Child Custody: Being Mindful of the Kids

One can't particularly expect that the process of a divorce, and figuring out child custody, is going to be an easy one for the kids to deal with. The children in a divorce have to essentially re-learn how to live their lives with just one parent or dividing their time between both. This may mean moving and switching schools or even adjusting to a new step-parent as well; it's particularly difficult for adolescents and teenagers. It's important to be as aware and considerate of your children's feelings as possible during the process.

Settle the issue of child custody and/or visitation as fairly as possible by seeing an experienced lawyer such as Marshall Davis Brown, Jr. Your lawyer will help to ensure that

The most important thing is ensuring that your child has a place to express his or her feelings. Encourage them to talk to you, but keep in mind that you might not bet the person they want to talk to. If necessary, have them see a therapist, or simply buy them a journal to help them get their thoughts out on paper.

No matter how much bad blood there may be between you and your ex-spouse, never let your children see it. Never fight in front of the kids, and most importantly, never use your kids as weapons in the divorce. Do not threaten your spouse by saying that he or she cannot see the children, and if you have an issue about the spouse's contributions to the children's lives, speak to them about it privately. You can change your marriage, but the kids can't change who their parents are, so do not try to turn them against their mother or father.

Most importantly, take note of other aspects of your children's lives. Ensure that their grades are staying high, that they're maintaining an interest in sports, that they're keeping friends, et cetera. Slacking in certain areas could be signs of depression, and it's important now more than ever to pay mind to this potential.

The Benefits of Co-Mediation in Divorce

The word 'divorce' invokes a lot of hostile thoughts. Most who have never gone through it assume that the process is a long and trying one, and they think that the courtroom is essentially a war zone. But thanks to co-mediation, it doesn't necessarily have to be that way.

Co-mediation in a divorce is one way that couples can find relief from the stress of the process. Instead of battling against one another to see who can walk away with the majority of the assets, the couple can instead choose to hire a mediator, like Marshall Davis Brown of TX, and go about the situation amicably. Mediators are skilled in sitting a couple down and discussing all the important issues of divorce such as assets, finances, child custody, et cetera.

The reason co-mediation works so well is because it relieves the situation of animosity and nurtures an environment in which the couple can discuss things neutrally. Rather than focusing on emotions, it tends to focus on the facts and making sure that the outcome of the divorce is as fair as possible.

Mediation is used, generally, prior to the couple ever entering a courtroom. This way, when the case finally comes before a judge, the majority of the stipulations have already been agreed upon and it is mostly paperwork that needs to be addressed. This makes the trial quicker, more painless, and less expensive.

The difference between mediation and co-mediation is that in co-mediation, there are two mediators who work together as opposed to one. This is to prevent either party from feeling as though the mediator is biased and that their side is being heard. It also helps in strategizing when it comes to reaching a compromise, as it helps to have more brainpower and creativity for coming up with a conclusion that makes everyone happy.

In many situations, the couple will find that having both a male and female mediator present helps all issues to get resolved fairly and efficiently. However, it's simply important that each party feels that their views are fairly represented to minimize conflict and move the process along more quickly.

Child Custody Modification and Parental Rights

When a child custody agreement is set in place, the court does so with the full knowledge that the situation could change. Perhaps the child's mother got a job with new hours and can no longer commit to weekend visitations, or the child signed up for a program on the nights that the father is supposed to pick him up. It's because of the dynamic nature of parenting that each party has rights to modify the custody agreement.

Child custody agreements are reached based on what the court decides is best for the interest of the child. There are many circumstances in which it would be perfectly acceptable to propose a modification to the custody order. It's simply important for parents to keep in mind the fact that the process always goes more easily when the former spouses can reach an agreement between themselves before getting the court involved. When both parties support the idea of the changes, it's a mere matter of filling out paperwork.

However, there are always cases in which there is bad blood between ex-spouses, and they may not be able to reach an agreement between themselves. It is in these cases – most commonly, the ones in which the proposed change will greatly affect the current situation – that the parents should prepare to go to court. There are many family lawyers, such as Marshall Davis Brown, that can help walk either party through the process and advise them about how to reach a compromise in their favor, but there are a few good things to know beforehand.

The parent who is proposing the changes must be able to prove that the new situation will be most beneficial to the child. This may involve proving that the current situation is detrimental to the child's lifestyle. This could be done through showing that the parent with less custody is already the main provider for the child, or by showing that the other parent is unfit to have custody. There is also the option to get an emergency modification if the child appears to be in danger in the current situation. In any case, modification should only be done when it's in the best interest in the child; though it's an emotional matter to have to surrender as much custody as you would like, it's important to be selfless in the decision.

Five Ways to Establish Paternity in Texas

As a mother, officially determining the paternity of a child is the first step in enforcing the father's legal obligations to a child which may include child support as well as other legal rights and restrictions. For a father, legal proof of paternity must be obtained in order to begin to pursue custody and visitation rights. There are a few ways law offices go about proving paternity.

Acknowledgement of Paternity

This is a voluntary process in which the [unwed] father is recognized as the biological father when both he and the mother acknowledge the fact and a Paternity Acknowledgement is signed at the hospital where and when the child has been delivered. 

Assumed Paternity

Each state sets specifications for assumed paternity – if they are met, a man is automatically assumed to be the father. In most cases, these include that if the child is conceived while the presumed father and mother are married and living in the same household, and the man is not infertile at this time, he is considered to be the father. Bear in mind that since there have been cases where these circumstances have not been correct, there are ways to rebut this ruling.

Default Establishment

In certain states, a man can be considered as the father by default it he fails to meet certain legal obligations. For example, if he was informed of and scheduled for a paternity test, and fails to show, he may be deemed the father by default.

Judicial Establishment

When an alleged father denies his paternity to a child, or if a mother denies a man's paternity who believes he is the father of the child, the judicial process is called into action. In this case, the court determines whether or not a man is the father, and whatever the outcome will determine whether the father gets custody, must supply monetary support, can have visitation rights, et cetera. In a case like this, it's a good idea to have an experienced lawyer, such as Marshall Davis Brown Jr, represent you in court so the true outcome and requirements are reflective of the actuality of the situation.