Family matters are very delicate, especially when the custody of children is involved into the legal battle of divorce. In order to ensure the safety of your children and the fair resolution of your case you would need the best family attorney around. Before you go ahead, first, decide the exact services you would require from your Staten Island family law attorney. Will you need him/her to get fully involved in the case? What are all the options offered by the different ones in your list? Are they giving you alternatives to solve the case, or are they going for just mediation? Are you willing to financially exert yourself to get the best attorney, or are you dealing with a friendly divorce allowing you to relax over fee issues?
Where To Find The Best Staten Island Family Attorney?
The best family attorney can be found through Lawyer Referral Services, the Internet, ads and listings, or through the word of mouth. The American Bar Association provides lists and web links to lawyer referral services, where you will find all the attorneys registered in each state. On the Internet you will have to search different sites with links to small and big agencies or you could try popular websites like attorneyfind.com, legalmatch.com or lawyers.com. Ads and listings on the other hand will give you a better idea on what the attorneys specialize in and what they feel to be their strengths.
Among all these research methods the word of mouth will help you to take the final decision. Ask friends or relatives that have previously used the services of a family divorce attorney for example. From their experience you will be able to judge if you are about to hire the best family attorney, or just a mediocre one. Ask them how they found their family attorney and whether they are satisfied with the results.
Eric Gansberg is a family law attorneyis located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
Showing posts with label family law. Show all posts
Showing posts with label family law. Show all posts
Wednesday, May 12, 2010
How Much to Pay for a Family Law Attorney
Most attorneys' charge by the hour or on a fixed rate fee depending on what type of services the Staten Island family law attorney anticipates for you case. Either way the "total" cost of legal representation is dependent on what issues you are going to have to deal with (i.e. property, children, support, etc.).
Keep in mind that the Staten Island family law attorney retainer usually never includes 3rd party costs such as court filing fees, process service fees, parking fees and/or copies. This can cost anywhere from $350 to $400 for the initial court filing fees, $150 for personal service of legal pleadings and up to 50 cents per copy.
If you haven't filed your legal pleadings for the divorce, this may be a good place to have either a document preparer/paralegal complete it or even consider doing it yourself. Most attorneys charge up to $1,500.00 to do this and this doesn't include the court filing fees.
If finances are an issue, remember that just about all divorces start out in the same manner when it comes to what legal pleadings are filed. Hiring a document preparer/paralegal may be something to consider as it will save you money.
Eric Gansberg is a family law attorneyis located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
Keep in mind that the Staten Island family law attorney retainer usually never includes 3rd party costs such as court filing fees, process service fees, parking fees and/or copies. This can cost anywhere from $350 to $400 for the initial court filing fees, $150 for personal service of legal pleadings and up to 50 cents per copy.
If you haven't filed your legal pleadings for the divorce, this may be a good place to have either a document preparer/paralegal complete it or even consider doing it yourself. Most attorneys charge up to $1,500.00 to do this and this doesn't include the court filing fees.
If finances are an issue, remember that just about all divorces start out in the same manner when it comes to what legal pleadings are filed. Hiring a document preparer/paralegal may be something to consider as it will save you money.
Eric Gansberg is a family law attorneyis located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
The Cost of Divorce
Everyone has horror stories about the divorce process. People say that it takes years. People talk about spending huge and unexpected amounts of money on family law firms. You hear about many instances where the divorce has harmed relationships with children, family, and friends. Many find that child support payments cause them to live as frugally as students until their children’s emancipation. Post-divorce problems can linger for years, even for a lifetime.
In a mediated divorce, the two divorcing parties meet with one mediator (usually, but not necessarily a service offered by Staten Island family law firms). You meet with a family law firm a number of times. The family law firm will to address and try to resolve the issues in your divorce. Family law firms hired in this capacity do not represent either of the parties. The Vallejo family law firms must be (and must be viewed by the parties as) an impartial, objective, fair third-party.
A mediated divorce (using advocate lawyers at relevant points) is the Camry of divorces. It’s solid, safe for the most part, and it can do almost everything you want. But the collaborative divorce is like a Prius. It has the most advanced resources at its disposal. It’s groundbreaking, and it can turn a sometimes dirty process into something that is a lot better for the environment.
The premise of collaborative divorce is to resolve the divorce though a series of meetings between the clients and their respective Staten Island family law firms. These four-way meetings, are actually what the courts require litigants to do prior to the trial in a litigated divorce.
Eric Gansberg is a family law attorneyis located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
In a mediated divorce, the two divorcing parties meet with one mediator (usually, but not necessarily a service offered by Staten Island family law firms). You meet with a family law firm a number of times. The family law firm will to address and try to resolve the issues in your divorce. Family law firms hired in this capacity do not represent either of the parties. The Vallejo family law firms must be (and must be viewed by the parties as) an impartial, objective, fair third-party.
A mediated divorce (using advocate lawyers at relevant points) is the Camry of divorces. It’s solid, safe for the most part, and it can do almost everything you want. But the collaborative divorce is like a Prius. It has the most advanced resources at its disposal. It’s groundbreaking, and it can turn a sometimes dirty process into something that is a lot better for the environment.
The premise of collaborative divorce is to resolve the divorce though a series of meetings between the clients and their respective Staten Island family law firms. These four-way meetings, are actually what the courts require litigants to do prior to the trial in a litigated divorce.
Eric Gansberg is a family law attorneyis located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
Family Law Attorneys
Family Law is a specialty that not all Staten Island lawyers have experience in. If you are going through a divorce and having issues with custody you want to find an attorney that knows family law. This field of law can be complicated so make sure you find somebody that you feel comfortable with can do the right job for you. Domestic issues whether it is divorce or child custody touches just about every social class, whether you are wealthy or you are poor. This type of law deals with many issues that come up with in a marriage. You may be having an issue with your acts and getting proper custody of your children, a good family lawyer can help you with your rights.
You will also need a family lawyer who has experience to draw up the papers that you need. Also you can consult with this type of attorney to make sure you go through the right processes in finding a new child. There have also been cases where a family lawyer with needed to get involved when a child was a abducted from their biological parent.
There are many reasons that you would need to hire a family law attorney but sure you find one that you feel comfortable with. You should always check to see if they specialize in this type of law. Many lawyers have a degree but do not specialize in anything specific this is not who you want.
Remember that family law can be complicated and if you are going through divorce or dealing with child custody it is important you find a good attorney. You should not settle for the first attorney you visit, it is important to find someone that you feel comfortable with.
You will also need a family lawyer who has experience to draw up the papers that you need. Also you can consult with this type of attorney to make sure you go through the right processes in finding a new child. There have also been cases where a family lawyer with needed to get involved when a child was a abducted from their biological parent.
There are many reasons that you would need to hire a family law attorney but sure you find one that you feel comfortable with. You should always check to see if they specialize in this type of law. Many lawyers have a degree but do not specialize in anything specific this is not who you want.
Remember that family law can be complicated and if you are going through divorce or dealing with child custody it is important you find a good attorney. You should not settle for the first attorney you visit, it is important to find someone that you feel comfortable with.
Thursday, May 6, 2010
Go for the Best with Family Law Attorneys
Family matters are very delicate, especially when the custody of children is involved into the legal battle of divorce. In order to ensure the safety of your children and the fair resolution of your case you would need the best family attorney around. Before you go ahead, first, decide the exact services you would require from your family law attorney. Will you need him/her to get fully involved in the case? What are all the options offered by the different ones in your list? Are they giving you alternatives to solve the case, or are they going for just mediation? Are you willing to financially exert yourself to get the best attorney, or are you dealing with a friendly divorce allowing you to relax over fee issues?
Where To Find The Best Staten Island Family Attorney?
The best family attorney can be found through Lawyer Referral Services, the Internet, ads and listings, or through the word of mouth. The American Bar Association provides lists and web links to lawyer referral services, where you will find all the attorneys registered in each state. On the Internet you will have to search different sites with links to small and big agencies or you could try popular websites like attorneyfind.com, legalmatch.com or lawyers.com. Ads and listings on the other hand will give you a better idea on what the attorneys specialize in and what they feel to be their strengths.
Among all these research methods the word of mouth will help you to take the final decision. Ask friends or relatives that have previously used the services of a family divorce attorney for example. From their experience you will be able to judge if you are about to hire the best Staten Island family attorney, or just a mediocre one. Ask them how they found their family attorney and whether they are satisfied with the results.
What To Look For
The best Staten Island family attorney will be the one who will be professional as well as emotionally supportive. You should be able to communicate at ease with them and feel confident that they will be able to represent you in court. Good communication between the two of you should be essential and you should also be able to trust the family law attorney’s capacity to express in legal terms your wishes and concerns. Your attorney should already have experience with similar cases and should be able to give you a variety of particulars of other cases he/she might have dealt with to win the case.
Eric Gansberg is a family law attorneyis located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
Where To Find The Best Staten Island Family Attorney?
The best family attorney can be found through Lawyer Referral Services, the Internet, ads and listings, or through the word of mouth. The American Bar Association provides lists and web links to lawyer referral services, where you will find all the attorneys registered in each state. On the Internet you will have to search different sites with links to small and big agencies or you could try popular websites like attorneyfind.com, legalmatch.com or lawyers.com. Ads and listings on the other hand will give you a better idea on what the attorneys specialize in and what they feel to be their strengths.
Among all these research methods the word of mouth will help you to take the final decision. Ask friends or relatives that have previously used the services of a family divorce attorney for example. From their experience you will be able to judge if you are about to hire the best Staten Island family attorney, or just a mediocre one. Ask them how they found their family attorney and whether they are satisfied with the results.
What To Look For
The best Staten Island family attorney will be the one who will be professional as well as emotionally supportive. You should be able to communicate at ease with them and feel confident that they will be able to represent you in court. Good communication between the two of you should be essential and you should also be able to trust the family law attorney’s capacity to express in legal terms your wishes and concerns. Your attorney should already have experience with similar cases and should be able to give you a variety of particulars of other cases he/she might have dealt with to win the case.
Eric Gansberg is a family law attorneyis located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
New York and Father's Rights
Going through a difficult divorce can be a major source of headaches and heartaches for many couples entrenched in the proceedings. With a host of new legal terms to learn and legal fees to take care of, sorting through it all can be daunting. For some individuals in New York, fathers rights questions dominate their consultation with Staten Island divorce attorneys. Some men consider these issues difficult to navigate, as they may be bombarded with bad information or may grow confused by the heaps of information being thrown their way.
An attorney is often very helpful in assisting fathers in determining which rights they have and helping them to protect those rights in working towards an acceptable divorce agreement. Those interested in learning more about their rights in child custody or child support disputes should consult an attorney in their area. A Staten Island family law attorney will be helpful in sorting out the divorce proceedings and making sure their client's rights are firmly protected during and after an agreement is reached.
For some individuals in New York, fathers rights issues can be a touchy subject. There is a lot of bad information circulating that gets in the heads of many fathers, leading many of them to accept any agreement that they might be presented to them. In fact, some clients do not realize that they have certain rights in child custody and child support.
Understanding the different terms used and the possible scenarios that divorce agreements may present is also very important for fathers trying to protect their rights. For instance, many people become confused about the difference between full legal custody and full physical custody. On the one hand, full legal custody means that only one parent has the right and responsibility to make decisions regarding their children. This is sometimes the case when one parent is deemed unfit to make these decisions or to care for the children. Most couples reach joint legal custody agreements in which both parents have a right and responsibility to make these decisions.
Eric Gansberg is a family law attorneyis located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
An attorney is often very helpful in assisting fathers in determining which rights they have and helping them to protect those rights in working towards an acceptable divorce agreement. Those interested in learning more about their rights in child custody or child support disputes should consult an attorney in their area. A Staten Island family law attorney will be helpful in sorting out the divorce proceedings and making sure their client's rights are firmly protected during and after an agreement is reached.
For some individuals in New York, fathers rights issues can be a touchy subject. There is a lot of bad information circulating that gets in the heads of many fathers, leading many of them to accept any agreement that they might be presented to them. In fact, some clients do not realize that they have certain rights in child custody and child support.
Understanding the different terms used and the possible scenarios that divorce agreements may present is also very important for fathers trying to protect their rights. For instance, many people become confused about the difference between full legal custody and full physical custody. On the one hand, full legal custody means that only one parent has the right and responsibility to make decisions regarding their children. This is sometimes the case when one parent is deemed unfit to make these decisions or to care for the children. Most couples reach joint legal custody agreements in which both parents have a right and responsibility to make these decisions.
Eric Gansberg is a family law attorneyis located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
How Much Are Family Law Attorneys?
Most attorneys' charge by the hour or on a fixed rate fee depending on what type of services the attorney anticipates for you case. Either way the "total" cost of legal representation is dependent on what issues you are going to have to deal with (i.e. property, children, support, etc.).
Keep in mind that the Staten Island family law attorney retainer usually never includes 3rd party costs such as court filing fees, process service fees, parking fees and/or copies. This can cost anywhere from $350 to $400 for the initial court filing fees, $150 for personal service of legal pleadings and up to 50 cents per copy.
If you haven't filed your legal pleadings for the divorce, this may be a good place to have either a document preparer/paralegal complete it or even consider doing it yourself. Most attorneys charge up to $1,500.00 to do this and this doesn't include the court filing fees.
If finances are an issue, remember that just about all divorces start out in the same manner when it comes to what legal pleadings are filed. Hiring a document preparer/paralegal may be something to consider as it will save you money.
Each family law matter is unique, and just because an attorney charges a "flat rate" or low hourly rate, doesn't mean that you will be able to get the results that you may be seeking. If you or your spouse wants to run to court to argue each and every issue, an attorney will have no choice but to charge you additionally.
By keeping yourself informed of the legal process and choosing a Staten Island family law attorney that you believe will meet your objectives in a reasonable manner is always better than seeking one out that is claiming to be "cheap" or has a good advertising campaign promising you something that is unrealistic or blatantly untrue.
Eric Gansberg is a family law attorneyis located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
Keep in mind that the Staten Island family law attorney retainer usually never includes 3rd party costs such as court filing fees, process service fees, parking fees and/or copies. This can cost anywhere from $350 to $400 for the initial court filing fees, $150 for personal service of legal pleadings and up to 50 cents per copy.
If you haven't filed your legal pleadings for the divorce, this may be a good place to have either a document preparer/paralegal complete it or even consider doing it yourself. Most attorneys charge up to $1,500.00 to do this and this doesn't include the court filing fees.
If finances are an issue, remember that just about all divorces start out in the same manner when it comes to what legal pleadings are filed. Hiring a document preparer/paralegal may be something to consider as it will save you money.
Each family law matter is unique, and just because an attorney charges a "flat rate" or low hourly rate, doesn't mean that you will be able to get the results that you may be seeking. If you or your spouse wants to run to court to argue each and every issue, an attorney will have no choice but to charge you additionally.
By keeping yourself informed of the legal process and choosing a Staten Island family law attorney that you believe will meet your objectives in a reasonable manner is always better than seeking one out that is claiming to be "cheap" or has a good advertising campaign promising you something that is unrealistic or blatantly untrue.
Eric Gansberg is a family law attorneyis located on Staten Island, New York, and represents men and women with divorce, child support and family law throughout the New York City area, including Staten Island, Annadale, Arden Heights, Bay Terrace, Dongan Hills, Eltingville, Emerson Hill, Fort Wadsworth, Graniteville, Grant City, Grasmere, Great Kills, Greenridge, Grymes Hill, Heartland Village, Huguenot, Lighthouse Hill, Midland Beach, New Dorp, New Springville, Oakwood, Old Town NY, Pleasant Plains, Prince's Bay, Randall Manor, Richmond Valley Richmondtown, Rosebank, Rossville, Shore Acres, Silver Lake, South Beach, St. George, Tottenville Beach, Ward Hill, Westerleigh, Willowbrook, Woodrow, other areas of Staten Island, New York City, Brooklyn, Manhattan, Queens, Bronx, Long Island, Suffolk County, Nassau County, Westchester County, and Rockland County.
When to Use a Family Law Attorney
A Staten Island family law attorney can help any family with the various problems that arise throughout the lifetime of a family. Those problems can be divorce, child custody, child support, child visitation, domestic violence, marital assets, spousal support, restraining orders and much more. A family is the foundation of the United States and sometimes families just don’t get along and need to split up.
Divorce is defined as the ending of a marriage in the presence of a court to the extent that the man and woman are no longer legally bound to each other by the same last name. A divorce is not legal unless it is certified by the court and in some jurisdictions of the country, one party or the other must prove fault in the divorce case. A Staten Island family law attorney can help with divorce proceedings. Going through a divorce can be physically and emotionally draining for everyone involved, including the children, if there are any.
Divorce involves more than just the division of debt and the distribution of property between the two people involved. Divorce also involves deciding on child custody, visitation rights, child support and spousal support. All of this can be done with the help of a Staten Island family law attorney. Going through a divorce without the helping hand of a lawyer can be a daunting task and can be ultimately impossible to obtain success. The lawyer will be able to help his or her client in regards to what decisions need to be made.
Child custody is one of the most disheartening battles during a divorce because the husband and wife will use different methods of making the other look unfit to care for the children. Many people make up stories of physical and emotional abuse to tell the judge in a child custody battle. This is when a lawyer would be needed. A lawyer can help the person being accused of these horrible actions get through the allegations and present their case in an appropriate manner.
Divorce is defined as the ending of a marriage in the presence of a court to the extent that the man and woman are no longer legally bound to each other by the same last name. A divorce is not legal unless it is certified by the court and in some jurisdictions of the country, one party or the other must prove fault in the divorce case. A Staten Island family law attorney can help with divorce proceedings. Going through a divorce can be physically and emotionally draining for everyone involved, including the children, if there are any.
Divorce involves more than just the division of debt and the distribution of property between the two people involved. Divorce also involves deciding on child custody, visitation rights, child support and spousal support. All of this can be done with the help of a Staten Island family law attorney. Going through a divorce without the helping hand of a lawyer can be a daunting task and can be ultimately impossible to obtain success. The lawyer will be able to help his or her client in regards to what decisions need to be made.
Child custody is one of the most disheartening battles during a divorce because the husband and wife will use different methods of making the other look unfit to care for the children. Many people make up stories of physical and emotional abuse to tell the judge in a child custody battle. This is when a lawyer would be needed. A lawyer can help the person being accused of these horrible actions get through the allegations and present their case in an appropriate manner.
Finding the Best Family Law Attorney
Staten Island Family law disputes range from complex legal battles to the unchallenged officialising of circumstances. Though aspects may be very simple, and be included in all legal service, others can become heated and highly disputed legal battles lasting many months. While the former may be delivered by any qualified lawyer, it’s best to invest in the best family law attorney if you are expecting a fight.
Finding one isn’t just a matter of establishing a big budget for your legal battle. In fact, the first step to finding a strong attorney is to take money out of the equation.
Firstly, it’s generally not legal or advisable to use your usual family solicitor if they have previously represented any party that you will be fighting against. In the case of family law, this typically represents the other half of a marriage or a child’s second custodian. You may, however, ask your solicitor for advice in selecting a strong person to represent you.
Secondly: Choose experience and specialization. Family law encompasses a vast and varied knowledge base. Staten Island family Lawyers will use substantial reference material to help them pursue complex cases, but their overall knowledge and experience with the subject will substantially affect research time and the quality of their results. A lawyer charging an hourly rate which initially seems quite cheap may in fact take many more hours to accomplish the same as a more experienced attorney. Look for experience, specialization and then price, with an aim to balance the three factors.
Budget with your attorney. Most attorneys will be flexible when it comes to formulating payment plans, they are aware that their services can be costly and are sensitive to a clients constraints. Just because you are on a budget does not mean you can’t afford an excellent attorney, in fact it may be to your advantage to spend that little bit more. An experienced Staten Island family law attorney will prioritize workload based upon your budget and will be able to establish a far more accurate overview of case costs.
Finding one isn’t just a matter of establishing a big budget for your legal battle. In fact, the first step to finding a strong attorney is to take money out of the equation.
Firstly, it’s generally not legal or advisable to use your usual family solicitor if they have previously represented any party that you will be fighting against. In the case of family law, this typically represents the other half of a marriage or a child’s second custodian. You may, however, ask your solicitor for advice in selecting a strong person to represent you.
Secondly: Choose experience and specialization. Family law encompasses a vast and varied knowledge base. Staten Island family Lawyers will use substantial reference material to help them pursue complex cases, but their overall knowledge and experience with the subject will substantially affect research time and the quality of their results. A lawyer charging an hourly rate which initially seems quite cheap may in fact take many more hours to accomplish the same as a more experienced attorney. Look for experience, specialization and then price, with an aim to balance the three factors.
Budget with your attorney. Most attorneys will be flexible when it comes to formulating payment plans, they are aware that their services can be costly and are sensitive to a clients constraints. Just because you are on a budget does not mean you can’t afford an excellent attorney, in fact it may be to your advantage to spend that little bit more. An experienced Staten Island family law attorney will prioritize workload based upon your budget and will be able to establish a far more accurate overview of case costs.
Family Law Services
The lawyer advised the family to the first couple to use the service for family mediation. This is intended as a form of attempt to amicably resolve the various disputes referred to above and between the couple. At a meeting of family mediation, a qualified person, a mediator is appointed then, and it helps both parties, throughout the negotiations.
New York family law focuses alimony, both for children and for spouses, as well as the division of property and possession of the matrimonial home. These three articles of law overlap in many areas, including domestic contracts, the various orders, the request for custody of the child support obligation, both the father and the mother to the minors, and many other subjects. For its part, the Law Reform Law of childhood treats instead of the right of access to children of one family, and shall establish rules of filiation. As for the divorce law, it obviously applies to divorce, but also to requests for support for children and for spouses. In divorce cases, this Act can also act as the access rights granted by the Court.
In all cases mentioned above, the family members may use the services of a lawyer or a New York lawyer in family law. Both specialize in family law, and are able to intervene in all matters concerning the family. Although some couples come to smooth divorce, the vast majority of applicants living through a difficult divorce this stage what the break. This tension often leads the couple to painful confrontations. Consequently, decisions taken at that time may be regretted later. Hence the importance of using a lawyer in family law.
New York family law focuses alimony, both for children and for spouses, as well as the division of property and possession of the matrimonial home. These three articles of law overlap in many areas, including domestic contracts, the various orders, the request for custody of the child support obligation, both the father and the mother to the minors, and many other subjects. For its part, the Law Reform Law of childhood treats instead of the right of access to children of one family, and shall establish rules of filiation. As for the divorce law, it obviously applies to divorce, but also to requests for support for children and for spouses. In divorce cases, this Act can also act as the access rights granted by the Court.
In all cases mentioned above, the family members may use the services of a lawyer or a New York lawyer in family law. Both specialize in family law, and are able to intervene in all matters concerning the family. Although some couples come to smooth divorce, the vast majority of applicants living through a difficult divorce this stage what the break. This tension often leads the couple to painful confrontations. Consequently, decisions taken at that time may be regretted later. Hence the importance of using a lawyer in family law.
Family Law Attorneys
When in the middle of a divorce, the last thing that most individuals want to consider is the new legal dictionary they must familiarize themselves with. While some understanding of these new legal terms is usually required, family law attorneys in Staten Island help individuals or couples get through a divorce as smoothly as possible, with an accurate understanding of the laws that apply. Divorce does not have to be war, and ex couples rarely enjoy coming away from divorce proceedings with loads of animosity and anger. Especially when the couple has children, getting through a divorce as smoothly as possible can be very important.
Family law attorneys in Staten Island often help divorcing couples sort out many things beyond dividing their possessions and assets. They are usually called upon to assist the couple in reaching a fair child support and child custody agreement. These attorneys will work to make sure that their client's rights are protected and that they are not paying too much or receiving too little child support. Reaching a fair agreement is vital to both parties moving forward with their lives. It can also be helpful in creating a more comfortable environment for their children, instead of the hostile environment some children of divorced parents are exposed to.
Parties who are well aware of their rights usually fare much better than those who are not. Family law attorneys in Staten Island will assist their client in realizing certain rights that they may not have been aware they were entitled to. For instance, while full legal custody refers to a parent's sole right and responsibility to make decisions about their children's education, healthcare, etc., this is usually the case only when one parent is considered unfit to care for their children. Most agreements award joint legal custody to the couple. This means that both parents have a right and responsibility to the aforementioned decisions. Full physical custody does not mean what an average person may think. Full physical custody means only that the children will live primarily with one parent. The non-custodial parent still retains visitation rights and is allowed to see their children.
Family law attorneys in Staten Island often help divorcing couples sort out many things beyond dividing their possessions and assets. They are usually called upon to assist the couple in reaching a fair child support and child custody agreement. These attorneys will work to make sure that their client's rights are protected and that they are not paying too much or receiving too little child support. Reaching a fair agreement is vital to both parties moving forward with their lives. It can also be helpful in creating a more comfortable environment for their children, instead of the hostile environment some children of divorced parents are exposed to.
Parties who are well aware of their rights usually fare much better than those who are not. Family law attorneys in Staten Island will assist their client in realizing certain rights that they may not have been aware they were entitled to. For instance, while full legal custody refers to a parent's sole right and responsibility to make decisions about their children's education, healthcare, etc., this is usually the case only when one parent is considered unfit to care for their children. Most agreements award joint legal custody to the couple. This means that both parents have a right and responsibility to the aforementioned decisions. Full physical custody does not mean what an average person may think. Full physical custody means only that the children will live primarily with one parent. The non-custodial parent still retains visitation rights and is allowed to see their children.
Saturday, March 20, 2010
Family Law
Family law attorney staten island issues usually arise in the context of divorce proceedings, child custody disputes, and child protective proceedings. Child protective proceedings arise when the state, acting to protect minor children, attempts to place children into foster care, or to terminate parental rights and to place the children for adoption.
When you are filing for divorce, or if a divorce has been filed against you, you will find that there are a wide range of attorneys who practice family law, and that the fees can vary enormously between law offices. The cheapest attorney is rarely the best, but in an amicable divorce you may find that all you really need is an attorney who won't stand in your way while you negotiate a settlement. You usually will not need to spend a lot on legal fees if you are in agreement on custody and property issues.
When there are disagreements, choose your attorney staten island carefully. If possible, get references from people you know who have recently divorced. As family law is very stressful, a great many attorneys do not practice in the area, and as a consequence it is relatively easy for attorneys with little skill or experience to develop a family law practice. While the most expensive option is not necessarily the best, when faced with contested divorce or custody litigation there is some truth to the old saying, "You get what you pay for." If you try to save money by hiring the cheapest attorney you can find, you may well learn that you gave up more in property, spousal support, or rights to retirement benefits than you "saved" by hiring the wrong lawyer for your case.
Most people do not need to hire the "best" divorce attorneys staten island, or the most expensive. However, if you have a large marital estate, if you have issues of abuse or domestic violence, if the marital estate includes a family business, stock options, or shares in a "closely held" corporation, or if there are other factors which will complicate the evaluation of your fair share of the marital estate, you should consider a specialist.
When you are filing for divorce, or if a divorce has been filed against you, you will find that there are a wide range of attorneys who practice family law, and that the fees can vary enormously between law offices. The cheapest attorney is rarely the best, but in an amicable divorce you may find that all you really need is an attorney who won't stand in your way while you negotiate a settlement. You usually will not need to spend a lot on legal fees if you are in agreement on custody and property issues.
When there are disagreements, choose your attorney staten island carefully. If possible, get references from people you know who have recently divorced. As family law is very stressful, a great many attorneys do not practice in the area, and as a consequence it is relatively easy for attorneys with little skill or experience to develop a family law practice. While the most expensive option is not necessarily the best, when faced with contested divorce or custody litigation there is some truth to the old saying, "You get what you pay for." If you try to save money by hiring the cheapest attorney you can find, you may well learn that you gave up more in property, spousal support, or rights to retirement benefits than you "saved" by hiring the wrong lawyer for your case.
Most people do not need to hire the "best" divorce attorneys staten island, or the most expensive. However, if you have a large marital estate, if you have issues of abuse or domestic violence, if the marital estate includes a family business, stock options, or shares in a "closely held" corporation, or if there are other factors which will complicate the evaluation of your fair share of the marital estate, you should consider a specialist.
Wednesday, February 10, 2010
More on Non-Legal Skills for Lawyers
1. The Psychological Professional’s Role in Mediation
The Achilles heel of mediation is that, without the appropriate psychological awareness, the one thing that needs to be mediated – the client’s negative beliefs systems relating to the separated co-parent – are not properly expressed or addressed. Without dealing with the underlying causes of that negativity, the parties cannot unify behind a common positive goal. Consequently, any attempt to mediate may feel like an attempt to force agreement on the parties and so result in as much polarisation and resistance as does litigation.
By way of illustration, research undertaken by the Ministry of Justice in relation to longer-term outcomes of in-court mediation found that about 60% of agreements reached by parents had been dropped, or had broken down, by the two year follow up point – this being due to one or both of the adults not supporting the agreement rather an adaptive change to circumstances.
Further, two years after mediation, the majority of parents involved in that research continued to report a negative relationship with their co-parent that had not improved, or had worsened. At the two year follow up point, the number of children with borderline or abnormal scores for reporting psychological distress on a standardised measure remained about double the United Kingdom norm. One of the main conclusions reached in that report was that there needed to be more relationship based or therapeutically-orientated interventions, under the umbrella of public health rather than the family justice system.
2. Getting the Best from Court Appointed Experts
Due to their lack of mental health expertise, lawyers have great difficulty in effectively instructing court appointed psychiatric or psychological experts in terms that result in advice and opinion that best inform the court. Since, typically, an expert in the same field plays no part in the process of formulating the correct questions to the court appointed expert, there is a risk of the questions posed being too general and over simplistic.
Mental health care professionals working closely with their mutual clients’ legal team can play a vital role in ensuring that the court appointed expert is appropriately instructed and their reports interpreted beyond the purely clinical diagnosis. In this way, the inherent risk in such reports – that they are frequently the result of a very short involuntary clinical assessment where the risk of a negative report is uppermost in the parents’ mind when being assessed, as opposed to a voluntary doctor-patient assessment – can be addressed by the drafting of instructions and questions to the court-appointed expert which contain an appropriate level of technical insight.
The Achilles heel of mediation is that, without the appropriate psychological awareness, the one thing that needs to be mediated – the client’s negative beliefs systems relating to the separated co-parent – are not properly expressed or addressed. Without dealing with the underlying causes of that negativity, the parties cannot unify behind a common positive goal. Consequently, any attempt to mediate may feel like an attempt to force agreement on the parties and so result in as much polarisation and resistance as does litigation.
By way of illustration, research undertaken by the Ministry of Justice in relation to longer-term outcomes of in-court mediation found that about 60% of agreements reached by parents had been dropped, or had broken down, by the two year follow up point – this being due to one or both of the adults not supporting the agreement rather an adaptive change to circumstances.
Further, two years after mediation, the majority of parents involved in that research continued to report a negative relationship with their co-parent that had not improved, or had worsened. At the two year follow up point, the number of children with borderline or abnormal scores for reporting psychological distress on a standardised measure remained about double the United Kingdom norm. One of the main conclusions reached in that report was that there needed to be more relationship based or therapeutically-orientated interventions, under the umbrella of public health rather than the family justice system.
2. Getting the Best from Court Appointed Experts
Due to their lack of mental health expertise, lawyers have great difficulty in effectively instructing court appointed psychiatric or psychological experts in terms that result in advice and opinion that best inform the court. Since, typically, an expert in the same field plays no part in the process of formulating the correct questions to the court appointed expert, there is a risk of the questions posed being too general and over simplistic.
Mental health care professionals working closely with their mutual clients’ legal team can play a vital role in ensuring that the court appointed expert is appropriately instructed and their reports interpreted beyond the purely clinical diagnosis. In this way, the inherent risk in such reports – that they are frequently the result of a very short involuntary clinical assessment where the risk of a negative report is uppermost in the parents’ mind when being assessed, as opposed to a voluntary doctor-patient assessment – can be addressed by the drafting of instructions and questions to the court-appointed expert which contain an appropriate level of technical insight.
Tuesday, January 12, 2010
Adoption Home Study
As part of the adoption process, all prospective parents will eventually have to undertake a "home study," which is essentially a thoroughly detailed adoption application. The home study explores the prospective parents' reasons, desire and commitment for adoption; educates them about adoption; and evaluates their suitability as adoptive parents. The specific processes and procedures will vary depending on the agency, state and country from which you're adopting a child. Home study requirements vary, but may include:
•Training of prospective parents
•Interviews with a social worker
•One or more home visits by the social worker
•Health statements to confirm that prospective parents are generally healthy with a normal life expectancy
•Income statements
•Background investigations, including a review of your local, state and federal criminal record and any previous allegations of child abuse, as well as fingerprint checks against national registries. (These criminal and background checks may be done on all adults living in the home, not just the prospective adoptive or foster parents.)
•Autobiographical statement
•Personal references
It's normal for prospective parents to be nervous while undergoing the home study, and worry that they'll be denied because they aren't perfect. But prospective parents need to remember that adoption is not "one size fits all." All types of people--of different ages, ethnicities, religions and economic backgrounds--are approved for adoption. However, there are some factors--critical to the safety and welfare of adoptive children--that can make you ineligible for adoption.
In rare circumstances, prospective parents may be denied an adoption after the completion of their home study. A denial may occur because of a criminal record, substance abuse or previous reports of child abuse. There also may be for more subjective reasons for a denial, such as the prospective parents' motivations for adopting, their health or the stability of their marriage. Agencies should explain the reason for your denial, and provide a process for appealing the denial.
•Training of prospective parents
•Interviews with a social worker
•One or more home visits by the social worker
•Health statements to confirm that prospective parents are generally healthy with a normal life expectancy
•Income statements
•Background investigations, including a review of your local, state and federal criminal record and any previous allegations of child abuse, as well as fingerprint checks against national registries. (These criminal and background checks may be done on all adults living in the home, not just the prospective adoptive or foster parents.)
•Autobiographical statement
•Personal references
It's normal for prospective parents to be nervous while undergoing the home study, and worry that they'll be denied because they aren't perfect. But prospective parents need to remember that adoption is not "one size fits all." All types of people--of different ages, ethnicities, religions and economic backgrounds--are approved for adoption. However, there are some factors--critical to the safety and welfare of adoptive children--that can make you ineligible for adoption.
In rare circumstances, prospective parents may be denied an adoption after the completion of their home study. A denial may occur because of a criminal record, substance abuse or previous reports of child abuse. There also may be for more subjective reasons for a denial, such as the prospective parents' motivations for adopting, their health or the stability of their marriage. Agencies should explain the reason for your denial, and provide a process for appealing the denial.
Foster Care Adoption
When a foster child cannot be returned to his or her birth parents, it is the responsibility of state and local agencies to find a permanent home for the child. One of the most obvious solutions is for the child to be adopted by his or her foster parents. According to the U.S. Department of Health & Human Services' Children's Bureau, in 2005 (the most recent year for which data is available) approximately 514,000 children were in foster care in the United States, and more than 115,000 of those children were waiting to be adopted. As a foster parent who is considering adoption, or a prospective parent considering the adoption of a child in foster care, here are some legal issues to be aware of.
Several key factors differentiate foster-child adoptions from traditional adoptions. First, foster-care adoptions are usually handled by state agencies, though the state may outsource responsibilities to a private agency. Also, foster-care adoptions cost significantly less than traditional adoptions, or may even be free. If the child is considered a "special needs" child, subsidies may be available. (Special needs children include those who are: minorities; have siblings who also need adopting; were exposed to drugs or alcohol before they were born; are older than 5; or have mental, physical or emotional problems.) In addition, you may qualify for a federal adoption-tax credit.
There are several ways in which prospective parents can adopt foster children. Prospective parents can:
•Adopt a child or group of siblings whose parents have already relinquished their parental rights or had those rights terminated.
•Take in a foster child whose biological parents still have rights. The foster parents agree, in advance, to adopt the child if he or she isn't reunited with the parents or placed with another biological family member. This type of adoption is called "concurrent planning" because multiple avenues of resolution are being pursued simultaneously.
•Adopt a child who was placed with you as a foster child, but whom you didn't originally intend to adopt.
Several key factors differentiate foster-child adoptions from traditional adoptions. First, foster-care adoptions are usually handled by state agencies, though the state may outsource responsibilities to a private agency. Also, foster-care adoptions cost significantly less than traditional adoptions, or may even be free. If the child is considered a "special needs" child, subsidies may be available. (Special needs children include those who are: minorities; have siblings who also need adopting; were exposed to drugs or alcohol before they were born; are older than 5; or have mental, physical or emotional problems.) In addition, you may qualify for a federal adoption-tax credit.
There are several ways in which prospective parents can adopt foster children. Prospective parents can:
•Adopt a child or group of siblings whose parents have already relinquished their parental rights or had those rights terminated.
•Take in a foster child whose biological parents still have rights. The foster parents agree, in advance, to adopt the child if he or she isn't reunited with the parents or placed with another biological family member. This type of adoption is called "concurrent planning" because multiple avenues of resolution are being pursued simultaneously.
•Adopt a child who was placed with you as a foster child, but whom you didn't originally intend to adopt.
Parental Alienation
As a divorced parent, you worry when the other parent makes derogatory remarks and tries to give your child a negative image of you. But when do mere derogatory remarks turn into a harmful psychological phenomenon that psychologists have labeled the "parental alienation syndrome"?
Parental alienation syndrome occurs when one parent's efforts to consciously or unconsciously brainwash a child combine with the child's own bad-mouthing of the other parent. In severe cases, the child will not want to see or talk to the alienated parent.
Once the alienation reaches such a point, it is difficult to reverse, and permanent damage is done to the child and to the relationship between the child and the alienated parent
What causes a parent to want to damage the relationship of their own child with the other parent, at their own child's expense? Intentions differ from one parent to the next, but psychologists have suggested the following as potential motivators:
•An alienating parent may have unresolved anger toward the other parent for perceived wrongs during the relationship, and may be unable to separate those issues from parenting issues.
•An alienating parent may have unresolved issues from their childhood, particularly in how they related to their own parents, which he or she projects onto the other parent (whether or not it is factually accurate).
•An alienating parent may have a personality disorder, such as narcissism or paranoia, which makes him or her unable to empathize with the child's feelings or see the way their behavior is harming the child. Such personality disorders may also make the alienating parent more likely to be jealous of the other parent's adjustment to the breakup, and cause the alienating parent to have extreme rage toward the other parent.
•An alienating parent may be so insecure as to his or her own parenting skills that he or she projects those concerns onto the other parent, regardless of reality.
•An alienating parent may be so wrapped up in their child's life that he or she has no separate identity, and sees the child's relationship with the other parent as a threat.
•Sometimes new spouses or grandparents push the alienating parent into inappropriate behavior for their own inappropriate reasons, and the alienating parent isn't strong enough to resist them.
Parental alienation syndrome occurs when one parent's efforts to consciously or unconsciously brainwash a child combine with the child's own bad-mouthing of the other parent. In severe cases, the child will not want to see or talk to the alienated parent.
Once the alienation reaches such a point, it is difficult to reverse, and permanent damage is done to the child and to the relationship between the child and the alienated parent
What causes a parent to want to damage the relationship of their own child with the other parent, at their own child's expense? Intentions differ from one parent to the next, but psychologists have suggested the following as potential motivators:
•An alienating parent may have unresolved anger toward the other parent for perceived wrongs during the relationship, and may be unable to separate those issues from parenting issues.
•An alienating parent may have unresolved issues from their childhood, particularly in how they related to their own parents, which he or she projects onto the other parent (whether or not it is factually accurate).
•An alienating parent may have a personality disorder, such as narcissism or paranoia, which makes him or her unable to empathize with the child's feelings or see the way their behavior is harming the child. Such personality disorders may also make the alienating parent more likely to be jealous of the other parent's adjustment to the breakup, and cause the alienating parent to have extreme rage toward the other parent.
•An alienating parent may be so insecure as to his or her own parenting skills that he or she projects those concerns onto the other parent, regardless of reality.
•An alienating parent may be so wrapped up in their child's life that he or she has no separate identity, and sees the child's relationship with the other parent as a threat.
•Sometimes new spouses or grandparents push the alienating parent into inappropriate behavior for their own inappropriate reasons, and the alienating parent isn't strong enough to resist them.
Child's Preference for Visitation
Courts understand that in most cases relationships with both parents are in the best interests of the child. The best interests of the child is how the court measures his or her the well-being. A court is not required to consider the preference of the child when awarding visitation, as long as the court finds that any visitation decision is in the best interest of the child.
The weight given to the preference of the child for visitation varies with the child's age. If the child is of a certain age where a court believes that he or she is able to express a preference, a court may consider the child's preference. Simply put, courts will not allow the child to decide the terms of visitation. This is because it is the court's function to safeguard the child's best interests and to give the child the final say in awarding visitation could make the child a bargaining chip in the relationship between the parents.
There are key factors that courts use when considering the preference of the child:
•Maturity level and age of the child
•The reasons for the child's preference
•The fitness of the parent seeking visitation
•Hostility of the child towards the other parent
Changes in visitation can have the effect of working against the child's best interest because the stability of the child's upbringing may be interrupted. This must be weighed against any harm to the child by continued visitation with an unfit parent, for example.
In addition to the age of the child, courts also consider whether the preference relates to factors that are in the best interests of the child. A judge may ask about the child's life in general, including school, friends, life with the custodial parent and the child's feelings toward the other parent. Keep in mind though, the child's preference is only some evidence for the court, and the court may even disregard the child's preference.
The weight given to the preference of the child for visitation varies with the child's age. If the child is of a certain age where a court believes that he or she is able to express a preference, a court may consider the child's preference. Simply put, courts will not allow the child to decide the terms of visitation. This is because it is the court's function to safeguard the child's best interests and to give the child the final say in awarding visitation could make the child a bargaining chip in the relationship between the parents.
There are key factors that courts use when considering the preference of the child:
•Maturity level and age of the child
•The reasons for the child's preference
•The fitness of the parent seeking visitation
•Hostility of the child towards the other parent
Changes in visitation can have the effect of working against the child's best interest because the stability of the child's upbringing may be interrupted. This must be weighed against any harm to the child by continued visitation with an unfit parent, for example.
In addition to the age of the child, courts also consider whether the preference relates to factors that are in the best interests of the child. A judge may ask about the child's life in general, including school, friends, life with the custodial parent and the child's feelings toward the other parent. Keep in mind though, the child's preference is only some evidence for the court, and the court may even disregard the child's preference.
Grandparents and Visitation Rights
At common law, courts did not allow anyone but parents of children to have visitation rights to the children. The laws have changed. Currently, most state laws allow visitation rights to grandparents and stepparents if it is in the child's best interest to maintain an established relationship. Most visitation rights are granted when the parents are divorced or when one of the parents has died. However, there are other circumstances in which such visitation rights are allowed. For example,
•In New Jersey, a grandparent seeking visitation with a grandchild living in an intact family must demonstrate that the child would be harmed by the lack of visitation and that the harm suffered was sufficiently significant that the State's intervention would be justified if it were occurring in the parent-child relationship.
•In New York, grandparents can petition for visitation over the objections of the child's parents if parental rights are safeguarded.
The circumstances under which grandparents have standing to request visitation vary from state to state. The general rule is that visitation will not be granted in an ongoing, intact marriage. For example, in Michigan a grandparent has standing to seek court-ordered visitation if a child custody dispute is pending, or if a divorce, annulment or separation action is pending, but not in a paternity proceedings. Two common circumstances that permit grandparents to request visitation are the death of a parent and the parents' divorce.
In some jurisdictions, grandparents will not be granted visitation unless one of the statutory factors is present. However, even where the statute does not strictly apply, some courts, using their parens patriae power to protect the child's interest, will order visitation.
In jurisdictions that limit the types of situations in which grandparents may seek visitation, the death or divorce of the grandparents' child typically gives grandparents standing to seek court-ordered visitation. The courts can allow visitation when it is in the child's best interests.
In adoption cases, some states allow visitation following adoption, others hold that grandparents' rights are terminated by the adoption. When the adoptive parent is a stranger, the public policy which favors giving the child a fresh start may dictate that grandparents' visitation rights be denied. On the other hand, when the child is adopted by a stepparent or relative, these public policy concerns may be diminished and visitation may be ordered.
The termination of parental rights of a divorced parent due to abuse, neglect, or abandonment may result in the termination of the grandparents' rights.
•In New Jersey, a grandparent seeking visitation with a grandchild living in an intact family must demonstrate that the child would be harmed by the lack of visitation and that the harm suffered was sufficiently significant that the State's intervention would be justified if it were occurring in the parent-child relationship.
•In New York, grandparents can petition for visitation over the objections of the child's parents if parental rights are safeguarded.
The circumstances under which grandparents have standing to request visitation vary from state to state. The general rule is that visitation will not be granted in an ongoing, intact marriage. For example, in Michigan a grandparent has standing to seek court-ordered visitation if a child custody dispute is pending, or if a divorce, annulment or separation action is pending, but not in a paternity proceedings. Two common circumstances that permit grandparents to request visitation are the death of a parent and the parents' divorce.
In some jurisdictions, grandparents will not be granted visitation unless one of the statutory factors is present. However, even where the statute does not strictly apply, some courts, using their parens patriae power to protect the child's interest, will order visitation.
In jurisdictions that limit the types of situations in which grandparents may seek visitation, the death or divorce of the grandparents' child typically gives grandparents standing to seek court-ordered visitation. The courts can allow visitation when it is in the child's best interests.
In adoption cases, some states allow visitation following adoption, others hold that grandparents' rights are terminated by the adoption. When the adoptive parent is a stranger, the public policy which favors giving the child a fresh start may dictate that grandparents' visitation rights be denied. On the other hand, when the child is adopted by a stepparent or relative, these public policy concerns may be diminished and visitation may be ordered.
The termination of parental rights of a divorced parent due to abuse, neglect, or abandonment may result in the termination of the grandparents' rights.
Updates After Marriage
When you get married, you are not required to change your name. You have a right to keep your name. If you decide to change your name, you can:
•Take your spouse's name
•Create a combination of your name and your spouse's name
•Create a completely new name.
After you change your name, you should update your records with people, businesses and government agencies which need to know your new name.
Common usage.
A wife can take her husband's last name by consistently using the new name after the marriage. This is called the common usage method, and no formal legal action is required. This method should only be used by a wife who wishes to adopt her husband's last name. For any other type of name change, you should get a court order. If you choose the common usage method, you should take the following actions:
•Make sure your new name is on your marriage certificate.
•Get a new driver's license and Social Security card with your new name. The Department of Motor Vehicles and the Social Security Administration will probably want to see your marriage certificate as proof of your new name.
•Update your records.
Contact your employer, bank, creditors, insurers, telephone company, and any other entity with whom you do business, and inform them of your new name. In addition, you should notify government agencies, such as your local post office and state and local taxing authorities.
You can go to court to change your name. The legal process is simple and inexpensive. You can hire a lawyer to change your name, or you can do it yourself. If you decide to do it yourself, you may want to start by calling your local city or county courthouse for instructions. In the alternative, you can learn about the process online or at a law library. Most states post instructions and legal forms on the Internet. After you obtain a court order changing your name, you should:
•Get a new driver's license and Social Security card with your new name. The court order is proof of your new name.
•Update your records. Contact the same businesses and government agencies listed above under the common usage method.
•Take your spouse's name
•Create a combination of your name and your spouse's name
•Create a completely new name.
After you change your name, you should update your records with people, businesses and government agencies which need to know your new name.
Common usage.
A wife can take her husband's last name by consistently using the new name after the marriage. This is called the common usage method, and no formal legal action is required. This method should only be used by a wife who wishes to adopt her husband's last name. For any other type of name change, you should get a court order. If you choose the common usage method, you should take the following actions:
•Make sure your new name is on your marriage certificate.
•Get a new driver's license and Social Security card with your new name. The Department of Motor Vehicles and the Social Security Administration will probably want to see your marriage certificate as proof of your new name.
•Update your records.
Contact your employer, bank, creditors, insurers, telephone company, and any other entity with whom you do business, and inform them of your new name. In addition, you should notify government agencies, such as your local post office and state and local taxing authorities.
You can go to court to change your name. The legal process is simple and inexpensive. You can hire a lawyer to change your name, or you can do it yourself. If you decide to do it yourself, you may want to start by calling your local city or county courthouse for instructions. In the alternative, you can learn about the process online or at a law library. Most states post instructions and legal forms on the Internet. After you obtain a court order changing your name, you should:
•Get a new driver's license and Social Security card with your new name. The court order is proof of your new name.
•Update your records. Contact the same businesses and government agencies listed above under the common usage method.
Tuesday, January 5, 2010
Child Protective Proceedings
If you are a parent, and are involved in child protective proceedings, you have the right to an attorney. If you cannot afford an attorney, one will be appointed to represent you.
If you are involved in child protective proceedings, exercise your right to counsel. Please do not assume that you can adequately represent yourself, or that the system is designed to protect your rights. You will be consistently warned throughout proceedings that you could face the permanent loss of your children as a result of the proceedings. That is no joke -- get a lawyer.
Be forewarned that litigation in this area can be expensive -- but remember that your family is at stake.
Typically, your best ability to defend agains this type of proceeding will be in its initial stages. This is when many people try to proceed without lawyers, under the belief that if they consent to the court's taking jurisdiction over their children they will somehow improve their chances of securing the return of their children. The reality is usually quite different. Involving a competent lawyer at the start of legal proceedings can help ensure that your rights are protected, and may even result in the return of your children to your home.
Reforms in the 1990's have led to a system of laws in the United States that place a very high priority on permanence. If children have spent a year in foster care, courts and social workers are under considerable pressure to bring about a final resolution of their cases. At that time, if the parents are not ready to assume their responsibilities, or have not lived up to the court's demands upon them, it is likely that a proceeding will follow to permanently terminate parental rights.
While parents have a right to appeal from the termination of parental rights, it is rare for appellate courts to grant relief. Thus it bears repeating, you are best served by obtaining quality representation at the trial court level, at the earliest possible opportunity.
If you are involved in child protective proceedings, exercise your right to counsel. Please do not assume that you can adequately represent yourself, or that the system is designed to protect your rights. You will be consistently warned throughout proceedings that you could face the permanent loss of your children as a result of the proceedings. That is no joke -- get a lawyer.
Be forewarned that litigation in this area can be expensive -- but remember that your family is at stake.
Typically, your best ability to defend agains this type of proceeding will be in its initial stages. This is when many people try to proceed without lawyers, under the belief that if they consent to the court's taking jurisdiction over their children they will somehow improve their chances of securing the return of their children. The reality is usually quite different. Involving a competent lawyer at the start of legal proceedings can help ensure that your rights are protected, and may even result in the return of your children to your home.
Reforms in the 1990's have led to a system of laws in the United States that place a very high priority on permanence. If children have spent a year in foster care, courts and social workers are under considerable pressure to bring about a final resolution of their cases. At that time, if the parents are not ready to assume their responsibilities, or have not lived up to the court's demands upon them, it is likely that a proceeding will follow to permanently terminate parental rights.
While parents have a right to appeal from the termination of parental rights, it is rare for appellate courts to grant relief. Thus it bears repeating, you are best served by obtaining quality representation at the trial court level, at the earliest possible opportunity.
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