Thursday, March 11th, 2010

Child Custody

custodyChild Custody

Child custody and child support end up being topics that have been written on extensively. According to statistics couples with children have a lower divorce rate – 40%, while couples without children have a divorce rate of 60%. For those parents who are contemplating separation or divorce there are many aspects to think about, like child custody, child support, visitation right and so on. Here’s an easy guide for those who want to file the papers in court by themselves without legal representation. Weather you can’t afford a lawyer or you simply want to know your right, getting educated about child custody will be of great help.

  • The first thing you need to do before filing for child custody is to contact your local court division and find out how to obtain the papers you need. In some states you can download the documents from the internet, in others you need to go to the courthouse to get the necessary paperwork. Make sure you have the phone numbers and address of your local court division, and know that custody laws change from state to state.
  • Get information on child support laws in your state. You can contact an experienced lawyer in family law or you can do your own research on the internet or at a local library. Find out everything about the process, the costs, and the deadlines. It’s a very good idea to also talk to friends or family members who have already been through this and ask for advice. They might give you information that you can’t find in laws and rules of procedure.
  • Consider all the custody options. Going to court for child custody is time consuming and you’ll want to make a final decision before filing the actual papers, so you won’t waste your time. Talk to your spouse and find out what he/she’s thought are about the custody options. You need to make this decision together.
  • Keep a detailed record of your child’s whereabouts. There will be plenty of papers to keep track of so it is best to keep them organized. Also be very careful about deadlines and dates pertaining to your case. Most of these documents need to be filed in a certain period of time and also require follow up action within usually 30 days. Make sure you don’t miss any deadlines. If your schedule doesn’t allow you to be in court on certain dates, you might want to consider legal representation.
  • Before going to court make sure you are 100% sure you can represent yourself. The outcome of the process depends on your ability to present yourself. If you are not confident you can handle it by yourself it’s best to hire an experiences lawyer. Another way to go about it is get free legal advice from Legal Aid or a law student. They can review your case and give you valuable directions and advice.
  • Last but not least, be respectful and polite to everyone involved. Don’t let the judge see any frustration or negative attitude. Stick to the facts, don’t accuse your spouse and try to act professional and poised. Prove that it is in your children’s best interest to live with you. In the end, this is all about your children.

If you are a man currently investigating child custody, please consider buying the book Divorced Dads Survival Guide, a great book that helps arm men with understanding more about child custody.

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