How To Get Sole Custody of Your Children

There was a time when the U.S. legal system stated that children belonged with their mothers and favored mothers in custody disputes. Nowadays, the law generally stated it is in the children’s best interests to be raised by their parents, and states increasingly favor agreements in which parents share custody. To have full custody of her children, a mother must show that a different custody arrangement would badly affect them.

Before you choose to pursue full custody, however, you should know your motives. Do you want sole custody to punish your ex, or do you really think that your former mate is not fit to share custody of your child?

Ask your family law attorney about child custody issues

Family courts all over the nation mostly agree that joint custody is the best arrangement for the child. This arrangement makes the child see both parents on a regular basis. Unless your ex poses a threat to your child and has a history that gives a pattern of unsafe behavior, you should ask your goal to win full custody.

While your ex may have hurt you, gaining full custody to avoid interaction with your former mate isn’t a reason for full custody.

Family courts all over the nation mostly agree that joint custody is the best arrangement for the child. This arrangement makes the child see both parents on a regular basis. Unless your ex poses a threat to your child and has a history that gives a pattern of unsafe behavior, you should ask your goal to win full custody.

While your ex may have hurt you, gaining full custody to avoid interaction with your former mate isn’t a reason for full custody.

Best Interests of the Child Standard

Sole custody

Laws governing marriage and divorce differs per state, so the state you reside in will determine the types of custody arrangements suitable for you. Most states now see the best interests of the child standard to make sure custody without preference for parental gender. Factors the court weighs to make this determination adds the child’s age and specific needs; parents’ fitness and capability to care for the child; history of abuse or neglect; bonds between parent and child; and sometimes even the wishes of the child. Courts tend to favor the parent who can very well provide the most suitable environment for the child.

Joint vs. Sole Custody

One parent can have sole physical or legal custody of the children or both physical and legal custody. Sole physical custody means the child resides exclusively with one parent, while sole legal custody means that one parent — normally the one with physical custody — gets the exclusive right to decide about the children’s health, education and religious upbringing. A parent with sole custody can share legal custody with the other parent, who normally has the right of regular visitation. In joint custody agreements, which the court often favor, both parents typically share legal custody of the children; but, depending on the state, it can also mean the parents share both physical and legal custody. It is easier for mothers to get sole physical custody of very young children since courts often give sole custody to the parent who has been the child’s primary caregiver.

Alternatives to Going to Court

Parents usually work out custodial arrangements without going to court. Sometimes they can decide between themselves that the children are better off living with the mother, especially to small children. If ever there is a dispute over custody, mediation can often resolve it without the need for litigation. The mediation process is usually required before parents can take the matter to court. In mediation, a neutral third party guides you to work out arguments over parenting plans. If mediation did not work and you must go to court, you cannot use your gender as the sole justification for being awarded sole custody; this is now regarded by the legal system as a social stereotype.

Factors for Getting Sole Custody

To win sole custody, you must show the court that awarding you custody is in the best interests of your children due to some factors such as your existing relationship with the child; stability of the home and life you provide; inability of the father to meet the child’s needs; the father’s lack of involvement in the child’s life; father’s failure to financially provide support to the child; father’s violent behavior toward you or the child; or father’s addiction issues. In total, you must demonstrate that not granting you full custody would somehow be harmful to the children. Even if you have sole custody, a court will usually grant the child’s father visitation rights, unless it justifies that to do so would be dangerous to the child.

When to Call DWI Lawyers

Nobody goes out for the evening preparing to need an attorney later that night, but it happens sometimes. If you have ever gone out and had a few drinks, you’ve probably heard people at the bar joking about DWI lawyers, but you wouldn’t think you would need one. You probably feel like you’re still “good to drive” after a couple drinks, but a few minutes later, when you’re face-to-face with a cop, explaining why you were swerving around on the road, you’ll realize those jokes about DWI lawyers hold some truth.

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How to Find the Best Probate Attorneys

It’s important that everyone plan for their own death. Having the proper last Will and Testament in place can certainly ease the burdens that your family will deal with at the end of your life. However, even having a Will in place can’t prevent all the questions and needs that might drive someone to need probate attorneys. When you find yourself dealing with a complicated probate situation, don’t hesitate to call a professional.

When Divorced Couples Are Civil: Pros and Cons

When it comes to ending a marriage, the process can quickly become overwhelming and complicated – not to mention the emotional toll it can take on the couple involved. However, there are scenarios when the spouses agree between each other on how to segregate their marital assets, handle custody, visitation, and child support issues, and ultimately remain civil towards each other – also known as an uncontested divorce. It may be challenging for couples who are divorcing to arrive at this point, but the advantages this agreement brings can be extremely beneficial considering the circumstances.

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Safe Driving Tips During Bad Weather

As the weather gets colder and the temperatures start to drop, it means we have to prepare for another winter. With this upcoming new season, it’s the perfect time to brush up on how critical defensive driving is. Whether it’s because of snow, sleet, ice, or freezing rain, driving in the winter can get dangerous. And according to the National Highway Traffic Safety and Administration, winter car accidents are becoming more fatal. Before you find yourself in need of car accident attorneys due to an unfortunate automobile accident, read on these tips we have prepared to keep you and your loved ones safe on the road this winter.

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An Overview of Different Types of Visitation

Family courts make it a priority to give children of divorce the chance to spend time with both parents; approving or making a visitation schedule is one of the first items discussed during these type of proceedings. If the divorced parents can comply to a schedule, they will have the final decision when it comes to implementing it – as approved by the family court. However, there will be times when divorced couples disagree when it comes to visitation terms. As always, it is advisable to seek the help of experienced child visitation attorneys to protect your and your children’s rights. Their legal advice will guide you in determining your child’s custody arrangements and visitation schedule.

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Divorce Lawyers & Their Role in Family Law

It’s important to have a solid understanding of the role divorce lawyers play in family law. Family law is a complicated and sensitive thing. Nobody gets married assuming that they will then end up divorced – the plan is that the marriage will last. After all, the couple love each other very much at the time that they get married.

People change, however, and sometimes relationships end. Working with divorce lawyers can make a difficult split that little bit easier.

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Family Law Attorneys: Reasons To Have One

Family law attorneys are not only meant to represent you (or a member of the family) in a court of law but also help you make sound decisions about your family. Some of the best family law attorneys will even strive to ensure every family member is covered, particularly if one finds him/herself on the wrong side of the law. The lawyer can also offer help and advice, especially when going through a divorce, seeking child custody, alimony, drafting wills, and even executing your will.

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