when ine parent has a lawyer and the other doesn't

by Joy Becker 6 min read

Do I need an attorney to get custody of my child?

When one parent is difficult and does not bring the child back at the designated time specified in orders or the parenting plan, the other parent has a few options that start with communicating with the mother or father and end with the courts. These situations can happen often when one person does not respect the other, and it is important to ...

Can the other parent interfere in a post-divorce relationship?

Aug 27, 2019 · Divorce attorneys can’t represent both spouses in a divorce. If your spouse asks you to split the legal bill, don’t do it. An attorney hired by your spouse can’t serve your interests too. Under limited circumstances, a couple can use one attorney to resolve their divorce. Specifically, couples who’ve already resolved their asset, debt ...

What to do if the other parent is keeping the child?

Nov 23, 2015 · If you have concerns regarding child support or require legal assistance in other areas of Family Law you may always contact Damien McKinney of The McKinney Law Group to discuss your case further. He can be reached by phone at 813-428-3400 or by e-mail at contact@themckinneylawgroup.com .

Is one parent thwarting the other parent’s time?

Aug 26, 2015 · August 26, 2015. Co-parenting, viewed by therapists and family law professionals as the gold standard for post-divorce parenting, works when both parents are willing and able to set aside their personal grievances and support their child’s relationship with the other parent. To do this, both parents need to be able to communicate calmly, follow the conditions of the …

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What if a parent does not comply with the order?

A court order is legally binding. Failure to comply with the court order amounts to contempt of court and a person can, as a last resort, be committed to prison for contempt. A parent cannot be held in contempt though simply for failing to take up the contact given.Apr 30, 2020

What are the 12 best interest factors child custody?

Child Custody and The 12 Best Interest FactorsPermanence of the family home. ... Moral fitness of the parties. ... Parents health. ... Successful schooling. ... Preference of the child. ... Parent facilitates and encourages a close and continuing parent-child relationship with other parent. ... Domestic violence. ... Court determined relevant factor.More items...•Nov 22, 2013

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

How do you deal with an uncooperative parent?

How To Handle An Uncooperative Co-ParentPreemptively Address Issues. ... Set Emotional Boundaries. ... Let Go of What You Can't Control. ... Use Non-Combative Language. ... Stick to Your Commitments. ... Know Their Triggers. ... Encourage a Healthy Relationship with the Kids. ... Avoid Direct Contact with the Uncooperative Co-Parent.More items...•May 3, 2019

How much time should a father spend with his child?

A father should spend at least an hour each day with his children, not only talking but just being there. Many mothers do not understand their role either. Children learn about love, caring and trust from their mothers. They learn to care and share from their mother's attention, caresses and caring.Nov 13, 2011

What is a judge looking for in a custody case?

The child's age, gender, characteristics and background will all be a factor in the decision process. The judge or magistrate will want to ensure that the child is safe from any possible harm and the parent has the ability to meet the child's needs.

How do you expose a narcissist in custody?

Getting a narcissist to reveal themselves in court may be as easy as allowing them to talk about what a great parent they are to their children. Let them talk about how they spend time with the children doing homework, taking them to practice, and riding bicycles.Apr 20, 2021

How do you prove a narcissist in court?

Key Takeaway About Beating a Narcissist in Family CourtDocument everything with facts, dates, and copies of any communications.If other people witnessed your spouse's behavior, tell your lawyer immediately.Remain calm during each court appearance or meeting involving your spouse.More items...•Mar 16, 2021

What kind of questions do you ask a narcissist in child custody?

Examples of Questions an Attorney Might Ask a Narcissist During a Custody ProceedingHow many children do you have with (former spouse or partner's name)?Do you want to be in your children's lives?Since you want shared custody, what will that mean to everyone involved?Sep 26, 2019

How do you Coparent with a toxic ex?

7 Tips for Healthy Co-Parenting When a Toxic Ex Is InvolvedAvoid speaking negatively about the other parent to the child. ... Identify what Is most important to you as a parent. ... Support communication between your child and ex-spouse. ... Consider the other parent when making decisions about your child.More items...•Aug 10, 2016

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

What happens when one parent undermines the other?

Effects of parents undermining each other Children tend to learn more from what they see than from what they're told. Some effects undermining your partner could have on your child: learning that being honest with someone in a relationship isn't important.Feb 28, 2022

What is the best way to get divorced?

Mediation involves a neutral attorney who helps couples reach an agreement in a divorce. The mediator doesn’t represent either spouse and can’t give legal advice. Instead, mediators help couples identify the issues that need to be resolved and create an agreement that comports with the law.

Can a divorce lawyer represent you?

But, the spouse who hires or “retains” the lawyer is the lawyer’s client. If you are the unrepresented spouse, be aware that the lawyer preparing the divorce agreement doesn’t represent you and cannot give you legal advice. One attorney may be enough for couples with simple divorces, but make sure you understand your legal rights if you’re ...

How to Calculate Child Support when One Parent is Unemployed

Many clients wonder how child support is calculated when one parent is unemployed. Often times, the non-working party may believe that because of his or her unemployment he or she may be awarded a higher amount in child support to stay home and care for the minor children. However, according to Florida Courts, that is not always the case.

If one parent is currently out of a job, child support becomes a difficult to allocate

Many clients wonder how child support is calculated when one parent is unemployed. Often times, the non-working party may believe that because of his or her unemployment he or she may be awarded a higher amount in child support to stay home and care for the minor children. However, according to Florida Courts, that is not always the case.

What happens if a non-custodial parent doesn't pay child support?

Myth #7: If the non-custodial parent doesn’t pay child support, the custodial parent loses their custody rights. This isn’t true, as it is entirely up to the court to decide how much the non-custodial parent must pay in order for them to have equal custody rights (or any at all).

What to do if you are late to court?

If you’re late, don’t show up, or don’t let your ex know where/when/for how long your taking the kids then there’s going to be an issue.

How to win custody battle?

How to Fight and Win a Custody Battle. The first and most important thing to do if you’re going through a child custody battle with your ex is knowing why you’re fighting for custody in the first place. There are a lot of people out there who want , or need, to win their child custody cases, but don’t know exactly what they’re fighting for.

Is court case stressful?

Court cases are very stressful to children (even though they have no idea what’s going on) and too much stress can lead to many child hood issues like depression, anxiety or even delinquency later in life. Myth #2: The best parent is the one with custody. Again, not always true.

What is a parenting plan?

A parenting plan is key to keeping some level of consistency in your child's life. Don't leave its terms open to interpretation. The Custody X Change app takes you through each step of creating a plan to spell out your terms in airtight legal language that protects against any possible violations.

What is custody x change?

Custody X Change is software that creates professional parenting plan documents and parenting schedules. Yes, Yes, Make My Schedule and Plan Now.

What is a preemptive strike?

It's best to have a plan in place to protect you and your child in case the other parent starts tossing wrenches into your post-divorce relationship.

John Carl Hoelle

I agree with the prior answers that absent a court order neither parent has a superior right to a child. I would add that when or if either party files a custody petition, an "automatic injunction" is triggered and prohibits either party from leaving the state without consent of the other parent, under penalty of contempt...

Christopher Daniel Leroi

Hire a family law attorney as soon as possible and get them to immediately assist you in obtaining access and parenting time to your child. Otherwise, it is a free for all.

Stephen Clark Harkess

Who "told" you that it is "like" an abduction? What does that even mean?#N#So long as no one goes to court to actually get real custody orders, either parent can go anywhere they want with their child and tell or not tell anyone else anything about the child. The parent is under no legal requirement to tell anyone else...

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 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 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.”

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.

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