DivorceAttorneyHome.com >> Divorce Blog >> September 10, 2010

August 30, 2010

Going to Custody Court in Arizona

Filed under: child custody by Divorce Helper @ 7:06 am

Whether you are in Phoenix, Mesa or some other city in the Arizona, going to Custody Court can be a very intimidating experience the first time when you don’t know what to expect. It does not have to be that way. Following these five simple suggestions can save you a lot of stress and worry in the long run:

  1. Be prepared to go to court. Courts are institutions that try to operate on factual information. Take copies of proof of income such as an IRS tax statement or a pay roll stub. Also, make sure you take a copy of any health insurance premiums you pay on you children.
  2. Appearance in any Court is very important, especially first time appearances. The Judge may not know you, and he or she has only your appearance to start sizing your parental abilities, so, appear to be worthy of what you will ask of the Court. Lean toward being clean and professional rather than flashy and uncouth. If you do not appear to take an interest in your own hygiene, the Judge may get the impression you won’t take interest in the hygiene of your children either.
  3. Be on time to your court appearance. Leave your home in plenty of time to reach the Court destination and remember to allow for the screening process at the front door. Your case will most likely not be the only case on the docket, so, being late will make everyone else late. Your being late will make a lasting impression on the Judge, but it will most likely not be a good one.
  4. Unless the Judge orders it, do not take your children to Court. Although the Court proceedings are about them, small children do not need to hear what goes on in the proceedings, it is not their business. If the experience can be intimidating for adults, think of how scary it might be for the children. The process is sometime long, and children demand time from you that you will not have during the Court proceedings. So, make arrangements for your children to be attended to in some other place than the Court proceedings.
  5. Go to Court with a positive attitude. In most all Custody Courts across the United States, the courts have a vested interest in helping you solve a  most difficult situation. They want to do what is best for both parents and children. Going to Court with a negative disposition will leave a lasting impression of the wrong kind and will not help you get what you want. Your child and you both deserve to come out of the process with a bright future, so, be positive, courteous, and respectful. The Court will most likely respond in like kind.

Whether or not you are represented by counsel in your Court appearance, applying these five simple suggestions will go a long way into helping you relieve the stress and worry over your situation. Sometimes you can handle these problems on your own, but sometimes, it is best to have supportive counsel in the form of a divorce Lawyer who specializes in child custody cases. He or she will give you the legal knowledge required to provide the confidence you will need to have a positive attitude for your Court appearance. If you feel you need this kind of help, contact us right now and we will help you locate the right divorce attorney in your area that will provide you answers to the legal questions you may have.

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August 16, 2010

Going to Custody Court in Houston Texas

Filed under: Divorce, child custody by Divorce Helper @ 12:22 pm

Whether you are in Houston, Texas or some other city in the State, going to Custody Court can be a very intimidating experience the first time when you don’t know what to expect. It does not have to be that way. Following these five simple suggestions can save you a lot of stress and worry in the long run:

  1. Be prepared to go to court. Courts are institutions that try to operate on factual information. Take copies of proof of your income such as an IRS tax statement or a pay roll stub. Also, make sure you take a copy of any health insurance premiums you pay on you children.
  2. Appearance in any Court is very important, especially first time appearances. The Judge may not know you, and he or she has only your appearance to start sizing your parental abilities, so, appear to be worthy of what you will ask of the Court. Lean toward being clean and professional rather than flashy and uncouth. If you do not appear to take an interest in your own hygiene, the Judge may get the impression you won’t take interest in the hygiene of your children either.
  3. Be on time to your court appearance. Leave your home in plenty of time to reach the Court destination and remember to allow for the screening process at the front door. Your case will most likely not be the only case on the docket, so, being late will make everyone else late. Your being late will make a lasting impression on the Judge, but it will most likely not be a good one.
  4. Unless the Judge orders it, do not take your children to Court. Although the Court proceedings are about them, children do not need to hear what goes on in the proceedings, it is not their business. If the experience can be intimidating for adults, think of how scary it might be for the children. The process is sometime long, and children demand time from you that you will not have during the Court proceedings. So, make arrangements for your children to be attended to in some other place than the Court proceedings.
  5. Go to Court with a positive attitude. In most all Custody Courts across the United States, the courts have a vested interest in helping you solve a  most difficult situation. They want to do what is best for both parents and children. Going to Court with a negative disposition will leave a lasting impression of the wrong kind and will not help you get what you want. Your child and you both deserve to come out of the process with a bright future, so, be positive, courteous, and respectful. The Court will most likely respond in like kind.

Whether or not you are represented by counsel in your Court appearance, applying these five simple suggestions will go a long way into helping you relieve the stress and worry over your situation. Sometimes you can handle these problems on your own, but sometimes, it is best to have supportive council in the form of a divorce Lawyer who specializes in child custody cases. He or she will give you the legal knowledge required to provide the confidence you will need to have a positive attitude for your Court appearance. If you feel you need this kind of help, contact us and we will help you locate the right professional for you.

July 14, 2010

Legal Jargon for Divorce and Child Custody in New Jersey

Filed under: Divorce, child custody by Divorce Helper @ 2:23 pm

There are so many different levels of law across our land, is it any wonder the laws vary so much from city to city, county to county, and state to state? If you are facing a divorce and/or a child custody battle for your children, this article is designed to provide the most common legal terms applying to your situation to help you make better informed legal decisions. Along with their definitions, this list of terms is not exhaustive, but common for places like Monmouth, Ocean, and other cities in New Jersey:

  • Affidavit- sworn statement in writing, usually made under oath or on affirmation before a magistrate or officer.
  • Alimony- also called maintenance or support, the financial support ordered by the Court for the support or living maintenance of a spouse.
  • Contested Divorce- any issue on which the petitioner and respondent cannot agree, which must then be decided by the court.
  • Custodial Parent- the parent who has physical custody of the child.
  • Default judgment- all parties have been served but one or both do not appear at the court hearing, so the Court can render a default decision.
  • Discovery- pretrial disclosure of pertinent facts and documents, including financial figures, by one or both parties.
  • Docket- the court’s calendar schedule.
  • Hearing- a court session in which testimony or arguments are offered by attorneys or involved parties for the purpose of resolving a legal dispute.
  • Fault Divorce- used in Contested Divorce cases where a legal ground for divorce must be declared.
  • Grounds- the legal basis for action or complaint for divorce.
  • Joint Legal Custody- situation in which both parents continue to make joint decisions for their child’s education, medical care, religious training, and other day to day matters.
  • Joint Physical Custody- situation wherein the child spends time sleeping in both parents’ homes.
  • No-Fault Divorce- a divorce in which neither party has been accused of or found guilty of any misconduct, and commonly called an Uncontested or Non-Contested Divorce.
  • Non-Custodial Parent- the parent with whom the child is not physically living.
  • Pass for service- when one or both parents have not been served, a postponement of the hearing is usually requested.
  • Petitioner- the spouse who files for divorce.
  • Respondent- the spouse whom the Petitioner is seeking to divorce.
  • Service- the act of serving the respondent with legal papers, such as the Notice of Petition for Dissolution.
  • Summons- written notice to appear in court either as a defendant or a witness.
  • Visitation- the legal right of a Non-Custodial parent to see his or her child.

If these terms are confusing and seem too complicated, then it is highly likely you will need a professional who can help you with any legal jargon and the inner workings of your local court systems. Contact us right now and we will help you find a divorce lawyer in your area who can give you the legal help for not only divorce but for child custody too.

(Note: Please feel free to print out this page in order to have the terms readily available when you need them. Understanding these common terms will help you even when you visit for the first time with your lawyer.)

May 25, 2010

Going to Custody Court in Albany, New York

Filed under: child custody by admin @ 9:45 am

Whether you are in city like Albany, Schenectady, Troy, or some other city in the New York, going to custody court can be a very intimidating experience the first time when you don’t know what to expect. It does not have to be that way. Following these five simple suggestions can save you a lot of stress and worry in the long run:

  1. Be prepared to go to court. courts are institutions that try to operate on factual information. Take copies of proof of income such as an IRS tax statement or a pay roll stub. Also, make sure you take a copy of any health insurance premiums you pay on you children.
  2. Appearance in any court is very important, especially first time appearances. The Judge may not know you, and he or she has only your appearance to start sizing your parental abilities, so, appear to be worthy of what you will ask of the court. Lean toward being clean and professional rather than flashy and uncouth. If you do not appear to take an interest in your own hygiene, the judge may get the impression you won’t take interest in the hygiene of your children either.
  3. Be on time to your court appearance. Leave your home in plenty of time to reach the court destination and remember to allow for the screening process at the front door. Your case will most likely not be the only case on the docket, so, being late will make everyone else late. Your being late will make a lasting impression on the Judge, but it will most likely not be a good one.
  4. Unless the Judge orders it, do not take your children to court. Although the court proceedings are about them, small children do not need to hear what goes on in the proceedings, it is not their business. If the experience can be intimidating for adults, think of how scary it might be for the children. The process is sometime long, and children demand time from you that you will not have during the Court proceedings. So, make arrangements for your children to be attended to in some other place than the Court proceedings.
  5. Go to court with a positive attitude. In most all custody courts across the United States, the courts have a vested interest in helping you solve a  most difficult situation. They want to do what is best for both parents and children. Going to court with a negative disposition will leave a lasting impression of the wrong kind and will not help you get what you want. Your child and you both deserve to come out of the process with a bright future, so, be positive, courteous, and respectful. The court will most likely respond in like kind.

Whether or not you are represented by counsel in your court appearance, applying these five simple suggestions will go a long way into helping you relieve the stress and worry over your situation. Sometimes you can handle these problems on your own, but sometimes, it is best to have supportive counsel in the form of a divorce Lawyer who understands child custody cases. He or she will give you the legal knowledge required to provide the confidence you will need to have a positive attitude for your court appearance.

If you feel you need this kind of help, contact us and we will help you locate the right professional for you.

May 24, 2010

Legal Jargon for Divorce and Child Custody in Albuquerque New Mexico

Filed under: Divorce, child custody by admin @ 12:16 pm

Someone once quipped that a starter marriage was a short-lived first marriage with no kids, no property, and no regrets, but I call that a friendly divorce. Unfortunately, we live in a society where most of our divorces are a little more complicated, and anything but friendly. With almost 50 percent of our marriages in the United States ending in divorce, the legal jargon has gotten so complicated we have been forced to man a complicated court system in order to untangle the legal complexities of marriage.

Concerning our marital laws, there are so many different levels of law across our land, is it any wonder the laws vary so much from city to city, county to county, and state to state? If you are facing a divorce and/or a child custody battle for your children, this article is designed to provide the most common legal terms applying to your situation to help you make better informed legal decisions, and to make the process less complex. Along with their definitions, this list of terms is not exhaustive, but common for Albuquerque, New Mexico:

  • Affidavit- sworn statement in writing, usually made under oath or on affirmation before a magistrate or officer.
  • Alimony- also called maintenance or support, the financial support ordered by the Court for the support or living maintenance of a spouse.
  • Contested Divorce- any issue on which the petitioner and respondent cannot agree, which must then be decided by the court (either before a judge or jury).
  • Custodial Parent- the parent who has physical custody of the child.
  • Default judgment- all parties have been served but one or both do not appear at the court hearing, so the Court can render a default decision.
  • Discovery- pretrial disclosure of pertinent facts and documents, including financial figures, by one or both parties.
  • Docket- the court’s calendar schedule.
  • Hearing- a court session in which testimony or arguments are offered by attorneys or involved parties for the purpose of resolving a legal dispute.
  • Fault Divorce- used in Contested Divorce cases where a legal ground for divorce must be declared.
  • Grounds- the legal basis for action or complaint for divorce.
  • Joint Legal Custody- situation in which both parents continue to make joint decisions for their child’s education, medical care, religious training, and other day to day matters.
  • Joint Physical Custody- situation wherein the child spends time sleeping in both parents’ homes.
  • No-Fault Divorce (NY different than rest)- a divorce in which neither party has been accused of or found guilty of any misconduct, and commonly called an Uncontested or Non-Contested Divorce.
  • Non-Custodial Parent- the parent with whom the child is not physically living.
  • Pass for service- when one or both parents have not been served, a postponement of the hearing is usually requested.
  • Petitioner- the spouse who files for divorce.
  • Respondent- the spouse whom the Petitioner is seeking to divorce.
  • Service- the act of serving the respondent with legal papers, such as the Notice of Petition for Dissolution.
  • Summons- written notice to appear in court either as a defendant or a witness.
  • Visitation- the legal right of a Non-Custodial parent to see his or her child.

If you are not in a starter marriage, and these terms still seem to be too confusing and complicated, then it is highly likely you will need a professional who can help you with any legal jargon and the inner workings of your local court systems. Contact us right now and we will help you find a divorce lawyer in your area who can give you the legal help for not only divorce but for child custody too.

(Note: Please feel free to print out this page in order to have the terms readily available when you need them. Understanding these common terms will help you even when you visit for the first time with your lawyer.)

April 6, 2010

Going to Custody Court in Ohio

Filed under: child custody by admin @ 8:00 am

When minor children are involved in a divorce, the Ohio courts will do everything possible to help lessen the emotional trauma the children may be experiencing. In determining the best interest of a child, the court will consider all relevant factors, including:

  • The wishes of the child’s parents regarding the child’s care;
  • The child’s wishes and concerns as to the allocation of parental rights and responsibilities concerning the child;
  • The child’s interaction and interrelationship with the child’s parents, siblings, and any other person who may significantly affect the child’s best interest;
  • The child’s adjustment to the child’s home, school, and community;
  • The mental and physical health of all persons involved in the situation;
  • The parent more likely to honor and facilitate court-approved parenting time rights or visitation and companionship rights;
  • Whether either parent has failed to make all child support payments;
  • Whether either parent previously has been convicted of or pleaded guilty to any criminal offense involving any act that resulted in a child being an abused child or a neglected child;
  • Whether the residential parent or one of the parents subject to a shared parenting decree has continuously and willfully denied the other parent’s right to parenting time in accordance with an order of the court; and
  • Whether either parent has established a residence, or is planning to establish a residence, outside this state.

Whether you are in  Youngstown, Warren, or some other city in the Ohio, going to a Child Custody Court can be a very intimidating experience the first time when you don’t know what to expect. It does not have to be that way. Following these five simple suggestions can save you a lot of stress and worry in the long run:

  1. Be prepared to go to court. Courts are institutions that try to operate on factual information. Take copies of proof of income such as an IRS tax statement or a pay roll stub. Also, make sure you take a copy of any health insurance premiums you pay on you children.
  2. Appearance in any Court is very important, especially first time appearances. The Judge may not know you, and he or she has only your appearance to start sizing your parental abilities, so, appear to be worthy of what you will ask of the Court. Lean toward being clean and professional rather than flashy and uncouth. If you do not appear to take an interest in your own hygiene, the Judge may get the impression you won’t take interest in the hygiene of your children either.
  3. Be on time to your court appearance. Leave your home in plenty of time to reach the Court destination and remember to allow for the screening process at the front door. Your case will most likely not be the only case on the docket, so, being late will make everyone else late. Your being late will make a lasting impression on the Judge, but it will most likely not be a good one.
  4. Unless the Judge orders it, do not take your children to Court. Although the Court proceedings are about them, small children do not need to hear what goes on in the proceedings, it is not their business. If the experience can be intimidating for adults, think of how scary it might be for the children. The process is sometime long, and children demand time from you that you will not have during the Court proceedings. So, make arrangements for your children to be attended to in some other place than the Court proceedings.
  5. Go to Court with a positive attitude. In most all Custody Courts across the United States, the courts have a vested interest in helping you solve a  most difficult situation. They want to do what is best for both parents and children. Going to Court with a negative disposition will leave a lasting impression of the wrong kind and will not help you get what you want. Your child and you both deserve to come out of the process with a bright future, so, be positive, courteous, and respectful. The Court will most likely respond in like kind.

Whether or not you are represented by counsel in your Court appearance, applying these five simple suggestions will go a long way into helping you relieve the stress and worry over your situation. Sometimes you can handle these problems on your own, but sometimes, it is best to have supportive counsel in the form of a divorce Lawyer who specializes in child custody cases. He or she will give you the legal knowledge required to provide the confidence you will need to have a positive attitude for your Court appearance. If you feel you need this kind of help, contact us and we will help you locate the right divorce Attorney in your area for you.

March 22, 2010

Consider the Cost of a Child Custody Battle in Toledo Ohio

Filed under: child custody by admin @ 12:04 pm

When it comes to a divorce, child custody is one of the most difficult problems that  Toledo Ohio faces today. Trying to decide what is best for the children involved is a responsibility many have lost countless nights of sleep over. The costs, financially, emotionally, and in time, consumes the parents, children, and the state governments trying to untangle the mess of a broken marriage.

So, why is it that some in the United States has so many problems with such a natural event as raising children? There are many reasons, but probably the overwhelming factor for contributing to problems with child custody is maturity. Merriam Webster defines maturity as attaining a final or desired state.

When it comes to raising and taking care of children, a desired state should mean taking on all responsibilities that go along with attaining the goal of raising children to the legal age of adulthood. Being able to do so requires you recognize and devote yourselves to the resources at hand that will help you attain the goal.

Some of the basic resources necessary to raise children include a source of income, a nurturing and positive environment, adequate shelter, preparation for the  future, good healthcare, and an adequate diet. In a nutshell, raising children requires you to be responsible at working hard to provide the basic resources for your children. Both you and your spouse should be in sync, dedicated, determined, and focused on your goals if you expect to be successful in raising healthy children.

When a marriage becomes incompatible, as a spouse, what does your mature responsibility then become to your children? In Toledo, if a friendly and formally signed agreement between the spouses concerning basic resources for the children has not been made, the Court of Common Pleas in Lucas County may decide what is ultimately best for the children.

If either or both of you are capable parents, one of you may be chosen as the primary physical care taker of the children, called the custodial caretaker. The one of you not chosen as the custodial caretaker will then be referred to as the non-custodial caretaker. Regardless of how you are now referred to by the courts, neither of you loses the responsibility of raising  your children to a healthy adulthood. Because the primary custodial caretaker keeps the children most of the time, their resources, like income, will be depleted faster than the non-custodial caretaker’s. Therefore, it stands to reason, if you are the non-custodial caretaker, you may be ordered to contribute toward your child’s resources through what the courts call child support.

In Ohio, child support is usually based on the Income Shares Model for calculating child support. The monthly support amount determined by applying the guidelines is divided proportionally according to each parent¹s income. These two support amounts are then offset to establish which parent will pay the other parent for support of the child.

All income is typically verified by examining past W-2’s and child support worksheets are available at the courthouse. These figures are normally arrived at by the courts after carefully and meticulously figuring out a fair amount the non-custodial caretaker can contribute to the resources of the children, and the amount of resource needs of the children. Ideally, the amounts chosen are not intended to break either side, but to maintain the level of resources that best supports the general welfare of the children involved.

Maybe you have found yourself in the predicament of divorcing with children, and you are not sure what is fair and what is not fair when it comes to your children. If you and your spouse cannot amicably agree on a legal solution, you may need legal counsel from a professional who is trained to help you in your situation.

Do the mature thing and contact us right now at  www.divorceattorneyhome.com, and we will put you in touch with a divorce lawyer in your area that can help you on legal matters concerning child custody and support.

March 15, 2010

Legal Jargon for Divorce and Child Custody in California

Filed under: child custody by admin @ 3:55 pm

There are so many different levels of law across our land, is it any wonder the laws vary so much from city to city, county to county, and state to state? If you are facing a divorce and/or a child custody battle for your children, this article is designed to provide the most common legal terms applying to your situation to help you make better informed legal decisions. Along with their definitions, this list of terms is not exhaustive, but common for cities in California like Bakersfield, Riverside, Oakland, Fresno, Sacromento, San Jose, San Francisco and San Bernardino:

  • Affidavit- sworn statement in writing, usually made under oath or on affirmation before a magistrate or officer.
  • Alimony- also called maintenance or support, the financial support ordered by the Court for the support or living maintenance of a spouse.
  • Contested Divorce- any issue on which the petitioner and respondent cannot agree, which must then be decided by the court.
  • Custodial Parent- the parent who has physical custody of the child.
  • Default judgment- all parties have been served but one or both do not appear at the court hearing, so the Court can render a default decision.
  • Discovery- pretrial disclosure of pertinent facts and documents, including financial figures, by one or both parties.
  • Docket- the court’s calendar schedule.
  • Hearing- a court session in which testimony or arguments are offered by attorneys or involved parties for the purpose of resolving a legal dispute.
  • Fault Divorce- used in Contested Divorce cases where a legal ground for divorce must be declared.
  • Grounds- the legal basis for action or complaint for divorce.
  • Joint Legal Custody- situation in which both parents continue to make joint decisions for their child’s education, medical care, religious training, and other day to day matters.
  • Joint Physical Custody- situation wherein the child spends time sleeping in both parents’ homes.
  • No-Fault Divorce – a divorce in which neither party has been accused of or found guilty of any misconduct, and commonly called an Uncontested or Non-Contested Divorce.
  • Non-Custodial Parent- the parent with whom the child is not physically living.
  • Pass for service- when one or both parents have not been served, a postponement of the hearing is usually requested.
  • Petitioner- the spouse who files for divorce.
  • Respondent- the spouse whom the Petitioner is seeking to divorce.
  • Service- the act of serving the respondent with legal papers, such as the Notice of Petition for Dissolution.
  • Summons- written notice to appear in court either as a defendant or a witness.
  • Visitation- the legal right of a Non-Custodial parent to see his or her child.

If these terms are confusing and seem too complicated, then it is highly likely you will need a professional who can help you with any legal jargon and the inner workings of your local court systems. Contact us at  www.divorceattorneyhome.com, and we will help you find a divorce lawyer in your area who can give you the legal help for not only divorce but for child custody too.

(Note: Please feel free to print out this page in order to have the terms readily available when you need them. Understanding these common terms will help you even when you visit for the first time with your lawyer.)

March 10, 2010

Consider the Cost of Child Custody in Baton Rouge Louisiana

Filed under: child custody by admin @ 2:54 pm

When it comes to a divorce, child custody is one of the most difficult problems that Baton Rouge faces today. Trying to decide what is best for the children involved is a responsibility many have lost countless nights of sleep over. The costs, financially, emotionally, and in time, consumes the parents, children, and the state governments trying to untangle the mess of a broken marriage.

So, why is it that some in the United States has so many problems with such a natural event as raising children? There are many reasons, but probably the overwhelming factor for contributing to problems with child custody is maturity. Merriam Webster defines maturity as attaining a final or desired state. When it comes to raising and taking care of children, a desired state should mean taking on all responsibilities that go along with attaining the goal of raising children to the legal age of adulthood. Being able to do so requires you recognize and devote yourselves to the resources at hand that will help you attain the goal. Some of the basic resources necessary to raise children include a source of income, a nurturing and positive environment, adequate shelter, preparation for the  future, good healthcare, and an adequate diet. In a nutshell, raising children requires you to be responsible at working hard to provide the basic resources for your children. Both you and your spouse should be in sync, dedicated, determined, and focused on your goals if you expect to be successful in raising healthy children.

When a marriage becomes irretrievably broken, as a spouse, what does your mature responsibility then become to your children? In Louisiana, if a friendly and formally signed agreement between the spouses concerning basic resources for the children has not been made, the Judicial District Court in the jurisdiction of the local Parish may decide what is ultimately best for the children. If either or both of you are capable parents, one of you may be chosen as the primary physical care taker of the children, called the custodial caretaker. The one of you not chosen as the custodial caretaker will then be referred to as the non-custodial caretaker. Regardless of how you are now referred to by the courts, neither of you loses the responsibility of raising  your children to a healthy adulthood. Because the primary custodial caretaker keeps the children most of the time, their resources, like income, will be depleted faster than the non-custodial caretaker’s. Therefore, it stands to reason, if you are the non-custodial caretaker, you may be ordered to contribute toward your child’s resources through what the courts call child support.

In Louisiana, child support is based on the Income Shares Model for calculating child support. The monthly support amount determined by applying the guidelines is divided proportionally according to each parent’s income. These two support amounts are then offset to establish which parent will pay the other parent for support of the child. All income is typically verified by examining past W-2’s and child support worksheets are normally available at the courthouse. Ideally, the amounts chosen are not intended to break either side, but to maintain the level of resources that best supports the general welfare of the children involved.

Maybe you have found yourself in the predicament of divorcing with children, and you are not sure what is fair and what is not fair when it comes to your children. If you and your spouse cannot amiably agree on a legal solution, you may need legal counsel from a professional who is trained to help you in your situation. Do the mature thing and contact us right now, and we will put you in touch with a divorce lawyer in your area that can help you on legal matters concerning child custody and support.

March 3, 2010

Consider the Cost of Child Custody in Orange County California

Filed under: child custody by admin @ 9:30 am

When it comes to a divorce, child custody is one of the most difficult problems that Orange County, California faces today. Trying to decide what is best for the children involved is a responsibility many have lost countless nights of sleep over. The costs, financially, emotionally, and in time, consumes the parents, children, and the state governments trying to untangle the mess of a broken marriage.

So, why is it that some in the United States has so many problems with such a natural event as raising children? There are many reasons, but probably the overwhelming factor for contributing to problems with child custody is maturity. Merriam Webster defines maturity as attaining a final or desired state. When it comes to raising and taking care of children, a desired state means you must have take on all responsibilities that go with attaining your goal of raising children to the legal age of adulthood. Being able to do so requires you recognize and devote yourselves to the resources at hand that will help you attain the goal. Some of the basic resources necessary to raise children include a source of income, a nurturing and positive environment, adequate shelter, preparation for the future, good healthcare, and an adequate diet. In a nutshell, raising children requires you to be responsible at working hard to provide the basic resources for your children. Both you and your spouse must be in sync, dedicated, determined, and focused on your goals if you expect to be successful in raising healthy children.

When a marriage becomes dissolved in California, as a spouse, what does your mature responsibility then become to your children? In Anaheim, Santa Ana, Orange, Huntington Beach, and Fullerton, if a friendly and formally signed agreement between the spouses concerning basic resources for the children has not been made, the Superior Court of Orange County will decide what is ultimately best for the children. If either or both of you are capable parents, one of you will be chosen as the primary physical care taker of the children, called the Custodial Caretaker. The one of you not chosen as the Custodial Caretaker will then be referred to as the Non-Custodial Caretaker. Regardless of how you are now referred to by the courts, neither of you loses the responsibility of raising your children to a healthy adulthood. Because the primary Custodial Caretaker keeps the children most of the time, their resources, like income, will be depleted faster than the Non-Custodial Caretaker’s. Therefore, it stands to reason, if you are the Non-Custodial Caretaker, you may be ordered to contribute toward your child’s resources through what the courts call Child Support.

In California, Child Support is based on the Income-Shares Model. Monetary Figures are normally arrived at by the courts after carefully and meticulously figuring out a fair amount the Non-Custodial Caretaker and Custodial Caretaker can contribute to the resources of the children, and the amount of resource needs of the children. Ideally, the amounts chosen are not intended to break either side, but to maintain the level of resources that best supports the general welfare of the children involved.

Maybe you have found yourself in the predicament of divorcing with children, and you are not sure what is fair and what is not fair when it comes to your children. If you and your spouse cannot amiably agree on a legal solution, you may need legal counsel from a professional who is trained to help you in your situation. Do the mature thing and contact us right now at www.divorceattorneyhome.com, and we will put you in touch with a divorce lawyer in your area that is an expert on legal matters concerning child custody cases and child support.

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