how can i tell if my ex husband has a lawyer or not for custody

What to do if your ex has no attorney in court?

Mar 03, 2009 · From my perspective, "no". The reason being that its ambiguous and in the emotional storm of a divorce, it can even be taken as a harassment. Although I don't see any harassment here. If you have a lawyer then the other party's lawyer is barred from direct contact with you about the case. The first question the lawyer should ask you is: "I am ...

How can I get custody of my child back from my Ex?

Nov 01, 2013 · Custody is not the issue. The issue is the amount of residential time. Depending on a list of criteria the court must consider, one of you will get the majority of time unless you both agree to a 50/50 plan. If this con is living with her, that is one consideration. If she's just dating him, you can ask the court to order her not to have him ...

What should I tell my divorce attorney about my affair?

Jun 09, 2020 · 1. An order for child support is nothing but a promise on a piece of paper. Regardless of what you hear about fathers going to jail for non-payment, that rarely happens. When it comes to enforcing that child support order …

Do I have to tell my attorney everything about my marriage?

Jan 04, 2019 · 12. That the divorce process should never be used for vengeance. One of the secrets that your divorce lawyer might not want you to know is that divorce proceedings are not used punitively. Sometimes, parties want to stick it to their soon to be ex-spouse as recompense for something they did.

Do I have to tell my ex I have a lawyer?

Not necessarily. Unless her attorney has filed a formal notice of appearance with the court, her attorney can assist her and remain in the background. This is the case when an attorney is hired on limited basis such as helping with...

What is malicious parent syndrome?

"Malicious parent syndrome" is when one parent seeks to punish the other parent by talking poorly about them and/or doing things to place the parent in a bad light, particularly in the eyes of their children.Aug 17, 2020

Can my ex fight for custody?

If sole custody is not in his or her best interest, you will have to do your best to work with your ex in a joint custody arrangement. If you file for full custody of your child, you will likely face a legal fight from your ex. It is possible you will have to hire an attorney and engage in legal battle.Aug 21, 2019

Who has the most rights over a child?

Many people assume that mothers have greater child custody rights than fathers. However, the fact is that no custody laws in the U.S. give mothers a preference or additional rights to custody of their children.

How do you tell if a parent is manipulating a child?

What are the Signs of a Manipulative Parent?Bad-mouthing the other parent in front of the kids.Enlisting the children to send messages or requests to the other parent.Lying to the kids to make the other parent look bad.Allowing family members and friends to trash talk the other parent in front of the kids.More items...•Jul 8, 2021

What are the 17 signs of parental alienation?

The 17 primary parental alienation strategies fall into five general categories: (1) poisonous messages to the child about the targeted parent in which he or she is portrayed as unloving, unsafe, and unavailable; (2) limiting contact and communication between the child and the targeted parent; (3) erasing and replacing ...

How a mother can lose a custody battle?

A mother who is proven to have physically and or psychologically abused her children is highly likely to lose custody of her children. Examples of physical abuse include hitting, kicking, scratching, biting, burning, physical torture, sexual abuse, or any other type of injury inflicted on the child by the mother.

How do you win a custody battle against a narcissist?

How Do You Win a Custody Case Against a Narcissist? Follow These 9 Steps#1 Remember That You Are Dealing With a Narcissist. ... #2 Take Note of Everything That Happens. ... #3 Stop or Limit Communication. ... #4 Contact Law Enforcement. ... #6 Ensure Your Physical Safety. ... #8 Continue Being Dependable. ... #9 Secure the Right Attorney. ... Stay Calm.More items...•Mar 16, 2021

What do you do when your ex keeps your child from you?

If your ex takes your child or keeps them when they are not supposed to, you should:Call the police.Contact a family law attorney.Contact the National Center for Missing and Exploited Children.File criminal charges against the other parent.Have your attorney file a complaint in the family court.More items...•Jun 22, 2020

What rights does my ex partner have over your child?

Your partner cannot legally stop you from having access to your child unless continued access will be of detriment to your child's welfare. Until a court order is arranged, one parent may attempt to prevent a relationship with the other. If this happens, your main priority should be the welfare of your child.

What rights does a father have if he is on the birth certificate?

When named on the birth certificate, the father acquires rights in respect of the child. These rights are known as parental responsibility. If the father's name is missing from the birth certificate, the father will not automatically acquire parental responsibility.Jun 17, 2021

What are my rights as a mother?

Mothers do have legal rights in the family courts but they also have responsibilities as a parent such as providing a home for their children, to protect and maintain them, as well as disciplining the child, ensuring they are educated, agreeing to necessary medical treatment, naming the child and looking after a ...

How to determine how not to behave during custody battle?

To determine how not to behave during your custody battle, it is helpful to review the criteria used by the judge (“court”) to determine appropriate placement of the children. The court is charged with the responsibility of evaluating the situation to determine what placement and parenting time is in the child’s best interest.

What to expect from your mother during custody battle?

In particular, expect your children’s mother to point out all negative behavior during your custody battle. If you behave as though the judge were standing next to you each time you interact with the children or their mother, you will certainly avoid the pitfalls that will reduce your custody chances.

Why is divorce so hard for kids?

Divorce is a difficult time for children. It is hard for them to grasp the idea that their parents’ love for each other can simply end. Things are even more difficult when it becomes clear that the love transferred to a person that is not the child’s mother.

What happens during difficult times?

These difficult times often cause a person to act or react irrationally and in ways that detrimentally affect his or her case. You should be aware prior to court proceedings that the court will evaluate your behavior in its entirety throughout the proceedings and always behave accordingly.

Is it a crime to make physical contact with another person?

Making physical contact with another person in a harmful or offensive manner is a crime. Some states call that crime “battery” others refer to it as “assault.” Whatever the term, it is criminal.

What does it mean when you yell at your wife?

When you yell at your wife or your children it often gives the appearance that you are being abusive or bullying them.

Do you expect friends to talk to both parties?

Keep in mind that your friends now are likely friends that were shared by both parties at one time . You should expect friends to still talk to both parties. Assume comments you make will get back to your wife.

What to discuss with a divorce attorney?

You will want to discuss sole or joint custody of the children, standard visitation or shared custody of your children, who is likely to be responsible for paying child support, how much that might be, whether your spouse is eligible for spousal maintenance, and the division of your community estate. Make certain you share with your attorney any facts that might favor you getting a larger share of the community estate, such as higher income earned by your spouse, health issues, disability, separate property of both spouses, and whether there has been spousal abuse.

How to share facts with divorce lawyer?

It’s important to share all relevant facts with your divorce attorney so he or she can prepare for and deal with potential problems. Even if you think a particular fact is irrelevant to your divorce, make certain to mention it to your attorney so he or she can decide whether the item could create a problem down the road. You don’t need to tell your attorney everything about your marriage and children, but make certain to share all items relevant to the issues of your case. If you are in doubt about what your attorney needs to know, get guidance on what’s relevant.

Where is Harry Munsinger?

He has over twenty years experience resolving disputes involving divorce, probate, wills, and trusts. Harry was an adjunct law professor at the University of Texas and St. Mary’s University. He has published several textbooks and over forty psychological and legal articles. Harry has been a forensic psychology expert, a licensed psychologist and a litigator.

Why is it so hard to be honest in divorce?

It’s difficult to be totally honest because the issues are personal and can be embarrassing. Even when you know conversations with your attorney are confidential, some things make you feel ashamed so you are reluctant to be totally open about ...

What is collaborative divorce?

A collaborative divorce is a cooperative process where an experienced team guides you through your divorce with minimal stress and expense. Litigation is an adversarial approach to divorce and involves going to court, presenting evidence, ...

How to reconcile a marriage?

Making a marriage work can be challenging, especially when one spouse is considering divorce. It takes time and effort to rebuilt a relationship, but if both spouses are committed to making the marriage work, reconciliation is possible. 1.

Can you bring a friend to a divorce meeting?

Bringing a friend to the meetings with your attorney may destroy attorney-client privilege. Being in a hurry will put you at a disadvantage and may increase the cost of your divorce. Never say never, because you will likely have to change your mind during the course of the divorce process.

1 attorney answer

Is it common? From my perspective, "no". The reason being that its ambiguous and in the emotional storm of a divorce, it can even be taken as a harassment. Although I don't see any harassment here.#N#If you have a lawyer then the other party's lawyer is barred from direct contact with...

Michael John Harrington

Is it common? From my perspective, "no". The reason being that its ambiguous and in the emotional storm of a divorce, it can even be taken as a harassment. Although I don't see any harassment here.#N#If you have a lawyer then the other party's lawyer is barred from direct contact with...

What to do if you can't come to an agreement with your spouse?

If you find yourself unable to come to an agreement with your spouse and you do have to schedule a court date be wary of these hallway settlements. You hire a lawyer to protect your interests but you have to put pro-active energy into making sure those interests are truly protected. 3. Judges don’t enforce court orders.

Why do judges not report each other?

1. Lawyers and judges cover for each other. Most judges and lawyers will not report each other for misconduct or violations of judicial ethics. Judges especially can get away with bad behavior because lawyers don’t want to get on a judge’s bad side.

What are the rules of divorce?

Divorce is a civil action, and every state has rules of civil procedure. What you don’t hear about but, have probably fallen victim to, are the unwritten family court rules. These “unwritten rules,” are the rules that define how judges and lawyers conduct themselves with each other. These unwritten rules, the rules that define what goes on ...

What is child support order?

1. An order for child support is nothing but a promise on a piece of paper. Regardless of what you hear about fathers going to jail for non-payment, that rarely happens. When it comes to enforcing that child support order don’t expect much help for your local Family Court Judge. 2.

Why are judicial orders not enforced?

Judges have the power to enforce awards but are typically reluctant to force men to honor their support obligations to their families because, under the law, men who don’t’ comply would have to be jailed, and judges are often highly reluctant to jail a deadbeat dad.”

How to choose a divorce attorney?

There are several things to look for when choosing a divorce attorney. You want to choose someone who is experienced, respected, competent, and affordable. If they are proving to not be a good fit though, change them. Because you can, even if the reason is that you don't get on with him or her. Bear in mind however that if an attorney has worked on your case, you'll have to pay her/him for their time. Also, it might damage your case to change attorney's when you are close to a court ordered deadline, so only do it after careful consideration.

What does it mean to be uncontested in divorce?

An uncontested divorce means that you and your spouse agree child custody, spousal support, child support, visitation, and division of property. If you find that there is no need to fight over these things, you've already saved yourself thousands of dollars.

What is fault based divorce?

Fault-based divorce is when one spouse committed an act that gives legal justification to the ending of the marriage. These acts include adultery, a felony conviction, cruelty, or desertion.

How much does a divorce cost?

Contested divorces cost anywhere from $15,000 to $30,000, though there are plenty of ways to limit the staunch the outward flow of cash before and during the process.

How to start a divorce?

One of the best and simplest ways to do that is to start a divorce file. In this file, keep every bit of paper that could have an effect on how your divorce proceedings. Gather copies of all important financial documents and access to all account information. Keep it organized and easy to navigate.

Is divorce law firm bigger than solo practice?

In any industry, the larger a company is, the bigger volume it's doing. Divorce law firms are no different, prompting many people to seek a solo practitioner who is more invested in the outcome of your case. Paradoxically, however, if the solo practitioner does not have adequate support staff in his or her office, your case may end up not getting the attention and care you were promised.

What is mediation in divorce?

Mediation is a process whereby you and your spouse sit down with a neutral third party to negotiate several important areas of divorce. It's a low-cost way to address practically any other disagreement you and your spouse may have. While the mediator's decision is not binding, it allows a neutral party to provide their perspective on how divorce related issues should be addressed. However, mediation can only be a useful tool if you and your spouse can come to an broad agreement.

What does "based on his own opinion" mean?

"Based on his own opinion?" How about based on the fact that your fiance is a felon -- a proven drug dealer who has no respect for the law or the expectations of society. Dad has a legitimate concern and strong argument.#N#There are ways to deal with this.

Can my ex bring me to court?

Your ex has legitimate concerns. However, if your fiance has never proved a danger to your children, then that is the argument to be made BY YOUR ATTORNEY when your ex brings you to court. If you are in court, do not attempt to handle this without legal representation.

Disclose All Relevant information.

Provide A Written History of Your Marriage.

• It’s helpful for your attorney to have a written statement outlining the important facts in your marriage, including how you met your spouse, when you married, the names and ages of your children, your education, where you work, critical events in your marriage, what you think caused the divorce, and who wants the divorce. A good way to organize th...

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