Interstate Child Custody
Posted on September 19, 2008
Filed Under Uncategorized, child custody | Leave a Comment
After a divorce, both people may decide to live as far enough away from each other as possible. However, with a child involved, certain details become complicated. It will be much harder for the child to see each parent on a regular basis due to the distance between both houses. The rulings will be supported in the state that the child custody was first introduced. For example, if both parents divorced in North Carolina, and the mother moved to Virginia while the father stayed behind, then the custody jurisdiction would still be in North Carolina. By the mother moving to Virginia, it will not help her case very much even if she was awarded with sole custody.
If there is no custody order granted, it is very likely that the parent who lives farther away from the child's previous home will not be granted custody. In order for the state to be considered as the child's 'home state', the child has to have lived there for 6 months prior to the custody case. There are often times when the other parent lives in another country. If no court order has yet been determined, it is not wise to let the child go overseas without an order documented. In such countries as Germany, they value their citizens much more than the parents from other countries so the ruling will go in favor of the parent in Germany.
It would also be wise to hire a lawyer in both states. Even if your family lawyer is presenting your case in the state of the jurisdiction, obtaining one in the other parent's state would be a good idea as well. This way, you have protection on both sides if the jurisdiction state were to change. The jurisdiction will stay in the state that it is first appointed, until the parent moves or if the jurisdiction expires. Even if your child's other parent lives in a state away, you should still not send them until a court order has been issued. Which ever state the child is in at the time that the issue is presented, will more than likely be the home state even if the child has not lived there long. Unfortunately, each state is different and the courts in both states will not work together on the issue. It is up to your lawyer, or lawyers, to present your case for your benefit.
Child Custody for Dads
Posted on September 16, 2008
Filed Under Uncategorized, child custody | Leave a Comment
The issue of child custody rights for Dads have always been an issue. The child's well being is always considered above all. The judgment of child custody usually depends how traditional the judge is. Many people feel that the child should be with the mother on an every day basis if they are very young. However, no matter which ruling is stated, it is still believed that the father should be apart of the child's life.
There are certain circumstances when the father is not responsible enough for sole custody or joint custody. Visitation rights are then enforced. In order for the father to be awarded custody, the court must see that he has a safe home where the child can stay. If the mother is well fit then typically joint custody is awarded. When the mother and father can work together, they can come to an agreement about when the child will be with each parent. The father is usually the one the child goes with every other weekend while the mother keeps the child the rest of the time.
If the child primarily lives with the mother, even if the father has joint custody, then the father is responsible for child support. Usually, even if the mother makes more money than the father, the father is still responsible to take care of the child financially. The court will base the child support on the father's income. There are often times when the mother does not want the father to be granted child custody rights. When the father is the reason for the divorce, this is usually the issue. However, if the courts cannot find a reason that the father should not be granted joint custody, or visitation rights, then the ruling will be granted in the fathers favor.
Countries all over the world have started Father's Rights Movements. There are multiple laws enforced in each country that support father's rights for child custody. It varies from country to country, but overall the laws are the same. Several countries do not have as many laws enforced for fathers like the US has. In 2006, Australia made the law that fathers should be allowed to have joint custody. Obviously, fathers have not been highly thought of when it comes to their children's lives. Hopefully, with the support of the court, fathers all over the world can gain the respect that many of them deserve.
Child Custody for Unmarried Couples
Posted on September 15, 2008
Filed Under child custody | 2 Comments
Our world today is no longer as traditional as it once was. It is now very common for a couple to become pregnant before marriage. Unlike years ago, it is also becoming very acceptable in society. A child involved in a separation is complicating enough. If the couple is not married, then the issues become even more difficult to understand.
If the child was born before the parents were married, then the mother is considered the sole guardian. Unless the mother signs a 'Statutory Declaration', which names the father as a guardian as well, then the father will have to apply for guardianship through the courts. Guardianship and custody are two different things, but they can both be confused for the same thing. Guardianship means that the person is considered a legal parent to the child. Custody is when the parent has the legal right for the child to stay at their house and for the parent to make important decisions regarding the child. If a father seeks custody, he does not have to be approved for guardianship first, but it will help his case.
Because the couple is not married, the courts tend to favor the mother in regards to custody. If the couple was married, then the case would become a battle and would be a very different story. This is the main reason many couples decide to stay unmarried. If they were to separate, with no marriage involved, then it would be a much easier task compared to if they were married.
There are certain circumstances where the mother decides she does not want guardianship of the child. If this were to occur, and the child was placed for adoption, then the father could still apply for custody of the child. The well being of the child will be highly considered when the courts make the decision. If the child is already in the hands of the adoptive parents, then the length of time that the child has been with the family will also determine the ruling.
Those who are seeking custody of the child will have to apply at their local District Court office, or the office of the County Clerk. They will then be asked to submit an application that will be reviewed. The application will also be served to the mother if she still has custody, or to the adoptive parents. If one decides to seek custody, it is also recommended that they seek advice from a lawyer. We would like to think that we can handle our own battles without spending money on legal help, but a lawyer can give you advice that you may not have thought of otherwise.
Reversing child custody
Posted on September 14, 2008
Filed Under child custody | Leave a Comment
Being awarded with child custody is a very difficult task. In order to obtain custody, one must spend a large amount of money and spend several grueling months in a court battle. One interesting fact is that reversing the custody is even more difficult. Once the courts have made a decision as far as custody, and the child begins living their life with the routine, the court does not like having to interrupt the child's life. If the child's life is in danger with the present routine, or if they are not being taken care of, then the chances of reversing the custody are greater.
The first step is to arrange a meeting with your lawyer. You both can then sit down and organize your points of battle. In order for this reversal to happen, you must bring forth every possible piece of evidence to the judge that could win your case. Keep in mind that the other parent will also have valuable evidence prepared as well. Child custody forms will help you with this process. By writing down all of your evidence and giving examples, it will help your case seem more concrete. There are also examples of past custody case evidence for you to go by on the forms. Hard evidence is important because the judge will dismiss any evidence that seems like hearsay. The reversal of child custody does not always involve two parents. There are certain circumstances when a parent will adopt a child and then decide that they want to give up their rights. While it is a very horrible thing to comprehend, this does happen and the child will be forced back into the foster care system.
No matter which situation the reversal is occurring in, many courts will require a consultation with a psychologist before continuing with the case. Since the child's life will be interrupted and possibly scarred permanently, the courts want to make sure that the issues cannot be solved with the help of a mental expert. In many areas, it is required by the courts for the family to seek help from a psychologist. Even if a reversal process was not taking place, any family should go through a counseling process. It helps the child get their feelings out. Many children will speak their mind more freely with someone who is trained in child psychology, than in the presence of their parents.
Facing The Battle With Your Illinois Child Custody Lawyer
Posted on August 29, 2008
Filed Under child custody | Leave a Comment
Low Jeremy asked:
If you're from Illinois and having problems in divorce situations that resulted to a child or children custody battle, better read this.
When you are about to put your marriage in separate directions, you must expect that it's a long way to go. Certainly, ending your marriage in divorce can cost you to have the task of the equal sharing of properties and as well as you're most prized possession – your child or children.
It's very difficult to understand how to cope in a child custody battle. A marriage that ended in divorce can be the start of a legal battle on whom to keep the child or children. Since the couple is separated, the issue of bitterness is still very much alive on each part when they are about to have the custody of the child or children.
For in part of having the custody of the child or children, divorced parents are looking for experienced individuals with regards of child custody. In the state of Illinois, there are lots of good lawyers that can help you fight for your rights. It's your way to find a good lawyer that will suit your needs.
Precisely, a lawyer must be consulted before any action is taken so as to keep respect regarding to child custody. You must consult your lawyer about all the issues including jurisdictional options and requirements. Your lawyer will base the action intended with respect to the law that protects the child's or children's best interest. Since the troubled parents are facing different hardships, they must give way to what is the best for the child or to the children.
Accordingly, your preferred Illinois lawyer will tell if your case can be heard pursuant to the following types of proceedings:
• If the case is under the Illinois Marriage and Dissolution of Marriage Act (IMDMA) which is part of the dissolution or in legal separation procedures.
• If the case is under the Illinois Marriage and Dissolution of Marriage Act (IMDMA) which is a part of an independent action, even though both parties are never married to each other.
• If the case is under the Illinois Parentage Act of 1984 in a move to set up parentage.
• Under the Juvenile Court Act of 1987, if the child has a case that includes situations like delinquent, neglected, and abused.
• Under the law of Probate Act of 1975, when care of the child or children is wanted.
• Under the law of the Adoption Act, pending the termination of both parental rights and temporary child custody.
In determining your rights to be heard, your lawyer will take the necessary actions in order to make the case settled as soon as possible. Moreover, your Illinois child custody lawyer will determine if the case will be prosper under certain conditions. An Illinois court will tell if the case will be heard if it's under any one of the three situations and these are the following:
• If the state of Illinois is the home of the child at the time of the beginning of the proceedings or if the state is the child's home within 6 months before the start of the proceedings. The child is not living anymore within the state as long as one of the parent or an individual acting as parent continues to reside in Illinois.
• If one of the parents has important connection with the state and interest of the child concerning the future care, training, protection is available in the state of Illinois.
• If the child is physically present in the state of Illinois and abandoned or mistreated and neglected.
• If the case appears when another state declined to apply its jurisdiction on the ground that only the state of Illinois is the place to take the appropriate judgment.
Finally, in resolving your case to whom the child rightfully belongs is just another phase of the process in divorce or in legal separation. With an involvement of an Illinois lawyer, their knowledge about the state's child custody laws will surely help your case. Their helpful advices can help you to fully understand different options to bring the best interest to you and your child.
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