Divorce, Child Custody and Grandparents: 3 FAQs

Divorce and child custody disputes are stressful for everyone involved, the parents divorcing, the children, and often enough, event he grandparents of the children. In some situations where the parents are deemed unfit parents by the court, a grandparent or grandparents may be awarded custody of their grandchild. Usually, however, there must be some clear and compelling reason to award custody to the grandparents, particularly if either parent is alive and both capable and interested in raising the child.

In any custody proceedings, the court’s modus operandi is to always provide for the best interests of the child. If the child or children are already living with the grandparents, they may be awarded custody, particularly if there is some reason for denying the parents the right to the parental custody and control of the child. However, the burden of proof that the parents are unfit lies with the grandparents. 

 

Usually, if maternity or paternity can be proven by a blood test, this party is in favor by the courts to be the child’s legal guardian and custodian. In general, the first rights to parent go to the actual parents. However, if grandparents can show that the children are in potential or actual danger, or are in any way suffering under the care of the parents, they can be granted custody. Examples include proving that the parents are addicted to or use illicit drugs or alcohol, or if the child has been abused or neglected in any way.

In the event that only one of the child’s parents is still living, custody is usually awarded to the surviving parent, regardless of that parent’s custody standing. Custody is usually granted to the surviving parent even if he or she was not involved with or did not know the child.

However, if this parent has no interest in accepting custody or can prove that he or she is not capable of providing for the child, grandparents are typically the next in line to be awarded custody. If the child lives with the grandparents prior to the time of the deceased parents death, this could be a strong factor in gaining grandparent custody. As long as you are honestly looking out for the best interests of the child, and the parents are unable or unfit to raise the child, grandparent custody is actually a fairly common way to make sure the child has all of the best means to live a healthy, productive life. 

If you are seeking custody over your grandchildren, the first step is to seek appropriate legal representation. For the best name in the business, click here now! 

Divorce and Family Law--One in the Same?

Contemplating divorce can be an incredibly stressful event. Whether you and your spouse have irreconcilable differences, or you simply do not love each other, the prospect can be made even more traumatic when children get caught in the middle. Hiring an attorney is often the first step to protecting yourself, but you may be confused as to whether you need a divorce or family law attorney. Here is a brief dissection of the two branches.

Divorce

Typically a divorce lawyer does not get involved with custody battles in court, but merely handles the safe separation of a married couple. In every state in the U.S., the divorce process starts when the couple files a divorce complaint or petition that states your ‘grounds for divorce.’ However, since 2010, states have adopted no-fault divorce grounds, meaning that the two parties just agree the marriage is over, without the traumatic and stressful legal battle.

 Many states however, may require a separation period to allow both parties to take some time to think about the decision before either reconciling, or making the divorce final. This time period varies from state to state.

The most common ‘grounds for divorce’ include adultery, abandonment, or cruelty, and must be proven with convincing evidence. The grounds of your divorce might affect alimony and property decisions in the court.

Family Law

Family lawyers on the other hand specialize in dealing with what happens to children when the parents separate. This typically falls into custody and visitation agreements, as well as granting guardianship of a child to a third party when neither parent is seen fit in the eyes of the court to care for the child.

With this information you will be able to move confidently forward with your decision to separate from your husband or wife, or whether it will be in the best interest of both you, as well as your children to reconcile your differences. For more information, click here!

Family Law - 5 Terms You Need to Know

Regardless of whether you are getting a divorce, or going through a trial separation, educating yourself about family law and all of the divorce and separation processes will help you go a long way to protecting yourself, your assets, and your children, if any. Here are five terms you need to know to help you understand any issues that might arise as a part of your divorce proceedings.

1. Custody: Residential custody refers to the legal arrangement that determines which parent a child or children will live with. Legal custody on the other hand, makes explicit which parent has the ability to make legal decisions for the child regarding healthcare, education or religion. There are as many different types of custody arrangements as there are families. From joint custody where children spend a reasonable amount of time with either parent, or sole custody wherein one parent is solely responsible for the child’s well being. 

 2. Visitation Guidelines: To help ease the transition of a divorce for a child, visitation guidelines spell out explicitly where the child will spend the majority of his time during the week, as well as on the weekends, and during vacations and holidays. Having these guidelines in place helps avoid any trauma and stress should a dispute arise.

3. Best Interests: For parents seeking sole custody, if the other spouse also wants custody, the court will grant custody to the person who is determined to be able to best provide for the best interests of the child. This is a relatively subjective and complicated measure of which parent can best provide the monetary, physical, and emotional resources a child needs to develop into a healthy, responsible adult.

4. Child Support Guidelines: It may be decided by the courts that one parent is required to provide monetary support to the child and the residential guardian. This is typically a standard formula that varies from state to state.

5. Parenting Plan: A parenting plan is a document that lays out an arrangement for how and where your child will spend his or her time, as well as how the parents will collectively or individually make legal decisions for the child. Having a parenting plan in place is a great way to minimize the emotional stress of divorce on a child.

Contact one of our family law specialists to learn more about the divorce and custody processes today!

Child Custody For Mothers--What You Should Know

Child custody rights are awarded by a divorce court to any family member or potential guardian that the court determines can provide for the ‘bests interests’ of the child. This can be a parent, step-parent, grandparent, or another legal gaurdian as prescribed by the judge presiding over a divorce case. Custody rights may be shared between both parents, or primary rights can be granted to a single guardian.

In days past, it was very common for family courts to award child custody for mothers rather than fathers. This is largely due to a gender stereotype that women have a greater inclination, more time, and a greater capacity for developing healthy relationships with their children than men. Now, courts will examine the fitness of each parent or potential guardian in careful detail to determine which parent will be most able to provide resources and foster a healthy relationship with the child. 

While the courts no longer have a legal precedence to give custody to the mother of the child, there is still a prevalent stereotype that women are better suited to the responsibilities of the primary guardian. In seventy percent of cases, rights were awarded primarily to the child’s mother. Comapre this to ten percent of custody cases which are awarded to the father, and twenty percent that are awarded joint custody status.

A judge examines a plethora of different factors when determining which parent is best suited to provide for the child. This includes the mental and physical health of each parent, as well as their lifestyle habits. The profitability and flexibility of one of the parent’s job might also sway the court’s decisions because it means the parent is better able to provide monetary resources as well as time.

While divorce is stressful for everybody, the strain is often the hardest on children. One of the best things you can do, if you and your former spouse are on good terms, is to cooperate with each and be honest about your ability to give the child the best possible environment to develop into a mentally and physically healthy young adult. 

Click here to get more information on how you can retain custody of your children. Contact the legal professionals at KoonsFuller Family Law for an initial consultation.

Working With Your Family Law Attorney--7 Communication Tips

Hiring and working with a family law attorney can be confusing and stressful. By educating yourself and communicating effectively with your legal representative, you improve your chances of effectively navigating any legal obstacle. Here are seven tips for better communication.

1. Agree on the Fee: One of the biggest sources of confusion and stress when working with an attorney occurs when the client receives their bill. Never sign a fee agreement until you understand it completely.

2. Communicate Expectations: Any attorney worth his weight will be more than willing to keep you updated regarding his progress on a case. Ask your lawyer about what systems and processes he has in place to keep clients updated.

3. Deadlines and Client Expectations: Make sure you understand what the attorney needs from you in order to handle your case in the way that will be most beneficial to you and your family. An experience lawyer will have handled many similar cases before and can tell you what to expect in order to be better prepared.

4. Understand the Length of the Litigation Process: Some cases can take a few days to resolve. Others, may take years or may in fact never be resolved. In any case, your attorney should have a rough estimate of how long the process will take.

5. Ask to Be Educated: Lawyers often handle so many cases they forget that, while they know what to expect, their client may not. Ask your lawyer to give you a cliff notes’ version of what will happen in the litigation process regarding your case.

6. Communication Preferences: Be sure to exchange information and preferences regarding when you should be contacted with status updates, and how to best get in touch with your lawyer for an expedient response.

7. Be Reachable: Finally, always let your attorney know of any travel plans you may have, and how to get in contact with you while you are away. 

For detailed information on family law services, click here for an initial consultation with KoonsFuller Family Law Practice