Having represented County residents for over a decade, attorneys are more than willing to help you and those you love most with divorce cases.
Familial disputes involving children are among the most difficult a person can face. If you are in the midst of trying to establish a child custody arrangement,
It is not at all uncommon for one spouse to seek money in order to better care for his or her child.
Figuring out a parenting time schedule (i.e. visitation plan) that works for all involved is crucial to ensuring that your child/children see both parents as often as possible
encourages clients to take a cooperative approach in helping prepare your case and, ultimately, helping settle your issue as quickly and inexpensively as possible. It is important that clients play an active role in the legal process
Things to know about Family Reports
During family court proceedings, a Court dealing with parenting disputes and/or parenting arrangements can make an order for a Family Report to assist the Court. The Family Report is for the purpose of providing the Court with evidence and is one item that can be taken into account in the making of Family Court Orders.
What is a Family Report?
A Family Report is a document written by a family consultant appointed by the Court. It provides an independent assessment of the issues in the case and can help the judge hearing the case to make decisions about arrangements for the child/ren. It may also help the parties reach an agreement.
In preparing the report, the family consultant does the following:
Considers the family’s circumstances;
Explores issues relevant to the case;
Recommends arrangements that will best meet the child/ren’s future care, welfare and developmental needs; and
Regards the best interests of the child/ren are the main focus of the report.
The report must be formally released by the Court before parties can receive it. It cannot be shown to anyone other than the parties to the court case and their lawyers. It cannot be shown to other people, such as other family members, without the Court giving permission for this to happen. This is the case even for people who may have been interviewed, but are not a party to the court case.
The Summary Report
A Court may order one or more parties to parenting proceedings to attend an appointment or a series of appointments with a family consultant and direct them to arrange for a child to attend such an appointment. After the appointment, the family consultant will make a report to the Court, which is presented in a shortened form and usually provide the Court a snap shot of the issues between the parties.
Pointers for Dealing With FAMILY COURT JUDGES
Working with Family Court Judges
jurists put on a workshop entitled “Dealing With Difficult Judges,” and they kindly gave their permission to share their materials with you summarize their observations and suggestions here, and add a few of my own.As these two bench officers point out, judges like the rest of us can be difficult and reactive at times, and it can be quite challenging for attorneys and pro se litigants to know how to prepare for, and best behave within, the sometimes edgy or emotional atmosphere of family courtrooms. This tension, if not understood or managed correctly, can have negative consequences in terms of outcomes and more
My intention is not to imply criticism of our bench officers. Being an effective judge day in and day out requires vast knowledge and a patience and equanimity that would challenge even a Mahatma Gandhi.Here are some pointers for how not to aggravate your family court bench officer, and a few thoughts about what to do if that happens, despite your best efforts. The opinions expressed herein are not one size fits all. I also want to have a dialogue about how to make the job of family law judges easier for them, or – to put it another way – to discuss a bit about how we might help them to help us.
Suggestions for Interacting With Family Court Judges
Judges have little patience with attorneys, and self-represented litigants, who aren’t prepared when they enter the courtroom. Many litigants don’t seem to know what they are asking the court to do, why they are asking for it, and what the best legal or factual grounds are for the orders requested.
Be Prepared For This Particular Judge
In jurisdictions with direct calendar assignments, where a judge is assigned to a case for all purposes or for all purposes possibly until the case is reassigned for trial, learn about the particular bench officer(s) who presides over your case. Information allows you to make useful assumptions about a particular judge’s attitudes and policies.
Let the Court Clerk Know the Day Before If the Case Will be Continued
Sometimes one or both attorneys or parties intend to seek a continuance of a hearing, possibly because they want to discuss settlement but often because one or both are not ready to proceed or have late papers to submit.Judges have very different attitudes towards continuances, particularly where they have already read the materials and then are faced with a continuance request. Lawyers who know that a case will not proceed are well advised to contact the courtroom clerk at least a day in advance to give a head’s up – otherwise, they may wind up with a judge who justifiably feels “put out”. Some allow self-represented parties to give advance notice of agreed upon continuances, but the other side will need to confirm it. Often messages must be left on the clerk’s answering machine, and you may not know that number or whether messages were received or acted upon.
Child Custody & Visitation Lawyer
This sometimes creates the appearance that a custody battle is in fact a battle for child support. firm does not agree with modifying visitation for the sole purpose of changing one’s child support obligation. However, firm does has the philosophical view that all good parents should have equal access to their minor children. will do everything in our power to get you the most favorable ruling regarding child custody and visitation.
Custody is defined in the Family Code as either Joint Legal Custody (see Family Code § 3003), Joint Physical Custody (see Family Code § 3004), Sole Legal Custody (see Family Code § 3006), and Sole Physical Custody (see Family Code § 3007). As a practical matter, no parent cares what their custodial arrangement is called, but every good parent is concerned with the ability to make decisions regarding their minor child’s health, education, and welfare. Good parents also wish for custodial arrangements allowing both to have frequent and continuous contact.
When parents go through a marriage dissolution or divorce (or a parentage action if the parents were never married), the most important custodial orders are the initial custody orders issued by the court. The first custodial orders are so important because after it they are established, it is time consuming and often expensive to make substantial modifications. The general guideline is for the court to assume the status quo that the parties developed on their own, however, the court is not bound by that standard.
Standards to Determine Child Custody
The main and most important standard the court utilizes to determine custody of minor children is based on the best interest of the minor children (see Family Code § 3011). Health, safety, and welfare of a child are the court’s primary concerns in determining what is any child’s best interest (see Family Code § 3020).
Other Methods to Determine Best Interest
The court, either by noticed motion by one party or on its own motion, can appoint a Minor’s Counsel, which is an attorney that specifically represents a child in a case. As with an attorney representing a parent, the Minor’s Counsel would be able to have private and privileged conversations with the child, and be able to convey to the court both a child’s preference for custody, as well as give an opinion as to what is in a child’s best interest.
Things Everyone Should Know About Family Law
In an ideal life, there might never be a need for the existence of family law nor a family lawyer and we could all live in peace and harmony. Apparently, we are living in a world that has its own imperfections and where laws play an incredibly significant role in keeping our society in order. These laws do not let anyone be an exemption; hence, even our very own family members must be guided by it.
What is Family Law and What Does it Cover in General?
People that have a good deal of money in the first place including actors and actresses, businessmen, politicians, and other celebrities usually hire family lawyers. The majority of the time, the underprivileged do not hire one not only due to financial reasons but also because a family lawyer’s job is not always very clear. The thing is, all issues related to family and domestic relationships are actually supposed to be dealt with family law.
corresponding issues associated with it including but not limited to the division of conjugal properties, child custody and support, and alimony. It is important to keep in mind that even though family lawyers are most popular because of these issues, you might be surprised to find out that there are so much more than they can cover and take care of as lawyers for your loved ones
What Does the Family Code of the Cover?
First is the Requisites of Marriage. It has been stated clearly that no marriage shall be valid unless the essential requirements are met such as the authority of a solemnizing officer (a member of the judiciary within the court’s authority, a priest, rabbi, imam, or minister of any church where at least one of the contracting parties belongs to, a military commander), a valid marriage license, and a marriage ceremony in the presence of not less than two witnesses of legal age. The marriage is considered void if any of these requirements are not met.
Second is the Void and Voidable Marriages. The marriages that must be considered void from the very beginning include those that were signed by any party below eighteen years old, solemnized by any person not legally authorized to perform marriages, solemnized without a license, bigamous or polygamous marriage, signed by any participant who, at the time of the celebration, was psychologically disabled to comply with the essential marital obligations of marriage even if such incapacity manifests only after the marriage, and incest marriage whether the relationship between the parties be legitimate or illegitimate.