Mar 14

Deposition and a Child Custody Trial

Giving a deposition to a hostile lawyer in a custody trial can be a very difficult experience for many people, so it is important that you know what your rights are.  A good legal professional can advise you on how to move forward, and can likely provide you with some sound advice.  When going through these proceedings the most important thing is to stay calm.

Your ex-spouse’s lawyers might try to trick you into giving inconsistent information, and at that point they may try to accuse you of lying.  Such tactics have been used in some instances to provoke that parent into an emotional reaction, at that point there is the chance that someone could end up looking like a bad parent or an unstable person.

Knowing the answers to questions that will likely be asked is something good to bear in mind, and if you have a good legal professional on your side they should be able to provide you with some likely questions.  Being careful not to volunteer too much information is important, because at that point it could lead down a rather damaging road.  Answer only the question in front of you.

Remaining calm and composed is the single most important thing that you can do, so try and make sure that you are in control of the situation in question.  Witnesses are more likely to lose their train of thought if they become emotional, and this can lead to contradictory answers.

Mar 14

Modifying Child Support or Custody Outside of Court

Following a divorce the situation between you and your children could end up changing in ways you have not foreseen.  You and your ex-wife could end up having changes in income or other responsibilities, and as a result there might be modifications necessary for visitation and custody.  If you and your ex-wife are in agreement about how to modify these issues then you do not have to go to court, but if you disagree then legal intervention might be necessary.  Although in order to feel secure in their arrangement some couples do decide to have their agreement stipulated to in a court order.

If this is something you are currently trying to arrange this sort of agreement than the help of a legal professional could prove to be helpful.  They can review the way your documents are prepared in order to ensure that they are in accordance with the law.  They can translate the meaning and intentions of the document plainly so that there is no misunderstanding of it in the future.  This helps out a great deal in ensuring that the document remains useful in the long run.

Keeping in mind that if you and your ex decide to alter a divorce agreement that it does not alter the court order in the eyes of the court is important.  This is incredibly important to remember, because your ex could lie about what you two might have agreed on when you get in front of a judge.

Mar 14

Establishing Paternity, Child Support and Custody

Ending a relationship between two parents who were never married is easier from a legal standpoint than ending a marriage because it did not result in a divorce. Unfortunately, if children from this relationship are involved, it can be just as complicated, especially if the mother does not want the father to have visitation rights with his children.

The best way to handle this situation is to never get into it in the first place, and by maintaining a cordial relationship with the mother. Unfortunately, that is not always possible, and the matter ends up in a legal setting.   Contacting a legal professional can be the first step in establishing paternity and getting visitation rights.

Usually the first step in this kind of visitation case is to establish paternity. This is done by the mother, child and yourself all taking a paternity test. The results are later included in the paternity trial. If the results show that a plaintiff is indeed the child’s father, several things can happen. First, the father may be responsible for child support payments. He is also now entitled to ask for visitation rights, or even custody of the child. These proceedings are usually a separate process from determining paternity.