Research shows that for families in Houston, a high percent of marriages end in divorce. If you are planning to get a divorce, you may be going through a tough time right now. However, a skilled family law attorney in Houston will make the divorce process easy for you. A child custody attorney will help you avoid many common mistakes that can make you miserable for a long time.
The divorce process is complicated, especially when children are involved. The entire family is affected and changed, and the process may be confusing and traumatic for you. When two people get divorced in Houston, they often face many issues such as child support, child custody, and spousal support to name a few. A family lawyer will make sure your custody agreement is fair to you and your kids. An experienced attorney will also make sure the child support payments are fair. If you are a victim of domestic violence, a family law lawyer can tell you which legal steps should be taken. Speaking with a qualified lawyer in Houston is essential before you make any decisions and it will prevent future complications in your life.
These issues are emotionally trying and legally complex for all the family members who are involved. Whether you’re a mom or a dad who is seeking custody of your kids, or if you’re trying to resolve a legal matter that pertains to your children, a child custody lawyer in Houston can help you.
Family Law, Divorce and Custody
Whenever someone thinks of the word "divorce," it brings to mind several different emotions. Hurt and betrayal are just a couple of them. Drawing a divorce agreement can be an extremely messy and devastating time for a couple. However, if they have children, this task can be even more difficult. This is where a child custody lawyer comes into play. The services they offer can help both parties in their battle to determine and solve the many issues that will arise during the divorce proceedings.
The first is fighting for child custody. There are several different ways this can turn out. The most common is joint or shared custody. Whenever parents have shared or joint legal custody, they each retain their parental rights as the minor(s) legal guardians. This still allows both parents to make major decisions for those in question. These decisions would mostly be those that pertain to medical care and anything else that requires consent from both legal guardians. An attorney can also fight on behalf of a parent for sole legal custody of the minor. This means that only one parent has the legal right to make major decisions concerning the minor's medical wellbeing, religion, or education.
These attorneys also fight for child support. A child custody lawyer can debate in the initial proceedings, presenting to the judge figures such as taxable income or other means of support one of the parents receives. This helps the judge determine a fair amount of child support that one of the parents is obligated to pay to the other. However, these attorneys can also bring the ex-spouse/parent back to court if they are not paying enough money or paying it on time. This sets the legal wheel in motion on collecting back pay. They can also bring him or her back if their income increases. This allows the parent that keeps the kids for most of the time to receive a fair amount from the other parent.
The last piece of the custody puzzle is visitation rights. Whenever parents maintain joint custody of their children, there has to be an arrangement that allows each parent to see the children. There are several different types of visitation. The most common one is unsupervised visitation. Unsupervised visitation means that each parent is scheduled certain times they are allowed to see the child. During this time, they are free to take them to their homes or to go on outings. Supervised visitations are visitations where at least one of the parents is required to have another adult present for the visit with the children. Often a time, this adult is a social worker who will make sure nothing out of the ordinary or inappropriate happens during the visit.
Going through a divorce is a mess. Each spouse seems to place blame on the other, and neither of them wants the other to abuse their parental rights. A child custody lawyer will fight for parental rights and is the best way to ensure each receives the time with the children s/he deserves.
A Talented Child Custody Lawyer Will Help You Prevent Complications In The Future
Divorce and separation is a stressful and upsetting time for every child involved no matter how old they are. Even adults whose parents decide to separate after a number of years can still be traumatised by the events. And what makes matters worse is that the legal system in this country is not set up properly to deal with custody battle in a number of situations. When one parent decides that they want to move far away from the family home and take the child with them, the justice system is more commonly than not on the side of the mother. The child's wishes and emotional health play little part.
During the Victorian era, men were always granted custody whenever a marriage dissolved, no matter what the reason and the competence of the mother to look after their child. Now, we see that women are more often than not granted custody of their children when a marriage or partnership ends, often with a harsh settlement deal for the father.
Campaigners are now trying to find a middle point between these two extremes by making the child's life easier during this time and continuing their access to both parents, unless of course there has been violence or mental damage done by one party.
A report has been published recently which criticises the court's reluctance to give custody rights to fathers over mothers, and allows a mother to move far with the child so that the father is unable to see their child. It has called this action 'state-sanctioned kidnap' because the courts do not prevent one party taking their child a long distance away from their former partner.
Forcing a child to leave one of their parents, their other relatives, friends and the school which they have grown up in causes children emotional harm, stress and damage in the long-term. Judges have sometimes seemed to totally ignore the wishes of the child and granted custody to a parent when they showed a greater wish to stay with the other parent.
If you are going through a separation at the moment and children are involved, speak to a family lawyer like Raleys Solicitors who will be able to talk through your situation and help you decide on the best course of action for you and your child.
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