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.
Child Custody Lawyers Facilitate Parents Desire for Custody
The divorce process varies from state to state. However, what doesn't vary is that divorce can be very, very expensive. There are a number of reasons for this but the primary reason seems to be emotions. Emotions get us to do stupid things like paying $5000 to fight over something worth $500. Its not until the dust settles do we realize how stupid we were. While lawyers are supposed to protect you, it may be in their best interests to fan the flames of the case which will only run up your bill. Luckily, divorce mediation provides an alternative to a traditional divorce and all the headaches it can bring.
Fighting a traditional divorce case will likely require each party to hire a lawyer and pay a retainer which could start at $5000. Going through the divorce case could take years to resolve. As a result, your final bill could be tens of thousands of dollars. However, when it comes to divorce mediation, there is only one person to hire, the divorce mediator. The initial retainer will likely be less than just one attorney, let alone the two that you would have to hire. This is because a typical divorce mediation could be settled in as little as ten hours. Thus, even at $400 an hour (some rates may be much lower), the total cost to the both of you is only $4,000. This equates to a 90% cost savings or more.
If you submit your case to the court either via a motion or trial, it will be the judge who determines the outcome of your case. On the other hand, the mediator does not dictate how your case will settle. Instead, the mediator will help the both of you make all of your own decisions. When deciding if mediation is a good idea, ask yourself this: "do you really want a stranger who knows nothing about you and your family dictating your family's future?". Of course, you can back out of the divorce mediation at any time since it is voluntary. Thus, you shouldn't view it as an either-or approach. Instead, its an alternative you can try and if it doesn't work, you can still fall back on the traditional approach.
Mediation allows you to work out your divorce issues, in a private, confidential and informal atmosphere. No court appearances are required until you settle your case. You can still use a lawyer before, during or after the divorce mediation as well. Before the mediation, a lawyer can help you get some ideas about what positions you should take and how a judge may decide the case. During the mediation, a lawyer can give you some ideas on how to negotiate and what deals are good. After the mediation, a lawyer can review the settlement to make sure that it is fair and equitable.
When you work together to come up with an agreement, you can both maintain a good relationship. Since you did this together and no one forced it upon you, there won't be that bad blood that can last for years after divorce. No one screwed over the other and no one pulled a fast one. You did this together. This is especially important if you have children since no matter what happens, you will be in each other's lives forever. Thus, divorce mediation is an option worth exploring for many reasons.
Divorce Mediation As an Alternative to Traditional Divorce Litigation
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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