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Family Law

Child Custody: Best Interest of the Child as Paramount Consideration

The Divorce Process is a long one and is surely not a walk in the park. There are so many things that need to be considered by each of the individuals involved in the marriage. In the end of the day it will be you who has to make the final decision on what you want out of the divorce. Learn more about divorce by visiting a divorce attorney or by talking to an expert.

Whether or not your spouse wants to leave you, how about if he or she wants to get some alimony, or is unhappy with the amount of child support, your own set of circumstances might end up causing a fight with your spouse. Depending on how much time you have before the divorce becomes final, can help you determine what you can do to deal with these issues during the divorce process.

Custody Pending Divorce – When there is a separation of equal shared parenting of the children, custody pending divorce is the most common type of divorce. The child support amount is usually determined according to each parent’s financial situation. The parents negotiate the custody and visitation schedules, and any issues of joint custody are usually resolved. But, as soon as the separation occurs, the child support factor begins to take over.

Joint Custody – Joint custody is awarded to both parents to have contact with the children at all times. It can be shared parenting where one parent may only have supervised visits, or it can be exclusive or full custody. If you are able to prove that your ex has been physically or emotionally abusive, your custody case may move forward with an award of custody.

Separate Custody – For divorce purposes the courts determine a different custody placement for the children. The court decides the custody and visitation schedule for the children and how the parents interact with each other. It is not uncommon for the parents to be allowed to visit the children together.

Visitation – During the divorce process there are many more options available to the mother than the father. A child support payment is generally required during this time. The mother also has the ability to request supervised visitation.

Child Custody – Child custody can be awarded to either the mother or father during the divorce process. If there is a custody hearing for custody, the court typically bases its custody decisions on the best interest of the child.

Contested Custody – In contested custody the child is allocated between two parents who can present arguments as to why the child should remain with them. During the contested custody hearing the court tries to come to a resolution which both parents feel is fair for the child. The court can only award custody to one parent if the court finds that there is no chance for the child to make up his or her own mind.

Prose – This term refers to the representation of someone who is unrepresented. This person acts on behalf of the client and presents all the facts of the case. Pro se litigants present their own case and do not hire an attorney.

Partially Shared Parenting – In this type of parenting arrangement the parents split some time with the children between them. This is usually in the form of weekly visits and one parent is the primary caregiver.

Permanent Legal – When the legal requirements are met and the marriage is legally recognized this is known as the permanent legal divorce. Legal divorces are only granted when there is a dispute as to the equal division of assets. The assets and debt of the marriage will be considered the property of the marriage.

If you are going through the divorce process, it is important to get as much information as possible regarding the laws that apply. Remember that the more familiar you are with the laws the better off you will be. It is also wise to keep copies of all the documents that pertain to the divorce as well as the medical records and police reports.

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Criminal Law

Criminal Defense: Creating Reasonable Doubt, Discrediting Corpus Delicti

A criminal defense attorney from Winfield Law, Los Angeles, for the criminal defendant is one of the most important professionals a criminal defendant can hire. In fact, he may be the most important because the law has an explicit responsibility to protect the criminal defendant from unjust accusations by the prosecution.

Criminal Defense

The criminal defense attorney will represent the defendant before the court. He will collect and review all the necessary information, evidence and witness statements before the court will hear the case. The criminal defense attorney will then present the case to the court in support of the defendant’s version of events.

If the defendant’s version of events is found not to be true or if the prosecution wants to indict the defendant then the case can go to trial. If the case goes to trial then the criminal defense attorney for the defendant will defend him/her against the charges filed against him/her.

This is a complicated and detailed procedure that requires all the required expertise and attention from the criminal defense attorney because it requires keeping track of the law enforcement agencies and prosecuting agencies. The fact that this involves extensive legal procedures is part of the reason why hiring a criminal defense attorney for the defendant is crucial.

When the defendant is facing a charge of any sort, it is advisable to retain the services of a criminal defense attorney. A skilled criminal defense attorney can help you with many things which may not be feasible to you personally. Such as mediation, team building activities, financial planning and even pre-trial meetings, the criminal defense attorney for the defendant can do so much for you.

The defense counsel for the defendant will also seek to secure bail for the defendant and get them out of the jurisdiction of the court. This is important in the context of a plea bargain because the criminal defense lawyer will try to get a plea bargain if the defendant doesn’t have a criminal defense attorney to represent him/her.

As a matter of fact, it is better to have full commitment from the defense counsel. Make sure that you select the right person and that he/she will do his best to win your case. Once you are familiar with the basic procedure of the criminal defense process then you can be well prepared to take up your case with confidence.

You must also understand that the lawyer should be completely familiar with the laws applicable to the case and the laws that will be using to make the case against you strong. The right lawyer will make sure that you do not need to worry about your rights because he/she will always be on your side. This is why hiring a criminal defense attorney for the defendant is the most important decision that you need to make.

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Family Law

Hiring a Divorce Lawyer: Best Preparation in Getting a Divorce Successfully

The Divorce Process can be very stressful. Having a Divorce Attorney help with the entire process can really help alleviate some of the stress involved in the process. Having a Divorce Attorney can help you go through the entire Divorce process and leave the entire proceeding in the hands of an experienced professional.

If you are getting a Divorce then you need to make sure that you prepare yourself for the divorce process. Having a Divorce Attorney who is familiar with the law is going to be very beneficial to you. The Divorce Process can seem like a difficult process when you are dealing with the Family Court Judge, and you want to make sure that you can go through it with peace of mind.

The best way to go about preparing yourself for the Divorce Process is to have a Divorce Attorney assigned to you. An experienced Divorce Attorney will know what areas you need to focus on during the Divorce Process. They will be able to give you the information that you need and they will be able to give you a better chance at success.

One of the areas that you will want to make sure that you deal with before a court hearing is the Child Custody portion of the divorce process. You will want to make sure that you make your case that the Mother has full custody of the Children, and that the Father does not have any access to the children.

You will also want to make sure that you make your case that the Mother has primary custody of the children. There is going to be a hearing that the Mother and Father will both have to attend to make the determination as to what the Parenting Order will be for the children.  Visit www.oklahomacitydivorceattorney.org for more about child custody and support.

Once you make this initial court hearing the next part of the process is going to be to go through the mediation. If you have the time to hire a Divorce Attorney they will represent you at the mediation so that you can have an objective view of the Family Court Judge’s decision.

The next step in the Divorce Process is going to be your trial. It is in the best interest of the Plaintiff to retain a Divorce Attorney to represent them at this time. You will want to make sure that you make a strong case and to hire a Divorce Attorney that specializes in family court cases.

Divorce is a hard process and it takes a great deal of time to accomplish. Having a Divorce Attorney on your side can help you speed up the process, while at the same time get the support you need during the entire Divorce Process. Your Divorce Attorney will be your advocate during the entire Divorce Process.

Remember that when it comes to a Divorce Process, the best advice you can get is to hire a Divorce Attorney to help you. The Divorce Process can be very stressful, and having an experienced Divorce Attorney can help you get through the whole process. It is in your best interest to retain the services of a Divorce Attorney at all times.

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Family Law

Importance of Retaining an Attorney for Divorce

Although a divorce is a rather lengthy and difficult process, it is also a very important and beneficial step in one’s life. It requires much effort and dedication to get the divorce decree, as well as lots of patience and sacrifice.

The civil process of a divorce can be initiated by either party in a divorce case. A person can file for divorce by themselves or with the help of a Divorce Attorney. The divorce process generally takes a couple of months or even a year to complete, depending on the nature of the divorce and how far along the other person is in the process.

Generally, the divorce process begins with the filing of a petition by either spouse. The petition is a legal document that is signed by both parties in order to initiate the divorce proceedings. Usually, this form is called a petition for divorce, as it can be filed either in the county where the divorce case will be heard or at the courthouse. In the majority of states, the petition will include a list of grounds for the divorce such as adultery, domestic violence, and/or child support.

The divorce case is then heard by a judge who will take the time to review the petitions to ensure that all the paperwork is filled out correctly. After reviewing the petition, the judge will decide if the petition was properly filed. If it was, then the judge will send the petition to the district court in the county where the divorce case will be heard. Then, a notice of the pending divorce hearing will be posted in the courthouse and sent to all the parties involved.

The parties to the divorce can appeal the hearing by way of a motion or certificate of no show, and both the party filing the appeal and the party to the divorce must appear in court before the judge. The judge will then announce his decision and the parties will either have to agree to the judge’s decision or ask for an additional hearing before the judge.

This is where the filing for divorce and the final decree of divorce will be filed with the district court. After the final decree of divorce is filed, then the parties will be allowed to receive each other’s property. In addition, all of the financial obligations are finalized in the court.

If the parties fail to agree on the final decree of divorce, then a mediator will be appointed by the judge. The mediator will act as a third party to the divorce case and will listen to all sides of the argument. If the mediator cannot resolve the matter or the parties cannot come to an agreement on a divorce decree, then the judge will appoint a mediator and they will be able to mediate through a neutral third party.

A divorce decree is final and cannot be changed or amended after it is filed, said St. Pete Divorce Lawyer. A divorce is not something that one should rush into, but should be carefully thought out and always seek advice from Divorce Attorneys prior to filing for divorce. If one decides to go through with a divorce, then they should make sure that they are fully prepared for the ordeal.

Categories
Family Law

Lawyer’s Role in Child Custody and Child Support Cases

Mаnу parents in thе country hаvе found it hаrd tо decide bеtwееn a family law attorney аnd juѕt gоing thrоugh thе process themselves. It iѕ hаrd tо knоw whаt thе bеѕt approach iѕ bесаuѕе еvеrу family situation iѕ diffеrеnt аnd ѕhоuld bе treated аѕ such.

Whеn it соmеѕ tо child custody, thе parents hаvе a lot оf say. Thеrе аrе ѕоmе states thаt givе thе parent whо hаѕ mоrе timе tо spend with thе children thе mоrе say. Othеr states givе thе parent whо hаѕ bееn mоrе active in thе child’s life thе mоrе say.

In terms оf child support, it iѕ thе government’s obligation tо pay fоr thе support оf thе children аftеr thеir parents separate. Sоmе states hаvе thiѕ in рlасе ѕо thаt thе child dоеѕ nоt bесоmе a раrt оf a dispute bеtwееn thе parents. Sоmе оthеr states hаvе it in рlасе bесаuѕе оf thе wауѕ ѕоmе couples gеt thе wrong idea аbоut bеing аblе tо gеt оut оf paying child support.

A divorce саn affect child support in a couple оf diffеrеnt ways. Fоr оnе thing, thеrе аrе ѕоmе states thаt will nоt соnѕidеr thе amount оf timе thе parents spend tоgеthеr аѕ раrt оf child support. If оnе parent iѕ actively involved in thе lives оf thе children, hе оr ѕhе will bе considered a contributing factor. Thiѕ might bе bесаuѕе оf hiѕ оr hеr involvement in thе child’s education оr extracurricular activities, but thе fact thаt thе child wаѕ tаkеn аwау frоm оnе parent dоеѕ соmе intо play аѕ well.

Thе state will lооk аt аll оf thе wауѕ thе parents interact with thе children аnd decide if thеу аrе a good fit fоr thе child support. Thе non-custodial parent hаѕ tо bе cooperative in аll оf thе parenting decisions made bу thе court, likе regular visitation, medical care, discipline, etc. To get the best result hire the best attorney like any from Panico Law Group.

Thе child support iѕ a vеrу important thing fоr thе children in a divorce. It iѕ оftеn harder tо gеt child support with a divorce bесаuѕе a lot оf things саn hарреn whеn thе parents divorce. But if thе courts decide thаt thе child ѕhоuld hаvе ѕоmе type оf support, thеn thеу аrе gоing tо hаvе tо pay thе money tо thе state.

Whеn оnе parent pays child support, thе state makes ѕurе thе child iѕ gеtting thе proper care аnd attention thаt thеу need. It iѕ a lot easier fоr thеm tо make ѕurе thе child iѕ gеtting еvеrуthing thаt thеу nееd bесаuѕе thеу dо hаvе tо kеер track оf аll оf thе money thаt thе parents receive. It аlѕо iѕ a lot easier tо follow-up оn аll оf thе parenting timе with thе non-custodial parent bесаuѕе thеу hаvе tо determine hоw muсh timе еасh parent hаѕ bееn involved in thе child’s life.

Whеn a couple gеtѕ divorced, thеу ѕоmеtimеѕ dо nоt rеаllу think аbоut child support аnd thе custody issues оf thе children thаt аrе involved. It iѕ аn issue thаt ѕhоuld bе looked аt whеn thеrе iѕ a possibility оf a conflict thаt соuld соmе up. It iѕ bеttеr tо bе safe thаn ѕоrrу аnd tо gеt thе advice оf a family law attorney bеfоrе proceeding furthеr with thе divorce process.