Divorce Attorneys Newport News VA:Custody Guidelines

November 23, 2010 By Law Library Leave a Comment

Divorce Attorneys For Women Newport News VA: Custody Guidelines

Where the children are presently is a big consideration of the courts in Newport News VA when determining which parent will be granted custody of the children. Courts simply do not like to take the responsibility for moving the children. The “inertia factor” is the strongest of all, as it furnishes an excuse for a disposition that, should it turn out badly, is less likely to be blamed on the judge.

Who has had the child for the longest recent period is a more sophisticated refinement of the “inertia factor” by the courts inNewport News VA. The more perceptive judges will discount very-recently-acquired “possession” of the children, so as to avoid endorsing the view that possession is 9/10ths of custody law.

Specific nurturing responsibilities and involvements and who has done exactly what parenting chores with and for the child over the last few years is also taken in to consideration by the courts in Newport News VA. This is something easily lied about and hard to prove.

Stability is a major consideration of Courts in Newport News VA, and evidence of steady, even temper and dull predictability is helpful. Long tenure in one residence and one job is very helpful, and in contrast a series of jobs, or of addresses, hurts.

Possession of former family home is helpful, as it affords the children some continuity and it counts more if the children have not left it.

Unselfishness, or ability to place the child’s needs first will be given considerable weight by the courts in Newport News VA when determining which parent will receive custody. We have recently come through a decade that glorified selfishness, and invented scores of euphemisms for it, but it is a quality that judges frequently zero in on – especially in the all-too-frequent case where the parents seem equally fit and a tie-breaker is needed. Many close custody decisions today turn on which parent demonstrated a tendency to place other interests — usually career or new romantic relationships — ahead of the child.

New romantic relationships can be a factor in a parent not being granted custody by the courts. Also, there is a definite line between the mere taking on of a new partner — which is usually approved as showing a healthy realism and re-stabilizing influence — and sexual conduct witnessed by the child. Adultery, fornication or cohabitation in the same household where the child is staying – even if the child does not witness it – is frowned on by judges, and sometimes by the other parent.

Child custody is decided based on “the best interests of the child” in Virginia. The real sub-criteria of this decision seem to be essentially these:

Employment, stable and consistent, is a major factor used by the courts to determine which parent receives custody of the child/children in Newport News VA.

This can present a problem for active duty military at times though, and the deployment status of the parent will be given consideration. Also, it is better to have employment, though not employment that creates a child-care problem. The parent having a job with flexible hours and near the child has a definite advantage.

A consistent plan for the child should be made prior to the custody battle. The parent who wants to win a custody contest should always tell the judge that he or she has a daily plan covering every minute of the day, with no gaps in child care during which the child would be alone somewhere.

Tendency to afford full contact with the other parent and foster good relationships between the children and the other parent will be closely looked at by the judge in Newport News VA when making a custody determination.Attacking the other party in a trial shows the judge a poor prognosis as to this point. Thus it should, to the extent it is avoidable, be avoided in favor of showing the advantages of the client retaining custody. You should be able to say something good about the other parent and something disadvantageous about yourself.

You will also want to be able to describe what visitation you would want to afford the other parent were you to gain custody, and what visitation you will desire if you are not granted custody.

Being the primary caregiver during the child’s early years, is a big plus for the parent seeking custody of their children in Newport News Courts. If the child has special needs, the court will almost always grant custody to the party that has been providing care.

Assuring the child’s safety may seem like a no brainer, but the Judge in Newport News VA does not want to take the risk of harm coming to a child. The parent who can provide the child with a safe and secure neighborhood, a safe walk to school, fenced yard, detached house, etc., will gain favor in a custody hearing.

Continued contact with extended family, should be given more consideration than it does in Virginia Courts, however it will be looked at heavily in cases where one parent may be active duty military. Continued contact with the extended family — especially grandparents, and more especially the in-law grandparents — is an important part of ensuring that the best interest of the children is met. Remember, many judges are grandparents themselves.

Larger living quarters can be a plus and a parent seeking custody of their child should certainly make their Divorce Attorney in Newport News VA ware that they have a larger home for the child.Though courts constantly say that they avoid comparing the material advantages, their decisions show that they favor a large home — particularly one with a separate bedroom for the child.

The child’s performance and stability while with each parent will also be given great consideration by the court system in Newport News VA.How the child’s grades and other measures of performance change when with each parent is important in determining the child’s best interests.

The child’s preference, depending on age, will be given consideration, and this is typically done through the Guardian Ad Litem appointed by the court in Newport News VA to represent the best interest of the child. Above age 13, the judge will probably regard preference as controlling. Age 8-13 judge will probably want to interview a child. Judges may occasionally be curious to meet children ages 6-8 for special reasons.

Filed Under Family Law Tagged With Attorneys, Divorce, Guidelines, Newport, news, VACustody

Seattle Family Law: Mediating the Terms of your Divorce

August 12, 2010 By Law Library Leave a Comment

Seattle family law cases are governed by the rules of King County Superior Court. Under those rules, parties must attempt to mediate before going to trial. A family law mediation usually takes place at the office of a third-party, neutral Seattle family law attorney with whom the parties contract to help resolve the issues of their case. This attorney must be experienced in the nuances of Seattle family law so that he or she may advise each side as to how a judge is likely to rule if the case went to trial. The parties usually remain separate from each other during the mediation, and the mediator travels back and forth between each party’s station with offers and counter-offers from each side.

Not all counties in Washington State require mediation. Nevertheless, it is generally a good idea to at least attempt mediation before incurring the stress and expense of trial. Paying a Seattle family law lawyer to appear at trial can be very costly, and court trials are quite stressful. Furthermore, when parties separate, there is usually already a lot of stress in the relationship. The parties do not make good decisions about one another and sometimes hold onto animosity that keeps them from making agreements. Unfortunately, this stalemate can lead to less than desirable consequences, and your lawyer will have to charge you to argue for you in court.

However, it is also not wise to jump to settlement too soon. Often parties in Seattle family law disputes “just want things to be over” and will settle before making an informed decision. The Seattle family law attorneys at McKinley Irvin can help you assess your divorce case and help you get it resolved in a way that is fair to all parties. Our Seattle child custody, divorce, modification, and adoption lawyers understand the emotional challenges of divorce and can help you by being a clear thinker during an unclear time. Give us a call and come in for a consultation on your Seattle family law case today because divorce doesn’t have to be a nightmare.

Filed Under Family Law Tagged With Divorce, Family, Mediating, Seattle, Terms

Consulting A Mn Divorce Law Firm May Just Get Your Marriage Back On Track

August 5, 2010 By Law Library Leave a Comment

Does this sound like an oxymoron? It certainly seems impossible, yet if you are in a situation where you feel like your marriage cannot be salvaged then you cannot even fathom how anything could keep your marriage together. Consider making an appointment with a divorce lawyer as a final effort to fix the state of your relationship.

The word “divorce” certainly feels like a bad word as it exits your mouth. It also has a ring of finality to it. Having a meeting with a divorce attorney feels even more final, as if there is no turning back at that point. But this couldn’t be farther from the truth. The reality is that there is always the opportunity to turn back and not go through with a divorce. In fact, most states have a specific waiting period before a divorce can be deemed final, and therefore, legal with the hope that at least some couples with withdraw their divorce petitions and work things out. Visiting a MN divorce law firm may be the very thing your marriage needs to get back on track.

First, when you go to a MN divorce law firm and sit down with a divorce attorney, the reality begins to sink in. It is no longer a threat, but something that may and probably will actually happen, which means that you are beginning to truly imagine your life without your partner. It may cause you to think back to your happier times and all the reasons why you fell in love with your spouse in the first place. You may have some recent bad memories, but you probably also have months and years of many wonderful memories together. Those tend to flood back when you are preparing to say your final goodbyes to your relationship. Think about those memories, what made them so special and whether or not you really want to give that all up. This appointment with the attorney may very well put things into perspective for you.

When you are at the MN divorce law firm meeting with a divorce attorney, you should talk about why you are there. What are the reasons that you are considering filing for divorce? There are many reasons why marriages end in divorce, such as infidelity, arguments due to finances, or differences in how to rear your children, to name a few. As you sit there, you must again decide if the strain in your marriage is important enough to break up your relationship forever. This may be the first time you start to think about ways you might be able to work together on repairing your relationship and forgiving each other for past bad behavior.

Divorce attorneys see all sorts of relationship problems every day as their office deals with separation, divorce and custody issues throughout the day. This also gives these attorneys some insight on relationships that may or may not make it in the long run. Many a MN divorce law firm has a large number of marriage and family therapists to whom they can refer you to see if marriage counseling may help resolve your differences. This is always a good step to take before making the final decision to get a divorce. This little nudge with a marriage counseling referral may be exactly what you and your spouse needed to work through your problems.

Marriage is hard and it takes work. A married couple will not always see eye to eye on things and sometimes not handle situations in the best way. But the institution of marriage is important, especially when there are children involved. Couples should be willing to do anything to make their marriage work. As off the wall as it sounds, a visit to a MN divorce law firm may be just the thing to put it all into perspective and remind you why you fell in love and got married in the first place.

Brown Family Law is a MN divorce law Firm of experienced divorce lawyers and attorneys focusing on Divorce and Family Law cases. Our Attorneys represent clients throughout Minneapolis and the Twin Cities area. Call or contact us or visit our Blog – http://www.mnfamilylawblog.com/ – for advice and guidance in contested divorce, uncontested divorce, child custody cases, child support, and more.

Filed Under Family Law Tagged With Back, Consulting, Divorce, Firm, Just, Marriage, Track

Rhode Island Child Custody Law

August 1, 2010 By Law Library Leave a Comment

The Rhode Island Family Court judge utilizes the “best interest of the child” standard in Rhode Island Child Custody and Child Visitation cases. The Factors a Family Court Judge should use in making a “best interest of the child” determination are set forth in the seminal Rhode Island case of Pettinato v Pettinato, 589 A.2d 909 (R.I. 1990)

Child Custody, Visitation and Placement issues are usually determined by the RI Family Court in Divorce , Post Divorce, Paternity, DCYF, Family Law, and Child Custody Cases.

The Judge of the Rhode Island Family Court can award either sole legal custody to a parent or may award Joint Legal Custody to both parents. The issue of legal custody is completely independent of the issue of visitation. RI Visitation Rights are beyond the scope of this Rhode Island Law Article. Please Consult with Rhode Island Child Custody Lawyer David Slepkow about the facts of your case.
Sole Legal custody

Sole Legal Custody means that a parent can make all important and major decisions concerning a child’s health, welfare and upbringing without consulting with the other parent.  These major decisions include religious, educational, medical and general welfare decisions. The parent with sole custody of the child will also have physical placement of the child. The parent with sole legal custody has complete access to medical, educational and other records related to the child.

Joint Legal Custody

Joint Legal Custody means both parents should be involved in major / important decisions concerning a child’s upbringing, education, medical and religious welfare. Theoretically, both parents with joint custody have equal rights in making important decisions regarding their child or children. Both parents have full rights to access all medical, educational and other records pertaining to the child. In order for joint Custody to be feasible, the parents must have some level of communication and respect for each other to allow them to co-parent.

Physical Placement – Physical custody

The Court must also award to one parent physical placement of the child or children. Physical placement is where the child will be living on a day to day basis. Physical placement is also commonly known as “physical custody” The parent who does not have physical custody of the child will have reasonable visitation rights. The parent with physical placement of a minor child has the right to receive Rhode Island Child support from the parent who has visitation rights. Child Support is typically determined by the Rhode Island Child Support Guidelines

Shared Physical Placement

Shared Physical placement (Shared Physical custody) is when the child splits time residing with both parents.  Shared Physical placement is relatively rare in Rhode Island. In some instances the child may be placed with one parent for half the week and then the other parent the other half of the week. Some parents will alternate weeks or months. This type of arrangement is usually only done by agreement of the parties and is rarely ordered by the Court Absent an agreement.

Split Physical Placement

Split physical Placement is when one child lives with the father and one child lives with the mother. It can also be when the children are split in away so that at least one child lives with a parent and at least one child lives with mother.
If the Parents cannot agree to Legal Custody, Physical Placement or Visitation, then The RI Family court must determine what is in the “best interest of the child” This is very subjective and analytical standard.

It is advisable to contact a Rhode Island Divorce Lawyer or a RI Family Law Attorney to get legal advice concerning the facts and circumstances in your case. There are 8 basic factors that the judge should look at in determining the best interest of the child. These factors are used by the court in determining both physical and legal custody of children

must be made in the ‘best interest[s]‘ of the child.” quoting Petition of Loudin “[T]he best interests of the child standard remains amorphous and its implementation has been left to the sound discretion of the trial justices.” Id. Several factors must be taken into consideration by the Judge in making a best interest of the child determination. However, no single factor is determinative; rather “[t]he trial justice must consider a combination of and an interaction among all the relevant factors that affect the child’s best interests.” Among the factors the court must consider are the following:

1. The wishes of the child’s parent or parents regarding the child’s custody.
2. The reasonable preference of the child, if the court deems the child to be of sufficient intelligence, understanding, and experience to express a preference.
3. The interaction and interrelationship of the child with the child’s parent or parents, the child’s siblings, and any other person who may significantly affect the child’s best interest.
4. The child’s adjustment to the child’s home, school, and community.
5. The mental and physical health of all individuals involved.
6. The stability of the child’s home environment.
7. The moral fitness of the child’s parents.
8. The willingness and ability of each parent to facilitate a close and continuous parent-child relationship between the child and the other parent.”  Pettinato v. Pettinato, 582 A.2d 909, 913-14 (R.I. 1990).

In many contested child custody cases, Professionals such as Social workers, Therapists, Psychologists, and the Guardian ad litem for the children may play a major role.

Rhode Island Attorneys legal Notice per RI Rules of Professional Responsibility:
The Rhode Island Supreme Court licenses all lawyers / attorneys in the general practice of law, but does not license or certify any lawyer or attorney as an expert or specialist in any field of practice.

Filed Under Family Law Tagged With Child, Custody, Island, Rhode

How Do Child Custody Laws Help Kids

May 9, 2010 By Law Library Leave a Comment

Child custody battles, and the ensuing oversight of law enforcement in the child’s upbringing, can feel like unwarranted intrusion into family matters. However, child custody laws are designed with the child’s well being in mind and, where warranted, most children will benefit from state intervention. The primary aim of any child custody judgement is to secure the safety and wellbeing of the child, for this reason alone child custody laws protect and safeguard kids.

Child custody judgements come in a variety of forms which generally depend upon the makeup of the family and the circumstances of the judgement. Lets take a look at the two most common court judgements and ask: How do child custody laws help kids?

- Joint custody. In the event that both parents or guardians of a child or children demonstrate a willingness and practical ability to care for the children jointly a judge will favour a joint custody ruling. This decision essentially awards both parents / guardians joint legal and physical custody of the children, and is therefore subject to the partners agreeing some kind of schedule to share time with the kids.

- Sole custody. In the event that joint custody is objectionable due to geography, accommodation or, in extreme cases, forms of abuse or lawlessness by one or both guardian’s; sole custody will be awarded to one parent, or grandparent. This entails the guardian taking full legal and physical responsibility for the child. To off-set this, a judge may award visitation rights to the absent parent or, if the separation is amicable, will advise the couple to establish their own visitation schedule.

The use of these two key judgements, when combined with the visitation rights consideration, provides a simple but powerful set of rules to govern a parent’s access to their children. It should be remembered that a judges prime directive is to take whatever action is most beneficial (or least damaging) to the child and so will always favour a joint custody decision if it is practical and safe.

Child custody laws are, by their nature, enforceable by the court. This adds another level of protection to the child in that once a court decision has been made, a parent can petition law enforcement to take action if the terms of the ruling are being ignored.

This can take many forms, such as: A parent who has lost legal custody of their child demanding time beyond their visitation agreement. A legal guardian not fulfilling their duties to protect and care for the child. A partner not fulfilling their half of care for the child if a joint custody agreement has been reached, and so on.

In any situation where child custody is considered by a judge, the primary factor that all other concerns are weighed against is the overall welfare of the child in any given scenario. It should be clear then, that whatever custody arrangement is chosen, the choice is likely to be the most beneficial one for the child.

Filed Under Family Law Tagged With Absent Parent, Child, Child Custody Battles, Child Custody Laws, Court Judgements, Custody, Extreme Cases, Family Matters, Guardians, Help, Joint Custody, Joint Legal And Physical Custody, Judgement, Kids, Lawlessness, Laws, Prime Directive, Share Time, Sole Custody, State Intervention, Unwarranted Intrusion, Upbringing, Visitation Rights, Visitation Schedule, Wellbeing
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