Apr 14

Children and Move-Away Situations

In many situations ex-wives might end up using the threat to move away against you as a negotiating tactic for family court.  Typically, if you already have a court order in place, this is something that must be approved by the judge before it goes very far, and as a result you can have a legal professional help you out in most situations.  In some situations an ex-wife might choose to leave anyway, but with the assistance of the court she can be compelled to return.

Usually if someone is wanting to leave the state they need to notify their ex-spouse, and if they do not then they might end up in trouble with the court.  Having a legal professional on your side to present evidence to the court with regard to what is going on around a move is very important.  In many states the response time to these motions is around a month long, but you can expedite in some situations in the case of an emergency.

The action most people take is to hire a legal professional in order to see what their options are, and after that they bring the situation to the attention of the court.  The failure to pursue any action could result in the children moving away, and this is something that can end up being permanent.  Even if an ex-wife does end up moving the visitation rights will still apply and be enforced by the court.

Apr 14

Filling Out Child Custody Forms Cooperatively

Determining the custody of children during a divorce is often one of the more complicated and emotional points that ex-spouses need to work through.  No matter what the circumstances,  it is important that parents try to maintain cordial relations with their ex-spouse in order to make the process easier.

The first step is to discuss the issues ahead of time in order to leave the other person feeling as if they have encountered an unpleasant surprise.  It is important that parents try to keep things as respectful and informative as possible, and calmly explain anything you are doing.  Keeping a calm and level tone will also go a very long way in keeping everything on the level when it comes time to do things together.

The best advice most people have to give is to take emotion out of the process as much as possible, because it can lead to an unpleasant conversation.  Showing too much emotion can lead the other party to become upset as well, and this can hinder the entire process overall.  Judges are a lot less likely in most cases to award custody to someone who appears unstable, and keeping a handle on your emotions is important for this reason.

A way to limit your emotional tension is to try and find a solution outside of court such as mediation.  A reasonable arrangement or compromise can be made if you are diligent about how you proceed, but it is going to mean that you work hard at it.  Emotional outbursts and other instabilities are something that need to be controlled, because they can come into play in a judge’s summary of the case.

Apr 14

Social Media and Text Messaging as Evidence

The technology used in our society is always changing, and the ways that people communicate is changing as well, but with new technologies come new risks.  Someone going through a divorce should be very conscious of any information they put onto the Internet, because it is a permanent record that can be used as evidence in court.  Communicating with a spouse through these means could be especially perilous if they choose to use these messages against you in court.

In order to avoid the consequences of sending a message in anger it is important to carefully consider anything you say.  Legal professionals can advise you on how and where to express your feelings about a given situation, and if you happen to slip up it can be a problem later on in court.  A good way to look at the situation is to wait a day before you send anything, this will go a long way in keeping you from making a hasty decision.  Remembering that any communication can be used as evidence in court is an important thing that will keep you in check.

Being cautious of social media is also very important, because many fathers can end up facing the things they say on there later on in court.  Staying aware also of any pictures posted on these sites would be wise, because they can be used as evidence as well.

Apr 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.

Apr 14

Finding Out if Your Ex-Wife is in Contempt of Court

After a divorce, both parents are obligated and are legally bound to keep their side of the divorce decree.   Although sometimes the arrangement is not adhered to, and a father may have to seek out legal mediation.  An ex-wife who is not allowing court-ordered visitation, may be violating a court order, and the court might have to intervene.

If you ex-wife is not living up their end of the divorce decree, one might want to contact a legal professional for advice.  One option that a legal professional may recommend is asking the court for a motion of contempt.

Basically, a person is guilty of contempt for not doing what the court has ordered them to do.  Contempt is very specific to an individual case, so it is imperative that a legal professional be consulted before attempting to file contempt charges against your ex-wife.

The court has the ability to levy fines, award visitation as compensation or even amend custody agreements in cases of contempt.  Speak to a legal professional to see whether or not you have a case.