how to get emancipated

How to Get Emancipated: What You Need to Know

/0 Comments/in /by

The parent and child relationship is the most natural in the world. However, even with this relationship, there are situations in which it isn’t working out, and it would be in the best interests of the minor to set out on their own. 

The legal term for this process is called emancipation. There are more than 20 million emancipated minors in the United States today. 

When you understand the reasons for minors to become emancipated, along with the process, you’ll be able to make the right decisions moving forward. 

These points of information will teach you how to get emancipated so that you can handle this legal situation with the precision that it requires. 

What Is Emancipation?

The emancipation of minor means that a person under 18 legally files paperwork to become their own guardian. They become completely independent of their parents, and are able to take on certain rights for taking care of themselves. 

This includes things like the ability to sign contracts, obtain employment, get a driver’s license, and other points. In order for this process to take place, the minor will need to present evidence to the court, at which point the judge will have final say over the decision. 

Understand Emancipation Law

It’s vital that you understand the legal requirements and ramifications of emancipation so that you’re well informed. The process starts in the juvenile branch of your family law court. You start by filing a petition with the judge. 

In most states, you need to be at least 16 years old and must satisfy certain legal requirements. Some situations in which a minor may become emancipated include:

  • Abuse or unfit parenthood
  • Entering into a legal marriage
  • Joining the armed forces or other professional commitments
  • The willingness and financial ability to care for oneself
  • The minor and their parents have family circumstances that make it best for both parties

You’ll need to study the emancipation laws in your state to make sure that you meet these requirements. From there, you can research the correct court and make sure that you put in your paperwork to get the ball rolling on the process. 

Learn What Emancipation Dictates

Now you understand what emancipation is, but that begs the question — is it right for you? It may not be all it’s cracked up to be depending on your life circumstances. 

Take the time to understand these emancipation law details so that you can understand if it’s a suitable situation for your life:

You Must Be Willing to Support Yourself

First and foremost, you need to be able to completely support yourself if you’re going to be emancipated. There’s no such thing as being halfway emancipated, so you need to check your bank account, resources, and employment and make sure that it’s suitable to support your life. 

This means having a place to live and being disciplined enough to budget and manage your money. Many teenagers fantasize about living on their own but find out it’s better left a fantasy once they realize everything they are now responsible for. 

Consider consulting with a financial advisor and seek the counsel of someone that you trust before making this sort of decision. 

It’s Important to Be Emotionally Sound

Emancipation is far more than just a financial decision. You need to make sure that you’re emotionally mature and stable enough to live on your own — especially given the circumstances. 

In many situations, being emancipated from a parent is a traumatic, yet necessary decision to make. This doesn’t mean that it’s without emotional repercussions, so you need to be prepared to get mental health services or otherwise heal during this process. 

Make sure that you are mature enough to make sound decisions regarding the direction of your life since you must now be your own counsel and sounding board. It may not be the best decision if you have serious mental or emotional issues that haven’t been worked through, and it’s not a decision to rush into. 

You Need a Plan

Only move forward with emancipation if you have an ironclad, well-thought-out game plan. This includes where you will live, how you will finish your high school diploma or general education development (GED) certificate, and how you will continue your education or enter a trade. 

Audit your circle of friends and influences and make sure that they are net positives in your life. Take some time and effort to think about your plan. This way, it’s not a rash decision, and your emancipation is more likely to be granted if you show forethought. 

Emancipation May Burn a Bridge

Keep in mind also that there’s no turning back once you decide to get emancipated. Your parents will no longer have any obligations or control over your life. 

This may be necessary, but it might also build resentment. It’s possible that it will create or worsen wounds that will take some time to heal if they heal at all. 

Weigh the pros and cons of this decision while keeping this in mind. 

Hire an Attorney

Simply put, emancipation is a complex process. You’re going to need legal help so that you understand the process and are able to get accepted. 

Research and hire a lawyer with years of experience, and get a series of consultations before making a decision on which law firm to work with. 

How to Get Emancipated 101

These tips explain in detail how to get emancipated. It’s a legal process that you should never go through on your own, so arm yourself with the right information. 

Family Attorneys Near Me has the resources that you need to get the help that you’re seeking. Take advantage of our family law information to help with your emancipation or any other type of case. 

Child Support

Child Support: Everything You Need To Know

/0 Comments/in /by

When two parents decide to divorce, there may be children involved who are directly affected. Child support is a type of payment that one parent makes to the other parent (or a designated legal guardian) to meet that child’s reasonable needs.

While the specific rules and regulations can differ by state, there are some general guidelines that all jurisdictions must adhere to. The topic of child support can be tricky to understand, so it’s important to know the basics.

Today, we’re taking a look at how these payments work and what you can expect if they apply to you and your family. 

Why Is Child Support Necessary?

There are many costs associated with raising a child. These include expenses related to that child’s health, education, and general maintenance. 

When one parent is required to shoulder the entire financial burden, it can be taxing and overwhelming. If a parent is tasked with providing care for a minor child who lives in his or her home, they can file for child support. In short, this is an order requiring the other parent to contribute a monthly payment to help cover the collective costs required to raise the child. 

As you can imagine, not every case goes smoothly. Divorces are emotional and personal, and requests for child support are often met with pushback and resistance. This is why each state has its own Child Support Office.

At this office, parents receive assistance on a variety of different tasks, including:

  • Opening a new child support case
  • Locating the other parent
  • Establishing parentage
  • Setting up child support payments
  • Enforcing child support orders
  • Periodically reviewing child support orders

Options for Setting Up Child Support

There are a few different ways that child support can be set up and arranged. Let’s take a look at each one. 

Separation Agreement

During a separation or divorce, parents can complete a form called a Separation Agreement. On the form, they can agree on the amount that one party will pay the other to cover the costs of child support. 

Voluntary Support Agreement 

A Voluntary Support Agreement (VSA) is a type of child support agreement that both affected parties must sign. Then, a judge will also sign it. Once that signature is added, the VSA effectively becomes a court order, which means the court can legally enforce it. 

Child Support Enforcement Agency

Your local Child Support Enforcement Agency (CSE) can serve as a resource when you want to file a child support case. They’ll walk you through all of the legal requirements and assist you as you complete the next steps. 

You’ll need to file the case in the county where the child lives or is physically present. Alternatively, you can file it in a county where one parent resides. 

Civil Complaint

Another way to officially request child support is to file a civil complaint in district court.

If you go this route, the other party will be “served” with a copy of the complaint. You can send the complaint via certified mail or arrange to have a sheriff’s deputy personally deliver it. The other party will have 30 days to provide an answer to the complaint, and they may hire an attorney for legal representation. 

How Is Child Support Calculated?

Each state has its own formula and guidelines for calculating child support. Each case is different and depends on the family’s financial circumstances. A judge will reference the guidelines to decide how much child support should be paid in each case. 

There are free online calculators that can help you estimate your monthly payments, though these are not always accurate. Most of the time, the biggest factor that affects payments is how much the parents earn. 

While some states will take the incomes of both parents into consideration, others only look at the income of the noncustodial parent. In addition, the judge will also look at the amount of time the child spends with each parent. Other factors that can affect child support payment amounts include:

  • The ages of the children 
  • If a parent is currently receiving child support or alimony from a previous marriage
  • If a parent is currently paying child support or alimony from a previous marriage
  • If a parent is responsible for children from a previous marriage
  • If a parent has an irregular income 
  • The child’s health insurance costs (and which parent is covering them)
  • The child’s daycare costs (and which parent is covering them)
  • If a parent currently has an amount deducted from their paycheck (such as union dues)
  • If a parent has a new partner who contributes to household expenses

In cases where both alimony and child support are due, the court will usually calculate child support first. Then, they will evaluate what’s left to set the alimony. 

Who May Be Required to Pay Child Support?

No matter which state you’re in, all parents are required to support their children. The only exceptions are cases where a parent’s rights have been legally terminated, or if the parent is under the age of 18. In the latter case, that person’s parents could be held responsible for paying child support until they reach the age of 18.

This applies to all children living in the United States, regardless of their citizenship or immigration status or that of their parents. 

Child Support vs. Child Custody

It’s important to distinguish between child support and child custody. While they may be intertwined, these are two separate legal issues. 

You will still be obligated to pay child support, even if the other parent/party denies you child custody or visitation time. Likewise, you can still be required to pay it even if you have a joint custody agreement in place. 

Child Support Payment Options

If the court requires you to pay child support, there are a few different ways you can do so. These include:

  • Automatic deductions from your paycheck
  • Automatic bank drafts
  • Paying online via credit or debit card

Your local CSE office can walk you through these options and help you set up any type of online payment system that applies to your case. If your case did not go through CSE, then a judge will tell you how to pay. 

Your Trusted Family Law Resource

Child support can be a complicated and complex subject to navigate. This is especially true if you’re already going through an emotionally draining and overwhelming divorce.

An experienced, qualified family lawyer can help you understand and complete all of your next steps. They’ll also be there to represent you, fight for your rights, and make sure your case is handled fairly. 

Ready to learn more and get started? Check out our page to find trusted child support lawyers in your local area! 

7 Common Mistakes to Avoid during a Child Custody Case

/0 Comments/in , /by

Over one-quarter of children in the U.S. live with one parent, while their other parent lives in another home. This shows how prevalent divorce and child custody cases are.

If you’re a parent finding yourself in the middle of a child custody case, you may be confused about your parental rights and the uncertainty of the outcome. However, there are several things you can do to increase your chances of gaining and retaining custody or shared custody of your children.

Here’s a list of seven of the most common mistakes parents make when facing a child custody case.

To learn more about child custody and CPS when addiction is involved, click here.  

1. Don’t Badmouth Your Ex to Your Child

It isn’t fair to use your children as a pawn or to create negativity in their minds about your ex. After all, your former partner is still your child’s other parent. Your children deserve the right to form their own opinions about their parents as they grow.

Put yourself in their shoes and ask yourself how you’d feel if you were spending time with each parent and hearing bad things about one of them. It would make you feel confused and stressed, two emotions that your child does not need nor deserve during this lifestyle adjustment.

Resist the temptation to speak of your ex in a negative light when your child is present. If you must, confide privately with a friend or family member without your child being there.

2. Don’t Repeatedly Cancel Visits

Being repeatedly late for picking up your children for visits or having to constantly cancel or reschedule visitations does damage in two ways.

First, it really hurts your child. They will feel that they’re no longer a priority in your life and that you don’t care enough to follow through on spending time with them.

Children need to know they’re still loved and valued by both parents after the relationship ends. One of the best ways of giving them this assurance is to be there for them when you say you will.

Second, this behavior will make you look bad in your ex’s eyes and in the court. It will make the court think you’re not serious about making a commitment to child custody. Your ex can make a record of repeat cancellations and no-shows and use it against you in a court of law.

3. Don’t Disrespect the Court

Always respect court officials and what is asked of you. If you are ordered to take a parenting class or get help for a substance abuse problem, do it. If you are issued a temporary order, you must obey it.

Wear professional clothing when attending court and respect the judge and other court officials. Dressing appropriately shows that you take the child custody hearing seriously, and this small action will help you make a positive impression.

Never lie to the court or your lawyer. The truth always comes out eventually, and it can hurt your parental rights.

4. Don’t Be Anything Other Than a Great Parent

You don’t stop being a parent just because you’re no longer living with the mother or father of your child. So while you no longer have your partner with you, that doesn’t mean you can skimp on raising your child properly.

Be a good parent by creating a safe environment for your child when they’re with you. Any firearms that you own should be securely locked up. Any films you watch with your children should be family movies or age appropriate for them.

You don’t want to leave your children unsupervised or enforce corporal punishment. This information will get back to your ex, and it could get blown out of proportion into a domestic violence issue.

Make sure they have plenty of nourishing, healthy food to eat, and a comfortable place to sleep. Don’t abuse alcohol or take drugs. It may sound like common sense, but you always want to present yourself as the best parent you can possibly be.

5. Don’t Neglect to Pay Child Support

Don’t neglect or forget to pay child support to your ex. They can use this information against you, and you could lose visitation rights.

If you find yourself with a financial hardship whether from a job loss or emergency, do let the judge know. File a motion to make the court aware, and you may receive permission to reduce your child support until you have the funds again.

6. Don’t Take the Kids on a Trip without Letting Your Ex Know

Taking your child on a trip without your ex’s permission can quickly look like a kidnapping situation.

Always ask your ex if you can take your child on a vacation. Provide them with all of the information they need to know, such as contact info for the hotel, flight numbers, and departure and arrival times.

Doing so shows that you can be trusted by both your ex and the court.

7. Don’t Lose Your Cool

Although emotions run high in times of divorce and figuring out child custody rights, try not to get angry with your ex, especially in front of your kids. It’s especially important to avoid any kind of physical contact as that will not help your case and can turn it into a domestic violence incident.

Take a deep breathe and leave the room during a heated argument if you have to. Never threaten your ex and always try to keep the environment as calm as possible.

Winning Your Child Custody Case

Avoiding these seven child custody case mistakes will put you in good standing with the court and help you work out an agreement with your ex sooner rather than later.

If you find yourself facing a child custody case, you need a family attorney who cares about you and your parental rights. Start by conducting a search for family attorneys near you.

Parent lures a child away to kidnap them and keep them away from the other parent.

Parental Kidnapping: What it is and How to Prevent it

/0 Comments/in /by

Nothing makes rough family life more harrowing than being haunted by the idea of parental kidnapping. Parental kidnapping happens every day, and it tears families apart.

However, there are many precautions you can take to prevent spousal kidnapping. These precautions are simple and easy to follow.

Even if your child is abducted by your spouse, you can make sure they come back to you as quickly as possible.

You also need to know what constitutes parental kidnapping, so that you don’t take any rash or unnecessary actions. So read this guide thoroughly so you can be as informed as possible on spousal kidnapping.

What is Parental Kidnapping? 

The exact kidnapping definition varies from state to state. However, it is generally agreed upon that child kidnapping is the taking or hiding of a child by a parent in violation of the other parent’s rights.

What this means in practice is that if there is a legal custody agreement between people about visitation rights, taking custody of the child outside of the agreed timeframe would be parental child abduction.

So if two parents divorce, they might agree that one has custody rights during the week, and the other has visitation rights on weekends.

If the parent with weekend visitation rights picks the child up from school on a Tuesday and keeps them at their house for the night, that parent could be charged with child abduction.

Another example would be a parent with weekend visitation rights refusing to return the child to the parent with weekday custody.

If they were to keep the child past the weekend and took that child across state lines, this would be an example of interstate child abduction.

How Can I tell if My Spouse Will Kidnap My Children?  

There are several ways to tell if your spouse is planning on abducting your child, or if they’re likely to kidnap your child.

Some warning sins are:

  • Taking your child to unknown places without your consent or knowledge in the past.
  • Behave abusively towards your child.
  • History of threatening to kidnap your child before.
  • The parent has no job, family, or friends in the state.
  • Recently quit their job and have been gathering your child’s records.
  • Married for citizenship status, and your marriage has gone sour and any of the previous conditions apply.

If you suspect your souse is likely to kidnap your child, inform your lawyer and any family members.

What Can I Do if My Child is Kidnapped? 

Unfortunately, if your child is going to be kidnapped, they will most likely be kidnapped by a family member.

In the event that you become aware that your child has been kidnapped by your spouse, here are some tips on what you can do.

Contact your spouse.

People are only human, and sometimes they may forget what day it was. Make absolutely sure that your spouse has kidnapped your child with malicious intent. Also, remember that most children who are kidnapped do come home.

Contact your spouse’s family.

If something has happened to your spouse, like a car accident or fire, their family members will be the first to know.

Contact the authorities.

If your child hasn’t been brought back to you when you have custody, the police will investigate.

If you do this, be aware that your child may not ever see that parent again, as they will lose custody, and will not be able to provide for your child.

How Can I Prevent My Spouse from Kidnapping My Child? 

While you can’t control what your spouse does, you can deter them from parental child abduction with some precautions.

The first thing you want to do is to make sure you have updated photos of your child. A picture of them in the last six months should be enough to help people find them.

Make sure you have updated copies of your spouse’s passport, social security number, and the make and model of their car. If you can get their driver’s license number, and their bank account numbers, that would also go a long way.

Make sure you have all of their phone numbers and a current picture.

Also, have the contact information to one of their friends, co-workers, or business associates, as those persons might know about any places they like to frequent, or any preferred hotels or airlines.

They may also know where they were seen last.

Remember to get your child’s fingerprints on record so they can be traced if they’re taken by your spouse.

This makes it much easier to track them down in the event that they run away with your children without telling you where they went.

All of this may seem excessive or intrusive to your former partner, and they may ask the same information of you. If this is the case, it may come to pass that neither of you feels comfortable giving this information up.

In this case, you should consider giving this information to a neutral third party, preferably to your respective lawyers, or anyone else who could be trusted with your sensitive information.

Are There Exceptions To Child Kidnapping Laws? 

If the other parent has reason to believe you have been abusive to your child, they can take them to a court and file for emergency custody.

The other parent may be granted emergency custody if they believe you have been abusing your child, neglecting them, or putting them in life-threatening situations.

If they claim this, it is on them to prove their allegations. They are also going to have to take action as soon as they’re aware of any abuse on your part.

You Can Make Sure Your Kids Are Safe

Your top priority is making sure your children are safe, even from a parent that would hurt them.

If you suspect that your child may be in danger of parental kidnapping, it’s in your best interest to do everything you can to protect them.

This is especially true if there isn’t a current custody agreement between you and your child’s other parent.

Getting a good lawyer is instrumental in expediting any custody agreements. If you don’t have a lawyer or would like to bolster your legal counsel, you can search for one here.

Making sure there are clear legal boundaries that define when your child is allowed to leave your care is paramount to their safety and your peace of mind.

Sources

[1] Kidnapping Statistics. (n.d.). Retrieved from https://www.creditdonkey.com/kidnapping-statistics.html

[2] National Child Kidnapping Facts. (n.d.). Retrieved from http://www.pollyklaas.org/about/national-child-kidnapping.html

co-parenting tips for seperated or divorced parents

Co-Parenting After Divorce: A Constantly Changing Challenge

/0 Comments/in /by

Co-parenting after divorce is never easy. Divorce comes with a lot of heartache for everyone, even when it is the best choice. And the constant back-and-forth of co-parenting can lead to even more stress.

The keys to a good co-parenting agreement are flexibility and understanding, but how flexible? How understanding? Does the agreement need to be revisited periodically?

Actually, yes. A co-parenting agreement isn’t set in stone. Just like the people it affects, it needs to grow and change as life circumstances do.

Let’s look at a few times you should update your co-parenting agreement, and what that looks like for your family.

Co-Parenting Keys to Success

Divorce is hard. And it keeps being hard even after time has passed. Sometimes it can be stunning just how much your feeling toward this person you once loved has changed.

And yet, when there are children involved, the adults involved have to be willing to put the hurt aside in order to create a healthy, nurturing environment, especially when it comes to your co-parenting agreement.

So how can you make sure your co-parenting talks will be healthy and productive? A few ways.

Put the Hurt Aside

Providing there was not an issue of abuse in your marriage, it’s time to put the hurt aside, at least when you are dealing directly with issues around your kids.

You’re going to have to deal with this person for the duration of your kid’s childhoods, and probably longer. So now is the time to compartmentalize and do what you can to set aside the negative feelings.

Keep the Kids Out of It

Kids are not divorce messengers, and while you may still harbor anger toward your Ex, your kids just know that they are their parent, and they love them.

Trying to weaponize kids in order to change your co-parenting agreement isn’t fair or healthy for anyone involved. Changes to your agreement need to be between you and your ex.

Keep Communication Open

As long as there is no domestic abuse or toxicity, make sure you are communicating with your ex constantly. Updates on the kids, decisions that need to be made together, etc. It’s really like still being married, but without the cohabitation.

You need to be willing to listen, and willing to communicate. This is what facilitates an easier process.

SO now let’s dig in. When should you take a look at your co-parenting agreement?

Co-Parenting When One Parent Relocates

If one of you takes a new job or relocates for any reason, it’s time to look at the agreement. After all, if one of you lives in New Hampshire and the other in Arizona, those weekend visits are going to get a little difficult.

Parents sometimes have to move. It’s inevitable. But it’s vital to then take a look at your agreement so you can hash out where the kids are going to be.

It’s likely that a court will rule that the kids not accompany the moving parent (unless they were the custodial parent, to begin with), as staying at their current school and environment is typically best.

But negotiations can help hash out holidays and vacations to ensure ample time is still spent with the relocated parent.

Danger to the Child

If you feel your child is in danger, it is VITAL to go to the courts and request a change to your agreement.

Now, it’s important to understand that a different parenting style does not constitute abuse or danger, and the court will not change your agreement just because one parent allows juice at mealtimes while the other only allows water.

But if you are worried about suspicious bruising or newfound fears in your child, or are otherwise uneasy about their physical safety, you are within your rights to go to the courts, if only to request a temporary change while an investigation is carried out.

Periodic Maintenance

Like any agreement, as your kids grow, taking a look at the agreement is a good idea.

Sitting down and asking “Is this still working? Is this still in the best interests of everyone involved?” ensures that everyone’s needs are still being met and that everyone involved is still be served well by the agreement.

Think of this like a well-child check. It’s possible that nothing needs to change, that the agreement is still working and that everyone is fine with it. But this periodic check-in keeps communication lines open and everyone on the same page. It also helps to avoid pent-up frustration and resentment if one party is feeling slighted or annoyed.

Like with any part of your life, you want to check in occasionally to make sure everything is still healthy.

Negative Situations

Sometimes, your ex does not act in good faith and may refuse to honor your agreed upon schedule. If this happens, and you’ve attempted to resolve the issue yourself, it may be time to get the court involved.

The court can help you not only enforce your current agreement but change it to ensure that the non-custodial parent (or custodial parent) is not abusing their end of the agreement.

Co-Parenting After Divorce: A Constantly Changing Challenge

Whether you are an old hand at co-parenting after divorce or new to the entire process, you need someone to help you through. A family attorney can ensure that you are treated fairly during proceedings, and can help you navigate the complexities of family law.

If you need to create or revisit a co-parenting plan and don’t want to go it on your own, take a look here. You can find a family attorney in your area and get the help you need.

 

Sources

[1] Emotional Stages Of Divorce. (n.d.). Retrieved from https://www.womansdivorce.com/emotional-stages-of-divorce.html

 [2] Patrick A. Coleman. (2017, September 19). Don’t Tear Down Your Ex in Front of Your Kids. Retrieved from https://www.fatherly.com/parenting/how-to-talk-young-child-about-ex-spouse/

 

child custody case

7 Common Mistakes to Avoid during a Child Custody Case

/0 Comments/in /by

Over one-quarter of children in the U.S. live with one parent, while their other parent lives in another home. This shows how prevalent divorce and child custody cases are.

If you’re a parent finding yourself in the middle of a child custody case, you may be confused about your parental rights and the uncertainty of the outcome. However, there are several things you can do to increase your chances of gaining and retaining custody or shared custody of your children.

Here’s a list of seven of the most common mistakes parents make when facing a child custody case.

1. Don’t Badmouth Your Ex to Your Child

It isn’t fair to use your children as a pawn or to create negativity in their minds about your ex. After all, your former partner is still your child’s other parent. Your children deserve the right to form their own opinions about their parents as they grow.

Put yourself in their shoes and ask yourself how you’d feel if you were spending time with each parent and hearing bad things about one of them. It would make you feel confused and stressed, two emotions that your child does not need nor deserve during this lifestyle adjustment.

Resist the temptation to speak of your ex in a negative light when your child is present. If you must, confide privately with a friend or family member without your child being there. 

2. Don’t Repeatedly Cancel Visits

Being repeatedly late for picking up your children for visits or having to constantly cancel or reschedule visitations does damage in two ways.

First, it really hurts your child. They will feel that they’re no longer a priority in your life and that you don’t care enough to follow through on spending time with them.

Children need to know they’re still loved and valued by both parents after the relationship ends. One of the best ways of giving them this assurance is to be there for them when you say you will.

Second, this behavior will make you look bad in your ex’s eyes and in the court. It will make the court think you’re not serious about making a commitment to child custody. Your ex can make a record of repeat cancellations and no-shows and use it against you in a court of law.

3. Don’t Disrespect the Court

Always respect court officials and what is asked of you. If you are ordered to take a parenting class or get help for a substance abuse problem, do it. If you are issued a temporary order, you must obey it.

Wear professional clothing when attending court and respect the judge and other court officials. Dressing appropriately shows that you take the child custody hearing seriously, and this small action will help you make a positive impression.

Never lie to the court or your lawyer. The truth always comes out eventually, and it can hurt your parental rights.

4. Don’t Be Anything Other Than a Great Parent

You don’t stop being a parent just because you’re no longer living with the mother or father of your child. So while you no longer have your partner with you, that doesn’t mean you can skimp on raising your child properly.

Be a good parent by creating a safe environment for your child when they’re with you. Any firearms that you own should be securely locked up. Any films you watch with your children should be family movies or age appropriate for them.

You don’t want to leave your children unsupervised or enforce corporal punishment. This information will get back to your ex, and it could get blown out of proportion into a domestic violence issue.

Make sure they have plenty of nourishing, healthy food to eat, and a comfortable place to sleep. Don’t abuse alcohol or take drugs. It may sound like common sense, but you always want to present yourself as the best parent you can possibly be.

5. Don’t Neglect to Pay Child Support

Don’t neglect or forget to pay child support to your ex. They can use this information against you, and you could lose visitation rights. 

If you find yourself with a financial hardship whether from a job loss or emergency, do let the judge know. File a motion to make the court aware, and you may receive permission to reduce your child support until you have the funds again.

6. Don’t Take the Kids on a Trip without Letting Your Ex Know

Taking your child on a trip without your ex’s permission can quickly look like a kidnapping situation.

Always ask your ex if you can take your child on a vacation. Provide them with all of the information they need to know, such as contact info for the hotel, flight numbers, and departure and arrival times.

Doing so shows that you can be trusted by both your ex and the court.

7. Don’t Lose Your Cool

Although emotions run high in times of divorce and figuring out child custody rights, try not to get angry with your ex, especially in front of your kids. It’s especially important to avoid any kind of physical contact as that will not help your case and can turn it into a domestic violence incident.

Take a deep breathe and leave the room during a heated argument if you have to. Never threaten your ex and always try to keep the environment as calm as possible.

Winning Your Child Custody Case

Avoiding these seven child custody case mistakes will put you in good standing with the court and help you work out an agreement with your ex sooner rather than later.

If you find yourself facing a child custody case, you need a family attorney who cares about you and your parental rights. Start by conducting a search for family attorneys near you.

child custody case

Top 8 Signs You Need to Hire a Child Custody Lawyer

/0 Comments/in /by

You fell in love and couldn’t imagine life without each other.

Then you decided to get hitched. At first, everything was rosy and there were no issues to report. Then you got your first child.

But instead of life becoming even better, it got worse. Even your baby couldn’t bring you closer together. So, you opted to have a divorce.

If you’re having a divorce, take heart. You aren’t alone.

Over 800, 000 couples in the U.S go through divorce each year. Divorces are far from easy, but they become especially complicated when kids are involved.

You don’t need to handle child custody matters all by yourself. With a family law attorney, you can protect your rights to win time-sharing agreements.

Here are 8 good signs you may need a child custody lawyer while getting divorced.

Your Ex Has Already Engaged a Child Custody Lawyer

If your ex has already hired a family lawyer you’d want to do the same, otherwise, your case might turn a way you don’t expect.

You want to be well-prepared for your custody hearing. That’s especially important if your ex has hired an experienced legal representative to argue their case.

If you’re having money troubles, you can find a low-cost attorney in your area or get free legal aid. But it’s best to hire the right child custody attorney to help you out.

You Believe Your Kids Are in Danger

Sometimes the court’s ruling makes sense in theory, but that may actually put your children in danger. In such cases, time is priceless. This means you’ll need someone who’s familiar with court processes and can push through essential measures.

Often, custody cases may take months to solve, but if there’s evidence of immediate danger to your children, hiring an attorney may be the key that resolves the situation in time.

Your Spouse Has Stopped You from Seeing Your Kids

If you’ve been banned from seeing your own kids, you’ll need a lawyer in order to argue your case for why the decision was wrong. This might be in the form of an appeal or another legal battle to prove you deserve to be part of your kid’s life.

Without a family law attorney, however, you might find it difficult to convince the judge that the original ruling violated the law and your rights.

Your Custody Case Is Complex

Do you live in a different jurisdiction from your ex? Are you both unable to decide between joint and legal custody?

Is your ex trying to persuade the court that you’re not fit for joint custody of your kids? Or, is your present life situation changing so drastically that it can impact your kid’s life? Are you moving in with someone else or remarrying?

If you’re in any of these situations, you should consider hiring a lawyer to steer you through the process of child custody modification.

It’s especially essential to hire a lawyer when remarrying or moving in with someone new. This is because the court will thoroughly scrutinize you and your new partner before they allow joint custody of your children.

Your Custody Case Spans Country or State Lines

If you and your former spouse are in the same state or country, the custody case can often be pretty easy, if you’re in total agreement with one another.

If you’re unable to agree, however, or if the jurisdiction between you both changes, you’ll need expert legal representation.

A child custody attorney can help you fight for custody that does not involve your kid constantly shuttling between parents and help you argue a case that satisfies each party involved.

Since case requirements and proceedings can vary between states, it’s important to hire a lawyer that can guide you through the requirements.

You Receive a Notice About Custody Hearing

You can’t go to a custody hearing without a legal representative. If you do so, you’re highly likely to lose.

When you suddenly get a notice to go to court, it’s important to decide if you need an attorney. Consider hiring a knowledgeable and experienced family law professional to guide you through the legal processes and protect your rights.

Your Ex Wants Sole Custody of Your Kid

This is quite common if a couple had only one child at the time of divorce. In that case, each partner would be fighting to win custody of the kid, and it’s best to hire a child custody lawyer.

Such a lawyer can help resolve the standoff by drafting an agreement that will satisfy both parties. Or, the lawyer can help you file a case to challenge your ex’s decision to stay with the child.

The Court Requires You to Take Classes or Get Treatment

If the court orders you to take anger management, parenting classes, or join an alcohol or drug rehab facility, then they might think that you’re already in a weak position.

In that case, it’s best to get a child custody attorney. The only exception is if both parents in your state or country have to take anger management or parenting classes for any child custody case.

While uncommon, some jurisdictions require some sort of parental training for every child custody case.

Hire a Child Custody Attorney Today

Child custody cases are often complicated. But hiring a child custody lawyer can make things easier and hand you the best chance of winning custody agreements you desire for you and your child.

To find the best family attorneys and law firms in your area, check out Family Attorneys Near Me and browse through our blog for some useful information. With over 2,000 listings, we’re the ultimate directory to find your ideal family lawyer.

You can also browse family and divorce lawyers at these locations: Washington, San Antonio, Dallas, Austin, Houston, Columbus, Oklahoma City, Sacramento, and New Orleans.