Many state courts are in favor of joint child custody, but some divorce courts may choose to award sole physical and legal custody to one parent and child visitation to the other parent. Another child custody option scenario is when one parent is awarded sole physical custody but shares joint legal custody. Both parents have the right to make decisions about the children’s upbringing, but the custodial parent is responsible for making the day-to-day decisions in the child’s life. Under either scenario, the court is going to decide what is in the best interest of the child.

There are basically two types of full or sole child custody in a divorce: physical child custody and legal child custody.

Under physical child custody, the children live with exclusively with one parent, and the other may be given visitation rights, a schedule determined by the court to determine access by the noncustodial parent..  Under legal child custody,  one parent has the exclusive right – granted by the court – to make decisions about the child’s education, medical treatment, and religious teachings.

Now we know the definition of full custody, how does one get it in a divorce?

The answer to this question could potentially have 50 variations, as divorce laws and statutes can differ from state to state. The best way is to enlist the assistance of a qualified and experienced divorce law attorney. Here at DivorceAttorneyHome.com, we can provide you with the resources you’ll need to find a divorce attorney in your area. It all comes down to what is determined to be in the best interest of the child. These are the most common factors considered in determining “best interest”:

• The child’s age and health
• The health of the parents
• The stability of the parents and their lifestyle
• How well the children have adjusted to their community and their school (Would it be detrimental to move them away?)
• The parents’ ability to provide for the child’s needs, both financial and emotional
• The quality of relationship the child has with each parent
• Whether the child or the parents have disabilities
• The children’s preference of which parent to live with, providing the court rules the children are old enough or mature enough to make such a decision, and if they agree the children’s decision is in their best interests.

1. The children’s emotional needs

Facing the breakup of mom and dad’s marriage is a traumatic experience for children, and child custody is a worrisome part of that.  Naturally, they are going to wonder whether it’s their fault, or if there’s something they could have done to prevent it. Also, it’s very likely that the divorced parents will live in different parts of a city or even another city or state or country altogether. Facing a move and the prospect of having to settle into a new school and make new friends while struggling to understand why mom and dad aren’t going to live together can compound their stress. Divorcing parents must assure their children that – although they won’t be married anymore, they will always be there for the kids. Telling the children early on in the process is essential, child psychologists recommend, to allow them ample time to process this life-changing event, and prevent a more traumatic experience for them.

2. Legal and Financial Details

Divorce planning comes with many legal and financial details to be ironed out. What child custody will look like is an essential question. Will there be joint custody? Will one parent have primary custody? How will visitation be arranged? Which parent will have to pay child support? Which parent will be responsible for the children’s health care and insurance?  These are just scratching the surface. These types of decisions will be fraught with emotion. This is why it is essential to hire an experienced divorce attorney to help you see through the emotion and make sound decisions about child custody. Coming to an amicable agreement with your ex-spouse is essential to the children’s well being. It will also help maintain a civil relationship with the ex, which will benefit you all.

3. Parents, Once and For All

Another very important aspect of the child custody question is the fact that, although living apart, you are still parents to the children. No matter the outcome of the divorce, there will always be a connection between spouses in this way, so both spouses must be committed to the welfare of the children. Divorced parents are no longer married, but they will be parents the rest of their lives. Emotion is inevitable in a divorce. Having a dispassionate third party like a good divorce attorney is essential to help you look beyond your own needs and do what’s best for the children.

Need answers? Seeking advice? We can help. Log on to our website, DivorceAttorneyHome.com, for the resources you’ll need to guide you through this difficult time.

In fact, six plaintiffs in the state of Georgia have filed a class action lawsuit to force the state to provide family law attorneys for certain parents who cannot afford to hire their own lawyer and who may be facing incarceration for not paying their child support payments.

According to the nonprofit Southern Center of Human Rights in Atlanta, who is helping the plaintiffs with their claim, many plaintiffs, find themselves, “Languishing in jail for weeks, months, and sometimes over a year, these parents share one trait … besides their poverty: They went to jail without ever talking to an attorney.”

Critics of the current system argue that the incarceration, mostly of men, who are unable to pay their child support payments, penalizes the unemployed and low income who are unable to pay. Others claim the system closely resembles debtors’ prisons which were common in the early 1800s but were later outlawed.

The court proceedings are generally civil cases and the judge is able to send the parent to jail after they find them guilty of contempt of court. .The hearing only takes a few minutes.

Proponents of the current system argue that the threat of jail may increase the incentive for many parents to pay child support but critics point out that defendants should be entitled to some type of constitutional protections that other criminal defendants get and that there should not only be the “presumption of innocence”, but the defendant should also have the right to legal representation.

The Supreme Court disagreed, however, ruling in a case last year that parents, even low income parents, are not entitled to a court-appointed family law attorney if they are facing potential jail time for non-payment of child support.

In the Courts ruling they stated the states should use “substantial procedural safeguards” to protect the parents who have no means to pay child support.
The ruling by the Supreme Court, according to some experts, provides “very weak protections” for poor parents and will do little to solve the problems of those who are unable to pay and find themselves facing potential incarceration.

Hiring a Divorce Attorney

Are you considering divorce? Do you have children? If the answer to these questions is yes, it is time to talk to divorce lawyer. If you have attempted reconciliation and all of your attempts have failed, you may need to seek legal counsel.

Divorce lawyers understand the complexities of the divorce process and can review your situation and help you determine if divorce is right for you. Complicated divorce issues such as child support, child custody, spousal support and property distribution can differ by state. Find out how your state laws can affect your divorce and make sure you and your family are protected in the divorce process.

Actor Jon Cryer first achieved fame during the 80s when he starred with Molly Ringwald in the movie “Pretty in Pink.” His career was quiet for a decade or so until he resurfaced in the very popular sit-com ‘Two and a half Men’.

He married in 2000 and had a son with his wife, Sarah. They divorced in 2004 and Sarah was awarded custody of their son two-thirds of the time while Jon had him one-third of the time. Sarah was awarded $10,000 per month in child support from Jon.

Sarah hit some rough times in 2009. Her only income was the money she received from Jon for their son. Later her son was removed from her care by child protective services and handed over to Jon. Since Jon had physical custody of his son, he felt he should have to pay his ex-wife $10,000 per month.

Jon and his family law attorney took Sarah to court to have his child support reduced. Jon was earning between half a million and $800,000 every month. Sarah and her attorney argued that she would be impoverished without the support and would not be able to supply a decent home for their son when he was in her care. The family law court decided to reduce Mr. Cryer’s child support to $8,000 per month and further ordered him to pay $60,000 towards Sarah’s attorney’s bills.

According to the court, “Each parent should pay for the support of the children according to his or her ability.” The court also ruled that the earning parent has an obligation to “support his minor children according to the parent’s circumstances and station in life.”

One detail that the court stated over and over was that the child was placed with Jon after intervention by child protective services and that the eventual goal was the reunification of Sarah and her son, when she was in a better place.

Understandably, Jon and his divorce attorneys disagreed with the ruling stating that the child only spent 4% of his time with his mother and the other 96% of his time in his father’s care. They felt that $1,141 per month was in keeping with the guidelines of family court, but the court disagreed saying this would be “unjust and inappropriate”.

The court also reasoned that a drastic reduction in payment would cause Sarah to lose her home and negatively affect her ability to regain primary custody of their son. The courts desire was to support reunification.

This child support case involved many court motions and orders which were expensive. Jon could have just litigated Sarah out of any chance to a fair trial. Therefore, the court argued, the fee awarded for legal fees put Sarah on an equal playing field.

Although this family law case was highly unusual, it is important to note the court’s decision forcing the primary custodian of the child to pay child support to the non-custodial parent. The amount of income earned by Jon was a definite factor in the decision.

Hiring a Divorce Lawyer

If you believe a change in situation has occurred in your life and your child custody order should be re-examined, please contact a reputable family law attorney in your state.

The press reports that Grigorieva, according to the settlement, is entitled to $750,000 and will be allowed to live in Gibson’s Sherman Oaks, California, home until the couple’s daughter, Lucia, is 18-years-old. This is considered a modest settlement, especially considering Robyn, his ex-wife of 28 years, could have received half of Gibson’s estimated $900 million fortune.

This is the second major break-up for the once mega star who reportedly had an affair behind his wife’s back (who he was married to for 20 years). Gibson denied the affair but his girlfriend, Oksana Grigorieva, later announced that she was pregnant with his child.

The relationship between Grigorieva and Gibson has been a turbulent one. In July of 2010, reports of a “raging” Gibson were available online with Gibson threatening to “bury her in her rose garden” and her “needing a bat to the side of her head”. Earlier this year, Gibson faced charges of misdemeanor battery and entered a plea of no-contest.

Sources confirm that the star is glad to have all of these issues resolved but others confirm that the star’s image may have been irreparably tarnished.

Hiring a Divorce Lawyer

Nearly 2 million couples marry each year in the United States each year, and unfortunately, many of these couples will end up filing for divorce. Whether or not you have married or just had a child together, if you are separating or filing for divorce it is time to talk to a lawyer.

Ending a relationship is never easy, and it should be the last option for you and your spouse, but if you have attempted reconciliation and you need help, talk to a divorce attorney. Divorce lawyers can review your case and let you know the best way to protect yourself.

Discussing Child Support with a Lawyer

Child support and child custody is often one of the most widely contested, emotional and difficult issues in a divorce or separation. The courts will evaluate a variety of factors and may decide from either of the following common arrangements: joint legal custody, joint physical custody, or sole custody.

California courts have wide latitude to make custody arrangements, but the ultimate goal is to determine what is in the best interest of the child. To make their decision the courts will evaluate the following factors:

• The welfare, safety and health of the child
• Whether either parent has a history of abuse
• The nature of the contact of the parent and the child
• The habitual or continual illegal use of controlled substances or habitual or continual abuse of alcohol by either parent.
• Any other factors the court finds relevant.

(Based on California Family Code – Sections: 3010, 3011, 3040)

If you are considering separation or divorce, contact a divorce lawyer to make sure you make the best arrangement for your child.

“We have loved each other for a very long time,” Gilbert stated in March, “and we share four incredible sons together.” In addition to their son Michael (named after Michael Landon), Boxleitner, 61, has two sons from a previous marriage and Gilbert has one son from her previous marriage.

A former president of the Screen Actors’ Guild, Gilbert grew up in a Hollywood family and landed the starring role of Laura Ingalls on “Little House” at the age of eight. Boxleitner was best known for his role in the movie “Tron” in 1982 and his role on the TV series “The Scarecrow and Mrs. King”.

While it appears their divorce will be more agreeable than other recent celebrity divorces, child custody issues and spousal support could be possible points of contention.

Child Custody Laws in California

Custody laws in California may vary slightly from other states. In California, the court has all the power to determine which partner will gain custody of the children involved. Like most states, California is constrained by divorce statutes which direct their decision on where to place the child. It is important to contact a family law attorney for more information if you are considering a California divorce.

As in other states, California courts first priority is to guarantee the best interest of the child. In the second statute, the courts consider “frequent and continuing contact.” In other words, it is the court’s duty to ensure that both parents (assuming both are “fit parents”) remain an equal part of the child’s life. This includes making joint decisions about important events in the child’s life.

The court will give priority to the “natural” parent. If neither parent is judged to be suitable, the court will then look to a step-parent or grandparent.

It is important to seek the advice of a family law attorney when you are confronting a child custody battle. Divorce lawyers can help you mount a viable case in California courts. One thing to remember: the judge’s main concern in custody battles in California is the best interest of the child.

Spousal Support laws in California

When California courts are considering spousal support in a California divorce case, the statute requires that they consider the following factors:

*Is each party able to sustain their standard of living? This includes employment opportunities, marketable skills, education and the need for training.

*The amount of time the receiving spouse was unemployed performing domestic duties and how this affected the spouse’s earning capacity

*The extent to which the supported party contributed to the education and training of the supporting party

*The ability of the supporting party to pay spousal support taking into account the supporting party’s income, earning potential, assets and standard of living

*The duration of the marriage

*The age and health of both parties

These are the main points of emphasis when judges in California are determining the amount and duration of spousal support. If you are seeking advice regarding child custody or spousal support, it is important to contact an experienced family law attorney in your area who can help guide you to the best possible outcome for you and your children.

Like so many divorced couples, Sheen and Mueller have been haggling over custody of their children, Bob and Max, since their relationships imploded in Aspen, Colorado, in 2009. In February of this year police were called to the Sheen home to remove the boys from Sheen’s care, and the divorce was finalized in May 2011.

The tabloids reported that Mueller claimed to have been verbally and physically abuse by Sheen. Mueller confirmed she had previously struggled with substance abuse and agreed to enter rehab in April. Although few details of the custody agreement have been released to the public, it is confirmed that the custody arrangement requires on-going mandatory drug testing for both parents.

Whether you are a movie star or not, if you are considering divorce and you have children, one of your primary concerns will be their welfare. There are several different types of child custody arrangements available, and it is important to understand the benefits offered by each and which would work best for your family.

Divorcing couples can generally choose between four types of child custody arrangements including: Joint custody (joint child custody, joint legal custody and joint physical custody), sole or full custody, split custody, or non-parental or third party custody. Divorce law varies by state, so it is important to contact a divorce lawyer prior to filing for divorce and determine what types of child custody arrangements are allowed in your state.

Child custody arrangements are one of the most important divorce issues, and they can establish access to your child for each parent. If both parents can agree on a child custody arrangement a divorce judge may be willing to accept the arrangement if it is determined to be in the best interest of the child.

Types of Child Custody Arrangements

Joint Custody

Joint custody arrangements can take many forms (joint child custody, joint legal custody and joint physical custody) but is generally the preferred custody arrangement. Joint custody allows for both parents to either have joint physical custody of the child or at least be involved in many legal aspects of the child’s life. Joint custody has become the preferred child custody arrangement in most states.

Sole or Full Custody

Sole or full child custody arrangements have historically been the preferred child custody arrangement (until the last 20 years). This type of arrangement allows one parent to be designated as the custodian, and they have the responsibility to care for the child and make legal decisions for the child. The non-custodial parent is awarded visitation rights.

Up until the last 15 to 20 years, it was not unusual for the mother to be awarded sole custody and have full decision making responsibilities for the child. In the last decade, however, the courts have recognized the importance of a father’s role in the family and have given them more custody rights.

Non-parental or Third Party Custody

What if neither parent is available to parent? The courts have the legal option to award custody to a third party. In many states grandparents, aunts, uncles, or step parents can be awarded legal custody if the parent is proven unfit or the third party can prove that it is in the best interest of the child for them not to live with their parents.

Split Custody

Split custody arrangements allow the court to divide multiple children between the parents. This type of arrangement is the least common child custody arrangement because the courts are reluctant to divide siblings.

Exceptions may be made for certain families after the court evaluates the sibling’s relationship, their ages, the parent’s preferences, or a child’s special needs.

Hiring a Divorce Attorney

Charlie Sheen and Brooke Mueller needed a divorce lawyer and you will too. Divorce is a difficult process and given the complexity of divorce law and the emotional state of each parent, it may help to have a third party review the issues and help you determine what child custody arrangement will work best for your family.

Mediation is defined as a non-combative method of filing for divorce which potentially can help both spouses reach an advantageous result in the divorce process. Divorce mediation may allow couples to avoid some of the more traditionally unpleasant aspects of the divorce process.

Pros of Divorce Mediation

Divorce is painful, regardless of the technique used, but divorce mediation may allow married couples to work with a neutral divorce facilitator who assists the spouses as they make their divorce decisions. The facilitator is not a divorce lawyer. Mediators do not “advocate” for one person in the divorce, but help both couples identify any areas of disagreements, including child custody and child support, and negotiate an agreeable settlement.

Couples often prefer mediation because it can facilitate healthy communication. The mediator may also have the legal expertise to help the couples complete the mandatory divorce forms and legal documents. All negotiations and issues are confidential, and mediation is often less expensive than a traditional divorce, which pleases everyone.

Mediation may also help the children adjust to the divorce. If children understand that both parents were partners in the divorce process and they worked together to come to a mutual agreement that worked for everyone, they may be happier with the final outcome of the child custody arrangement.

Mediation will also allow couples to seek a resolution in court if they determine that mediation is not going to work. If the outcome of the mediation is not acceptable, either party in the divorce may choose to hire a divorce lawyer and schedule a court appearance to decide the divorce issues.

Mediation may only be successful when both spouses want to have an amicable divorce. If one spouse is not honest or chooses to hide vital information from the other, mediation may not be successful. Mediation has become increasingly popular and has helped many couples through the divorce process.

Cons of Mediation

Divorce mediation can be a good alternative to traditional divorce, but there are some limitations in the mediation process. Some of the disadvantages can include the following:

• Mediators do not have the power of a judge. They do not have the legal authority to force either spouse to agree to any type of divorce arrangement, and the success of mediation will rest entirely on the ability of each partner to work together to come to a mutually advantageous agreement.
• Mediation will require face-to-face meetings and discussions with your spouse. If you and your spouse have had a contentious break-up or if either spouse was abusive or manipulative, mediation may not be successful.

Discussing Mediation with a Divorce Lawyer

Although many states do not require mediation, more and more judges are requiring spouses to attend a formal settlement conference or Alternative Dispute Resolution (ADR).

If you do choose mediation, keep in mind that many states also do not have any special types of licensing requirements for mediators. How do you find the best mediator? Researching the mediator’s background and experience is important. Discussing your divorce with a divorce lawyer is also important. Divorce lawyers may be able to offer some advice about choosing the best mediator for your divorce.

If you are considering filing for divorce and you have questions, contact a divorce lawyer. Divorce attorneys understand divorce law and can help you determine how to proceed. Fill out the FREE case evaluation form and let us help you with your divorce.

Sheen will also pay out $800,000 upfront and another 1.2 million for Mueller’s share of the family home; Sheen will maintain ownership. Brooke Mueller also received a 2009 Mercedes in the settlement while waiving her right to any spousal support.

Charlie Sheen and Brooke Mueller were married on May 30, 2008, but they have not lived together since Christmas 2009 after an incident involving both parties. On that day, Sheen was arrested for an alleged assault on Mueller. In Aspen, Colorado, Brooke Mueller alleged that Sheen threatened to kill her while holding a knife to her throat. He was put on probation in 2010 after pleading no contest to a charge of assault.

Charlie Sheen’s troubles have been well-publicized for many years. They consist of incidents of drug and alcohol benders as well as an altercation with Capri Anderson, a porn actress. But, Mueller is not without her share of bad choices.

She did a couple stints in rehab for her own addiction to cocaine, which also happens to be one of Sheen’s problem drugs. Since the separation, Sheen has been living impulsively. He maintains that he is sober while delivering eccentric rants online. He lost his highly lucrative job on his hit sit-com “Two and a Half Men” for disparaging one of the show’s executives. Around this same time, he also began living with two much younger women.

The one slightly surprising item in the divorce said that “under no circumstances shall the child support paid by Charlie for Bob and Max be less than the child support paid by Charlie to Denise Richards (Sheen’s ex-wife) for daughters Sam and Lola.” Whether this is a matter of jealousy or simply an attempt to ensure that her children are well cared for is up for debate and speculation.

While few people have all of the crazy entanglements and excess baggage that the Sheen/Mueller marriage and divorce contained, each divorce is unique and may require the help of a capable divorce attorney. If you are considering filing for divorce and need help from a divorce lawyer, fill out the FREE case evaluation form for more information.

Regardless of whether or not the children support the divorce, the mental and emotional effects of divorce on children are more acute when there is a contentious custody battle. Children who endure custody fights often suffer an assortment of psychological problems such as: denial, anger, rage, panic- disorders, low self-esteem, guilt, and illegal behavior.  If divorce is impossible to avoid, the best way to help your children adjust is to the divorce is to avoid a lengthy, brutal, custody battle.

A Father’s Role in parenting

A powerful influence on how children navigate their parents’ divorce is the role their father plays in their lives during and after the split.  It is very important that boys and girls have both a male and female example in their lives.

The psychological effects of a divorce will be more negative on a child (male or female) when the father’s role is diminished.  Our culture has undervalued the impact a father has on his children.  For a boy, a good father models masculine behavior and accomplishment in ways that a mother cannot.  For example, much of a girl’s self worth and esteem comes from the loving and secure relationship she has with her father.  She learns how she should be treated by men in her life by the example of how her father treated her.

After a divorce, many mothers are granted custody and the influence of the father in his children’s lives is greatly reduced, to the detriment of the children’s development.  The age of the child going through a parent’s divorce can often affect how he or she internalizes the pain.

Does Age Affect a Child’s Response to Divorce?

It is common for younger children (under the age of 5) to become very introverted, angry and easily frustrated.  The young child senses conflict in the marriage and often blames himself.

Children in middle school and high school have different reactions to the psychological pain caused by their parents’ divorce.  Many fantasize about their parents reuniting and possibly getting remarried.  When the finality of the divorce sets in, they may try to cover their pain through drugs and/or alcohol.  They may also withdraw from extracurricular activities, friends and family.  This anti-social conduct is a common emotional effect of divorce on children.  Other common behaviors can include: fighting, bullying, lying, stealing, and running away.

Most parents want to minimize the psychological effects of divorce on their children.  Some ways to accomplish this are by meeting your child’s basic needs, never asking them to choose one parent over the other, and keeping both parents involved in their lives as much as possible.  Children need to be loved and nurtured by both their mother and father before and after a divorce.