Child custody: while you are getting divorced

by Ami Detroja

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.

Divorce and Family Law

by Arthur R. Carmano Jr.

Divorce and Family Law

Divorce and family law issues are difficult to deal with for any family. Property must be divided, custody must be discussed, and the issues must be worked through so that both sides can have closure. Representing yourself in a divorce or family law case is not recommended because you may miss out on opportunities to strengthen your case or miss important information that can cause a negative outcome. Divorce and family law attorneys are the ideal professionals to work with if you want to file for divorce or work through a family issue using the court system. Knowing what kinds of cases a divorce and family lawyer can handle will help you choose the best attorney for your specific situation.

Alimony

If you want your spouse to pay alimony or you want the amount of alimony you are receiving to be increased, an experienced divorce lawyer can see to it that the courts hear your side of the story so that you get the best outcome. If your spouse is seeking alimony from you, or requests that the amount of alimony you are paying is increased, a qualified attorney can work with you to minimize the amount of alimony you need to pay, especially if it presents a financial hardship.

Child Support

Child support is usually paid to the custodial parent so that the needs of children involved in a divorce case can be met. If you are seeking child support from your ex-spouse, an attorney can work with you to see to it that a child support order is made and enforced. If you are currently paying child support to your ex-spouse and it is a financial burden, an attorney can work with you to reduce the amount of child support you are responsible for paying.

Custody

A divorce and family law attorney can represent both sides of a custody issue. If you're seeking custody of one or more children, you can be represented in court by an experienced divorce and family law attorney. If you currently have custody of your children and it is being threatened by your ex-spouse, an attorney can protect your interests and help you retain custody. Your attorney can also be instrumental in working with you to develop a visitation schedule for the non-custodial parent.

Equitable Distribution

If you're going through a divorce, a qualified attorney can work with you to ensure that your joint assets are equally distributed. These assets can include your home, joint bank accounts, pension plans, and other assets. A divorce attorney can also work to ensure that debt is evenly distributed so that one party is not responsible for all the joint debt that accrued during the marriage.

Post-Judgment Modification

If a judgment has already been made in a case involving your family, your attorney can work with you to get that judgment modified if your circumstances have changed. This can involve getting child support reduced if your income has been reduced or getting your children back from the custody of the state.

Domestic Violence

Divorce and family law attorneys can represent either side of a domestic violence case. Attorneys representing plaintiffs can help them prepare for court and speak on their behalf during hearings. Attorneys representing those accused of domestic violence can work with the defendant to prepare for court so that every side of the story can be told.

About the Author
Arthur R. Carmano Jr. is a leading NJ Lawyer. If you are looking for the best, look no further and check out our New Jersey Lawyers website today!

Characteristics of a divorce lawyer - 5 Traits to Consider

by STEVEN CARLSON

The characteristics of a divorce lawyer are important to consider when seeking legal representation. Whether your divorce is highly contested or if you are close to settling all or most of the major issues pertaining to your divorce such as child custody and visitation, division of property, and support, the following characteristics of a prospective divorce lawyer should be considered.

(1) Proactive
(2) Willingness to negotiate
(3) Assertive
(4) Approachable
(5) Problem solver

Proactive
Proactive divorce lawyers often keep the opposing party on the defensive. Rather than reacting to the opposing counsels requests, a proactive attorney will have a strategy and often initiate action requiring the other party to respond or react. When done effectively, the opposing party may find themselves responding and reacting with little or no opportunity to go on the offensive.

Willingness to negotiate
Cases in which the parties are close to settling all or some of their divorce issues can benefit from divorce lawyers that are willing to help negotiate settlements out-of-court. Additionally, much time, money, and stress associated with contested divorce cases can be drastically reduced. However, in highly contested divorces, negotiating settlements may not be an option and a good trial lawyer may be more valuable.

Assertive
An assertive divorce lawyer is typically confident, but not arrogant, and knows when it is ok to be assertive and when it is not. Additionally, such an attorney will often demonstrate confidence in the courtroom through his/her experience and may remain unemotional throughout your divorce proceedings. The attorney’s communication with the opposing counsel will typically be amicable, but when under attack, he/she will not be afraid to assert his/her client’s position.

Approachable
Approachable attorneys are easy to talk to and easy to get in contact with. When you request to speak with them they will make themselves available and return your call in a timely manner. However, an approachable attorney is not an attorney that will engage in meaningless conversations that have no relevance to your case. Typically, an approachable attorney will demonstrate good listening skills in a conversation and will politely inform you if they believe you are getting off the subject to make the best use of his/her time.

Problem solver
An attorney that demonstrates good problem solving skills will have a strategy for your case. Such attorneys are often willing to negotiate settlements when it makes sense, but are fully prepared for trial if matters cannot be settled out-of-court.

If you plan to retain a divorce lawyer to help you with your divorce, taking into consideration the above 5 traits of a prospective attorney before you hire him/her might save you a surprising amount of time, money, and stress during your divorce proceedings.