Other stuff goes here and anywhere

Title of your website

Title of your website

Description of your website

Other stuff goes here and anywhere

Bellevue Family Law and Child Custody - Basic Facts

Every parent going through a divorce takes child custody as a very important issue. Many disturbing questions come to mind: Who will my kid live with? How much will I get to visit my kid?

Bellevue family law is directed by Washington State family law. It applies the rule of "best interests of the child" to decide custody. The residential plan for the kid after divorce is decided by what is in the kid's best interest.

Well, this rule may sound vague but it takes into consideration the fact that all families are only one of their kinds. Therefore, the law should be flexible enough.
Another thing to keep in mind is that the most 'effective' parenting plans are those in which the parties agree to the terms themselves.

'Effective' means that the parents follow it. It works all in favor of a child so that he is able to flourish. Bellevue family law attorneys work hard to know the particular situation of the case in order to make agreements easy.

Mostly, it is very difficult to openly negotiate with the one you have determined to divorce. In such a case, the best interests of a kid can be at stake. In such events, Bellevue family law needs that the parties attempt arbitration of a divorce case. This shows that how much the courts insist upon mediation process.

Some supervision disputes turn to be violent, and when this takes place, experience lawyers can deal with it. The Bellevue family law is considered to be highly effective.

New York State's New Legislation Impacts The Financial Concerns of Family Law

The summer of 2010 may be remembered by many Family Law practitioners as the "Historic Summer of Legislation" that will forever change how matrimonial law is practiced in New York State. There have been five major changes of legislation; new laws that many in the legal community have strong views about. These changes include significant financial implications.

These five major bills address the following:

1. Significant changes effectuating child support modification (Bill # A8952); effective October 13, 2010,
2. "No-Fault" Divorce (Bill # A3890); effective October 12, 2010,
3. The new Counsel Fee Bill that addresses payment of attorneys' fees (Bill # A4532) on behalf of the less monied spouse; effective October 12, 2010,
4. New procedures for setting awards of temporary maintenance while a divorce is pending (Bill # S08390); effective October 12, 2010, and
5. Limiting the grounds by which orders of protection may be denied, or applications for such orders may be dismissed; effective August 13, 2010.

For those of you that have been following our blog throughout the summer, you are very much aware of how the legal community has been intensely interested in these and other changes. For instance, on our podcast Forensic Perspectives, we interviewed the Honorable Sondra Miller on the topic of No-Fault Divorce. In addition, I recently participated in a panel discussion with three prominent attorneys on New York State's Current Legislation to Develop Maintenance/Alimony Guidelines. Additional information regarding these programs are available on our website.

According to Governor David Paterson, in addition to bringing New York's divorce laws into the 21st Century, "These bills fix a broken process that produced extended and contentious litigation, poisoned feelings between the parties, and harmed the interests of those persons-too often women-who did not have sufficient financial wherewithal to protect their legal rights."

So how is the divorce process now going to be different for Family Law practitioners?

Let's quickly look at some of these new provisions.

No-Fault Divorce

Before the "No-Fault" legislation was passed, couples at both ends of the economic spectrum often had to leap over hurdles addressing grounds. With the passing of the No-Fault Legislation, grounds are no longer an obstacle, if certain financial and custody issues have already been resolved. It should also be noted that the no-fault provisions are only applicable after a marriage has "irretrievably" broken down for six months or more.

Counsel Fees

The Counsel Fee Bill is intended to cure instances where the parties have significantly different economic resources. In situations where one party has significantly more assets and/or higher income, the less monied spouse will now have access to funds for attorney fees. It is often said that "all is fair in love and war". This legislation is intended to even the playing field of the less monied spouse by providing resources for legal representation. In the end, the court still must exercise its discretion. Many legal practitioners have welcomed this change, but are cautioned to understand that no one will be given carte blanche.

Temporary Maintenance Guidelines Bill

The Temporary Maintenance Guidelines bill will allow for a speedy resolution of the maintenance issues. It is intended to prevent the non-monied spouse from descending into poverty because they lack the resources to obtain a temporary maintenance order. The guideline amount of temporary maintenance is the sum derived by a formula set forth in the statute. The Court has the right to make a durational temporary maintenance award which ceases prior to the end of the case or death. If the Court finds this award unjust, as determined from this formula, it can be changed.

Modification of Child Support

The Family Court Act ("FCA") was amended to conform provisions governing the modification of child support orders to the Domestic Relations Law. This change would allow modification of an order of child support due to "substantial change in circumstances".

In addition, unless parties specifically opt out, the court can modify a post October 13, 2010 order where three years have passed since the last order was entered, modified, or adjusted. Substantial change in circumstances is generally defined in a change in either party's gross income by 15% or more. A reduction in income shall not be considered as a ground for modification unless it was involuntary and the party has made diligent attempts to secure employment.

Chapter 341 of the Laws of 2010

Various provisions of the Family Court Act and the Domestic Relations Law have been amended by Chapter 341 of the Laws; effective August 13, 2010. They provide that a court "shall not deny an order of protection solely on the basis that the acts or events alleged are not relatively contemporaneous with the date of the application." The duration of any temporary order shall not by itself be a factor in determining the length of any final order. It applies to all orders of protection pending or entered on or after the effective date.

As you can see from this overview, these changes will significantly impact how you approach a matrimonial case. While this summary is not intended to provide a complete analysis of the changes, you can easily see the financial implications concerning your current and future case load. Many of the local Bar Associations are conducting CLE classes addressing these changes. We have been fortunate enough to have sponsored a number of them. For further information regarding these classes please contact your local Bar Association.

How To Hire a Family Law Attorney

A family law attorney can perform a variety of services that you need to protect your family and your family's assets. Whether you want to set up a Living Will, a Trust for your estate, or want to hire a family law attorney to help you navigate a marital dispute, not all lawyers are created equal. Here are seven things to ask about during an initial consultation with an attorney to help you find the best legal representative for your family.


You want to be sure any attorney you work with is fully experienced in any legal operation you require. Be sure to ask if the attorney specializes in family law, and ask about some of the cases he or she has worked on in the past. Ask which cases they were most passionate about, and how many years they have been in practice. Always ask for and follow up on referrals from past cases the attorney has been involved with.


Ask if the attorney will personally be handling the case, or if the actual work will be handed down to a junior at the firm. Try to get a feel for whether the attorney will actually give your case his full attention. Does he have the time to work on it? Is your case something that she is clearly invested in?


Attorneys can be expensive. To help you mitigate and manage legal fees, be sure to ask about each lawyer's fee schedule and payment terms. Will he work on retainer? Is there an additional hourly rate? What happens when your retainer is depleted? Is there a rate for calling and speaking to secretaries, paralegals, and other supporting staff positions?


You need to know you can reach your attorney and get a response quickly so you can make the best decisions for your family. Ask how the attorney plans to update you about case progress. Ask if and how you will be able to communicate with him. Inquire what kind of systems are in place to make sure you are updated in a timely fashion.


Request copies of all correspondence regarding your case. This way you will always be up to date about progress. Ask your lawyer to automatically copy you on all messages sent or received regarding the case, whether mailed electronically or through snail mail.


Ask for the attorney's goals as they relate to your case. Ask if he works from a collaborative point of view, asking for the perspectives and needs of both parents and the children to better handle any dispute. Most lawyers will encourage mediation whenever possible for many kinds of legal disputes.


Finally sum up your initial consultation with any attorney you are considering hiring by freely communicating expectations. Ask if he can give you an upfront estimate of the total cost of his fees. Ask which factors will influence this estimate. Ask what you can expect if you hire them to represent you, and what he or she would expect from you as a client.

10 Reasons to Hire a Family Law Solicitor When Going Through a Break-Up

Any type of relationship break-up can be traumatic, but where it was based on a long-term commitment - such as a marriage, civil partnership or the so-called common law relationship - it can be an especially difficult time. Here are 10 reasons why using a family law solicitor could be extremely helpful.

1. First and foremost, it's their job to help. Any questions, problems or legal confusion that you are facing can be dealt with quickly to ensure you are fully aware of the process you are facing.

2. Knowing what is going to happen can be allow you to plan for the future and make the moving forward process a lot easier to make. You can start to think about timelines and when you can expect to be embarking on a new chapter in your life.

3. The type of relationship you were in could have an impact on your rights and the process you're about to embark on. Whether you're married, in a committed domestic relationship or a civil partnership, it will be important to know what to expect.

4. If you and your former partner owned property together, a family law solicitor will make sure your rights are upheld. If one of you was paying the mortgage on a property prior to you co-habiting and the other subsequently joined that mortgage, you may have concerns regarding who is entitled to what. There may also be issues to resolve if one of you wishes to continue living in the property but cannot afford to buy the other person out. All of these problems will require a legal expert to sort out.

5. A family law solicitor will also be invaluable when it comes to understanding who is entitled to what when it comes to assets - both financial and possessions. To have someone in your corner, looking after your rights, will be very important.

6. If you and your former partner have children together and either you can't agree amicably over custody or you just wish to make sure things are official, a family law solicitor will help you.

7. You may also require legal support to sort out child support payments and make sure a fair amount is being provided.

8. While a new marriage can make an old Will null and void, the end of a marriage does not. In the event of your death, your former partner may still be entitled to your assets. If the end of the relationship means you no longer wish for this to be the case, a family law solicitor may be needed to help you create a new Will.

9. If the relationship is coming to an because you are the victim of domestic abuse, you may have concerns about making a clean break and the possibility of starting a new life away from your abuser. A solicitor can help this to become a reality, so it's important to get their support and advice.

10. One of the main advantages of a family law solicitor is that they will help the process go as quickly as possible. They can ensure that problems are ironed out efficiently, so that you can get on with your new life as soon as possible.

Considering a Career in Family Law

If you are considering a legal career in family law, you should understand all of what goes on in this very large and diverse field of law.

The term family law refers to a broad practice area of all the legal issues that families confront. Some of these include the following: divorce, spouse support, child support, child custody, partition of assets/liabilities, adoption, terminating parental rights, paternity, child abuse/neglect, protection from abuse.

In family law, you have the chance to be not just a lawyer who assess and advises a client on her legal rights. You also can assist a person through a very trying time in her life. You will find it most rewarding to help someone through such a painful period of her life. This area in the law field can be one of the most personally satisfying for this reason.

On the other hand, you may find that working on family law cases can be very stressful and upsetting to you personally. It can be hard to see your client become so upset during the hearings and interviews. One of the hardest parts of family law is when one or both parties is determined to make the process as painful as possible to cause the other person as much pain and stress as possible.

Each day in your career in family law, you will be confronted with new issues and problems from your clients that you need to resolve fast. For example, you might have to handle a custody exchange that was missed, or a fight about how to deal with the custody of a child over Christmas, or what to do when one person takes money out the bank account of the other.

You will find that new issues come up every day in this field of law. It can make crossing things off your to do list quite difficult! The list can seem to keep growing no matter how much you think you take care of. You will typically spend many days returning telephone calls, negotiating small issues with the other spouse's attorney, writing correspondence, preparing pleadings for the next court date and attending hearings and motions.

You will take a lot of your week in family law being in court for hearings. These can last 5 minutes or a few hours. Sometimes you will a trial that lasts for days.

The employment prospects for lawyers in this field are growing because more people are getting divorced. Also, there is a good deal of turnover in this field of law because it is a stressful career.

If you want to be an effective litigator in this area of the legal field, you need to be both a good litigator and negotiator. You need to manage your time well, because this field of law has a lot of interruptions and changes of schedule. It also is very helpful if you are good at counseling others who are going through a very upsetting time of their lives.

You also should be able to deal with accounting and finances well so that you can give advice to your client, and so you can present financial data effectively to the court.

Family law is a very exciting legal field, but there is a lot to learn and digest. Hopefully the information here will encourage you to dig further to see if this career is for you.

Family Law - Find a Great Family Law Divorce Lawyer & Attorney

Family Law is a specialty that not all 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.

If you are thinking about it not being a child 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.

How Assets Are Divided Under State Family Law

Divorce is the end of the road for a marriage and means that you are parting in every way. This included dividing assets accumulated before and during the marriage. Each state's laws vary on how assets should be dispersed between spouses. Pre-nuptial agreements can protect some assets such as a home owned before the union. When there is no pre-nuptial agreement, even items acquired before marriage must be accommodated for. In many cases the assets may need to be sold and the money made is divided evenly between the two of you. Some states do award equitable shared where both parties receive different percentages.

Divorce attorneys can help you identify and determine the value of assets along with negotiating for your best interest. It is always better if you and your spouse can reach an agreement on how all assets should be divided. If you cannot, the decision is left to the judge in most states. Divorce courts deal with all types of assets including frequent flyer miles, houses, time shares, pensions, pets, family businesses, and many others. When two parties can't agree, it is normally out of anger and they are fighting to see who gets the last word. In cases where this occurs, a mediator may be brought in to assist you in working together and finding common ground.

Marital property is any property or debt that was obtained during the marriage. This includes your property increasing or decreasing in value. Separate property consists of property owned before marriage including gifts or inheritances that were given to you as an individual. Separate property can be listed in a pre-nuptial agreement that will keep it protected no matter what the circumstances are.

Property issues are normally settled between the two of you. You will sign a document called a marital settlement agreement when nothing is contested. Otherwise the superior court will award the property within the decree of divorce. When the two of you cannot reach a decision, the court has specific processes it will follow to divide the assets. The discovery process will be used to determine what assets and debts are part of the marriage. A monetary value will then be assigned to each asset and debt. State family law included equitable distribution for assets. Equitable distribution is when the judge using certain factors to determine how the property will be divided fairly and not necessarily equally. These types of factors include income, age, and who is responsible for children.

In order for your lawyer to be effective in helping you determine your assets and how they should be divided, you need to know what assets you have and whether they are marital or separate. Being able to define this for your attorney will make their job easier and they can focus on more important things like filing all the documents and determining what to do if the other party contests the division of assets. Try to reach an agreement with your spouse so you can both get items you desire or be compensated how you see fit. Otherwise a judge will do this for you and the results could be devastating.

Family Law Attorney Will Get the Results You Want

If you are involved in a custody dispute or involved in some kind of domestic disagreement, you may be in need of a lawyer that specializes in family law. This is the person who will take a look at your case and help to get everything resolved to your liking. Family and domestic affairs are often very tricky matters to resolve. Many times they are not as simple as making a decision and hoping that all of the parties involved accept it. These matters have many different layers that need to be sorted out before any type of agreements can be considered.

Hiring a good family lawyer to represent your side of the situation is the best way you can win your case. This attorney will work for you and do everything in their power to get you the judgment you seek. Trust is a major factor between you and your attorney, so make sure that they are aware of every detail so that there will not be any surprises later during the resolution of your case. Using a good lawyer will also speed up the duration of your dispute, so instead of it dragging out for months on end and being no closer to an agreement; your case will be wrapped up as soon as possible.

An attorney that is well versed in handling domestic affairs is one that has lots of skill, expertise and knowledge on the laws and stipulations that involve family law. They can take the laws and apply them as needed to your case and provide you with any advice you may need. They are your voice in court and their reputation often carries weight with the courts.

It doesn't matter what the domestic nature of your dispute is, an attorney who is well versed in family law will be able to guide you through it all. To give yourself the best chance at winning, choose a reputable lawyer. Good lawyers are not cheap, however it is often better to pay more for skill and expertise so that you win your case, instead of being cheap and hiring an attorney who is not able to deliver the results you want.

Remember that an attorney who specializes in family law is a one that handles cases that involve divorce, adoption, custody arrangements and visitation and other disagreements that are prevalent among family members including prenuptial agreements and couples that are not yet married. If you need assistance in any of those matters, hire a qualified lawyer to get the best possible outcome.

Once you have gotten your case resolved, be sure to stay in touch with your attorney. Great attorneys are a dime a dozen and you never know when you are going to find yourself in need of their services again. It is not easy finding a great attorney who delivers results, so now that you have found one, keep him in your speed dial.

Family Law Attorney - What Does One Do?

Few lawyers are in as much demand as the family law attorney. Across the country, divorce rates are as high as they have ever been, meaning many are seeking out the representation of counsel to handle their proceedings. Some states have begun changing the laws to make it easier for people to handle their own divorces, but this simply does not work when there are complicated issues involved or a great deal of money at stake. For those who do not understand exactly what it is that a family law attorney does, here are some of the aspects of the job.

It is important to understand that a family law attorney is not restricted by matters of divorce, even if that is what they are most closely associated with. They are specialists in all matters of legal issues involving families. Divorce happens to be a big part of that, and child custody battles are usually running a close second (not to mention that child custody is usually a natural follower of a divorce proceeding). They are also involved in other legal matters, including paternity disputes, annulments, adoption, and prenuptial agreements.

If you are not sure whether or not you need to hire a family law attorney, look at the situation you are in. If you are about to enter into a divorce and you are not confident of your legal footing, you should definitely contact a lawyer who can guide you through the process and fight for your rights. It might even be worth contacting a lawyer before you tell your spouse that you want a divorce. This can help you avoid pitfalls that sometimes come along with letting one half of the partnership take control of how the divorce goes. However, as noted, divorce is only one reason why you might need representation. Anytime something involves a family affair and you are not sure how to proceed legally, you should seek the advice of counsel.

Of course, knowing you need to hire a lawyer and knowing where you can find one are two different things. Obviously you can throw a dart in the middle of any city and probably manage to hit someone who can represent you, but there are better ways to find good counsel. If you can find someone through the advice of friends or acquaintances, that is usually best. These people will tell you directly whether or not they had a good experience with their family law attorney. Second to that, you can always contact the state bar association and use their referral service.

Important Considerations For Finding The Best Family Law Firm

While doing research for getting the services of the best family law firm in your local area, you should focus upon a few valuable tips and suggestions. As family matters are often considered to be sensitive, you want a family lawyer who does not only do the legal part, but helps you as a friend as well. Considering the options that are made available to you, you would have to find an accurate way to make the right decision.

While you are doing your research to find the right professional for your legal support, make sure you ask different people for their recommendations and guidance. It is important that you discuss it with your friends and family members and see what they have to say about it. If they know someone that may be of any assistance to you, then you can have peace of mind as you trust them.

If there is no one you can trust, you may have to look for independent sources to get the information you need. The best place to start your search is the Internet. Open a browser and look for results on the family attorneys in your area. An interesting and effective method is to make a list of potential divorce attorneys in your local area.

After you have made a list of your own based on your preferences, you would need to perform a background check on those attorneys. Make sure to check whether the professional has a website or a blog. Considering the importance of online business promotion and marketing, almost anyone should have a website to let people know about their services.

The next important thing is to be able to know about the experience of this family law firm in the relevant field. A good attorney is the one having significant amount of experience and expertise in family law matters. To know about the experience and reputation of the attorney in your city, you can consult with different people in your area.

Certification is something that you must give preference to. Without certification, you should not hire a lawyer. A certified attorney is considered to have completed the desired academic requirements before beginning to pursue a career as an attorney. Ask for the license number for complete guidance.

Getting the assistance of the best divorce lawyers demands a lot of research. But, if you do the right thing, and you know what you need to look for, you are most likely going to make the right decision. Make sure you maintain a balance between price and quality.

Is a Family Law Attorney Right For You?

Have you ever been in the need of a family law attorney before? If you have ever been in any kind of domestic issue you may well have. Basically, this branch of law deals with anything having to do with the modern family unit. It could be anything from marriage to divorce to adoption, or to abuse such as child or spousal. There are many other things it can deal with, but you can probably figure them out. Basically, if it's something that is related to a union of some sort or having to do with children it probably falls under the category of family law.

If you are in need of somebody for this type of issue, it is recommended that you go with an attorney who has specialized in family law. Several attorneys choose to do this, and so they take additional classes and even try to get certified so they can exclusively practice it. That is the kind of attorney you want defending you or prosecuting someone who is against you.

If you're trying to figure out a way to locate the right family law attorney there are several methods out there. You can use our referral service for your city that will help you locate specialized attorneys. They'd work hard to help you find the perfect player for your situation. Not only that, but they give you a choice of several so can have your pick. This is a great service for both you and the attorneys, so everyone is happy.

When you meet with the lawyer for the first time in a consultation you can really get a feel for whether or not they are the right person for you. This gives you a chance to talk about what situation you're dealing with as well. This is the perfect time for you to really decide whether or not you like the attorney and want them representing you. This is a great option because it really allows you to pick someone who you are comfortable with and who you feel will really be on your side and succeed for you.

What you should look for is an attorney that is able to translate the lot into layman's terms so you understand. They should be able to explain the law as it applies to your situation in a very simple way and you should go away from it feeling empowered. If you can understand the attorney because he isn't very good at explaining the law to you, then that should be a sure sign that he's not the right person for the job. In that case you go on to the next candidate.

Whatever you do though, don't rush the decision. If you're having trouble finding a lawyer, don't settle unless the matter is extremely urgent. The whole process might be an expensive one and it will take a lot of your time so you want to do it right the first time.

Find a Divorce Lawyer - How to Find the Best Family Law Attorney

Make an Informed Decision When Retaining a Divorce Lawyer

Finding the right family law attorney (or divorce lawyer) is a process that many people are not entirely comfortable with. People often don't know what qualifications to look for. Often the only information people have to go on is a recommendation from a friend, or listings in a phone book. But retaining legal representation for your divorce is a process that warrants some extra due diligence on your part. Here are some tips to help you find the best divorce attorney for you:
Create a list:
You could open the phone book to 'divorce lawyers' and just point to see which you see first. But there is a better way. If you feel comfortable asking friends to recommend a divorce lawyer that may be a good place to start. You can also check one of several reputable family law yellow pages on the internet. Those directories will help you find qualified divorce lawyers in your area. Make sure you only consider family law attorneys who practice in the county where you live. The details of family law can vary significantly from one county to another.
Narrow the list:
Whittle your list into a "short list" of lawyers who are actually worth interviewing.

  • Look for lawyers who have devoted their entire practice to the area of family law. Several states offer certifications in family law legal specialization.
  • Ensure that the divorce attorneys on your list are in good standing with your state bar.
  • Also, while there is no single label that universally identifies good divorce lawyers, a generally respected lebel is the Martindale Hubbell peer review rating. Attorneys only qualify for this rating after they have been admitted to the bar for five years or more.

Meet face-to-face:
Once you have narrowed the field to a manageable number of candidates, schedule in-person meetings with each of the divorce lawyers on your list.

  • Be aware of the responsiveness of each firm or attorney to your meeting request. You want to be sure that the family law attorney you retain is able to devote an adequate amount of time to your case; if it takes 3 business days or more to get a call back it may be an indication that they are too busy to give your case the attention it deserves.
  • When you do meet with your short-list candidates, ask about their experience with cases like yours. For example, if you expect a contentious custody battle, ask them to talk about their experience with such cases.
  • Realize that the attorney you interview may not be the one who is actually assigned to your case. Ask which associate will be working on your case, and meet that individual as well. He or she will likely be your day-to-day point of contact and it is important that you feel comfortable working with him/her.

If it's worth hiring a divorce lawyer for your case, it's worth this extra homework up front. Take the time to create a qualified list of candidates and have a better chance of finding the best divorce attorney for you.

Family Law Attorney - Why You Need One

Whether you want to adopt or are going through a divorce, there are many reasons to get a family law attorney to help you make it through such situations. Taking the time to get legal representation can save you lots of stress and frustration. Explore a few common reasons to consider this kind of lawyer.

Getting a Divorce

Initially, most people are completely devoted to one another and cannot imagine life without that person. However, as years go by and things happen, such as infidelity, uncovered secrets, personality changes and more, the best bet may be to get a divorce. Doing so can be really messy if both adults are angry. Sadly things are usually even worse if the couple has kids. Instead of going for each other's throats at every meeting, take the time to hire a family law attorney. This way, you can have someone that can make sure you and your spouse part ways in a decent manner as well as take your kids into consideration.

Dealing With Child Support

Having to worry about whether you'll be able to support your child can be stressful to say the least. So if you have a former significant other or spouse that is supposed to help you financially but isn't living up to his or her part of the bargain, then it may be a good idea to get a family law attorney. This type of lawyer will be able to guide you through the process of putting the other parent on child support as well as explain the law as it relates to your case. This way you will feel confident knowing that you have done what's necessary to ensure you get the monetary support you need as well as peace of mind.


Wanting to protect a child from abuse can feel like an uphill battle if you don't know your rights or the rights of a child. In order for you to do everything possible to stop the abuse, it would be best to hire a family law attorney. This lawyer knows just what to do in cases like these and can inform you of what can and cannot be done as it relates to child abuse. There are many things that have to come into play to prove that a child is really being abused by someone. If you tried to handle the situation on your own, your case most likely would not be able to stand up in court. Yet, by having a good family law attorney on your side, you can feel at ease to think there's someone that will help you fight to protect a child.


The thought of wanting a baby and realizing you cannot have one naturally can be extremely devastating. This is why so many people turn to adoption to help them achieve their dream of having a family. However, there's a lot involved when it comes to trying to adopt a child. There's a legal process that you must go through, and it's good to get a family law attorney from the start. This way, you'll have an expert to lead you through all the details that go into becoming parents of someone else's child.

Family Law Facilitator - Getting Help From Family Law Facilitators

This article provides information on what a family law facilitator (herein after referred to as "facilitator") is and can and cannot do in terms of providing you assistance with your family legal situation. Each California Superior Court should have an attorney or facilitator office (sometimes called the family court clinic) that can provide free help with your family legal related matters. These attorneys work at the court facilitator's office. Some facilitator office's have both attorneys and paralegals on staff to provide non-legal assistance to consumers seeking help with their family legal issues.

What a Family Law Facilitator Can Do - The services provided at the California Superior Court by each facilitator office at can vary. In some counties the family law facilitator can show you how to fill out court forms, help you with your dissolution or divorce or child custody issues while others do not. Some counties limit the facilitator's services to only child support issues, spousal support issues and protracted health insurance cases. In some counties a facilitator can meet with you individually and provide you information and options but cannot act as your attorney, represent you or provide you with legal advice.

What a Family Law Facilitator Office Cannot Do - A facilitator cannot be your attorney and represent you on your case. Also, a family law facilitator does not provide you with legal advice. You'll need to hire your own attorney for legal advice about your situation and strategy for your case. As a result, there is no attorney-client relationship between you and the court facilitator. The facilitator is available to the public and can therefore typically help you and the other party. Notably, your communication with the facilitator may not be private or confidential. If that's the case, if the facilitator office is subpoenaed to court there may not be an attorney-client privilege that would protect your conversation and make it confidential.

For local family law facilitator rules and information you would do well to consult your local California Superior Court facilitator office. For legal advice about your situation however, you'll want to consult with an attorney in your area to find out where you stand legally on this matter, how the law applies to your situation and what your legal options are.

2010 Child Custody Coach™. All rights reserved.

Finding a Divorce/Family Law Professional

When you are in need of a Divorce/Family Law professional or lawyer, you need extra effort in finding one. Think that the process you will be going through requires an adamant character who can handle both the emotional and legal issue of divorce and its consequences for both spouses.

When separation or divorce is being talked about, most people do not want to discuss the issue. This is understandable because the hard issues behind the topic can be stressful. Usually, when two married individuals decided to enter splitsville, they call their own Divorce/Family lawyer to deal with the demands from both sides. These lawyers specialize in divorce cases and should be able to handle the hidden and depth of the legal issues for their clients.

The first step into finding one that can handle your legal proceedings can be recommended by your friends or family. They can drop names into your list lawyers who have helped them get through their divorces well.

First, build a list. Resources can come from your initial recommendations. Another good place to look for is the online directories or phone book. You can view profile online for these types of lawyers so you can investigate the cases they have handled. Pick those who knows the state laws where you are currently married or has been living in with your estranged spouse. Many separation laws differ from different states and territories and so it is important to make sure that your short listed lawyers belong to the the same state.

Start shortlisting. You have chosen a few on your list so settle down for the next five names on your list. Find out about their experience and authenticity by checking the state bar and other affiliations or firms that they claim they belong with. Make sure that they have at least five prior years of practice in the divorce laws.

Know the associates. When you finally have at least three on your top picks, arrange separate meetings with the three candidates. During the initial meeting, find out about their firm or private practices. Ask them questions about custody, settlements, and state the general overview of your current divorce situation. Listen to them comment and answer your questions. Some firms send representative lawyers so make sure you are talking with the actual lawyer or if he is not available, always ask their associate to clarify who will be handling your case.

Finding the right one. Base on your listing and initial meeting, you can now find it easier to choose between the three shortlisted candidates from before. It is best to decide without pressure and in your own time so that you can really think about the hiring. Also, look into your own divorce terms so that you can openly discuss what you would want to happen during the process of divorce.

Divorce/Family Law has been promulgated to keep the basic family unit of society- the family - have their own rights and say protected by the state laws. It is an attempt to settle a very emotional issue with fairness and justice to keep both separating parties settle for amicable separation.

Do You Require A Family Law Solicitor?

If you've never used a family law solicitor, then you may be unaware of the full range of services they provide and the many different ways they can help your situation. Here to help are 10 situations where they may be able to help.

1. In recent times, one of the most popular reasons to contact a family law solicitor is if you're getting married and want a pre-marital agreement to protect the assets of one or both of the parties.

2. On the flipside, you may require a specialist's help if you're getting divorced and want to make sure everything is done properly.

3. If you are facing divorce and you have children, you may require a solicitor's help if you are facing a battle for custody.

4. Another of the major issues to sort out when couples divorce is property. A family law solicitor can work in your best interests to ensure you get what you're entitled to.

5. Beyond property, finances and possessions may also need to be sorted with the help of a solicitor.

6. Many grandparents also find their access to their grandchildren restricted following their son or daughter's divorce. To find out about their rights in these situations, legal support can help.

7. If you're entering a civil partnership and want to ensure everything is done properly, want to protect assets or need to know more about your rights, legal advice may be required.

8. If a civil partnership is coming to an end and you want to understand your rights better and need to sort any of the issues through points 3 to 6, a solicitor can help.

9. Family law solicitors are also on hand to help if you wish to sort a will.

10. And finally, another common reason for contacting a legal firm with family specialists is if you are in an abusive relationship and need help escaping the situation.

Do any of these relate to your situation? If so, it may be worth speaking to a family law solicitor today.

You may find a law firm that has a broad range of specialists, including an employment law solicitor or residential conveyancing expert.

When You Might Need A Family Law Attorney

There are plenty of family law attorneys in Towsen to choose from who can help you with your legal struggles. But often the problem is not in finding a capable lawyer, something readily available in most parts of the country. Many times people deliberate about getting a lawyer until it is too late.

The good thing about lawyers is it is part of their job to give you advice. If you are not sure if you need a lawyer then the best thing to do is just pick up the phone and ask. Lawyers are typically very busy, and also have very strict rules on how they are allowed to operate, so you should not have to worry about being told you need a lawyer when you do not.

Plus, you may be pleasantly surprised with how little they have to do for you. Oftentimes your lawyer will not even have to go to court for your particular situation. Do not let the old phrase "blood sucking" lawyers scare you away from getting one on your side. They may be a very good friend to have in certain situations.

Most people know that a lawyer is necessary for custody battles and divorces. But not every situation that calls for a lawyer is so bitter. You may want to consider an attorney if you are considering adopting a baby. Adoption can often be a complicated process with thousands of dollars and countless emotions on the line. A family law attorney in Towsen will be able to keep track of all of the federal, state, and local laws and help save you a lot of heartache and expense.

Inheritance can also be an important situation to have an attorney. It can be very important to make sure that your last will and testament ensures that your wishes are carried out after your death. Your loved ones will have to deal with inheritance taxes, dividing the estate between relatives, your remaining debts, and anyone else who may be clamoring for a piece of your finances. Having a stable attorney on call can help keep your estate from being divided up unfairly, or even being claimed by the government.

But most of all you should have a trusted attorney available for whatever life may bring. Having a Towsen family law attorney can ensure that you have a lawyer immediately present in emergencies, a constant source of legal advice for financial and legal decisions, someone who is locally available to answer your questions face-to-face, and, most importantly, is intimately familiar with the local laws as well as the state and federal laws.

Though going with a much larger law firm can often mean better, more affordable rates it is important to make sure that you have a constant person available to answer your questions, someone you can trust. Most people are much too busy to keep up with our constantly changing laws, so having a Towsen family attorney can help ensure that you do not have to.

Family Law - The Competing Issues of Bankruptcy and Family Law

Family law property settlements or applications for spousal maintenance may be further complicated where one spouse is bankrupt or considering bankruptcy. In these circumstances, a conflict clearly arises between the competing interests of a trustee in bankruptcy and the separated non-bankrupt spouse in determining how property should be distributed between the parties.

Currently, conflicts between the trustees of bankrupt estates and the separated spouse may be resolved by the Family Court who are empowered to make orders about property distribution even if such property is in the trustee in bankruptcy's possession.

Where family law proceedings have commenced, a trustee in bankruptcy may generally apply to be joined as a party to the proceedings if the Family Court are satisfied that the interest of creditors may be affected by any property orders that may be made.

In considering how property matters should be resolved in the context of bankruptcy, the Court must follow the ordinary principles governing the distribution of property between spouses and, also have regard to the effects of a potential order on the ability of creditor to recover their debt from the bankrupt spouse. The effects of an order on creditors is given particular attention when determining whether adjustments should be made in accordance with section 75(2) factors of the Family Law Act 1975 (Cth), that is, adjustments of property interest in consideration of factors including the health, age, earning capacity of the parties and whether either party has care of children of the relationship under the age of 18. If the creditor's interests are given greater priority than the interests of the non-bankrupt spouse, then the Court may consider it inappropriate to make any further adjustments to the property division based on these section 75(2) factors. However, it is important to note here that the balance of consideration must be towards avoiding the imposition of an injustice and hardship on the non-bankrupt spouse.

Further, where a non-bankrupt spouse has derived significant benefit from the actions of the bankrupt spouse, the Court may attribute some responsibility to that spouse even though there may have been little control in terms of the bankrupt's actions. This may have an impact on determinations of contributions to the asset pool between the respective spouses.

Also when parties consider entering into Binding Financial Agreements to resolve their property matters, it is important to keep in mind that such agreements may be set aside by the courts if either party entered into the agreement with a reckless disregard of the interests of any creditors or with the purpose of defeating their interests.

Family Law Attorney - Helping to Navigate the Legal Waters for Families

When you said, "I do," on your wedding day, it didn't mean that you hoped your marriage works out. No, it meant that you planned on being together for the rest of your lives. A lot can happen in the remaining fifty or sixty years from the time you first walked away as husband and wife until the day one of you is laid to rest. Unfortunately, some marriages don't work out. Divorce rates are on the rise and most of those are for irreconcilable differences. It's painful enough to admit that your marriage didn't work, but when there are children involved it's worse. This is when you need a good family law attorney.

Should it come to needing a lawyer to help you end your marriage, make sure it is someone who is well versed as a family law attorney. This way you are sure that someone who knows how the system works represents you and your children. You and your spouse may be separating amicably and have already decided on a custody arrangement. But you need someone to make sure it's all lined out in the legal documentation that the courts will require.

However, while most parties try to separate amicably for the children's sake, often it can be a nasty situation all the way around. The kids are used as pawns in the parent's twisted game of revenge. A family law attorney won't only try to get what is best for his immediate client, but also what is in the best interest of the children. Both parents might want the kids to live with them full time, but one might be better suited to take on that task while the other can visit on weekends and holidays.

A family law attorney isn't only useful in helping divorcing couples pound out their settlement and custody issues. These highly skilled lawyers can help single parents with issues of child support and paternity cases. If your former spouse or partner has slipped out and left you trying to juggle the bills and raising the kids, then you are entitled to some support. If paternity is contested, they can help you get what you need to prove paternity, even if you are not seeking to support the child.

A family law attorney can help in the many facets of family life when legal help is necessary. Divorce, child custody, child support, and paternity are the most popular reasons to hire one of these specialized lawyers, but that's not all they do. If you want to add a member to your household through adoption then you need one of these lawyers to help make things easier. They don't just help take homes apart. They also help bring them closer together.

Lawyers Handling Family Laws

Family laws are formulated by adjudicating former cases. These cases are different from one another in every respect. In such situation lawyers usually find it difficult to connote laws in their actual form. You need someone who can guide you and knows the insight of the expected arguments. Hiring a Sydney lawyer will be a better option, since they are expert in handling cases such like these. People are not completely aware of the complexities that may occur during the case. They need to consult Sydney lawyers from acquiring relevant details. Public must be aware of modern progression made in the legal system.

Lawyers of Sydney have a remarkable reputation because of their consummate awareness about the parochial judicial system. They attempt cases that seem prior and aim for active accomplishment of the case. Commonly, cases involving family laws consume much time to reach a conviction. Looking at the brighter side, such cases do not involve pressure and the family is given ample time to think carefully before the final decision is taken. Take an example of divorce cases, attorney provides sufficient time to the couples to think, ponder and even compromise before reaching conclusion. And Sydney lawyers are there to co-operate with them duly.

Handling cases related to families are complicated. The situation of case becomes more complex when high profile is present. Lawyers of Sydney skillfully orient both persons so as to settle down the dispute soon. One will be amused to see the skills and expertise involved in convincing the parties by Sydney Lawyers. Intellectual and profound knowledge of laws is required to handle such family issues particularly cases related to divorce. Judiciary appreciates altercation provided with concrete proofs. Couples that intend separation are asked to provide authentic anticipation about the future of their off springs.

Sydney legal system is well known for settling divorce issues skillfully. Sydney lawyers play an acute role in resolving the dispute between both the parties. They are more concerned about the welfare of their kids and urge both the parents to think sensibly. Sydney lawyers provide all the detailed facts of family laws before the jury so as to support their argument. They also altercate on major issues like required maintenance, granted alimony and other marital disputes. They further argue on the custody of children, it is believed that the custody of kids below 3 should be given to mother as a child needs her mother the most in that period.

Lawyers of Sydney intend to settle down the dispute between both the bodies and not let them apart unless that's the only way left. There have been such cases observed in which divorce is the best option for example infidelity. The lawyer involved must be talented and smart, since he is responsible for creating a fair and easy environment for both the partners. Cases like divorce require discussions and dialogues. An intellect lawyer comes up with solutions through these conversations. He plays a vital role in planning what measures to be taken so as to settle the case affably.

An Affordable Family Law Attorney May Provide a Valuable Helping Hand

Going through divorce proceedings, child custody battles or child support disputes may prove to be a challenging endeavor for some parents. These cases may be stressful or emotionally taxing for some, preventing them from focusing all of their energy on their case.

Moreover, many states may have different laws regarding family matters, making the process all the more confusing for some people. An affordable family law attorney may be quite helpful in guiding their clients through their legal proceedings.

Let's use California as an example. Determining one's rights in regards to child custody, child support and visitation rights may be confusing. Much depends on whether the child was born in or out of wedlock. If the child was born in wedlock, fathers may face a much easier road in terms of exercising their visitation or custody rights.

Mothers, on the other hand, may deny the father visitation rights unless a Court says otherwise in cases where the baby has been born out of wedlock. Either party may request a DNA test to determine the father of the baby. Women who want to collect child support for a child born out of wedlock must file a Petition to Establish Parentage and an Order to Show Cause for child support.

Men seeking custody, visitation rights or even monetary support for their child must file the same papers to achieve these rights if their child was born out of wedlock. A Court often takes several factors into account when making a decision regarding custody, child support and visitation. Generally, the Court will not deny the father visitation rights unless it is determined that it is in the child's best interest that the father is not granted such rights.

Of course, these laws may vary depending on the state in which the parents reside. An affordable attorney specializing in family law may provide further insight as to the rights of parents in terms of visitation, custody and child support.

Family Law Attorney - Who Are They

What is a family law attorney and why are they necessary? It is even more crucial you are familiar with these experts of family law since it seems strong families are becoming less and less in our modern day.

Here is a fact that is unfortunate but all to often becomes reality in 2010. When a mother and father gets a divorce and the family is divided the costs go way up. When all home expenses are shared by the man and woman the burden of making a living is also shared.

After a divorce everyone's standard of living is lowered due to the fact that two separate households, versus one, has to be maintained. The state courts are then given the duty, unfortunately, of dividing the resources that used to support one family unit into two parts.

Its usually impossible to do this equally because many things the couple owned together cannot be simply cut in half. For instance a home cannot be sawed in half thus enabling each former spouse to get a half of it. This especially is true when there are children involved. The needs and expenses of the children involved changes from each passing year. The costs involved in raising elementary aged kids are much lower than the costs in raising teenagers.

In addition to that problem the circumstances of the adults involved changes. The income of the person ordered to pay child support or alimony, be it the father or mother, can drastically go up or down as time goes on.

And we have not even touched the issue of child custody including outlining visitation rights. With the divorce rate as high as it is in 2010 it does not take a genius to wonder why family law courts are always packed and system is overloaded. It is impossible to navigate all the courts, red tape, and legal documents with the help of an expert who deals with those things for a living.

Hopefully you understand the reason why a family law attorney at law is necessary when dealing with these sticky situations. These types of attorneys specialize in the field of law that deals with all family related issues and relations of the domestic nature. These fields include anything having to do with marriage, civil unions, domestic partnerships, abuse, legitimacy, adoption, divorce, marriage annulment, alimony, and child support payments.

The better they are familiar with each subject the better they are at winning the case (though really nobody ever wins when it comes to these types of cases). Many family law attorneys specialize in a niche somewhere within this giant field that gets bigger every year. One family law attorney will likely be more adept at marriage contracts than divorce proceedings. Another one might be excellent at property division while another attorney in the same general field will excel in nullity.

Depending on your needs it is a good idea to ask a prospective family law attorney what he or she focuses on and decide if that area of expertise is what you require.

Hopefully you never need a family law attorney but if you do you now know exactly what they do and how you can use them.

Family Law Relating to Children - UK Law

One of the most important parts of our legal system is that which deals with children in the family situation.   Divorce is never pleasant but can be particularly hard for the children who can often end up blaming themselves for their parents' separating.

What most people want to know if they are separating or divorcing is what will happen with the children, where will they live and how often will they see the other parent? Not surprisingly there are as many answers to this as there are separating couples so it is not possible to give specific advice here. What is clear from the law is that in any proceedings between the parents (divorce, financial, contact), when making an Order, the Court's paramount consideration will be the welfare of the child.

Good legal advice should always start with suggesting that the parents try to agree what will happen with the children between themselves and to propose mediation to help with the discussions where possible. Mediation adds an independent element to the discussions and can often be a useful way to sensibly discuss and resolve disputes about the children. Agreements of this kind have many advantages; they are flexible, they should allow for the arrangements to develop over time as the child grows, and it is more likely that sensible agreements will continue because both people will have had a part in them rather that having an arrangement forced upon them. Legal Aid may be available for mediation.

When agreement is not possible then it will be necessary to apply to the court under the Children Act 1989 to have the court make an order variously stating with whom the children should live and how often they will see the other parent. The court will often ask for a report from the Children and Family Court Advisory and Support Service (CAFCASS) to help it decide what decision to make in the best interest of the child. Although children are not generally represented in the proceedings, depending upon their age/maturity provision can be made for their wishes and views to be taken into account and they can take part in the CAFCASS reporting process. If it is necessary to submit to the court process then good legal advice is vital and solicitors on the Law Society's Family Law Panel have the specialist knowledge to deal with these cases.

Legal aid can be available for cases involving children dependent upon your income and savings. You should ask about this when seeing a solicitor.

The law can intervene also to protect children. Most often if the County Council Children Services team decide that a child is at risk of harm or neglect they will take steps to protect the child by placing them on the at risk register or by starting court proceedings which can lead to the child being permanently removed from home and placed in care or placed for adoption.

There is a broad range of reasons why the County Council may become involved and not all of them ever lead to court. Social Workers do try to help families stay together and if it is felt necessary to appoint a Social Worker then good legal advice would be to try to work with them and to see them as a support during a difficult time rather than as the enemy as it can so easily appear.

If matters do develop and court proceedings are threatened or started then getting the correct legal advice is most important. Again Law Society Family Panel membership shows that a solicitor has the experience and skills that you need. Legal aid is always available to parents involved in these types of court case irrespective of their income or other finances so it is worth while seeking advice from a solicitor contracted to grant this.

Family Law Attorneys

Conflicts that result within families are often the most difficult to settle in a civil manner. Usually these encounters result in items that each person has an equal share over being distributed fairly. Attorneys that are categorized in the "family law" sector are available to help people deal with matters concerning this type of situation, especially for cases involving a divorce. Since filing for a divorce goes far beyond a quick signature it is highly recommended to contact these professionals to help aid you through the dreadful process. Although all related matters are far from ideal on any level, a lawyer is sure to help lighten the load tremendously. There is a reason that their services exist and one of them just might be suiting for your exact case.

One of the reasons that a family law attorney is helpful is to ensure that all finances and property owned by a couple get split in to fair portions. Everything from accommodation to household furnishings is included in this bracket. In addition to belongings, a lot of cases deal with couples who have gathered debt together over the years. Who is responsible for paying these sums back? The fair answer would have costs split equally, but without a lawyer's help you can find yourself stuck with the entire amount. Opposing lawyers and partners often strive to have their side come out on top and leave you with nothing. Preventing this through the help from a trained professional is the best way to keep the materials you have worked so hard for.

An even more serious matter that family law attorneys deal with is any children that may be involved. This is not a situation that you want to risk handling on your own. Often custody is given to a certain person based on single facts, leaving the other distraught and heartbroken. If you desire custody, or not, your lawyer will fight with you to achieve the goal you want. There is no reason you should be tricked out of guardianship simply because you came unprepared with an attorney to help back you in the case.

There are many more involved details that come with cases involving children. You may not be aware of the financial portion until your attorney lays the facts in front of you. They will help you obtain a fair child support rate whether you are the one paying or the one receiving. Being sure that your money and emotional state stays positive is their prime goal. You don't know what you are capable of losing in a family law case until it's gone. Prepare by protecting yourself by hiring an attorney and they will promise to protect you.

Exposing the Myths in UK Divorce and Family Law

Divorce and separation seems to be one of those areas where everyone thinks they know their rights and those of everyone else involved.

Whether it is how much a partner will get in any financial settlement, how much child "maintenance" an absent parent will have to pay, who gets "custody" of the children, or the intricacies of the legendary commonlaw partner, friends, family and colleagues are always ready to wade in with "helpful" advice. But the fact is that that family law is complicated and it is practically impossible for someone to get a satisfactory outcome from a divorce without expert legal advice.

Even if your best friend, brother or next door neighbour has been through a divorce themselves, every case is different, so a family law specialist must be called on for advice and to look at the individual circumstances to assess the best approach.

Common in law?

As mentioned above, the phrase "commonlaw" is one that many people throw around when talking about unmarried couples. The widespread misapprehension is that if a couple have lived together for a certain amount of time, they are considered to be commonlaw man and wife and so have entitlements and claims on each other's possessions. This is simply not the case.

Only when a couple get legally married - or a same sex couple enters into a civil partnership - does the union automatically have legal implications.

The exception to this is if a couple draw up a living together agreement, detailing what each of them has and how they would want things to be arranged in the event of them splitting. These are increasingly important and couples are finding them essential to deal up-front with issues that may arise later like, for instance, who owns what, what happens to the finances and parental responsibility surrounding any children.

No one "gets custody"

Custody and access no longer exist in legal terms. The court can no longer award custody of children to either parent. So for someone to suggest that an individual (probably the father) will not get custody if a couple divorce is a redundant statement.

Instead the court has the power to make certain orders which may affect where the children live, how frequently an absent parent sees them, and so on.

Court orders will only need to be used if an estranged couple cannot agree between themselves. A residence order says where a child should live. In rare circumstances the court can make an order in favour of more than one person, stipulating how much time the child should spend with each.

A contact order regulates telephone calls, visits, weekends or holidays with the absent parent. A family lawyer can arrange this, but wherever possible a couple is encouraged to agree on their own terms as such orders can ultimately be difficult to enforce.

Maintenance myth

Since the introduction of the Child Support Agency (CSA) in the early 1990s, the courts have had no general power to deal with maintenance for children. They can now only make maintenance orders for children in a very limited number of special cases, such as when both parents apply to the court for an 'order by consent', where there are school fees to pay and a child is in full-time education, or when a child is disabled and there are care costs, for example.

So if anyone claims they are going to court to get maintenance or "to take them to the cleaners", you might want to suggest that such a situation is unlikely and they should seek the input of an experienced family law specialist.

The CSA deals with payments to help support the children. It will make an assessment based on the information given and will chase in the event of a default.

Where a lawyer can help in this situation is to expertly assess an individual's personal circumstance and advise a client whether to make an application to the courts, or leave things to the CSA. This advice should be sought as early as possible in the divorce process, so that a person can make the right decision for their children.

Fathers Rights

Another common myth is that a father always has rights in relation to their children. This is certainly true of married fathers and unmarried fathers of children born after 1 December 2003, provided they are named on the birth certificate. But others, including step-parents, don't automatically have such rights. Any of your clients who are unmarried fathers or step-parents may need to apply for parental responsibility. This will give them the power to make certain legal decisions without the express consent of the other partner, for instance in a medical emergency.

These are just some of the more common myths we hear, but there are many more gems that people trot out which bear little or no resemblance to current law.

Some might have been true once. Others have never been right. The reality is that some of the distinctions highlighted here may not be true this time next year. Only by taking the advice of a family law professional can a client be sure they are getting the right advice.

Speak to a specialist in family law if you need advice with any of these areas.

What Is Parental Alienation and How Does It Pertain to Family Law?

Issue of Parental Alienation

A number of family law cases involve children taking part in camera interviews with a judge to discuss which parent they want to reside with along with disclosing their feelings about each parent. While this can be a useful tool for the court system, it can also involve a child repeating negative views or comments about one parent over the other based on misinformation or intent of one parent to alienate the child from the other. There are varying degrees of parental alienation and has been slowly becoming a problem that most people don't know about. It is viewed by some as a form of child abuse. This type of strategy posed by parents can give children an unsettled and emotional traumatic feeling. They may be filled with guilt for many years and some with clearly toxic effects on the relationship between a child and a parent. The courts may intervene if there is blatant or unlawful use of parental alienation, such as physically keeping a child from having contact with a parent.

Family Law Basics

Family law encompasses a wide range of specialties pertaining to divorce and domestic legal issues. Each situation that requires the representation or advice of an attorney is as unique as each family is. While there are certain laws and formulas that are part of the court system to protect assets, future finances, and a family's rights, each case is different. Therefore, the unique factors involved can greatly affect the outcome of any family law case. The necessity for law firms advice or representation crosses all social and economic lines.

What are the Most Common Areas of Family Law?

• Divorce or annulment, including civil unions, domestic partnership, and same sex marriage
• Alimony
• Custody, parental alienation, and child support
• Adoption and paternity
• Spousal or child abuse
• Marriage and prenuptial agreements

Tips for Choosing a Family Law Attorney

There are a significant number of factors to consider when choosing an attorney. It is important to check the professional credentials and licenses of any attorney before hiring them. It is also advisable to factor in that attorney's expertise in family law and their experience as an attorney in general. Professional affiliations can also tell potential clients where a particular lawyer focuses their attention and who they affiliate themselves with. It is also generally advisable to check references and recommendations so as to gauge the likelihood of a favorable outcome. Costs are naturally a factor in deciding on a family law attorney.

Many attorneys offer free consultations to help clients decide which course is best for their individual situation.

Services Offered by a Family Law Lawyer

Legal procedures should be dealt by the professionals. Attempting to handle the procedures associated with family on your own will not only increase the difficulties and stress, but will also lead to immense emotional pressure. During critical situations, it is not just the legal advice that comes to your rescue but also the emotional support and compassion from a reliable professional on whom you can confide. You would need family law lawyer, if you are going through some of the toughest situations in life like divorce, child custody issues, child support conflict, and paternity dispute.

A divorce can be a hard time for you. There are multiple issues that you need to take into consideration in order to make sure that you are making the appropriate decisions for you and your family. If you fail to understand the complexity of the problem, it could result in a bad outcome. You need to hire a family law lawyer who will be able to help you throughout the procedure. Some of the benefits of hiring the professional include having legal management to face the unpleasant situation, help to get favorable divorce agreement and help in child custody negotiation. As this area of law is quite subjective and nuanced, an experienced attorney will know what type of settlement will be realistic for you.

Establishing or disestablishing paternity can be complex. You need assistance of a paternity lawyer who has handled numerous such cases in the past. The father of your child may deny his fatherhood. You may want to prove this fact to get financial support for bringing up the child. There are situations where men are being denied access to their own child as the child's mother denies his paternity. DNA test performed by private lab can prove the truth. As this is emotionally challenging, you should make use of the expertise of a professional during every stage of the process.

It could be terrible if you have been victimized for domestic violence. It is even possible that you have been wrongly accused of such a situation. These accusations are quite common when the parties involved were romantically associated. Those who have been living together as roommates, step-parents and extended family members have often reported domestic violence instance. The domestic violence attorney handles misdemeanor, felony, attempt of murder, violations of orders of protection, and assault with deadly weapon.

The consequence of domestic violence is serious. Incarceration for a long period, massive fines, anger management classes and strict restrictions enforced on your right to carry arms are some of the situations that you may come across. You can minimize the risks of facing all these or get the case dismissed with the help of a professional family law lawyer. This would be extremely helpful for those who have been wrongly accused. The assistance of a family law lawyer will maximize your probability of success. You may need assistance even in the minor tasks like dealing with the paperwork. The family and criminal law attorney offering comprehensive services will offer a helping hand in all stages of the case.

Family Law - A Tough Profession

We hear statistics almost daily of a fifty percent divorce rate in this country. Those are just cold hard numbers until you look into the faces of the children whose lives are being destroyed by those they trust most. The divorce rate in this country is appalling and the pieces are being left to innocent children whose childhoods are being disrupted at an alarming pace.

In our neighborhood in the last two years we have witnessed several different families split apart and the ramification that leaves with the children. A neighbor lady a couple of doors down lost her children to the state after her and her husband split up due to drugs in the home. Her children have been in state foster care for the past four years while the mother strives to get her life back in line so she can be fit for parenting again. Today is her trial, whether or not she is competent to have custody of her children. I have watched her do her very best to clean up her life, work steadily, try to stay clean and earn the respect of the court to get back her children. Her children are pretty resilient, for the most part they younger two are doing pretty well, but she has lost her teenage son. He looks like his father now, lost and alone in the world. The father is in jail, and the son wanders the streets looking for what? Love, guidance, security, a home in a troubled and lost world. Tallahassee family law has great responsibility to these children. To try to make the best decisions based on the facts they have to determine the best course for these children. It is a hard profession, family law, and I respect those people who are determined to help fix the mistakes of the parents and smooth where possible the ramification for the children.

Do I Need a Family Law Solicitor?

Family law solicitors perform an important job, but not everyone is aware of how they can help. Here are 10 scenarios when you may need them to provide advice and support.

1. People rightly dread divorce proceedings, but they needn't be as stressful as you might think. If you've come to the unfortunate conclusion that the marriage is over, either together or on your own, or if your partner has made the decision, then getting legal support will help you make sense of everything that's going to happen and what you need to do.

2. Where children are involved in a marriage or relationship that comes to an end, decisions will need to be made regarding custody. For this, you may require a legal professional to help draw up agreements. Or, if your soon to be former spouse is denying you access, you will need a solicitor to help you in your battle for custody.

3. If you live with someone but aren't married, there may still be a number of important decisions to make. Both parties have rights in these situations, especially where property or children are concerned, so legal support could be needed to sort everything out.

4. Property issues are a major issue when it comes to relationships ending, as are problems relating to possessions in the home, so if there are things that need to be split or sold, a family law solicitor may be exactly what is needed.

5. When it comes to children, it isn't just the parents that may have custody issues to contend with. In some situations, grandparents may be stopped from seeing their grandchildren. They too have rights, so it could be worth seeking advice if this has happened to you.

6. If you are in a civil partnership that has come to end or is just beginning, you may want to know what your legal responsibilities and rights are. Speak to a solicitor to find out and make any necessary provisions.

7. In any relationship, when it ends there is a possibility that someone's lifestyle may change significantly. Where this is concerned, you may be entitled to more than you think. Likewise, if you may be being fought over finances that you have earned and need legal advice on what is legally expected of you.

8. To safeguard against many of the issues discussed above, you may want to go into a marriage with protocol in place for what would happen in the event of a break-up. A family law solicitor can help draw up pre-marital agreements to outline what you would both want to happen if things didn't go to plan.

9. Victims of domestic abuse may not know where to turn for help. The answer to that may be a family solicitor. They can help you escape your situation, seek new accommodation, untraceable phone lines and other forms of protection that may be necessary to help you rebuild your life.

10. If you've decided that you want to move in with your significant other, you may want to learn more about cohabitation laws before you progress any further. You could also be in the situation of wanting to move into a property that your partner pays the mortgage on and want to know how everything will work financially.

Where any of these situations are happening, speaking to a family law solicitor can help you make the right decisions and protect both yours and your children's best interests.

Family Law: Preparing For Your Custody Hearing

In the realm of family law, one of the most difficult aspects an attorney will deal with is child custody hearings. While the courts in theory want what is best for the child, determining that is not always cut and dried. Even in situations where there are signs of abuse, completely severing ties between a parent and a child is not something that the courts will do lightly. Knowing what to do to prepare yourself for this hearing long before it occurs will better your chances of getting a good ruling.

The first thing you need to do is contract with an experienced family law attorney. This will ensure that you do not overlook any important legal matters in the process that could turn the courts against you on a technicality. Once you have an attorney on your side, it is time to get organized.

The courts will want to see that you value the time you have available with your children. Keep logs of all time spent with your child. If you do not currently have primary custody, log all of your visitation times. If you do have primary custody, track the amount of time that the other parent spends with the children, as well as special activities you do with them. This often clearly shows the courts which parent places his or her priorities with the children. In some cases it will be both, while in others one parent will clearly shine in this regard. If you do not have custody and your ex does not allow you to see the children when you request it, make sure you log this information as well. Family law can get complicated, but having accurate records will help.

One thing that family law courts want to see is that you are financially capable of taking care of your children's needs. Have the paperwork ready that shows your savings accounts, income, and any benefits you have. If you are looking for work, which may be the case if you were a stay-at-home parent before the divorce, you need to be able to show that you have a plan to obtain work, or that you have a source of income outside of a salary that will allow you to take care of your children.

If you feel that you are in a good spot to obtain custody, you also need to estimate how much it costs to care for your children. Use your records to show all of the costs associated with childcare, including gasoline costs, clothing, and even day care expenses. The courts will use this data to determine how much child support your ex will have to pay.

Finally, talk to your child about the family law process. Remember to make it as positive as possible for them. While you are trying to prove, in a way, that you are the "best" parent, you must not try to skew the child's view of his or her other parent. Leave the battle in the courtroom, not the home. If things get particularly difficult in the custody battle, consider having an objective third party counselor talk to your child, such as a school counselor or a church minister. Your goal is to have the best possible outcome for your child, so keep that in mind throughout the process.

The Top Reasons For Hiring A Family Law Lawyer

Family law includes all matters relating to individuals and their families such as divorces, adoptions, child support, marriages, civil unions, prenuptial agreements, annulments, property settlements, child custody, protective orders, domestic violence, spousal support, grandparent rights, paternity issues, child neglect, and protection from abuse. You may be going through a difficult time right now. You may feel overwhelmed, nervous, and in a state of disbelief over a family crisis, but a talented family law lawyer will put your mind at ease and help you through this difficult and emotional time. If you want to achieve your goals, you should find a great family law lawyer and take control of your destiny. You may be able to resolve your problems without having to go to court if you have a brilliant lawyer on your side. A viable lawyer will help you achieve satisfactory results and he will make your experience less stressful. Whether you're going through a divorce or adopting a child, there are many reasons to find a good family law lawyer.

Getting A Divorce

When two people get married, they are usually devoted to each other and they can't imagine living without that person. Unfortunately, as the years pass and when bad things happen, such as personality changes or infidelity, the best solution may be to get divorced. Doing so can be frustrating when two people are very angry. Things are usually worse when the couple has children. Instead of arguing with your partner at each meeting, you should take the time to search for a family law attorney.

Child Support Issues

If you are worried about whether you will be able to care for and support your child, an attorney can help you. If your former spouse or partner is supposed to help you financially but isn't taking care of his or her responsibilities, you should do something about it. An attorney will make sure that you get the financial support that your child needs.

Adopting A Child

If you cannot have children naturally, you may be devastated. This is why many individuals adopt children. If you have always dreamed about having a family, you should meet with an attorney. Please remember that the adoption process takes a lot of work. You must go through a legal process, and it's always a smart idea to get an attorney from the beginning.

If you are in a stressful situation and facing a family crises, you should meet with a qualified attorney as soon as possible. An attorney will guide you through the process and defend your rights. Your legal assistance will help you make many important decisions and help you prevent many serious mistakes. Your most valuable supporter will probably end up being an experienced legal help. Whether you are arguing over a property settlement, child custody, alimony payments or child support, it is crucial that you have a skilled professional on your side if you want to reach your goals.

Who Gets Fido In Family Law?

Millions of families have pets, and just as millions of people get divorced each year, millions of pets are up for grabs as pieces of property in many family law cases. In 2004, the pet industry grew to nearly $45 billion, a testament to how many products, care, and importance are placed on family animals and pets in the United States. As such, pets are often an integral part of divorce hearings and separation agreements that affect every party, especially when children are involved.

A Texas court of appeals once ruled that a dog is a piece of property that, unlike children, can be divvied up between parties in the same way a home, car, or other valuables are shared. Thus, a court judge cannot award "custody" to either party when it comes to a dog, cat, or any other animal that is defined as a household pet in family law. Fido will have to go to one party or the other; if neither party wishes to take the possession, Fido will have to be given to a family member, sold, or given up for adoption. These are the unfortunate realities of separations and divorces.

Many families often need the help of lawyers who are specialized in family law when going through a divorce. These lawyers know how to set up the terms and arrangements with either party so that properties are equally distributed or at least agreed upon. When it comes to pets, however, things can get sticky. Pets often hold strong emotional ties that can be stronger than material possessions. Custody can be awarded to children, material items can be distributed, but if there's only one Fido, divorce court can get ugly fast.

Unfortunately, because many state laws view pets as personal or private property, the court may not consider the pet's best interest. On the other hand, parties can also set up their own agreement when it comes to a family pet and often ask a court to sign off on such an agreement. Despite this, however, many divorces require lawyers to establish these agreements or set up an environment in which the destiny of the pet is discussed, negotiated, and settled.

Trial lawyers are ready to mitigate the turbulence, but not everything works out to everyone's advantage. Because pets are an integral part of the family, they are often caught up in the mess from managing who gets what in a divorce. As a side note, it is best to keep things as smooth and calm as possibly, not only for the sake of the pet, but especially if children are involved who may hold a special, emotional connection to these animals.

For those unsure about the fate of their pets in the event of a divorce, it is best to consult with their lawyer. If the divorce hearing goes smoothly, parties can generally work out where the pet will go and can even arrange their own private meetings if they wish. Nevertheless, any agreement that is made should be signed off on by all parties and made aware of by the court.

Family Law Reasons to Go to Court

There are several different situations that might have you looking for a family law attorney. Some issues involve marriages, some involve children, and others involve families as a whole. Sometimes it might seem easier to go without representation in these situations, but this can lead to even more problems in the long run. No matter what the case is, be sure to choose the right lawyer before going to court.


Some cases in family law revolve around marriage. Joining into marriage seems to be pretty easy, but getting out is a different story. If a marriage is coming to an end, each person should get an attorney. Many times this begins in separation but then turns into divorce. In this situation an attorney is present for each side, the husband and the wife. There is not only the matter of ending the marriage, but also dividing up the property and assets. An attorney makes sure that each person gets what they are supposed to in the settlement.

Custody and Visitation Rights

Family law is also involved in the lives of the children effected by divorce and separation. It is important to find out which parent is going to be responsible for the children or how the custody is going to be shared. In either case an attorney for each side can represent their clients' interests to make sure that the best placement possible takes place.

When one parent receives custody of the kids there is also the matter of child or spousal support that needs to be arranged. Because it deals not only with family law, but also with finances, it is important to make sure that you are well represented. Usually once something is decided, it can be very difficult to get the judge's orders changed.

Problems with Delinquencies

Juvenile delinquents are also covered under this jurisdiction. When an underage person commits a crime an attorney is called to represent them. Because they are not adults, there are things that need to be taken into consideration. They are not usually tried in the same was as adults, therefore their representation needs to be different as well. A lawyer in this field will be able to advise the group, as well as the individual on the best course of action possible.

Adults and Children

Many of these cases deal with both adults and children. Because of this, try to find someone that is going to be able to work with each member of your group to get a satisfactory outcome. It can be a challenge because of some of the differences with this part of the legal system, the intricacies and the different protocols, so finding a person well versed in how things work when it comes to family law is a real asset to have on your side.

Be sure that you can learn as much as possible about all of the options and alternatives that are available to you as either a minor or someone involved in a relationship that would bring you into court under this group of rules.

Family Law Attorney Can Provide Legal Advice

A divorce can be a hassle not just for a couple, but also for the kids. The family law attorney is a person capable of making the process easy for everyone. Their experience can help couples part ways amicably. The process of separation is easy when a couple opts for an uncontested divorce. This process is quick and eliminates a lengthy court battle. The solution is increasingly popular as it offers a peaceful settlement between both parties. The agreement can be processed once the attorney is asked to prepare it. The professional can provide other necessary documents.

People who reach an agreement on their separation can leave the paper work to the experts. The legal counsels can file the documents and process the documents in a couple of months. A family law attorney is familiar with the process and offers the right instructions. They can help with the different forms and details that need to be filled. Children below the age of nineteen need to have a care agreement worked out. This can be processed with the help of the lawyer. The fee for such counseling can be determined after a consultation with the professionals.

The child custody lawyer can draw up papers on the children's status. This allows the parents to find a legal and agreeable settlement for child custody. Parents who desire shared custody can ensure that their child receives the affection of both parents. Sole custody is an option for a parent who has won a contested verdict. The verdict for sole custody is binding to the laws of the state. The lawyer can explain how a person can file papers for such an agreement. Once the judge signs the decree for a divorce, both parties should follow the legal agreement to avoid legal ramifications.

Clients can expect an agreement signed within a minimum of thirty days. A family law attorney professional can help people learn of the child support guidelines. It is important to note that work related child care and health insurance are two different aspects. Alimony is an option that a child support lawyer can explain. This is essential for wives who turned into stay at home mothers after the birth of their child. Alimony can be altered at anytime depending on the guidelines of the state laws. Such an agreement can be reached in an uncontested case.

Distinct factors are considered when a child's custody is at stake. The family law attorney can provide advice on the necessary course of action. If they feel it necessary to take the case to court, the lawyers can state a successful case on the behalf of the clients. The professionals are hired with their client's best interests in mind. A contested divorce is filed when an uncontested case is favorable to the spouse. The judgment of the attorney is strictly for the benefit of their clients. Browse a lawyer's past record to learn about their success rate and efficiency. Blog posts and social networks can provide insight on an ideal lawyer for the case in question.