what questions can i ask my divorce lawyer if i am trying to gain custody of my overseas child?

Some questions can include: “What is your experience working with divorcing people? Is divorce the main part of your practice or do you also do another kind of law? Do you have much experience with cases like mine?”

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What questions should I ask my child custody attorney?

This is an important question for two reasons. First, it will test the divorce attorney's knowledge and experience of the divorce process and divorce law. Second, it will educate you on what specifically the attorney can and will do with you to help mitigate the costs. Do not settle for a generic answer.

What are child custody rights in a divorce?

Instead, the court considers the child’s wishes and concerns as well as additional factors including: • Each parent’s wishes. • Adjustment to home, school, and community. • Child’s relationships. • Mental and physical health of all family members. • Each parent’s likelihood to honor visitation rights.

Do I need a lawyer for a child custody case?

Jan 14, 2021 · Ask your lawyer how they’ve helped clients reach an acceptable outcome when they’ve worked in similar situations in the past. This article, This is why you need a strategy for your divorce, might also help prepare you for this conversation. 2. Ask about communication.

What to ask a divorce attorney about a move away request?

Nov 11, 2018 · But, by being prepared, organized, and honest, you will be able to take advantage of your consultation. Our Orlando divorce attorneys understand the amount of stress a divorce can put on your entire family, which is why we are here to help. Arrange a thorough and confidential discussion with one of our attorneys by calling 407-426-6999.

What should a woman ask for in a divorce settlement?

There are many factors to consider, including assets, incomes, living expenses, inflation, alimony, child support, taxes, retirement plans, investments, medical expenses and health insurance costs, and child-related expenses such as education.

How do you start a conversation with a divorce lawyer?

10 things to bring to your initial consultation with a divorce...Prepare your Schedule of Assets and Debts. ... Prepare your Income and Expense Declaration. ... Prepare a list of questions you want to ask the divorce lawyer. ... Tax Returns. ... Self-employment documents. ... List out the relevant facts about your case.More items...•Feb 5, 2017

What happens when you divorce a military man?

Effect of divorce on military benefits You may retain your identification card and continue to receive your commissary, exchange and health care benefits until your divorce is final regardless of whether you meet the 20/20/20 rule.Mar 26, 2020

Can a green card be revoked upon divorce?

While divorce means the end of a marriage, it could also result in revocation of permanent residence—and even deportation from the United States. According to U.S. immigration laws, an immigrant who is part of a legitimate marriage can qualify for a green card.Nov 26, 2018

What questions should I ask my divorce solicitor?

The Best Questions To Ask A Divorce LawyerWho will be dealing with my divorce?What are the likely costs of the divorce? ... If I want to petition for divorce, what ground should I go on given that the no faults divorce has not yet come into British law?More items...

What does a divorce lawyer do?

A divorce lawyer, or divorce attorney, is a legal professional who practices family law and ensures the protection of clients' rights during legal separations, divorces and custody cases. Divorce lawyers often work for family law firms and specialize in the legal filing, division of assets and aspects of child custody.May 20, 2021

Does a military spouse keep benefits after divorce?

After divorce, the former spouse is entitled to the Continued Health Care Benefit Program (CHCBP), which is the Tricare version of “COBRA” for three years. And as long as the spouse remains unmarried and was also awarded a share of the military retirement or SBP, the former spouse may remain on CHCBP for life.

How long does a military divorce take?

An uncontested divorce could be resolved in a matter of weeks, but contested divorces often take several months and maybe years in some cases.

Does my ex wife get half my military retirement?

No, there is no Federal law that automatically entitles a former spouse to a portion of a member's military retired pay. A former spouse must have been awarded a portion of a member's military retired pay in a State court order.

How do I get a permanent green card after divorce?

To receive a permanent green card, you are required to file the I-751 Petition to Remove the Conditions of Residence. Both you and your new spouse must sign it and mail it within 90 days to the USCIS prior to the date your conditional green card is issued. However, not all marriages make it the entire two years.Jul 16, 2020

Can I be deported after divorce?

Being married to a US citizen does not automatically provide an undocumented immigrant with legal status, and filing for divorce does not prompt deportation proceedings. Although the divorce court is not permitted to contact US Immigration and Customs Enforcement (ICE), others may do so.

Can I apply for US citizenship after divorce?

A divorce will affect your eligibility to file Form N-400, Application for Naturalization, if you are filing on the basis of marriage to a U.S. citizen for three years. Even if you were married for over three years, you must continue to be married at the time of naturalization.Dec 21, 2021

What are the factors that determine custody?

Typically, child custody decisions are based on the best interest of the child. A number of factors come into play here. Most of these vary by state, but commonly include the following: 1 The quality of the child’s relationship with each parent 2 The age and health of the child and each parent 3 The emotional and developmental needs of the child 4 The home environment of each parent 5 The ability and disposition of each parent to fulfill the child’s emotional and physical needs 6 The level of the child’s involvement in his/her school and community 7 The willingness of parents to co-parent 8 Evidence of child and/or domestic abuse

What does it mean when you have legal custody of your child?

When you have legal custody of your child, you’re entitled to make decisions on behalf of your child. When you have physical custody, it means your child can live with you. A parent can have legal custody even if he/she doesn’t have physical custody. Hence, gain complete knowledge of the various custody options available to you, ...

Can a parent decide on a visitation schedule?

In some states, courts prefer having a mediation before it issues a custody order. Parents may have to inform the court about volunt ary visitations and parent ing schedules beforehand in writing. The court will have to approve it.

What are the factors that determine the best interest of a child?

Typically, child custody decisions are based on the best interest of the child. A number of factors come into play here. Most of these vary by state, but commonly include the following: The quality of the child’s relationship with each parent. The age and health of the child and each parent. The emotional and developmental needs of the child.

What is the objective of the court?

The objective of the court is to make every decision that is best or the most ideal for the child’s present and future. Each state has its own criteria for deciding what’s in the best interest of the child.

What happens if you change your child's name?

Any change in the child’s name will require a court order. If the other parent objects to the name change, you will need to prove in court that the change is in the best interest of the child. If none of the parents object, the court will permit the name change.

What is child support?

Child support is money paid to a parent with the custody to help cover the child’s expenses (food, shelter, clothes). In some states, certain set guidelines enable courts to arrive at a fair and sufficient child support amount. Other states award child support based on case facts.

What is shared parenting?

Shared parenting, in its purist form, is an arrangement in which parents make joint decisions concerning issues affecting their child. These issues include, but are not limited to, health, religion, education and, extracurricular activities. The details of specific arrangements for each family are memorialized in a document called ...

Does Ohio have a right to choose which parent to give custody of a child?

As of 1991, Ohio officially no longer recognized the right of a child to choose which parent would receive custody. However, under certain circumstance, Ohio law requires that, when making a custody determination, a Court consider the wishes and concerns of a child regarding the child’s care. The Court is not bound by the child’s wishes, regardless of that child’s age. Instead, the court considers the child’s wishes and concerns as well as additional factors including:

What is sole custody?

In fact, the term “sole custody” really pertains to decision-making. If a parent has sole custody, he or she will be responsible for making the decisions concerning the issues affecting their child. These issues include, but are not limited to, health, religion, education and, extracurricular activities Sole custody does equate to more ...

What is the goal of hiring an attorney?

For many women, the ‘goal’ of hiring an attorney may simply be “get me outta this marriage!” But honing in on what you want your life to look like after the divorce dust has settled can be a useful tool for identifying how you want to work through the process of ending your marriage.

Is it a good idea to talk to a lawyer about divorce?

If you’ve made up your mind and there’s no alternative but divorce, talking to at least a few lawyers is always a good idea. The first consultation is usually always free, so you’ve got nothing to lose. But, you can gain a lot of information during attorney interviews if you head into the conversation armed with the right questions.

Can you represent yourself in divorce?

Most states allow individuals to represent themselves in the divorce process. And, it’s more common than you think: 80 percent of divorces involve at least one party representing themselves. Lots of people go this route – which means you can, too.

Can a W-2 give you child support?

Child support is one of the few areas of law that can be clear so long as there isn't a significant dispute in the income of the parents. If you and your spouse are W-2 wage earners, there's no reason the lawyer with whom you consult cannot at least give you a range of potential child-support orders. While the timeshare and visitation schedule with the children will affect child support, the numbers can be calculated with those variations in mind.

Does California have spousal support?

Temporary spousal support in California is also governed by the same computer program that determines child support. And most family law cases that involve W-2 wage earners or income that isn't difficult to calculate can result in relatively easy temporary spousal support determinations. While the marital lifestyle and the status quo does have some relevance to the temporary spousal support order, reliance on the computer-generated programs is common and most often used by judges in standard divorce cases that don't merit a deviation.

What is sole custody?

Sole custody is when one parent has nearly all of the rights and responsibilities related to raising the child. Some states differentiate between physical and legal custody. Legal custody means the right of the parent to make decisions for the child.

What does the court consider when awarding custody?

Generally, the court will consider the best interests of the child when determining to whom and in what manner to award custody. The factors that the court looks at are usually based on a family law that specifies relevant factors or case law in which judges have stated in past cases what factors can influence their decisions.

What factors are considered in a child custody case?

The court may consider factors specific to the child, such as the child’s age, sex and development. The court may also consider how close the child’s bond is to each parent and to siblings. If the child is old enough, his or her preferences may be considered by the court.

Why is child custody so complicated?

Because custody rights involve a child’s safety and wellbeing, child custody cases can be complicated. Additionally, state laws regarding the issue vary. Child custody cases require a good working knowledge of family law as well as state law. Below, we will discuss the most common questions related to child custody that Legalmatch receives.

What is child custody?

Child custody rights refer to a set of rights given to a parent in divorces and legal separation. Child custody rights include legal custody, which includes making important legal decisions on behalf of their child, and physical custody. Physical custody deals with which parent has the legal ability to determine the primary residence of the child.

How to file for child custody?

In order to file for child custody you will need to first file a legal document asking the court to determine custody and appoint you as party with primary custody of the child. The actual name of the legal document you need to file depends on your local jurisdiction.

Can you be held in contempt of court for not following court order?

It is important that you strictly follow the Court Order regarding allowing visitation. Therefore, if a Court has determined that you have full custody, then they will have also determined the possession and access for the other biological parent. Not following the Court order may result in you being held in contempt of court.

What factors are considered when determining child support?

When determining child support payment amounts, the court will generally consider the following factors: The needs of the child; The income of the custodial parent; The non-custodial parent’s ability to make payments; and. The child’s standard of living prior to the divorce, if applicable.

Does one parent's custody affect child support?

Typically, the amount of one parent’s custody will not affect the amount of child support, so long as one parent has primary custody of the child. Therefore, unless your custody order is for split custody, where each parent has essentially 50% possession of the child, one parent will normally be ordered to pay a state guideline supported amount of child support.

What happens if you don't follow court orders?

Not following the Court order may result in you being held in contempt of court.

What to do before and after Carrie Underwood?

So before (or maybe after) you take Carrie Underwood’s advice and key the side of your spouse’s car or take a baseball bat to both headlights, it’s important to take a step back and consider the legal implications of your spouse’s cheating and the claims and issues that you may be facing. While it may seem like the end of the world, remember that the world keeps on spinning, and this too shall pass.

How do you know if you are infidelity?

The signs of infidelity may all be there: your spouse may come home smelling like perfume or you might find a receipt for a dinner for two at the most expensive restaurant in town when you know you weren’t the one being wined and dined that night!

Can you get alimony if you have a spouse who cheated?

A spouse’s infidelity can bar their claim for alimony that they may have otherwise been entitled to. It may also help your claim for alimony if it is the other spouse who has cheated. If you live in a state which considers marital misconduct such as adultery a factor in determining alimony, you need to ensure that you have the proof you need to support your claim. In some states – like South Carolina, for example – an allegation of adultery may allow you to request a divorce in less than the set waiting period (this varies from state to state, although one year is standard in most states).

What is a parenting coordinator?

A parenting coordinator is typically an attorney or therapist who acts as a neutral third party to help two parents in a high-conflict custody case resolve certain issues that they can’t reach an agreement on by themselves. 4.

Does infidelity affect divorce?

Other states don’t recognize adultery as a claim or consideration, so depending on the state, infidelity may not have an impact on your separation or divorce case. Laws vary from state to state, so it is important to know what the laws in your state say about cheating and your rights. 2. What evidence do you need to have in order to prove ...

What states have alienation of affection?

An alienation of affection claim is only available in a handful of states, including North Carolina, Hawaii, Illinois, Mississippi, New Mexico, South Dakota, and Utah. In order to pursue alienation of affection and meet the legal requirements of the claim, you must prove that genuine love and affection existed between you ...

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.

Do divorce lawyers charge by the hour?

Divorce lawyers often charge by the hour. If you take responsibility for being as organized as possible, not only are you likely to walk away from your marriage with a more acceptable outcome, you'll probably save some money too.

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.

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.