with the court or judges decision. Rarely both parents feel as though they won when the court or judge makes the child custody decision.

To avoid arbitrary judicial child custody decision made by the court and judges you would be wise to learn more about how child custody decisions are made and the laws in your particular state. How judges have ruled in the past and what influences his/her decisions. Additionally, you will want to explore alternative dispute resolution options such as child custody mediation, collaborative law, and arbitration. If you are seeking legal advice on how to proceed with your child custody case you can consult a family law attorney in your area who spends a significant amount of his/her practice representing clients on child custody cases.

Copyright © 2007 Child Custody Coach



HUBERT

ImaYam asked:


I live together with my wife, and want to continue doing so for now, but i also have a daughter whose pushing the divorce question. What is a good argument i can use? What are some benefits of a divorce? Economical (I own a business), legal benefits? How would i persuade her?

JULIUS

IC asked:


What is the definition of child custody in this state? Who is entitled to that custody? Which state has jurisdiction and can children be moved out of that state? What can the party do if a spouse or ex. is in danger of removing the child from the court ordered environment.

Custody, in Florida means being responsible for the needs of a person under the age of 18; this can be further defined by the physical care and supervision of the child. The custodian has a court order for the right of physical custody along with the duty to rear, keep safe and discipline their charge. Medical, food, shelter, education and other material needs are to be provided.

Both parents are entitled to custody. There is joint custody; so ordered by a court. The public policy assures frequent and continuing contact with both parents. If there are extenuating conditions then a child can be put into home with an extended family member by a petition; temporarily. If there is “probable cause” such as abuse, neglect, or abandonment then that child can be “taken into custody” by a police officer or an authorized person and placed with a non relative.

In joint custody the court will order both parents to share responsibility, they will both retain their parental rights, and jointly make decisions in the interest of their child. If the child is able and has the intellect, the court may consider their participation in the decision. The court can consider both the parents’ desires, or may give one parent the ultimate responsibility for certain aspects of a child’s interests or share the responsibilities.

You will need to provide as much information as possible to the court for evaluation in the welfare and interests of the child. This should include information about you and the other party’s behavior and finances. A lawyer is recommended but not required. They are helpful in gathering, presenting, and convincing the judge.

Florida has the Uniform Child Custody Jurisdiction and Enforcement Act. The custody order will be issued in the state that can determine in the best interests of the child. Usually you file in the “home state” where the child has lived with a parent or person for (6) months immediately before the child custody proceeding started. There are exceptions to the “home state” rule such as: when there is “competent substantial evidence” of a risk that a party could violate a court order by removing a child from the state or country without the notarized written permission of both parents. However, providing this information may be difficult. There may be more and complicated steps where an attorney may be needed.

In summary, in Florida, child custody is being responsible for the best interests of a child to include shelter, food, education and other needs for the minor less than 18 years of age. Both parents are entitled to joint or shared custody so ordered by a court. The custody order will be issued in the state that can determine in the best interests of the child; usually the “home state” where the child has lived for (6) months immediately before the child custody proceeding started. When there is “competent substantial evidence” of a risk that a party could violate the court order by removing the child from the state or country a notarized written permission signed by both parents can be submitted.



LUCY

Dreamy asked:


I am planning to mve out of state and I am about to go through a divorce. My spouse and I don’t have any assets together and we already agreed on a prenuptial amount of spouse alimony. Is it possible for me to go through a divorce while living in another state? in other words..should I stay put in the state where we are filing for divorce?

NATHAN

Low Jeremy asked:


Another broken heart in Washington DC!

You may not afford to have another broken heart after a divorce if your child will be taken away from your custody. You think that the pain is too much to bear if you will be losing another loved one. The grief will be felt everyday if you will not personally care for your child. Hence you decide to win the guardianship of your child.

The first thing you need to do is seek for legal advice from a child custody lawyer. Since you are from Washington DC, it is best to first search within your area.

Look Around

You may begin your child custody lawyer quest by looking around Washington DC. Start with the yellow pages and contact Washington DC law firms which handle custody and visitation cases. You can have a phone interview with employees once you have contacted a specific law firm. It is wise to ask background information regarding the firm. For further detail, you may schedule a meeting with child custody lawyer in said firm.

Set an Appointment and Choose

The welfare of your child is at stake whenever there are child custody confrontations. As much as possible, you as the parent want to protect the well-being of your child. Hence during a meeting with a potential child custody lawyer, make sure that you have prepared written set of questions to ask the lawyer. By doing this you can weigh if he is capable to handle your case in a way that all concerned parties will be given utmost consideration.

Do all your prepared questions have been carefully answered by the lawyer?

Is he comfortable to talk with personal matters?

Is the lawyer you are conversing with sensitive enough to know your needs as well as your child?

You may opt to set criteria for you to be able to obtain a child custody lawyer. After interviewing potential lawyers, it is high time for you to decide who will guide and make you win custody for your child.

A Good Custody Lawyer

Now that you have selected a custody lawyer, it is best to be aware of the things your lawyer is advising you.

Your custody lawyer should be knowledgeable with regards to the legal and judicial system of Washington DC especially concerning family law. He must be able to share with you said information.

A good custody lawyer will help you understand the basic laws and other relevant information on gaining child custody. He will expertly answer vague law terms which you might find difficult.

With your help, your custody lawyer shall gather pertinent documents which may be of help for you to win guardianship of your child.

He must attain a strong foundation on mediation and litigation. He must learn when to compromise and when not to. The root of achieving child custody is to give the child a healthy home atmosphere throughout his growing years.

The most important thing that your custody lawyer can do is help you prepare for the success or failure that the case can bring upon.

Achieving guardianship of your child is never an easy task. It is a stressful situation which will not only hurt you physically but will give you emotional, financial and even spiritual turmoil. However with a help of a good child custody lawyer you will be able to surpass the challenges of being alone and heart broken.



REID

PaulterA asked:


My girlfriend’s divorce decree says that her ex is responsible for all debt on a motorcycle they bought a few years ago. The ex hasn’t paid on it and she is now being sued by the creditors. The creditors lawyer says that the divorce decree doesn’t stand, that THEY have the say on who owes the money. Is this right?

RON