The Surprising Custody Facts You Didn’t Know

Divorce is always tricky, even when people approach it with the best of intentions especially when children are involved. As any custody lawyer can tell you, divorce proceedings often become more contentious when people are dealing with matters related to custody. With that in mind, let’s look into some of the things you may not know about child custody.

1. You Don’t Have to Go To Court

While many couples do end up going to court over custody, it is not required that you do so when it comes to determining living arrangements. You and your ex can determine custody issues while working through your lawyers while avoiding the battles and fees that come with going to court. For example, in about 51% of all custody cases, both parents agreed that the mother should be the custodial parent.

2. Visitation and Child Support Are Separate Matters

Some parents believe that if they are unable to visit their children, they do not have to pay child support to their ex. This is not the case. Although this issue can vary from state to state, visitation generally isn’t linked to child support. Therefore, if a parent is keeping the person paying child support from their child, the child support still must be paid. Similarly, if someone is behind on child support, this doesn’t mean that their child can be kept from them.

3. There Are Different Types of Custody

Custody does not just refer to who the child lives with. A custody lawyer may help their client determine which type of custody is available: Physical custody determines where the child lives; legal custody determines who makes decisions about things like medical issues and religious upbringing; sole custody decides which parent takes full responsibility for the child, or joint custody where custody is shared by both parents. While custody cases can vary wildly depending on where you live, who your custody lawyer is, and other factors, everyone should keep the child’s best interests in mind. Custody isn’t about determining what is best for the parents; it’s about what is best for children.

5 Common Questions About Child Custody

Even the most amicable of divorces can get complicated when children are involved. That’s why we’re looking into some of the most commonly asked questions about child custody. The more you know about child custody before your divorce proceedings begin, the better for not only you but your entire family.

You’ll probably hear about legal custody versus physical custody during proceedings. Legal custody is the ability to make decisions on behalf of your child, like decisions regarding where they go to school and their vaccines. Physical custody determines where the child lives. While you may think that physical custody would equal legal custody, this is not always the case. Parents often have their child primarily live with one parent, while both parents share legal custody.

What Determines Custody?

Different factors go into how parents divide custody, and each custody case is individualized. For example, 54.7% of all custodial parents have one child, while more children may require more intervention from both parents. When a custody case goes to court, factors like the child’s relationship with the parents, the wishes of all involved, and the parent’s ability to provide for their child are all considered.

Do I Need A Lawyer?

Generally speaking, you should at least consider speaking with an attorney if you find yourself in the midst of a child custody case. Many lawyers do offer free consultations, and you can take advantage to see if working with an attorney ht for you.

What if My Case Involves Domestic Violence?

Domestic violence charges do affect custody cases, as courts are reluctant to award custody to parents who have serious domestic violence allegations against them.

Do Custody Laws Vary?

Custody laws do vary from state to state. It’s important that you become familiar with the laws in your specific state before you begin your divorce proceedings. This could affect your custody arrangement.

Determining custody can be difficult, but it doesn’t have to involve fighting. Approach your custody case with the best interests of your child in mind.

What Factors Lead to Divorce?

Divorce is very common. But what causes divorce in the first place? If two people willingly get married, what can cause them to change their minds? While every couple is different, there are several common factors that lead to divorce. Some are easier to handle than others, but all of them come with their own complications.

Abuse and Neglect

If one spouse is abusive toward the other and/or their children, this can be a serious factor that leads to divorce. In this situation, child support and custody arrangements can get complicated. There might be legal consequences for the abusive spouse, which impacts their ability to either have contact with their children or make money to pay child support. This is a situation in which divorce lawyers and the courts will work to untangle in a way that keeps everybody safe.

Infidelity

If one or both partners strays outside of their marriage vows, this might be a cause for divorce. Each marriage has its own boundaries and rules, so a divorce caused by infidelity can be either amiable or emotional. However, this can make child custody agreements difficult. While the cheating partner might have hurt their spouse, the courts might feel this doesn’t impact their ability to be a good parent. This is another situation where it is important that each side work with a divorce lawyer. The lawyers can work objectively to set up a plan that is as fair as possible for each side.

Incompatibility

Sometimes people just realize they shouldn’t be married to each other. This can happen early on or it can happen after decades of marriage. Out of every thousand women, the divorce rate is currently twice as high as it was in the 1960s, when divorce was extremely uncommon. However, it is not nearly as high as it was at its peak of 22.6 in the early 1980s. These days, people can explore their compatibility before making a commitment to marriage, but still have the option to divorce. This means they can separate for any reason they feel they need to, then work out the logistics in the courts.

There are a range of reasons why someone might file for divorce, ranging from simple preference to physical danger. It’s important to work with the courts and your divorce lawyers in order to make the process as simple as possible.

The Most Common Questions About Child Custody

When you’re involved in a divorce and you have children, the experience can be more emotionally taxing for everyone involved. If you are curious about the questions that are most commonly asked in a child custody hearing, read on to see a few.

What is The Difference Between Physical and Legal Custody?

This first question is important as each term has a different connotation. Physical custody is simply where the child lives, so parents can have shared physical custody by splitting time spent with the child, for instance. Legal custody, on the other hand, is the legal ability to make important decisions on your child’s behalf, such as where they will go to school, and what religion they will practice.

How Do The Courts Determine Who Will Get Child Custody?

While this is sometimes an outcome, the courts don’t like to make the decision, rather preferring for the parents to work together and come to an agreement. This could be by themselves or with the help of a mediator, a failure to which the court will make a decision based on the best interests of the child. To do this, they will consider the financial, mental, and physical status of each parent, the home environment offered by each parent, and the child’s personal preference if he or she is at least 12 years of age. In slightly more than 51% of child custody decisions, both parents come to an agreement for the mother to be the custodial parent, and in these cases, there is an easier ending to the case.

Should I Hire a Child Custody Lawyer?

In most cases, this is not necessary because a custody agreement can be worked on between the parents. There are some situations, however, that call for hiring a lawyer, and these include when one parent wants to get full custody against the wishes of the other parent, one parent is relocating or remarrying, or one parent has no faith in the abilities of the other parent as a custodian of the child.

The matter of a child’s custody is a sensitive one, and while no parent wants to be told they cannot have custody, it is important to do what is best for the child in the end. If there is a solution that will end the matter amicably, it is best to agree to it and avoid further stressing all parties.

3 Reasons Why You Should Seek the Services of Bankruptcy Lawyers

When you’re going through difficult situations in life like filing bankruptcy, it’s possible to get overwhelmed and not think on your feet. Additionally, you may not know when to file bankruptcy and whether to file chapter 7 bankruptcy or chapter 13 bankruptcy. Good thing you can hire bankruptcy lawyers to walk you through the process.

Here’s why you should seek the services of a bankruptcy attorney.

1. Professional Representation

Bankruptcy lawyers are experienced and know the processes involved in filing bankruptcy. Although it is possible to undertake the bankruptcy process on your own, you may miss some important details that will delay the process further. Worse still, you may commit unintentional bankruptcy fraud, which would land you in jail or attract hefty court fines. When you’re already financially distressed, you want to avoid any legal mess that might worsen your situation.

A good bankruptcy attorney in Bismarck, ND, and other cities will help you avail all the bankruptcy documents needed. These documents include paycheck stubs for the last six months, your credit card report, and your most recent federal income tax returns. There is a lot of paperwork involved and you can easily get confused, especially if it’s your first time filing bankruptcy. However, bankruptcy lawyers will provide proper guidance to ensure that you fill all the forms as required by the law.

2. Your Bankruptcy Attorney Will Deal With Your Creditors

Before you get to filing bankruptcy, you have probably had a tough time dealing with creditors. You may have already received multiple default notices and constant calls or emails from your creditors. This can make you more frustrated and add to the distress you are already undergoing. When you hire a bankruptcy lawyer, you won’t have to go through these demoralizing situations because your attorney will take over correspondence.

Once you get bankruptcy lawyers on board, they‘ll contact your creditors and explain what you’re going through. This way, the creditors will stop calling you directly, and this will give you more peace of mind to enable you to get back on your feet. If you still receive calls from your creditors, you can direct them to your attorney. At the end of the day, when you’re in a bankruptcy situation, what you need most is time and peace to work on your financial distress and turn around your situation.

3. Bankruptcy Lawyers Will Get You Better Repayment Terms

If you file chapter 13 bankruptcy, you negotiate new repayment terms with your creditors over a certain period. If you don’t have enough financial and legal knowledge, you may end up agreeing to worse terms that may compound your money problems. This happens because you’ll most likely renegotiate your loan terms under pressure. However, your bankruptcy attorneys will get you better repayment terms because they have the required financial and legal knowledge involved in planning debt repayment terms.

If you’re considering filing chapter 7 bankruptcy, your attorney will help you pursue other alternatives like filing a petition under chapter 11 or chapter 13. When chapter 7 is the only alternative, bankruptcy lawyers will advise you on what properties to liquidate. Your lawyer will have your back so that creditors don’t liquidate even your exempt property. Your creditors will most likely hire lawyers who will try to recover as much debt as they can. In such a case, you may end up losing all your property to your creditors, and have to start at ground zero again. A good bankruptcy attorney will prevent such scenarios.

Certain situations like divorce, filing bankruptcy, and estate planning require you to seek expert knowledge to avoid making common errors and mistakes. Sadly, most Americans often fail to seek representation and end up having negative outcomes. For instance, about 72% of Americans don’t have an up-to-date will. Also, a good percentage of U.S. citizens who file bankruptcy choose to represent themselves. In such cases, most end up with worse outcomes. To avoid this, trust bankruptcy lawyers to represent you and get you better results.