Divorced? All You Need To Know About Child Custody Rights

Divorced? All You Need To Know About Child Custody Rights

Bitter battles between two partners cannot be the option to settle issues of child custody and access if a divorce is inevitable. When parents divorce, having custody of the child only implies who the child will physically reside with both the parents continuing to be natural guardians. The custodial parent will be the caretaker of the child who is responsible for their medical, educational and emotional needs but the non-custodial parent does not lose the rights over the child and will have the privilege of access. However, over the years, there has been a shift from custody and access being the parent’s right to a child’s right. The non-negotiable principle on which custody is decided upon is the welfare and best interest of the child.

 

The only criteria that are taken into consideration are the emotional, educational, social and medical needs of the child and who can provide it. However, this does not mean that the parent who earns more gets custody over the child. Instead, their capacity to provide a safe and secure environment is what matters. For example, a non-earning mother will not be disqualified. However, the earning father will be requested to give child support. Even though the mother is the preferred custodial parent when the child is very young, once they reach the age where they can think for themselves, their opinions will be considered while deciding custody and access. The belief that as soon as a child reaches a particular age, the father will have uncontested right is wholly misplaced and wrong. The principle of the best interest of a child would also apply in the case of mutual divorce. They will have to decide who the child will stay with, what the terms of access will be, and how the living and educational costs of the child will be met.

Parties today have better-negotiating space when more innovative terms are involved like joint custody. Joint custody is a relatively new concept which does not exist in statutes but evolved when negotiating divorce settlements. In the case mentioned above, both the parents will have legal custody, but only one will be the primary caretaker and have physical custody. The non-custodial parent will be entitled to daily, weekly, fortnightly or monthly access. It could just be a day or overnight access with a gradual increase which includes weekend or vacation depending on the terms agreed upon like access on special days, etc. It could be free access with no fixed schedule as well, but according to the convenience of both the parents as well as the child. If the parents are on speaking terms, they could include the non-custodial parent’s right to school events and other recreational activities.

How To Choose the Right Lawyer: Ten Points to Consider When Selecting an Attorney

How To Choose the Right Lawyer: Ten Points to Consider When Selecting an Attorney

Just like choosing a contractor or an accountant, approach choosing an attorney wisely. Not only will you be providing them with confidential information, but you will also be entrusting them to give you legitimate legal advice and guide you through a situation you otherwise would not be able to navigate on your own. Here are some factors you need to consider when searching for a lawyer.

Long Or Short Term

Before beginning to look online, or asking friends, family or colleagues for referrals, address your own needs first. Think about why you need an attorney, whether you have a legal issue that cannot be solved on your own and if so, whether another professional might be able to help. After identifying the need for legal assistance, decide whether you need a lawyer short term or long term. This depends on the work you would like to get done. For example, think about whether you need a lawyer to advise just on a few legal situations. If that is the case, it may only need a short term hire or a consultation. However, if you are looking for a person to handle a lot of legal affairs indefinitely, getting a long term attorney who is probably the best course of action.

Area Of Law

Lawyers specialize in certain areas of the law, since it is a vast field of study, just like medicine. Some attorneys cover real estate law, while some others pursue family, intellectual property, business, a criminal defense lawyer, employment, accident/injury, immigration, bankruptcy, civil, rights law. Attorneys can be open to a wide range of situations, in which case they are referred to as general practice attorneys. Smaller communities see more general practitioners because there is limited legal help in the area. If the situation is specific to a business, then you might want to choose someone who has experience in corporate law. On the other hand, if you wish to help settle a friend’s or family member’s estate, the person to consult would be an estate planning lawyer.

 

Professional Stand

While hiring someone to offer advice or to perform a service, you need to ensure that they know what they are doing. You might need to ask for referrals from people who previously worked with them and check for referral services online who can provide you with a certified lawyer suited to your needs. Personal connections or recommendations can also be promising, like family or friends who have worked with a specific attorney.

Location

Since the laws in a country vary from state to state, you need to look for someone in the area who is familiar with the legal requirements of the region. If you live in a rural area with little to no resources, you can make use of other methods, like phone or email, to discuss smaller issues. With bigger legal matters, or for the long term, find someone close so that you can develop a trusted, face-to-face relationship.

8 Tips For Choosing A Business Litigation Attorney

8 Tips For Choosing A Business Litigation Attorney

Here are some tips for choosing a business litigation attorney.

Qualifications

Make sure that your litigation lawyer has ample experience in the area of law involved in your case. Take sufficient time in reviewing the qualifications of each attorney. If the case goes to trial, make sure that the lawyer has good trial experience. A large number of business lawsuits tend to settle before it goes to trial, so recently licensed lawyers might not have much experience in a courtroom.

A Good Listener

This is a question which will typically be answered by the conduct of the lawyer. The client must be comfortable with the lawyer, and they must be willing to take the time to listen to the client’s concerns. If an attorney is condescending, seems uncomfortable answering your questions, or seems too hurried to hear you out, the litigation process with that attorney is likely to be very difficult. Listening is a vital part of being a superior litigator. Hiring a litigation attorney who is willing to help you understand the judicial process and the case will probably not make the process fun, but it can save you a lot of frustration and expense.

The Strengths and Weaknesses of The Case

All business owners that face litigation deserve an honest assessment of the situation, even if it is difficult to hear. It is better to have a proper evaluation of the case now, instead of being let down later on in the process. If a business litigation lawyer says that the matter is an open and shut case, pick up your things and leave for there is no certainty that a case will be presented before a judge, jury, arbitrator or any other third party for that matter. The judicial process is imperfect and often unpredictable.

law

 

Cost

While embarking on litigation, decide whether it makes sense financially to fight to the very end or settle the case as soon as possible. If you have a dispute for a small amount, there is no point in spending that much or more as a means to resolve it. The litigation attorney must be able to provide estimates based on a thorough evaluation of the best-case scenario and the worst-case scenario. This will help you to not only make a decision about which attorney to hire, but also help develop an initial case strategy to either look for ways towards an early settlement, or commit to the case at trial.

Who Handles The Case

If you meet with a lawyer, impressed with their capabilities and retain them to represent you. There is no guarantee that it will be that lawyer who will be on your case and represents you throughout the proceedings. You need to ask the lawyer if they will be personally attending to the case or their subordinate or paralegal will be representing them.