When Should Fathers Exercise Their Child Custody Rights? by Daniel Rosenberg

When Should Fathers Exercise Their Child Custody Rights? by Daniel Rosenberg

Exercising your child custody rights, as a father, begins as soon as you decide to terminate your cohabitation with the other parent. Determination of new living arrangements and scheduling of a shared custody agreement can and should be enacted consensually whenever possible. It can be tempting, while immersed in an emotionally fueled termination of a relationship, to want to escape and let the outcome decide itself without much regard for the

Exercising your child custody rights, as a father, begins as soon as you decide to terminate your cohabitation with the other parent. Determination of new living arrangements and scheduling of a shared custody agreement can and should be enacted consensually whenever possible.

It can be tempting, while immersed in an emotionally fueled termination of a relationship, to want to escape and let the outcome decide itself without much regard for the future. But, this is the best time (as hard as it may be) to come to some favorable resolution with the other parent, where both parties agree on the terms of "what is deemed to be fair and reasonable" regarding the children's living arrangements and a shared custody agreement.

Is there a way for a father to exercise his child custody rights "after" custody has already been granted?

Yes! But there may be some stipulations set forth by law.

For instance:



Divorced fathers often wonder if there is a time limit before they can exercise their custody rights and go to court in order to try and regain custody of their children.



A change in custody is regulated by the laws of the state; these laws also oversee the "modification of custody" requirements and how soon custody can be challenged once it is placed.

Fathers seeking custody of their children should seek legal guidance, specific to the state in which they live, to insure that they are in compliance with all state custody demands, and are aware of any timetables or schedules that must be adhered to.

Most states allow a modification in custody when the "parent with custody" has a change of circumstances in their life that could adversely affect the children. This could include living conditions, new relationships, neglect, or any negative influence upon the children that has gone unaddressed or unmanaged.

Unfortunately for the challenging parent, the parent with custody must be "proven" to be, in some way, a detriment to the children while they are in their custody. It is not a determination any longer of which of the two parents can provide a better living environment. This was determined when settling the divorce.



This is the main reason it is imperative that fathers exercise their child custody rights from the very beginning.

What is the criteria for a "custody modification"?

Very simply, the judge presiding over the custody hearing will be considering only two reasons to approve a modification.





Why do the children need to be removed from the custodial parent's care?

Is the petitioning parent's ability to care for the children deemed worthy for placement of custody?



Once again, it is very important to have proper legal counseling to get the custody modification enacted in the father's favor.



It is possible, after being presented with compelling reasons, that the judge agrees and revokes the original custody agreement and removes the children from the original parent awarded custody. But, if the judge does not find the father fulfilling the necessary criteria for custody either, he may award custody to a third party (grandparents etc.).

Overview of Family Law Issues of Child Custody, Guardianship and Wills and Successions by Andre Savoie


The world of family law deals with explosive personal issues that are very close to our hearts. This article reviews some of the core elements of family law including child custody options, guardianship issues and wills and successions.


The world of family law is very different than just about any other type of legal practice. One of the major differences is that unlike dealing with many of the business related areas in which lawyers practice - family law can get personal. These family attorneys regularly deal with issues such as divorce, child custody and support, unforeseen deaths, wills and successions. These are areas of our lives which invoke strong emotions and are not always easy to deal with.

Child Custody



The issues of child custody and guardianship are a factor of the high divorce rate in America compounded by the number of children born out of wedlock. Family law matters surrounding children involve designating custody, child and spousal support, parental rights, adoption as well as community property negotiation. And when there are kids involved, hopefully all parties can focus on the best interests of the entire family rather than strictly their own self interests.

When it comes to child custody - courts will generally choose one of the following types:



· Temporary custody - this is granted during the divorce or separation proceedings and is usually replaced with a more permanent solution.



· Exclusive custody - This is when one parent gets all of the custody rights to the child and the other parent is excluded.

· Joint custody - refers to when parents are granted some version of equal rights regarding the child's upbringing. Joint custody is usually reserved for situations where both parents are competent and able to carry about parental duties.



· Third party custody - if both parents are either incapacitated or deemed unfit, the courts can award custody to a third party and may include family members such as uncles, aunts and grandparents.

Guardianship Issues



Another issue facing parents is what to do if you do not have a trustworthy person to leave as a legal guardian or trustee for your children or heirs. When this scenario arises, guardianships can be used as a last resort.



A guardianship refers to a situation where a child or incapacitated adult needs someone to manage their assets. These are usually supervised and assigned through the court system and require extensive legal work to setup and manage, including annual accounting and restrictions as to how money can be used and spent.

Wills & Successions

Wills & successions are often thought of as "estate planning" instruments, but really they should be considered part of family law. Taking the time to plan for unforeseen events is a critical part of ensuring your family is protected and your wishes can be followed, especially if the unimaginable happens. If you want to know how important having even a simple will can be, simply ask anyone who has unexpectedly lost a family member who didn't have one!

Most people would rather not think about these events, but a good family law attorney can help protect what's most dear to you. The Maryland attorneys at The Law Firm of Annapolis have been serving families since 1998 and have staff fluent in both English and Spanish that can help you make informed decisions.

Child Support Lawyer - Know About Them by Anna Woodward

Child Support Lawyer - Know About Them by Anna Woodward


Child support is a legal action that is based on the income of both parents and is paid for the support of a child until that child is 18 or 21 of the child is in college. This article tells you all you know about it.



A child support lawyer can help take the confusion out of the process and ensure the rights that are protected. Divorce can be a turbulent experience and negotiating money, visitation and custodial issues can be difficult issues to navigate alone. A professional can help parents navigate through the state guidelines in order to understand how much compensation the non custodial parent can expect to pay.

The legal representative can also help negotiate a fair agreement during divorce mediation if the parents prefer to set their own agreement amount. The amount is based on the income of both parents and calculated so each parent is contributing towards 100% of the kid's expected cost of living which includes a portioned share of rent/mortgage, utilities, food and other expenses such as school related expenses, sport expenses and other generalized expenses such as insurance. This ideally is the protective cushion that keeps a kid's standard of living as unaffected as possible by the impact of divorce.



The court views child support as a responsibility that both parents share equally even if the couple is no longer married. It is treated separately from visitation rights because some parents feel they shouldn't pay support if their visitation is limited or nonexistent.

Enforcing visitation is a separate matter for the court to contend with and it will never impact the court's stance that amount should be paid. The legal representative can also assist in exploring every avenue to collect that support if the paying parent stops making payments. Options can include garnishing wages or placing a levy against the assets of a non paying parent, all of which should be handled and explored fully with the assistance of a lawyer.



Since this arrangement can be court ordered to continue until the kid is 21 years old if the child is attending college or stop at age 18 for non college attending children, it is important for parents to understand that it is a long term financial arrangement that will change throughout the years as the income of both parents alters.

Other circumstances that can impact this arrangement can include issues such a child living with a guardian other than a parent. Many children up living with grandparents for a variety of reasons and grandparents need to realize that the kid is still eligible for the money even if the care is only expected to be short term. Anyone who is supporting a kid and does not receiving child support can contact a lawyer and learn more about their options for enforcement.

Five Easy Steps Towards Finding Lawyers For Child Custody by Micheal Stone

Five Easy Steps Towards Finding Lawyers For Child Custody by Micheal Stone

In this article you will learn the easiest way to select a child custody lawyer that will be able to work your case effectively. By following the 5 easy steps laid out in the article, you will be able to obtain a competitive advantage over your spouse or significant other on the road towards wining your custody battle.

Years ago my wife and I decided it would be best for us to separate so that we could live life more happily. What I did not know was that she was planning on taking my children completely away from me. When I learned of this unfortunate dilemma, I was lost with no idea where to begin. I knew that I needed a lawyer, but how could I find a lawyer, especially one that I would have to trust with the future of my children at stake?

Fortunately, I ended up picking the perfect lawyer for my case and ended up with a sole custody arrangement. I followed some simple steps when it came time to pick a lawyer, and I will lay them out for you here so that any parent finding themselves in the midst of a child custody battle will not have to worry about the most important step, finding a lawyer.

Step 1: The first step in finding the right child custody lawyer is to look in your local yellow pages for law firms in the area that specialize in child custody. It is very important to find a lawyer that specializes in child custody because these types of cases are very specific. For a very specific case you need a very specific lawyer. Never forget that the future of your children is on the line, so keep on your toes at all times.

Step 2: After looking in the yellow pages for child custody specific lawyers go to your local family court and ask around for suggestions. It is a very good idea to pick a lawyer that has fought cases in the same court room as your case will be held because the judge will most likely have a small relationship with your lawyer. Child custody battles are different than any other type of litigation because they pull much more of an emotional response from the judge. Having a lawyer who is on the side of the judge can have a substantial difference in the end result of your custody battle.

Step 3: After you feel that you have collected a solid list of lawyers, approximately 5-10, then you are ready to begin setting up meetings. Before you set up your meeting make sure to sit down for twenty minutes and think of all the case specific questions you have for the lawyer. It does not hurt to ask some of these questions before you are actually paying the lawyer. These questions will also give you something to compare the lawyers with.

Step 4: After you have met with all of your candidates and asked the questions you wrote down from step 4, its time to make the final selection. Your budget is also important in this decision, but make sure that you feel comfortable with your choice because they are altering your future. Good lawyers usually win their cases, so this decision is crucial.

Step 5: Now that you have chosen your lawyer, you are well on your way towards winning your child custody battle. Make sure that you tell your lawyer everything that you feel will help your case. He will also need to know the things that might hurt your case. The more your lawyer knows, the more your lawyer can be prepared for. You do not want to have your significant other blind side your lawyer in the court room because the judge will frown upon this.

Now that you have picked your lawyer you are halfway through winning the custody of your children. Remember, your children are your future and fighting for them is well worth the effort. You need to be in your child's life, so follow these easy steps above and you will have a competitive advantage over your spouse or significant other.

Easy Alternatives to Filing For Child Custody by Micheal Stone

Easy Alternatives to Filing For Child Custody by Micheal Stone

Filing for a child custody litigation can be very expensive and time consuming. That is why there are other much less expensive options towards filing for child custody such as mediation. Mediation is quick as well as much more cost effective for the parents going through the difficult process. The article gives some quick tips towards being ready for any possible litigation or mediation in regards to child custody.

Filing for child custody can be a painful process, not only emotionally but economically. Litigation in the United States and around the world does not come cheap; you will be forced to pay a hefty price for your child custody battle. However, there are more options available to you. The most common option opposed to litigation is mediation. Mediation is a good alternative to litigation because mediation can cost fractions of what litigation will cost.

First off, mediation does not involve hiring a lawyer on your behalf. By not hiring a lawyer for your case, you are going to save lots of money. So if there are no lawyers involved then who will represent you? The answer to this question is you will represent yourself. With mediation your case will be held out of court and with no judge present. You will have to find a certified mediator; this mediator will be highly specialized in child custody litigation and will act as the standing judge of the case.

So after you and your spouse have decided you would like to give mediation a try, and you have found the proper mediator for your case, then what? This is where you need to be at the top of your game. Now that you do not have a lawyer working on your case, you will need to work on your case. Remember that the mediator is still a judge in a sense, so you will need to watch your tongue in the mediation room as well as have concrete evidence of why you should be granted custody of your child. Some of the key things that you need to remember when preparing for your custody mediation are as follows:

• Remember to keep your child out of the middle of the process. Do not talk harshly of your spouse or significant other to the child because the child will likely be present in the mediation room. The mediator could ask the child a question, and children are very likely to repeat what they have been told. Do not let this be your downfall in the mediation room

• Prepare a log of all the time you spend with your child as well as the activity that you did. This seems like a small inconvenience, but when you have solid evidence of caring for the child as well as helping him grow into and adult and your spouse does not, you will already have the competitive advantage.

• Next you will need to prepare some financial information. By making a quick rough cash budget of your earnings and how they are spent on a month to month basis, you will impress the mediator with not only your organizational skills, but with your parenting ability. By proving with physical numbers that you are more applicable to sustain the child than your significant other, you will be another step ahead towards winning your custody battle.

• Finally, make sure to be civil at all times. Do not lose your temper at any time at or near the mediation area. This is a pure sign that you're not ready for the process of raising a child, and the mediator will definitely take this lapse of judgment and use it against you if at all possible.

Now that you know what it will take to have a leg up on your competition when it comes to mediation, you are ready to begin preparing for your custody battle. Remember that a mediator has almost the same power as a judge so his or her decision can be final. Do not take the mediation process lightly. However if you do feel that the mediation case was bias or not run properly, you can appeal to have the case taken into an actual court room. Remember how ever that mediation is significantly cheaper than litigation.