Children | Child Custody
| Child Custody Questions
Child Custody Questions
Children Family & Parenting Magazine Featured Article
Michigan Custody Law Child Custody Made Simple
Questions to Ask a Michigan Custody Law Mediator
If you have a choice in mediators, there are some questions you should ask:
Experience. How much experience does the mediator have with the issues you will be negotiating?
Success rate. How many disputes has the mediator resolved successfully, and how many have not been settled in mediation?
Style. Does the mediator step back and let the parents work it out, or does the mediator actively insert himself into the process?
Prior contacts. Has the mediator worked with any of the parties before, including any of the attorneys hired by either parent?
How the mediator answers these questions will reveal whether he or she is the right mediator for you.
Michigan custody law: What Child Mediation Costs
Generally, mediation costs between $200 to $300 per hour. The overall cost will depend on many things, including the style of mediation and how long you spend in mediation.
If you and the other parent prepare well and use the mediation process efficiently, you can reach an agreement in less than an hour. On the other hand, if you arrive at the mediator's office unprepared and do not try to bring the dispute to an end, you could spend 15 hours or more before reaching an impasse.
Court-appointed mediators often charge a minimum amount-about $35 per hour. Private mediators charge more and often base their fees on their professional background. For example, a therapist or counselor may cost $75 to $100 per hour, while an attorney might bill at $150 to $250 per hour.
The Story of Edward and Barbara
When Edward and Barbara divorced, Barbara was granted physical custody of their three year-old child. Two years later, Edward sought to modify custody, and a court-appointed evaluator recommended that Edward be given physical custody. Instead, the court increased his visitation. Nine months later, Edward again tried to modify the orders, and this time, the court gave him sole custody. The court also ordered that a court-appointed psychiatrist evaluate Barbara, and barred her from asking for more time with her child until the psychologist had completed his evaluation. On appeal, the Court of Appeals reversed the mandatory psychiatric evaluation, but affirmed the decision to award sole custody to Edward, explaining that Barbara was "emotionally unsupportive of the child's needs," among other reasons. Janik v. Janik 61 Conn.App. 175, 763 A.2d 65.
Michigan custody law should be understood when dealing with child custody.
Brent Delaurentis is a father of a 6 year old girl and webmaster of The Child Custody Blog. Because he went through a long and painful custody battle he knows exactly how parents who have to go through this feel. That's why he recommends The Child Custody Strategy Package created by 2 child custody experts Dr. Bricklin and Dr. Elliot. This proven strategy package goes into great detail how any mother or father in a custody battle can win their custody case. With free bonuses like the Child Custody Checklist (49 actions to take to help you win your custody case) it is the single greatest investment a mother or father can make when in a custody dispute. Win Your Custody Case
Child Custody Issues Three Ways To Win Custody
When dealing with child custody issues there are three ways to win custody:
1. Win over the psychologist
2. Win over the judge
3. Win over the psychologist and the judge
Now that you understand that they psychologist generally makes the primary decision for custody and the judge makes the final decision on custody, you need to know how to win.
Winning Over The Psychologist
As you read above, you need to win over the psychologist. Sometimes this is just not possible. Psychologists are just people and they bring their own biases to their profession. Some psychologists are biased towards mothers while others are biased toward fathers.
Parents often will try to win over the court-appointed psychologist with sweet talk. They often will try to "buddy up" to them to convince the psychologis that they are the best parent for the child. Sometimes this strategy works. But often the psychologist sees through this. That's why I say that the best way to win custody is with evidence--the most overlooked element of custody. Lawyers and psychologists are neither trained investigators nor interrogators. They are victims of their education.
When dealing with child custody issues and a psychologist, if your evidence is solid, the psychologist should award a favorable recommendation to you, though this isn't always the case. The reason, again, is because some psychologists are biased, I have seen cases when there was good evidence against the opposing parent and the psychologist accused us of being petty. There are two reasons for this:
1. The psychologist is burned out and no amount of evidence impresses them.
2. The psychologist has never seen a parent so prepared regarding their case.
Some child custody psychologists just haven't been exposed to a carefully prepared investigation of the facts. And sometimes they resent your aggressive and thorough preparation. But the alternative of not being prepared is worse.
Sometimes you feel like you just can't win. You are prepared and your facts paint a grim picture of your spouse. The psychologists just might be upset that your investigation is so comprehensive that they are embarrassed they didn't uncover the facts like you did. Psychologist are so-called "experts" and they do not like to look stupid. So their egos sometimes get in the way of the facts. If this is the case, you have no alternative but to take your investigation to the judge and let the judge see the truth. Remember judges are also attorneys, and generally they think logically and practically. Judges like good evidence because they are trained to weigh the evidence produce. I have seen judges outraged by psychologists who testify in court. I have seen them all but accuse psychologists of quackery.
You might be in court months or years after your trial because the psychologist made a mistake on their evaluation. Or the parenting plan decided in court didn't work for the parents or the child.
The best scenario when dealing with child custody issues is to win over the judge and the psychologist. This would mean the psychologist and the judge recognize the facts and evidence in your case. With both of these people on your side, you'll win unanimously.
Winning custody of your children shouldn't be as difficult as it is. There are easy to follow and simple to learn programs available to you that will help you gain the upper hand and win your custody case. Don't simply listen to the advice of your lawyer. It may not be enough. Take the extra steps, learn the right strategies, and you'll gain the knowledge to win the case and take custody of your children. Learn about these incredible resources here: http://www.child-custody-strategies.com
California Child Custody Who Gets Custody?
Like most states, the standard for child custody determinations in California is the overall best interest of the child with an emphasis on assuring the "health, safety, and welfare" of the child and "frequent and continuing contact" with both parents absent child abuse, domestic violence, or where the contact would not be in the best interest of the child as provided in the California family code section 3011 . Further, according to California family code section 3040, child custody should be granted in an order of preference and according to the best interest of the child.
A common challenge for the court is to decide who will get custody of the child. Child custody may be petitioned by parents, grandparents, stepparents, or any person who believes they can provide suitable care and guidance to the child. So how does the California family court or a California judge handle competing persons seeking custody of the child? According to California family code section 3040, child custody should be granted in an order of preference and according to the best interest of the child. The court looks first to grant custody to both parents jointly or to either parent before looking to grant custody to other persons. California however does not currently establish a preference or a presumption for or against joint custody arrangements. Instead, it allows the California family court or California judge to make the parenting arrangement decision on a case-by-case basis according to what it believes reflects the overall best interest of the child. If neither parent is granted custody, then the court may look towards the person's home in which the child has been living and the stability of that environment and then to any person deemed by the court to be able to provide appropriate care for the child. In short, the court will typically look to grant child custody first to the parents according the best interest of the child and if they are deemed unfit the court will then look to grant child custody to other persons according to the best interest of the child.
If you are involved in a child custody battle with the other parent, grandparent, stepparent, or any other person, you would be wise to consult a California family law attorney to help you learn where you stand legally and what your legal options are with respect to your child custody rights and visitation rights.
Copyright © 2007 Child Custody Coach
Child Custody Coach supplies information, online materials, and coaching services to parents in the field of child custody, namely, divorce, child custody and visitation, child custody evaluations, 730 evaluations, parenting, and all issues related to child custody and divorce. "How to Win Child Custody - Proven Strategies that can Win You Custody and Save You Thousands in Attorney Cost!" is a unique child custody strategy guide written by The Custody Coach and made available by Child Custody Coach in an easy to read, understand, and apply E-Book format. Custody Match is an online consumer and family law attorney matching service to help you in your search for the right attorney for your divorce or child custody case. Custody Match can help you find the right family law attorney, divorce lawyer, or child custody attorney in your area.
Child Custody Questions And How The Answers Will Help You Win Custody Of Your Kids
The world of child custody can be very daunting and actually very mind boggling for most parents. Add to that the stress and depression of not having your kids with you or going through a divorce and we are talking meltdown for a lot of people. If you are in a custody battle for your kids then having answers to your child custody questions is a critical first step if are to succeed.
In this article I'm going to go over answers to some of the most common child custody questions from parents like you.
A common mistake parents make is rushing out and hiring the first lawyer they find an relying on their expertise completely to win their custody battle. Unfortunately even attorneys don't have all the answers to child custody questions or they are not up to date with the most current strategies. That is why your first step to winning custody of your kids should be research. With the age of the internet, research is a whole lot easier than it was in the past.
I've put together some of the most common child custody questions:
1. What are the different types of child custody
Joint Legal Custody - Both parents are entitled to make major decisions about their children's lives Sole Legal Custody - One parent alone has complete legal authority to make major decisions for their children.Sole Physical Custody - Is when the child lives with one parent on a regular basis with the other parent having visitation rights.Joint Physical Custody - Is when the child lives with each parent for a substantial part of the year .
2. What standards do the courts take into account when determining custody? The overwhelming principle is the "best interest of the child"
3. How does the court decide the "best interest of the child?" Depending on your child's age, the primary factors of determining the best interest of the child are
The child's interactions and quality of relationship with his or her parents.The child's involvement in his or her school and neighborhood and whether placement with either parent would disruptive.The health of the parents.The parent that is more likely to encourage and facilitate custody visitation rights of the other parent. The residence location of either parent in relation to the child's existing city or state and-or if one parent is planning to move too far away.Whether or not either parent has made process of making child support payments difficult.The wishes of the child but this will not hold a lot of weight unless the child is older.
4. Do children get to choose which household to live in? Basically, No. Judges will definitely consider their wishes depending on age but will not base custody solely on a child's preference.
5. Can my child be used as a witness in court? Yes they can. Most states give some consideration to the child's wishes.
6. Is the mother more likely to get custody? Yes, even in today's society. There are many exceptions though and fathers are gaining more custody rights as time goes on.
7. If joint physical custody is awarded, does that mean no one pays child support? Absolutely Not. Child support is determined separately from custody arrangements and is based on levels of income.
8. If my spouse is behind on child support can I restrict visitations? Definitely not. Visitation rights and child support are treated separately. You still must honor the visitation agreement and then pursue child support separately.
9. Can I stop paying child support if my spouse won t let me see my kids? No. You must still pay child support and pursue a contempt violation of the custody agreement separately.
10. What is the purpose of a custody evaluation? The primary function of a custody evaluation is to assist the court in determining what arrangements will meet the best interests of the child. They consider family and individual factors that may affect the physical and psychological interests of the child.
11. What if my ex has sole physical custody and wants to move out of state with the kids? A custodial parent must petition the court to change the custody order and ask for permission to leave the state with the child.
One of the keys to winning custody of your children is being prepared and organized. Don't leave everything up to your attorney. By doing your own research and being a partner with your attorney, you can significantly increase your chances of winning custody of your children.
If you need answers to your child custody questions to win custody of your kids, then please check out my website at http:--www.CustodyCenter.org Get prepared and arm yourself with proven strategies that will significantly increase your chances of winning custody of the most important people on this earth, Your Children. Write this motto down, "If you persist you will succeed."
I wish you all the best,
Child Custody Fathers Winning Custody
In years past it was customary for a mother to automatically get physical custody of children in a divorce. With most women now in the workforce that is changing these days and now more father's are seeing the courts decide in their favor when it is in the best interest of the child. While it is still accepted in most places that children would normally be placed in physical custody of their mothers more father's are making a strong case for physical custody.
Divorce scenarios are different today than they were 20 to 30 years ago. No longer do we see stay at home mom's raising children while father's work outside the home and provide for the family. This is the single biggest factor in father's winning custody. A female can no longer be assured of getting physical custody of her children if she and her ex husband both have jobs outside the home. The courts are now looking more equally at both parents being able to care for their children and more father's are getting custody now than at any other time.
Father's should still assume it will be an uphill battle to gain custody but it is not impossible. Some questions you will have to ask yourself will be who has a history of taking care of the children while the marriage was intact? If you as a father have not had any primary care for your child how could you expect to be granted custody? If you are attempting to gain custody so you can reduce or avoid paying child support you are not doing what is in the best interest of your children. Think about your motivation before you decide to make your case. Many states today consider any custody litigation as gender neutral. The playing field has been leveled considerably.
If you can show you are responsible, caring, and have the best interest of the children through your behavior in the past and documentation when you go to court you will have a much greater chance at winning custody of your children. Don't forget to have an attorney who has won custody for another father on your side.
Primary physical custody is your goal. If that is not possible you should at least get joint legal custody with the primary caregiver being the mother. Some type of shared custody, if it is best for the child, can be a good alternative. This will give you plenty of time with your children.
You should never enter a custody dispute without proper documentation and preparation. Ignoring this alone has destroyed the chances of many capable, loving fathers winning custody of their children. Follow this simple advise and you will be a leg up. Be polite and be prepared.
Dave Huffman was a single father who won custody of his children. He has a blog at http://www.gettingchildcustody.org
Child Custody Related Articles
Child Custody Agreements
Best Interest Children
Children Custody Plans
Child Custody Single Parents Plan
Custody Children Visitation
Legal Children Custody
Joint Physical Custody
Children Custody Papers
Child Custody Battles
What is the Best Interest of the Child
Children Custody Help