In law, a family lawyer in Clear Lake can deal with many different cases, which fall under it. This field deals with the different issues that are often related to this basic unit of society. The main point of the attorneys that practice family law in Clear Lake is to keep the peace within the unit and help the members be in harmony with each other. There is a variety of cases that get filed which fall under family law. Examples are divorce, separation, annulment, adoption, spousal abuse, child abuse and many others.
Family unions in Clear Lake are among the many cases that a lawyer may encounter in family law. The union and dissolution of people is often dealt with in this field. Prenuptial agreements are usually drafted and made by legal representatives who are very well versed in the laws that govern these unions.
These agreements usually outline the conditions of the marriage and deals with the results or outcome of the union when an end is apparent. The same family law professionals in Clear Lake who can draft and make the prenuptial agreements deal with divorce, legal separation and annulments. The many different aspects of the dissolution of the union are also part of the responsibility of the attorney. These include dependents such as children and pets, properties and assets as well as others. There has to be an agreement between both parties regarding the many different matters that often come up when partners in Clear Lake dissolve their union or partnership.
If there is no agreement, both parties may need to go court and be heard by a judge. The lawyer usually represents his client in the meetings for the amicable dissolution of the union as well as the hearings that will follow if there is no agreement reached. It is important that the client outline his or her preferences to the family attorney in Clear Lake before attending any meetings in which the terms of the dissolution will be discussed. This is so that there is already a clear understanding between the attorney and the client as to what the goals of the meetings are.
Child Custody Lawyers Facilitate Parents Desire for Custody
Divorce is an emotional, stressful ordeal for a couple to endure, and the presence of children in the marriage makes the process even more difficult. One of the first decisions that will have to be made in the event of a separation or divorce is which home the kids will spend most of their time in. There are no easy answers to this question, but parents who cannot come to an agreement may have the custody battle settled in court.
There are many factors that may go into determining which home will serve the best interests of the children, which is why it is important to have the help of a child custody lawyer who can ensure the process will continue smoothly and fairly. It is important that each parent works with an individual attorney who will protect that person's rights. Sometimes, the children even need to have their own attorney involved to make sure their best interests are taken into consideration.
Difference between Legal and Physical Custody
The matter of child custody is further complicated by the fact that there are different types of custody to take into consideration. Physical custody is generally given to the parent the child will be living with most of the time, since this is the person who will be physically with the child the most. Legal custody entails the decisions that go into raising the child, and may include decisions about health care, education and religion. In some cases, one parent may have primary physical custody while both parents equally share legal custody. A child custody lawyer will be able to help parents determine the best interests of the child in both of these areas.
Joint and Split Custody
Two types of child custody settlements that are not recommended as often are joint custody, where both parents share equally in the physical custody, and split custody, which entails splitting up siblings so each parent can have a child full time. The courts generally do not like either one of these arrangements typically, since most psychologists will agree that either of the situations will be stressful for the child. The rare occasions where joint custody is awarded will usually involve two parents who have proven they can work well together for the sake of their children. If one of these situations actually appears to be the best solution, a child custody lawyer can ensure that this agreement is properly carried out.
In most cases, the courts would prefer that parents reach their own agreement on child custody. This can be done with the assistance of child custody lawyers assigned to each party, and a mediator if necessary. If parents cannot reach an agreement, the courts will be forced to decide how custody will be awarded. Many factors will go into this decision, such as a child's preference if he is old enough to say, best interests of the child and the child's primary caregiver. A child custody lawyer working for each party will ensure the decision is fair and that the rights of both parents and the children are protected throughout the process.
Family Law - Finding a Good Lawyer
Mediation is the process in which parties attempt to settle and resolve disputes, divide property, and determine child custody issues using a Rhode Island Mediator.
The purpose of the mediation process is an attempt to curtail a long, contentious and expensive court battle in Rhode Island Family Court. A mediator is a neutral third party who seeks to facilitate a settlement or compromise rather than decide the case. Rhode Island Family Court Judges decide Cases. Rhode Island Divorce Lawyers advocate for their clients best interest and seek to get their client the best disposition possible.
Mediators are neutral and attempt to facilitate an agreement between the parties. A mediator is similar to a referee. A mediator seeks to facilitate creative solutions to problems, disputes and feuds. Mediation occurs in a Lawyers conference room not a courtroom and should be less stressful than a contested divorce or child custody battle.
Mediation should be less expensive than a litigated RI divorce. Mediation allows you to resolve your Divorce, Child Custody Dispute or Family Law Case on your schedule not the Courts schedule. Mediation is usually a lot less time consuming then a contested divorce. Mediation allows you to Come to a mutually agreed upon result rather than having a disposition forced upon you.
Mediation sessions could also occur in the middle of a RI Contested Divorce in which both parties have Rhode Island Divorce or Family Court Case or Family Lawyers representing them. The parties can meet with the mediator in the middle of the divorce and seek to obtain a compromise that the Lawyers / Attorneys were unable to achieve. In some divorce cases, it becomes increasingly obvious that it is the attorneys who are battling more than the clients and it is the attorneys who appear to need a "divorce".
The Rhode Island divorce process can be destructive to the children and the parties.
A contested divorce may involve endless posturing between the parties and attorneys in Family Court. There is often bickering and petty disputes that occurs in Providence, Kent, Washington and Newport Family Court. There is often endless waiting for a court hearing or trial that may never happen. There is often endless court dates, and nonstop continuances. The Divorce process can be a long, drawn out battle involving a massive amount of legal fees, countless court appearances and incredible amounts of stress.
Mediation allows the parties to skip the expensive and often stressful process of competing attorneys posturing to get leverage. Mediation is a way to avoid endless court appearances, endless continuances, waiting in Court
The Sad reality is that often the parties could have come up with the same resolution of their disputes at the beginning of the case through the mediation process without the huge combined legal bill, without the missed days of work and without the stress.
The Mediation Process can help parents learn how to co-parent and come up with a visitation schedule or custody plan on their own terms.
Many parties should at least try mediation as a way to attempt to settle their divorce on their own terms. Mediation allows parties to be invested in resolving their disputes rather than allowing the judge to make the decision.
Divorce is usually not a "win- loss" process. Rhode Island is an equitable division of assets state Therefore, no one usually completely "wins" in a Rhode Island divorce. A mediator can help the parties come to an equitable division of the Real Estate, Pensions, 401k, boats, cars, businesses, property, cd's, marital debts.
-Stop the Madness,
- End the "divorce war",
-Curtail out of control legal fees,
-Divorce with Dignity,
-Protect your Children from the adverse consequences of a contested divorce,
- Become invested in the process,
-At least attempt an amicable settlement before the Divorce battle begins.
If the parties cannot agree and are not willing to make at least some concessions to their positions / claims then mediation will probably not work. If the mediation is successful then Rhode Island Mediator David Slepkow will draft a memorandum of understanding or a Parenting plan.
Attorneys legal Notice per RI Rules of Professional Responsibility:
The Rhode Island Supreme Court licenses all lawyers in the general practice of law, but does not license or certify any lawyer or attorney as an expert or specialist in any field of practice.