Showing posts with label Custody. Show all posts
Showing posts with label Custody. Show all posts

Friday, December 17, 2010

Lawyers, Custody, Money, and Other Divorce Questions

Let's not go on about relationships, but much like anything, the endings can be tough. Often the last thing on your mind is hiring a lawyer. Unfortunately, divorce is rarely easy. This guide explores common questions you just might have on divorce.

You Need a Lawyer
Yes, this is going to be tough, but the good news is that you need not go on alone. In fact, you can get legal representation on your terms. For every divorce, there is a divorce lawyer. Many question those who help bring apart families for profit; someone will have to do it, someone will have to make sure laws are followed. On the other hand, some believe lawyers charge too much. This can, in fact, be true. It depends on who you hire. If you contacted 10 divorce lawyers today, you would know where prices are. If you asked for references, looked into court experience, and met with the lawyer, you would better understand why he or she charges the rate.

Choosing Between Thousands of Lawyers
There are so many lawyers that it can be daunting just to pick one. Yes, divorce law is a big field, because the majority of marriages end up that way. We went over why you need a lawyer, but hiring one is another story. It''s not as difficult as it sounds if you have the right strategy. You can find them in the phone book, online, through family, etc. The best way may be the lawyer with a web site. A web site can really pin down how much experience this lawyer or firm has, and a quick email after you get out of work can be replied to. The best way is to compare 5-10 lawyers based first on experience and how well they communicate with you, and then by price. Price does not mean a lawyer is good or bad; experience does.

Fighting for Custody
If you want custody, one of the most common problems facing couples, you also need a lawyer. It's no longer the case where the mother always gets the child or children. In order to win custody, legal representation is a must. It only matters who can justly take care of the child. This can be the most difficult part of a divorce, and because emotions can run wild, explain your hopes to your lawyer and try to come to an agreement with your spouse.

Protecting the Bottom Line
You may wonder what to do with all your joint bank accounts. Some of your fears may be founded on some truth, as spouses can charge up credit cards without you even knowing (until the bill comes). The best thing you can do before the divorce goes on is close all joint accounts, even store accounts. You can find them all in your credit report.




Jacob Malewitz recommends http://www.DivorceAttorneyHome.com/ for divorce and child support help.

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Tuesday, June 1, 2010

Understanding the Basics of Child Custody and Divorce Law - Protect Your Parental Rights!

When two adults get divorced and there are children involved, decisions as to which spouse will gain custody of the children are always a critical - and emotionally draining - issue.

Child custody and divorce laws vary from state to state, so for the sake of this article we will be focusing on Divorce Law in Georgia. If you do not live in Georgia, I recommend that you read this article to get a basic understanding of Child Custody & Divorce Law in general, and then check with an attorney in your home state to see how your state's particular laws may vary.

Under Georgia Divorce Law, GA does not favor either the mother or the father. Rather, GA divorce law strives to analyze the relationship each child has with each parent, and work towards the best interest of the children.

Georgia divorce and family law allows for a number of different types of child custody, including: temporary custody, sole custody, split custody, and joint custody.

Temporary custody under Georgia divorce law is exactly what the name implies. It involves which parent has custody of the children at that moment. Temporary custody can be overturned easily under GA law if it is discovered that the children are in an unsafe situation.

Sole custody under Georgia law is often referred to as 'legal custody.' This means that one parent has the authority to make long range plans that include (but are not limited to) moves, education, or life changing circumstances that affect the children. If a parent has sole custody under Georgia law, they do not need to have the permission of the other parent to make these decisions.

Split custody under Georgia law is where two or more children are involved, and the children live with different spouses. Oftentimes this decision is based upon the preference of the children as to whom they would prefer to live with.

Joint custody under Georgia law is where both parents have control over the upbringing of the children involved. In this type of custody decision, both parents must be able to communicate for the benefit of the children, and be able to come to agreements about how to raise the children. If the spouses are constantly fighting, the court can (and often will) deny a request of joint custody.

When issues of child custody come up in a Georgia divorce, many wonder or not they should hire a GA divorce attorney. While a Georgia attorney is not always needed, I do highly recommend that you have an attorney licensed to practice in Georgia and familiar with GA Child Custody and Divorce Law on your side. Importantly, if you are involved in a hostile divorce, or if the other spouse has a GA attorney representing them, I definitely recommend that you hire experienced Georgia divorce attorneys, such as the legal team at Persily & Associates who are Divorce Attorneys in Atlanta.

Of course, there are times when two spouses going through the divorce are able to come to a mutual agreement regarding child custody. If this is the case, then a stipulation and consent order should be filed with the court. The order must be very specific as to the custody of the children. The order should include which parent will have legal custody of the children after the divorce, as well as which parent will have the children during holidays. Also, all sorts of contingencies must be taken into consideration. If one parent is running late and can not meet scheduled visitations, do the visitations get rescheduled? No mater how trivial it may seem, every conceivable issue regarding the divorce and custody of the children need to be discussed and placed in the consent order to prevent misunderstandings in the future regarding child custody.

It is important to note that many parents will want to change or modify their child custody agreement after it has been made. If you desire to do this, then you must provide evidence as to why the agreement should be modified. The state of Georgia wants the child to live a stable life.

Remember, when you are thinking or discussing child custody, the most important factor will be the best interests of the children involved. Their feelings, thoughts, and most importantly their safety and stability are the primary concern of the courts under Georgia law. To protect your rights and the rights of your children, we highly recommend you have a knowledgeable GA divorce attorney by your side every step of the way.




Take a look at the website of Persily & Associates for additional information: http://www.persilylaw.com/divorce

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