Dec 13

Evidence Needed to Modify a Custody Plan

Sometimes child custody agreements can require modification because circumstances might have changed going forward.  One of the common reasons a parent might request this change in arrangement is that that the child is spending more time with the parent than originally specified in the visitation schedule.

By spending more time with a child there could be some changes that need to be made in order to accommodate the possible scheduling issues.  When the child is under a parent’s care it is important that they are financially responsible in order to care for the child in question.  The financial burden is usually split in the divorce decree, and a court order is needed to reallocate financial care, this includes things such as lowering child support payments to reflect the new amount of time being spent with one parent as opposed to another.

One of the reasons to seek out a formal change is to make sure that the change is permanent.  Without a court order in place the other parent could unilaterally change the schedule back to the original arrangement.

Convincing the court that a change in custody is warranted is made easier by the use of a legal professional.  There needs to be evidence that the visitation schedule has changed, so keeping a record of times visited with the children can be used as such evidence.  Written and photographic or video documentation can go a long way in helping a judge to understand where everyone is coming from.

Getting professional help is a vital step in this process. 

Dec 13

If Your Ex-Wife Leaves the Kids Home Alone at Night

Some of the facts with regard to your custody situation may change in the future.  There is a chance that your ex-wife might start going out overnight away from home, maybe even spending the entire night away from the children, and possibly even leaving them home alone.  Some fathers might be concerned about the welfare of their children and want to see if they can supervise the children on nights when their ex-wife might not be at home.

The rules pertaining to these issues of child custody vary greatly from state to state.  Consulting with a legal professional would be advised in order to determine what sorts of recourse you might have going forward.  A parent has every right to be concerned for their children if they believe they are not being supervised properly, and these concerns can be brought to court.  These concerns can be communicated to the court more efficiently through the use of a legal professional who can assist in the preparation of documents.

Contacting a legal professional in order to view any legal agreement you might already have can then give you a clearer picture of what to expect.  Having an idea of what to expect will make it easier to convey a clear picture of what is occurring to the court.  If the court does not have a clear idea of what is occurring they may insist on having something submitted again.

Dec 13

Documenting Facts Prior to Filing for a Divorce

One of the most important factors with regard to pursuing a legal action is the amount of documentation you have available to you.  The documentation created and kept can be used as evidence in court, your legal professional is there to advise you on how to make it and how it might be used.  Solid documentation can help to remove much of the emotion typically associated with conversations, and help everyone to remember how things really are.

There are many different forms of documentation including date logs with times, which can increase the credibility of those who say something happened at a certain time on a certain day, it is important to keep the facts as accurate as possible.  These documents are examined by the court in order to attempt to corroborate someone’s account of what has been happening.  Notes can be about conversations, events and anything else that occurs, and these notes become evidence.  Photographs are also a type of documentation, and they are considered more concrete than written documentation in many cases.

Documentation of the facts can be used in order to back up your story in court, the way these documents are presented into evidence can be handled by a legal professional.  Any accusation against the other parent that can be proven with photographs will go a long way in backing you up in court, and should help out a good deal with credibility.  This is something that is not applicable to everyone’s situation, but if it is something you can do than it would be a good idea.

Dec 13

Protecting Childrens’ Rights During Cohabitation

Family law also applies greatly to cohabitation situations.  A father may have legal rights even when he has never been married to the mother of his children.

The issue of cohabitation has been brought before the courts much more recently than in previous generations, and it is important to understand how laws apply to children in these instances.  The number of these relationships that involve children is around twelve times greater than it was in the 1970s.  It is much more likely for a child to live with cohabiting parents than to live with a divorced parent, according to the National Survey of Family Growth.

Due to the increased frequency of cohabitation, it is vital to understand that father’s rights if the relationship should eventually end.  In a marriage the husband is presumed to be the father of any children, but this assumption is not always present in cohabitation situations.

Avoiding a scenario where an ex-girlfriend attempts to pretend that the father is not the real father of the children is prevented by establishing paternity of the child in question.  This is best done by a genetic test which the court can compel a mother to cooperate with, a legal professional can aid greatly in this process. 

Dec 13

Your Ex Wife is Accusing You of Child Abuse

Even unsubstantiated allegations of child abuse need to be taken very seriously, and you need a legal professional to assist you in addressing the situation properly in court.  Allegations of abuse can be investigated during the divorce proceeding, and often it can mean that the whole process becomes a lot more complicated.  These allegations need to be dealt with by a legal professional, and if these allegations ever come your way and you are not consulting with a legal professional, it is important that you do so immediately.  A legal professional can advise you how to proceed with visitation after these allegations are made.  These allegations can have very serious consequences, so taking them seriously needs to the priority of any parent.

Avoiding the situation until it goes to court is going to be exceedingly difficult, missing out on time with your children is never an easy thing.  A legal professional can assist you in taking advantage of the legal options with regard to defending yourself in court.  Depending on the situation there could be a lengthy investigation into the past of yourself and your ex-wife, legal professionals do a much better job representing their clients with a clear and honest disclosure of the facts.  Nothing about this process is easy, and having a legal professional there to clarify on how an investigation is conducted.  A legal professional can help to communicate your wants and side of the story during the legal proceeding.