Who Keeps the Kids? Quick Guide to Custody Laws

 

Couples will often have quite a few questions during separation, including who will end up with custody of the children. This is one of the most complex areas of the legal system as parents can take full or partial custody for a wide variety of reasons. Here is a quick and easy guide to some of the steps the court will take to determine who receives custody.

 

The Basics of Custody

While a custody battle can play out in several different ways, parents should remember that the mother gets exclusive custody in almost 80 percent of all cases. While this may seem hopeless, any parent who feels as if they are not receiving their fair share of custody or that the finances are not being handled properly should seek out immediate legal help. A lawyer who has experience with custody cases can ensure that this process is as stress-free, affordable, and fair as possible.

 

Types of Custody

Having custody means that the parent will be responsible for decisions concerning that child’s well-being, education, religion, and health. There are four types of custody in Canada including sole, joint, shared, and split. Sole custody means that one parent is completely responsible for the health and well-being of the child, while shared custody means each parent is at least 40 percent involved. With joint custody, parents have some say with their child and split custody means that one parent has full custody over some children while the other parent has custody over the other children.

 

Residence, Access, and Visitation

Unlike custody, access and visitation means that a parent is allowed to inquire about their child’s development and health as well as spend time with them. Visitation rights are almost always given to a parent unless there are signs of abuse or neglect. The primary residence is where the child legally lives and spends most of their time. This address is often used to determine choices such as where that child will go to school or engage in after-school activities. If your soon-to-be-ex spouse is threatening to prevent you from seeing your children, consult a divorce attorney from companies like Valerie M. Little Law Corp so you can fight for your visitation rights.

 

Other Important Factors

While all of these laws will help to determine where a child is and who is caring for them, the judge is always going to be looking for the best possible environment for the child. Until that child comes of age, parents do have the option for changing custody if they feel their child is not being raised in the best manner possible.

 

Parents should never attempt to navigate a separation on their own, especially if children are involved. An experienced attorney can help parents receive the proper custody and create the best environment possible for the child.

 

Categories: arbitration, custody, divorce, divorce lawyer, exclusive custody, shared custody, split custody, visitation

Divorce Made Easy: Top Secrets to Ending Your Marriage Amicably

 

While the National Vital Statistics System shows a reduction in the number of divorces since 2000, it still occurs at a rate of 6.8 people per thousand. However, not every divorce needs to culminate in a petty, acrimonious court battle. If you want to end your marriage and preserve your friendship with your spouse, there are several actions you can take to ensure your divorce is as friendly as possible.

 

Hide Nothing from Your Spouse

Not only is hiding assets grounds for continued civil court action, it can easily erode your partner’s trust in you. If hidden assets are discovered, they may begin to wonder what else you are hiding and distrust your word. Whether it’s a huge retirement fund or a piddling savings account of only a few hundred dollars, never try to hide money in a divorce. The same can also be said about goods of value such as antiques, firearms, coin collections and jewels. Talk out a fair division of property instead of attempting to conceal something.

 

Set Aside Anger and Blame

It doesn’t matter if your spouse cheated or broke promises. What matters is getting the divorce handled fairly so both of you can move on with your lives. Get a firm grip on your emotions and try not to descend into screaming battles or cutting remarks. If you are both committed to an amiable resolution, such emotional outbursts will only serve to undermine your goal.

 

Get a Good Attorney

For a friendly divorce, it may not be necessary for each spouse to hire a lawyer. If you’d like to use one attorney from Rutter and Sleeth Law Offices or another specialty firm to help you file the paperwork, plenty of states allow one lawyer to represent both people. Find an attorney experienced in divorces to ensure he or she will be familiar with the process and able to answer any questions you may have.

 

Remember That Children are Not Property

For some couples, the urge to try to ‘split’ the children between them causes a huge rift. While it is certainly possible for two adults to share children and not share a household together, this will require negotiation and fairness. Think about what will be best for the kids and what you can do to make the transition easier. Some couples decide to stay in the same school district so the kids can go back and forth between their parents as they choose. Others may decide on a fair schedule that allows plenty of time with the non-custodial parent on weekends, over the summer and for half the holidays.

 

An amiable divorce is possible, if you and your spouse are willing to be mature and honest. These tips will help you navigate through your legal separation and emerge with your friendship intact.

 

Categories: civil court, custody, division of property, divorce, divorce lawyer

Divorce Mediation: The Better Alternative for Everyone

When you and your spouse decide to end your marriage, you both may want to keep your case out of a courtroom setting. You may want to spare your children and yourselves the pain and embarrassment of having your divorce hashed out and settled in a public venue. When you both want the details of your marital dissolution to remain between you two, you can accomplish this goal by opting for divorce mediation. By choosing mediation, you and your soon-to-be ex-spouse can settle all of the pertinent matters regarding your divorce discreetly, and in a legal and final manner.

 

Mediation is Quiet

One of the primary benefits to mediation is that this process is discreet. Unlike divorce trials, the public cannot attend your mediation session, and no one will know what you discuss with the mediator unless you tell them. The mediator has an obligation to you and your spouse to keep the details quiet and to make sure that you both can work confidently in this process to achieve the settlement you both want.

 

 

Mediation is Much Cheaper

It can be very expensive going to divorce court. You have to pay court fees, along with lawyer fees, before your divorce can be settled. When you opt for mediation, you can save a lot more money. Mediators charge less than judges do, and in most cases, the fees can be split between you and your former spouse. You can avoid paying huge fees associated with most divorce court appearances.

 

Finding a local divorce mediation lawyer does not have to be difficult. Performing an online search by inputting what you’re looking for can be simplified to area results quickly. An example would be inputting “Manchester NH divorce mediation lawyer,” and you can obtain several pages of results for lawyers that provide these services in that area. This also allows an individual to perform an online navigation of these lawyers, and read about them when searching for the attorney to represent them.

 

Mediation is Entirely Legal

You and your spouse may have believed that your divorce would not be legal until the judge rules on it in a courtroom. While a judge will indeed rule on your divorce before it is granted, the mediator can outline your agreement with your spouse and document all of the settlements in legal and official documents. These documents will be forwarded to the court, which will then rule in your case.

 

 

A mediator, in fact, is in most cases a retired judge or some other court official who is closely affiliated with the legal system in your area. This person is not a lay person, so to speak, but rather is someone who is well versed in divorce law and knows how to settle these cases in a manner that suits you and your spouse.

 

Mediation Allows for Agreements

One of your biggest concerns while going through your divorce may center on child custody and the division of your marital assets. You do not have to go to court for these matters to be decided on in most cases. A mediator can help you both negotiate a fair agreement and then document that agreement in legal documents.

 

 

You can keep your children out of the courtroom, spare your family from having to testify in the case, and be assured that your agreement is legally binding. If you want to change it after the mediation session, you or your ex-spouse must request another mediation session or request an appearance before the judge that rules your case.

 

 

When you want to settle your divorce in a legally binding, yet more discreet and affordable way, you can opt for divorce mediation. Mediation offers all of the legal benefits without having to go before a judge or enter into a courtroom.

 

Legal writer Lisa Coleman shares the benefits of divorce mediation when there are no alternatives and a marriage is at the end. She recently read online about NH divorce mediation and how a divorce mediation lawyer can help assist in the process and be the healthier option for all parties involved.

 

 

Photo Credit: http://www.flickr.com/photos/chrisopics/3758471956/

Categories: case nbsp, divorce court, divorce lawyer, divorce mediation, family wellbeing, legally binding, Marriage, mediation, mediation lawyer, mediation session, mediator, nbsp mediation