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.
Showing posts with label new york family law attorney. Show all posts
Showing posts with label new york family law attorney. Show all posts
Wednesday, May 12, 2010
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
Important Considerations for Legal Separation
Important Considerations of Legal Separation:
•If your separation later turns into a divorce, the manner in which you have divided your personal property may well be the manner in which that property becomes divided for the purposes of the divorce. That is, it is not unusual for a divorce settlement or judgment to award separated parties the personal property that is in their own possession. If there are important belongings that, for one reason or another, you will leave with your spouse upon separation, you may wish to make specific note in your separation agreement that both you and your spouse intend that property to come to you in the event of divorce.
•If you contract for the division of property in your separation agreement, that contract will likely be binding upon you in the event of divorce. For example, if your separation agreement assigns the marital home to one spouse, and details how the equity will eventually be divided, absent a new agreement by both spouses it is likely that you will be bound by that earlier agreement upon divorce.
•Insurance companies make money when they deny claims. If you are separating for the purpose of maintaining insurance coverage which would terminate upon divorce, check the policy language carefully. Some insurance companies are now including language which will cause coverage to lapse in the event of a legal separation.
•Remember that separated couples remain married to each other. If you expect that you will wish to remarry, you will ultimately have to go to court to obtain a divorce.
•Remember to separate your finances. Ordinarily, the money in a joint bank account belongs to both people named on the account. That is, if you are placing money into the account, your spouse may have a legal right to withdraw all of that money even if you are separated. If your name appears on a lease or mortgage for the residence where your spouse will live, you will remain liable for payments. Similarly, if you continue to share joint credit accounts, including credit cards, or your name appears on any utility bills (phone, gas, electrical, etc.) you will ordinarily be liable for any debt incurred by your spouse even after separation. It is thus wise to separate your finances, and to obtain credit cards and bank accounts in the individual names of each spouse, as part of the separation process.
•Where pensions or government benefits are involved, it makes sense to consult with an accountant in relation to your financial situation as part of a legal separation, so as to make sure that you meet all of the necessary legal requirements to maintain your interest in those benefits.
What If Things Don't Work Out?
If you separate from your spouse hoping that there will be an eventual reconciliation, but things don't work out, the exact procedure for converting your separation into a divorce will vary depending upon where you live. In some states, for a period of time after a judgment of separate maintenance is entered, the parties may convert their case into an action for divorce. In other states, a new divorce action must be started. Some states fall in the middle, giving the court which issued the order of separation the discretion to allow the parties to amend their complaint to request divorce.
•If your separation later turns into a divorce, the manner in which you have divided your personal property may well be the manner in which that property becomes divided for the purposes of the divorce. That is, it is not unusual for a divorce settlement or judgment to award separated parties the personal property that is in their own possession. If there are important belongings that, for one reason or another, you will leave with your spouse upon separation, you may wish to make specific note in your separation agreement that both you and your spouse intend that property to come to you in the event of divorce.
•If you contract for the division of property in your separation agreement, that contract will likely be binding upon you in the event of divorce. For example, if your separation agreement assigns the marital home to one spouse, and details how the equity will eventually be divided, absent a new agreement by both spouses it is likely that you will be bound by that earlier agreement upon divorce.
•Insurance companies make money when they deny claims. If you are separating for the purpose of maintaining insurance coverage which would terminate upon divorce, check the policy language carefully. Some insurance companies are now including language which will cause coverage to lapse in the event of a legal separation.
•Remember that separated couples remain married to each other. If you expect that you will wish to remarry, you will ultimately have to go to court to obtain a divorce.
•Remember to separate your finances. Ordinarily, the money in a joint bank account belongs to both people named on the account. That is, if you are placing money into the account, your spouse may have a legal right to withdraw all of that money even if you are separated. If your name appears on a lease or mortgage for the residence where your spouse will live, you will remain liable for payments. Similarly, if you continue to share joint credit accounts, including credit cards, or your name appears on any utility bills (phone, gas, electrical, etc.) you will ordinarily be liable for any debt incurred by your spouse even after separation. It is thus wise to separate your finances, and to obtain credit cards and bank accounts in the individual names of each spouse, as part of the separation process.
•Where pensions or government benefits are involved, it makes sense to consult with an accountant in relation to your financial situation as part of a legal separation, so as to make sure that you meet all of the necessary legal requirements to maintain your interest in those benefits.
What If Things Don't Work Out?
If you separate from your spouse hoping that there will be an eventual reconciliation, but things don't work out, the exact procedure for converting your separation into a divorce will vary depending upon where you live. In some states, for a period of time after a judgment of separate maintenance is entered, the parties may convert their case into an action for divorce. In other states, a new divorce action must be started. Some states fall in the middle, giving the court which issued the order of separation the discretion to allow the parties to amend their complaint to request divorce.
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.
Lawyers and Psychologists Working Together
How, then, can lawyers and psychological professionals work together for the benefit of their mutual clients? The following areas of cooperation are the main ones that my practice employs within our everyday interaction with our clients.
1. Developing and Communicating a Client’s Case
From the client’s first meeting with their solicitor, time pressure, the manner in which the solicitor elicits his instructions, the client's deep upset and the solicitor’s limited understanding of the client’s interpersonal difficulties and psychological processes which underpin their distress, automatically narrow the information base on which a case can be built. The value solicitors ascribe to legal precedent further narrows the case in the solicitor’s mind to those facts which are consistent with or distinguishable from that precedent. There is a risk that the solicitor’s early assessment of the prospects of success (usually expressed in terms of a percentage), viewed through this narrow focus and understandably couched in cautious terms, sets the client on a path of disillusionment, conditioned helplessness and increased anxiety and hostility, since he feels his case has already been pre-judged without the solicitor understanding what he or she regards as the unique aspects of it.
Psychological professionals can greatly assist in ensuring that a client’s case is formulated and presented to maximum effect through the inclusion of these unique features. Their ability to establish a good rapport, take a full case history of both the family breakdown and the contributory factors leading to it, as well as their expertise in managing the client's distress and facilitating open communication on very sensitive issues, greatly assists the solicitor to develop a holistic legal case which the client is more likely to believe accurately reflects their experience and position. Clients also find this process of great value as it frequently serves to give them additional insight into their own distress and why their relationship broke down, thereby enabling them to view the legal process more objectively and positively and to maintain their child centric position.
Since an integral part of this approach is that the client develops a broader understanding of the decision making and behaviour of their former partner, we have found that it is much more likely that the parents achieve a consensual settlement through their unification behind the common goal of the best interests of the children.
2. The Role of Psychological Professionals in Supporting their Client
It is very stressful for any parent to be involved in family law litigation. This pressure may last many months or years. A client who cannot communicate their feelings at this anxious time or sinks into a spiral of pessimism, negativity or depression in response to the prospect of their loss and to their feelings of helplessness, is unlikely to be in the best frame of mind to conduct litigation, think flexibly or continue functioning in other aspects of their life. This will inevitably have a knock-on effect upon the child’s well-being. Preserving the client’s emotional and psychological well-being in these circumstances is best undertaken by a psychological professional who understands these issues.
It is estimated that family breakdown directly affects approximately one-third of the United Kingdom population1 (and many more indirectly). Research from Families Need Fathers and the Equal Parenting Alliance provide a worrying insight. A survey of over 200 parents involved in the family justice system found that 35% of respondents had contemplated suicide, with a shocking 7% having actually attempted suicide. Clearly, this is an untenable situation that must be seriously addressed.
In order to support their client effectively, it is necessary for the psychological professionals working in this forum to have a relevant understanding of the family justice system and for the solicitor to be aware of, at least basic, psychological principles, thereby facilitating a symbiotic relationship that truly reflects and caters for the client's needs.
1. Developing and Communicating a Client’s Case
From the client’s first meeting with their solicitor, time pressure, the manner in which the solicitor elicits his instructions, the client's deep upset and the solicitor’s limited understanding of the client’s interpersonal difficulties and psychological processes which underpin their distress, automatically narrow the information base on which a case can be built. The value solicitors ascribe to legal precedent further narrows the case in the solicitor’s mind to those facts which are consistent with or distinguishable from that precedent. There is a risk that the solicitor’s early assessment of the prospects of success (usually expressed in terms of a percentage), viewed through this narrow focus and understandably couched in cautious terms, sets the client on a path of disillusionment, conditioned helplessness and increased anxiety and hostility, since he feels his case has already been pre-judged without the solicitor understanding what he or she regards as the unique aspects of it.
Psychological professionals can greatly assist in ensuring that a client’s case is formulated and presented to maximum effect through the inclusion of these unique features. Their ability to establish a good rapport, take a full case history of both the family breakdown and the contributory factors leading to it, as well as their expertise in managing the client's distress and facilitating open communication on very sensitive issues, greatly assists the solicitor to develop a holistic legal case which the client is more likely to believe accurately reflects their experience and position. Clients also find this process of great value as it frequently serves to give them additional insight into their own distress and why their relationship broke down, thereby enabling them to view the legal process more objectively and positively and to maintain their child centric position.
Since an integral part of this approach is that the client develops a broader understanding of the decision making and behaviour of their former partner, we have found that it is much more likely that the parents achieve a consensual settlement through their unification behind the common goal of the best interests of the children.
2. The Role of Psychological Professionals in Supporting their Client
It is very stressful for any parent to be involved in family law litigation. This pressure may last many months or years. A client who cannot communicate their feelings at this anxious time or sinks into a spiral of pessimism, negativity or depression in response to the prospect of their loss and to their feelings of helplessness, is unlikely to be in the best frame of mind to conduct litigation, think flexibly or continue functioning in other aspects of their life. This will inevitably have a knock-on effect upon the child’s well-being. Preserving the client’s emotional and psychological well-being in these circumstances is best undertaken by a psychological professional who understands these issues.
It is estimated that family breakdown directly affects approximately one-third of the United Kingdom population1 (and many more indirectly). Research from Families Need Fathers and the Equal Parenting Alliance provide a worrying insight. A survey of over 200 parents involved in the family justice system found that 35% of respondents had contemplated suicide, with a shocking 7% having actually attempted suicide. Clearly, this is an untenable situation that must be seriously addressed.
In order to support their client effectively, it is necessary for the psychological professionals working in this forum to have a relevant understanding of the family justice system and for the solicitor to be aware of, at least basic, psychological principles, thereby facilitating a symbiotic relationship that truly reflects and caters for the client's needs.
Tuesday, January 12, 2010
Use an Adoption Attorney
People who decide to adopt a child must then make many additional decisions before they can formally start the process. Do you want to adopt a child domestically or do you want an international adoption? If you adopt domestically, do you want to adopt an infant or a child in foster care? And if you decide to adopt an infant, do you want to adopt through a licensed agency, using an adoption attorney or through another type of unlicensed adoption facilitator?
An adoption agency, which must be licensed by the state, screens the suitability of prospective parents and then matches parents and children who may be a good fit. The agency will also guide you through every step of the adoption process. In this type of adoption, the agency has the most control because they'll prescreen the adoptive family and the children, and will only offer children to prospective parents when they think there's a match. An agency may also give preference to certain types of prospective parents (based on religion, marital status, etc.). When choosing an agency adoption, prospective parents may also want to use the services of an adoption attorney, since adoption is a complex legal issues, and contracts and courts will be involved.
When selecting an adoption agency or adoption attorney, you should do the same due-diligence that you'd do before hiring any other type of service provider. Some things to consider:
•Ask friends, family and others who have adopted to recommend agencies and attorneys they've used and been satisfied with.
•Confirm that the agency is licensed to operate in your state.
•Get references from past clients.
•Contact the Better Business Bureau, state Attorney General or state bar association to learn whether they've been any complaints against the agency or attorney.
•Ask for an itemized list of the total estimated costs. When will payment be due?
•Find out what services are provided by the agency or attorney.
•Ask how much experience the agency or attorney has? How many adoptions do they handle each year, and how many have they handled in total?
•Find out the average wait time to adopt a child.
•Find out whether you'll be able to meet the birth parents.
An adoption agency, which must be licensed by the state, screens the suitability of prospective parents and then matches parents and children who may be a good fit. The agency will also guide you through every step of the adoption process. In this type of adoption, the agency has the most control because they'll prescreen the adoptive family and the children, and will only offer children to prospective parents when they think there's a match. An agency may also give preference to certain types of prospective parents (based on religion, marital status, etc.). When choosing an agency adoption, prospective parents may also want to use the services of an adoption attorney, since adoption is a complex legal issues, and contracts and courts will be involved.
When selecting an adoption agency or adoption attorney, you should do the same due-diligence that you'd do before hiring any other type of service provider. Some things to consider:
•Ask friends, family and others who have adopted to recommend agencies and attorneys they've used and been satisfied with.
•Confirm that the agency is licensed to operate in your state.
•Get references from past clients.
•Contact the Better Business Bureau, state Attorney General or state bar association to learn whether they've been any complaints against the agency or attorney.
•Ask for an itemized list of the total estimated costs. When will payment be due?
•Find out what services are provided by the agency or attorney.
•Ask how much experience the agency or attorney has? How many adoptions do they handle each year, and how many have they handled in total?
•Find out the average wait time to adopt a child.
•Find out whether you'll be able to meet the birth parents.
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.
Foreign Adoptions
Foreign adoptions have the potential to be tremendously confusing. You're dealing with multiple countries, several government agencies (including a foreign government and U.S. Citizen and Immigration Services) and often working with an unfamiliar language and culture. Add to this the tremendous cost and potential for heartbreak if something goes awry and it's clearly makes sense to work with an experienced international adoption agency or adoption lawyers who can guide you through the legal and emotional process of adopting a new family member.
There are two types of international--also known as intercountry--adoptions.
Prospective parents can work with through a U.S. licensed, international adoption agency. The agency will help you find a child and legally adopt a child, and work with you on immigration issues. The agency will usually also offer pre- and post-adoption services, such as your home study and post-adoption visits. Because agencies will only have certain countries in which they work, one-size does not fit all.
In a parent-initiated or direct adoption, the prospective parents work directly with a foreign agency or intermediary to complete the adoption. Because foreign adoption is a legally intricate process, prospective parents who go the direct adoption route are advised to consult with experienced adoption lawyers in the U.S. and the country in which they're adopting.
Although foreign adoptions require a lot of legal steps and potentially confusing paperwork, there are several basic U.S. requirements that must be fulfilled to complete an international adoption:
•The prospective parents must successfully complete a home study
•The child must be legally eligible for adoption
•The child must be legally adopted under the laws of the foreign country
•The prospective parents must meet adoption requirements set forth in U.S. immigration law
•The prospective parents must petition U.S. Citizenship and Immigration Services to allow the child to emigrate to the United States
•The prospective parents must meet all of the legal requirements of their home state
There are two types of international--also known as intercountry--adoptions.
Prospective parents can work with through a U.S. licensed, international adoption agency. The agency will help you find a child and legally adopt a child, and work with you on immigration issues. The agency will usually also offer pre- and post-adoption services, such as your home study and post-adoption visits. Because agencies will only have certain countries in which they work, one-size does not fit all.
In a parent-initiated or direct adoption, the prospective parents work directly with a foreign agency or intermediary to complete the adoption. Because foreign adoption is a legally intricate process, prospective parents who go the direct adoption route are advised to consult with experienced adoption lawyers in the U.S. and the country in which they're adopting.
Although foreign adoptions require a lot of legal steps and potentially confusing paperwork, there are several basic U.S. requirements that must be fulfilled to complete an international adoption:
•The prospective parents must successfully complete a home study
•The child must be legally eligible for adoption
•The child must be legally adopted under the laws of the foreign country
•The prospective parents must meet adoption requirements set forth in U.S. immigration law
•The prospective parents must petition U.S. Citizenship and Immigration Services to allow the child to emigrate to the United States
•The prospective parents must meet all of the legal requirements of their home state
Supervised Visitation
A noncustodial parent has a right to visit his or her child. Visitation rights, however, are not absolute. Visitation can be suspended, denied or restricted if the court finds that visitation would be contrary to the child's best interest.
The general rule is that a parent not granted custody of a child is entitled to visit with the child unless the court finds after a hearing that visitation would endanger the child's physical, mental, moral or emotional health.
For visitation to be detrimental, some type of compelling reason, based on circumstance, must be shown. Factors which show parental unfitness include child abuse, neglect, or severe mental illness. If the parent has failed to establish a relationship with the child, the court may limit visitation.
The noncustodial parent must be given notice of the hearing to deny visitation and an opportunity to be heard. The custodial parent must show that visitation will seriously endanger the child's welfare. Where circumstances fall short of grounds for denying visitation, a court may consider supervised or restricted visitation. When there is reason to fear for the child's safety, the court may require a third person to be present or to have visitation take place in a public place.
Generally, visitation cannot be reduced or restricted without finding that the child is adversely affected or that reduction would serve the child's best interests. The following types of acts are contrary to the child's best interests:
•Violence or Physical Endangerment - A noncustodial parent may be denied visitation rights if the parent has abused the child or has threatened physical violence. Some states require courts to consider evidence of child or spousal abuse when awarding visitation.
•Emotional Harm - Where proof is offered of the potential emotional harm to the child from visitation, a parent's rights may be curtailed or denied. Emotional harm may be shown by evidence that visitation detrimentally affects the child's welfare. Sometimes, stuttering, bed wetting, atypical behavior or poor school performance may indicate emotional problems.
•Child's Wishes - The courts may consider the child's wishes as to visitation. The weight to be given the child's preference depends on the child's age and maturity.
•Mental Illness - A parent's mental incapacity does not automatically deprive the parent of visitation rights. Visitation rights may be curtailed only if the court determines that there is a potential for harm to the child due to the parent's condition.
•Substance Abuse - A parent who abuses drugs or alcohol may be denied visitation only if the conduct endangers the child's welfare. When the parent's alcoholism causes the parent to use abusive language or to mistreat the child, the court may deny or restrict visitation
The general rule is that a parent not granted custody of a child is entitled to visit with the child unless the court finds after a hearing that visitation would endanger the child's physical, mental, moral or emotional health.
For visitation to be detrimental, some type of compelling reason, based on circumstance, must be shown. Factors which show parental unfitness include child abuse, neglect, or severe mental illness. If the parent has failed to establish a relationship with the child, the court may limit visitation.
The noncustodial parent must be given notice of the hearing to deny visitation and an opportunity to be heard. The custodial parent must show that visitation will seriously endanger the child's welfare. Where circumstances fall short of grounds for denying visitation, a court may consider supervised or restricted visitation. When there is reason to fear for the child's safety, the court may require a third person to be present or to have visitation take place in a public place.
Generally, visitation cannot be reduced or restricted without finding that the child is adversely affected or that reduction would serve the child's best interests. The following types of acts are contrary to the child's best interests:
•Violence or Physical Endangerment - A noncustodial parent may be denied visitation rights if the parent has abused the child or has threatened physical violence. Some states require courts to consider evidence of child or spousal abuse when awarding visitation.
•Emotional Harm - Where proof is offered of the potential emotional harm to the child from visitation, a parent's rights may be curtailed or denied. Emotional harm may be shown by evidence that visitation detrimentally affects the child's welfare. Sometimes, stuttering, bed wetting, atypical behavior or poor school performance may indicate emotional problems.
•Child's Wishes - The courts may consider the child's wishes as to visitation. The weight to be given the child's preference depends on the child's age and maturity.
•Mental Illness - A parent's mental incapacity does not automatically deprive the parent of visitation rights. Visitation rights may be curtailed only if the court determines that there is a potential for harm to the child due to the parent's condition.
•Substance Abuse - A parent who abuses drugs or alcohol may be denied visitation only if the conduct endangers the child's welfare. When the parent's alcoholism causes the parent to use abusive language or to mistreat the child, the court may deny or restrict visitation
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.
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