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Showing posts with the label divorce

When Can a Child Decide Custody?

Rather than making you read more and then giving you the answer later, I’ve decided just to say it up front: under North Carolina law a child almost never has the final legal say as to which parent he or she will live with.  In other words, custody is always up to the judge. If you have spent any time at all looking over our firm’s website, you know I am a strong advocate of parents trying to keep their children out of custody fights.   I also generally don’t think a child should be put in a position of either feeling like he or she has to choose between parents or that the child has the power to make the choice.  All the judges I’ve ever been in front of seem to feel the same way.  I’ve heard judges explain to children who have been brought in for a custody case that the decision is not the child’s, and I have seen the relief on children’s faces when they understand that. The main determining factors that the judge will take a look at when deciding whi...

5 Different Ways to Find a Divorce Attorney in Your Area

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Statistics say that about half of all marriages will end up in a divorce. Depending upon your financial situation will determine your avenue to take when hiring a divorce lawyer. Make sure you do research on each candidate and be certain they meet your guidelines. If you are in financial hardship, there are a number of different ways to select and hire a Raleigh Divorce Attorney .

Divorce Attorneys Are Recommended To End a Marriage

There are plenty of reasons as to why you would need a divorce lawyer. Unfortunately, not every relationship is meant to last. When two people do decide to get a divorce, their emotions are running high. Everyone expects a relationship to last, but unforeseen events do happen. As a couple does enter into a divorce, there is a need to hire a divorce attorney. With both spouses giving a lot of effort into a marriage, divorce can be a very hard issue to digest. Divorces do happen often and are becoming more common than ever before. Due to this, there are lawyers who specialize in divorce, child support, child visitation rights, alimony and other related cases. These lawyers are called family law attorneys. Anyone seeking a divorce should contact one of these attorneys first. They have experience in the legal field of divorce and can guide you along the process. The divorce lawyer’s main purpose is to is his advice and assist their clients. They also make certain that they are not t...

Child Support Laws - Designed to Benefit the Child

Parents should keep in mind that child support laws are meant to benefit the child not the custodial Parent. Divorce separation or the break-up of a relationship can cause havoc in the family structure, especially for children. Unfortunately, oftentimes parents become so angry with the other parent, they forget about the children. A parent's anger can become so intense that they completely disregard   the welfare of their child and focus solely on "getting back" at the other parent. The first strategy of revenge is money. By withholding money, the other parent uses it as leverage to control the custodial parent. Here is where the child support court can be beneficial through child support enforcement. While some parents feel the need to blame the ex-spouse, the judge, or the court system in general when a parent exercises his or her child support rights or their child custody rights, the reality is that there's no one to blame. On the contrary, parents sho...

A Look at a Child Support Law Firm

A child support law firm is the place to turn to if you are getting divorced and have issues pertaining to your child and payments that need to be worked out. A lawyer at this facility will be able to help you with the arrangements you need to make in regards to your child or children. Child support is support that is ordered by the court and it is paid by the parent who does not have custody of the children (known as the non-custodial parent) after the couple has gotten a divorce. Another way of putting it is to say that it is money that a parent must use for the health and well being of the child. The money helps to pay for the child's care , as well as the education and support of the child. The child support law firm will help to figure out all of the details concerning how much support is to be paid to the custodial parent for the children and when it will be paid. Once the support for the child has been set it remains in place until the child reaches an age to ...

Types of Domestic Violence

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Domestic violence as its name defined it is the fight in which the intimate partners &couples and family members are being involved. Sometimes it is referred to as domestic abuse. Domestic violence occurs in all cultures, religions every kind of people which comes from any kind of economic and racial background. Physical, sexual, economic, or psychological abuse directed towards one's spouse, partner, or other family members within the household called domestic violence.

What is Reunification Therapy?

Reunification therapy in a child custody case is court-mandated therapy with the goal of reuniting children and parents and attempting to repair a parent-child relationship. Reunification therapy is a kind of family therapy.   It is often used in situations where a child is refusing to visit with or have a relationship with a parent.    A damaged parent-child relationship could be caused by any number of issues including, for example, parental alienation, physical abuse, and emotional abuse, lack of co-parenting, divorce conflict, and intense conflict between the parents both before and after the separation . Therapy may progress in any number of ways.   Typically the reunification therapist is working with a team that includes individual counselors for the parents and child.   It might start out with an exchange of letters while individual therapy is progressing before the parent and child are ever brought together.    When the therapy pro...

How to File For Temporary Custody

Becoming a father or mother is most beautiful happening in everyone’s life. An infant revolves everyone’s life around them. When a person become father or mother, nothing more matter to that person than their children. But when parents face certain conflicts among their relationship, most suffering stage is for their children. The decision of separation among a couple arises the issue of custody of child . Nobody wants to leave their child to other one. Here for solving out your attachment and caring problem of your children will be solved by Allen Spence . Temporary child custody is basically concerned with getting temporary authority of take caring of their child to one parent. It happens in a case where any of the parents apply for temporary child custody. The parent who applied will be represented as  a  petitioner and the other parent who needs to respond to this case applied by other is considered as respondent.  For applying temporary child custody, yo...

Raleigh Child Custody Attorney

The child custody case can be of the most contentious forms of family litigation. There are cases of he said she is bad, she said he is bad, he doesn’t care about children, she doesn’t care about children etc. In this court will look to the best interests of the child. If divorce is not stressful enough among couples, when children are involved, it adds a whole other level of stress and emotions into it. Parents often lose sight of what is in the best interest of their children. Unfortunately often become financial pawns in a divorce when child custody issues are being decided.  There are four types of child custody: Where parents has the right to make the decisions about the child’s  upbringing. It is physical where parent has the right to live with their children               It is being sole custody where one parent has both legal and physical custody. It is a joint custody; both parents will e legal custody as w...

Emergency Custody – A Life Saver Law

In every being's life, attachment has a very important role. None of us have a life without attachments. Attachment is that phenomenon which leads to care utmost, love utmost and many other factors being there. But when we see the curious time of separation, people are fighting for custody because they don't feel their loved ones to be safe in opposition's hands. So here, for fighting with this problem, Allen Spence has there with you to support you in your hard times. We see in some cases there is need to take certain steps instantly as there is risk of being any type of harm to their loved ones. So, for their custody in safer hands, there is an act of emergency custody. According to the lawful terms, ex parte is another term use for emergency custody Lawyer NC . These types of orders are made by written affidavit document by the favorable party. Whenever the child is on any type of risk, usually judge makes such types of orders for the safety of child. Risk can...

6 Tips for Choosing Child Custody Attorneys

Couples with children who opt for divorce not only need a good divorce lawyer to represent them, but also a child custody attorney practiced in protecting the rights of the child or children involved. Choose a child custody attorney who has extensive experience in dealing with child custody. To find the right child custody lawyer, you have to: 1. Find out more about the schooling and experience of the particular lawyers you are considering. Find out how many cases they had won and lost, and why they lost the cases. While attorneys cannot disclose information about other clients and their cases, they can discuss the basics of the case without divulging names and case details. 2. After doing your research on various lawyers specializing in this area, narrow down your choices to three probable attorneys. Many offer free initial consultations, but do not allow this to be your sole consideration. Take the time to interview your prospective employee, regardless presence or ...

All You Need to Know About Family Law

Law, the term is associated with rules and regulations that the government of a country sets for its subjects. The subjects or the people who come under this law have to follow or abide by them. If violated, the person can be liable to undergo punishments as the concerned authority will wish them to go through. This is a state law. This has many divisions. Under this, the family law is a part. Law can also be there set by the head of a corporation or an organization. In that case, it cannot be called a state law; it is for the concerned organization. This article will deal in detail with family law. To know more continue reading. Definition As the name suggests, the law is concerned with matters regarding a family. It can be the family issues, like relationships, divorce, child custody or adoption of a child. The state is the supreme head that has the final say in such matters.  A family seeking judgment must make an appeal before the court of law and have to pat...

Custody Review and Compliance Hearings

In many custody cases, the court will implement a custody review hearing strategy to ensure that the custody and visitation plan that has been put in place stays on track and that the parties are complying with the court’s expectations.   The hearings where these occur are often called “ review hearings ” or “ compliance hearings ” and they are very important. The review hearing gives you as a parent the opportunity to show the court that you are doing what needs to be done.   Examples might be the completion of parenting classes, engaging in individual or family therapy, and substance abuse evaluation.   The most important element of any review hearing is to be able to show the court that any prior concerns about your parenting have been addressed and that you are working to be the best parent possible. A review hearing also gives you an opportunity to show the court if the other parent is not being compliant with the prior order.  It is im...

How to Get Emergency Custody of a Child?

A child pick up order is an emergency motion filed by someone with pre-existing legal rights over the child in question, and keeps the other parent unaware of the proceedings. To be considered as such you must have either a court order granting you legal rights or time sharing; or be a biological mother who had the child in question out of wedlock, and lacks any court documents establishing another individual’s parental rights.  Although we are Raleigh family law attorneys , we have obtained child pick up orders for children to be picked up throughout Florida and elsewhere in the U.S. Learn more about How to get emergency custody of a child ? When granting child picks up orders, Florida courts are quite rigorous in their demands for appropriate justifications and proper paperwork, mostly out of respect for the other party’s right to due process, which allows the them to present their side of the story. Thus, it falls on the person requesting the order to prove that the situa...

Law Firms Can Help You Determine If a Legal Separation Is Best

Divorce is not your only option when things are going awry in your marriage. Sometimes dissolution of your marriage is the only option. However, if there is still any chance of reconciling you may want to look at other ways to take a break other than going through the legal and emotional battles of a divorce.  A legal separation is one of these options and does not end your marriage. When you are legally separated from your spouse, a court order is issued outlining each of your responsibilities while you are apart. You are still legally married but living separate lives. Issues such as division of assets, child custody, and child support can be dealt with in the separation agreement . This type of agreement protects each parties interest until one of you decided to file for divorce. It can also be used as precedence for the divorce. Many judges use the separation agreement terms as the divorce settlement agreement. When coming up with your agreement, make sure it is one ...

Divorce Attorneys

No one gets married and has the end in mind. Divorce is not something that couples look forward to and it gets even more difficult when children are involved. Who will win custody? Will every claim in the divorce be a battle? The best you can hope for is that most things will be settled outside of court and you will not need a neutral third party dissecting your lifestyle and making decisions for your future and the future of your children. Here are a few things that a divorce attorney can help you with if you are facing separation. Although assets and child support are part of the equation, it all comes down to the custody. Which parent will take custody and will it be a battle? For some parents the choice is obvious and no one argues who the kids will live with. For others, it is the hardest battle they will ever be a part of. There can be legal custody or physical custody of the kids. One parent may have full control of the child's major life decisions, or both may have...