why my lawyer pushing for custody agreement

If your attorney is pushing you into a settlement that you don’t feel is adequate, you may feel frustrated. Your lawyer works for you, not the other way around. If you feel a settlement is inadequate and your current attorney won’t or can’t give you a satisfactory explanation as to why you should accept this low settlement, get a second opinion.

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Why hire an attorney for a child custody case?

It is generally better to try to work out situations with your ex, or to involve a counselor or mediator before going back to the courts to amend the custody agreement. However, if you think your ex's behavior is severe enough to threaten the best interests of …

How does a court decide on a custody agreement?

If the other parent has requested sole custody, it’s important that you speak to an attorney to learn about your rights and obligations. The attorneys at Moskowitz & Moskowitz, LLC are experienced with Ohio child custody issues and can assist clients in navigating the sometimes confusing aspects of custody, as well as all other aspects of family law.

What happens if there is no custody agreement between parents?

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. Courts also look at the lifestyle of each parent to determine which ...

What happens when a father gives up the fight for custody?

It can be hard to handle the emotional stress of a separation, especially when child custody is involved. The legal aspects often intertwine with the personal issues that led to the end of the relationship, and arguments over child custody only complicate the situation further. Even though custody of a child can involve strong emotions and convictions, it’s important to keep in mind …

What is malicious parent syndrome?

In malicious parent syndrome, one parent attempts to punish the other parent and can even go too far to harm or deprive their children of the other parent by placing the other parent in a bad light.

Do I have a right to know who is around my child?

Do I have the right to know where my child is during visitation? Yes — if you have a custody order specifying that parents must disclose the child's whereabouts during their visitation time. It's a violation of the order if a parent refuses to reveal the child's location.

What can be used against you in a custody battle?

The Reigning King of What Can Be Used Against You in a Custody Battle: Verbal or Physical Altercations. We wanted to start with the most simple pitfall to avoid: When tempers get high, it's quite alluring to get into a verbal sparring match with your ex-spouse.

Can my ex stop my child meeting my new partner?

I'm often asked if there is a way for a parent to stop their child spending time with the other parent's new partner. The short answer is no. Both parents have parental responsibility and they are able to exercise that responsibility in whatever way they see fit.

Why is it important to speak to an attorney about custody issues?

If you are in the midst of a divorce or issues concerning the custody of your child have arisen, it is important to speak to an attorney to ensure that your rights as a parent are protected.

What to do if your child threatens custody?

If the other parent threatens your right to custody or time with your child, the most important thing you can do is to think before you react. Avoid doing anything rash that could lead someone to question your actions. Seek legal counsel immediately to learn about your ...

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 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 ...

How does shared parenting work?

Shared parenting can be either by agreement or, if requested by a party, by order of the Court. However, prior to making such an order, the Court must first determine if shared parenting is in the best interest of the children. In doing so, the court considers many factors including, but not limited to, the ability of the parents to cooperate and make joint decisions; the ability of each parent to encourage the sharing of love, affection and contact with the other parent; any history of, or potential for, abuse; and the proximity of the parents to each other.

What are the factors that the court considers when deciding a child's wishes?

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.

Can you change custody of a child?

Yes, changing an existing custody arrangement is possible. These arrangements can be modified at any time by agreement. However, if one party does not agree, modifications are more difficult. Depending on the type of custody arrangement, a parent seeking to modify custody may first have to establish that there has been a change of circumstances since the last order. It will also be necessary, regardless of the type of custody arrangement, to show that a modification is in the best interest of the child. If this becomes necessary, you should seek the guidance of an attorney, just as you did when the initial arrangement was created.

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.

How to decide custody of a child?

Some states require parents to attend mediation before a court will hear the case. Through mediation or private conversations , the parents may be able to reach a decision regarding such issues as child custody, visitation and child support. The judge may give greater deference to agreements reached by the parents. However, some states do not require the judge to make an order consistent with the agreement if he or she does not believe that the agreement is in the child’s best interests or if the child support is not in line with state laws.

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 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.

How to change order of parents?

Typically to change an order, the parent who wants to change the order, he or she must show that a material change in circumstances that justifies making such a change.

What does the court look for in a child's home?

Courts also look at the lifestyle of each parent to determine which one would provide a better home environment for the child. The court can consider how involved the parent has been in parenting, whether each parent can cooperate with the other, the emotional, physical and financial stability of each parent and any history of domestic violence on the other parent or another member of the household.

Can you reach an agreement outside of court?

Reaching an agreement outside of court can be preferable on many levels. For example, visitation schedules can be made to specifically coordinate with the parents’ work schedule. Additionally, legal expenses tend to be less when lawyers do not have to argue the case in front of a judge.

What are the factors that affect the decision to give custody of a child?

Safety: An essential part of the decision is keeping children away from harm. Drugs, abuse, domestic violence, or a criminal record could keep one parent from earning custody.

What does it feel like to have a child custody case?

A child custody and visitation case can feel like a maze of legal paperwork, court dates, and visitation schedules. Missing even a single detail in any of these areas can have a negative impact. Your relationship with your child is too important to risk letting that happen in a child custody case.

What is the impact of child custody?

A child custody case can seem like a maze of legal paperwork, court dates, and visitation schedules; missing even a single detail in any of these areas can have a negative impact. Simply put, your relationship with your child is too important to risk letting that happen in a child custody case.Instead, you should look for an experienced family law ...

What happens if you violate a temporary order?

If you violate the temporary orders or disobey any directions from the court, the judge will take this as a sign of disrespect for their authority, and you could be held in contempt of court. As you can imagine, that won’t help you when it comes time for the judge to decide your case.

How long has Myers Law Firm been in business?

Myers Law Firm has over 60 years of combined experience with family matters, including child custody cases. Our team can look at the details of your unique situation and offer assistance to address your circumstances and meets your needs.

What is joint custody?

There are two aspects to child custody: legal custody and physical custody. You can share them with the other parent, called joint custody, or split them, with one parent having primary custody.

What can an attorney do for a child?

An attorney can also use their experience to present your case before the judge in a clear and compelling fashion and communicate with the other side so that personal emotions don’t get in the way of what’s best for your child.

What happens if you hire an attorney for a personal injury claim?

When you hire an attorney to pursue a personal injury claim on your behalf, you expect that lawyer to make sure you get all the money you deserve. If your attorney is pushing you into a settlement that you don’t feel is adequate, you may feel frustrated. Your lawyer works for you, not the other way around. If you feel a settlement is inadequate and ...

What to do if you feel a settlement is inadequate?

If you feel a settlement is inadequate and your current attorney won’t or can’t give you a satisfactory explanation as to why you should accept this low settlement, get a second opinion. You Can Fire Your Attorney. Many accident victims are hesitant to replace their attorneys.

Is an attorney accountable to you?

Your attorney is accountable to you. Don’t let anyone push you into accepting less than you deserve.

Does it matter if your lawyer accepts a lowball settlement?

It doesn’t matter why your lawyer would consider, or even push you to accept, a lowball settlement. Whether your current attorney is choosing not to make your case a priority, has failed to gather adequate evidence to support your claim, or is simply not a good negotiator, you deserve better.

What happens if my spouse meets with an attorney?

If your spouse meets with an attorney first, it could create a conflict of interest that would not allow them to represent you. (Incidentally, this was a tactic that Tony used when mulling over divorce with Carmella in The Sopranos .) Secondly, attending several consultations can help you better understand the process, your rights, and help you to manage your expectations. Thirdly, meeting with several attorneys enables you to weed out the ones who aren't a great fit.

What are some secrets that a divorce lawyer may not want to share with you?

Below are twenty secrets that a divorce lawyer may not want to share with you. 1. It's going to cost more than you bargained for. It's not always the case—but more often than not, the costs associated with your divorce will often be higher than your lawyer's original estimate.

How do divorce lawyers save money?

That you'll save money and heartache by being organized. 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.

How to deal with divorce issues?

While it may seem difficult, coming to an agreement with your spouse can alleviate a lot of the issues of divorce and it could also save a lot of ugliness down the line. If you have kids and common friends, it's likely that you and your spouse may be in each other's lives for years, even decades to come. Those interactions aren't going to be made easier if one or both of you hired some hard-nosed lawyers and caused each other pain. If you can work it out, you and your spouse can each part ways without feeling taken advantage of by the other.

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 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 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 do judges think about custody?

Courts will always choose a custody agreement that is in the best interest of the child or children and judges often believe that involvement from both parents is crucial for children to have a stable upbringing. Fathers who do not spend enough time with their children are not looked upon fondly in custody court, so make sure you are spending as much time with them as possible. Things like riding bikes, doing homework, going to the park, or playing games are all things the children will appreciate and remember, helping to better your relationship and your custody court case.

What are the biggest mistakes that fathers make when fighting for custody?

Not Acting First. One of the biggest mistakes that fathers make when fighting for custody is not being the first one to file for a hearing . There are many benefits to being the first parent to take action and often it can have positive legal implications. In many cases, waiting for the mother to file will often lead to increased feelings ...

What do family court judges look for in a child custody case?

Judges often look favorably on fathers and couples who are willing to work together in the best interest of their children.

What happens when a father divorces a child?

When a couple divorces or dissolves their relationship, one of the most emotional and difficult things they deal with is splitting custody of children. Traditionally, courts have sided with the mother of the child when it comes to placing primary custody but, as times change, more and more fathers are proving they are the more appropriate choice to have physical custody. But, during these custody cases, fathers often make some crucial mistakes – here is what you should avoid to win your custody case.

Why do courts ask for character witnesses?

Courts will often ask for character witnesses to determine who the better parent would be to have custody of the children. It is important to keep the relationship between yourself and the mother civil and make sure to hold your tongue when urged to talk badly about them, even to family and friends. While you may trust them to keep your ranting private, it is better to be safe than sorry – when it is revealed that you speak badly about the child’s mother, the court will be less likely to award custody.

What to do when you leave your family home?

Should you leave the family home, try moving to an area that is still within the children’s school district so their schooling, teachers, and friends will not have to change should you get custody. This will show the judge that you share their feelings for the importance of keeping the children’s lives as unchanged as possible.

Can a father win custody of a child?

Trying to win custody over the child’s mother may seem like an impossible task. In some cases, fathers who feel hopeless about winning custody give up the fight and allow the mother to make the agreement. Courts will take the backing down of the father as a sign that they do not want custody, regardless of the father’s actual feelings. Make sure you continue to work with your attorney for fathers rights and be present at all hearings to show the judge you are invested in having custody of your child.

What happens if an attorney liases with your spouse?

If an attorney manages to liase many or all all your issues, then you have already lost, especially if they have told you not to talk to the spouse and they have served their purpose by fait accompli. If it comes down to money, you have lost, that is the level of basic understanding marriage has become for males.

What happens if you appeal a family court decision?

If you do decide to appeal the decisions of the family court, the Supreme Court, no less, will very likely uphold and support the malfeasance of the family court because the antics of the lower court personnel mirror those of the Supreme Court. I bet the family court personnel have recognized this and are busy minting.

Can you sue for undisclosed conflict of interest?

You should sue for undisclosed conflict of interest. At the very least, file a complaint with the State Bar Association or whoever it is in your state that hear s such things. Seriously. CLAIM DAMAGES.

Did the gal investigate any of the leads I gave him?

The gal did not investigate any of the leads I gave him. The magistrate had a stay for seven months. And the clerk of courts refused to send out the subpoenas. The clerk of courts told my attorney’s staff they were to short of staff to fax the subpoenas over my attorney’s office the day before the trial.

Do judges know the laws in Florida?

And your are right, the judges dont know the laws and/or the Florida Statutes, so no one should take for granted that they do. But the reality is,,they dont know them because they dont have to know them, because they just fly by the seat of their pants and there is no one to check them.

Do we own our attorneys?

Absolutely ! Most have no idea that here in the USA, we do not own our attorneys when we hire them. Attorneys are agents of the court. In essence, we only rent attorneys to represent us in our legal matters. An attorney’s (demanded) allegiance is always to the court first. The client and his/her interests come dead last. The BAR Association (British Attorney Registry) demands that each attorney collude and work for the court. A “client’s best interest” is only a phrase used by attorney’s to catch more clients and make more cash. Attorneys make great actors, they need to be good actors as in many court rooms, they are only acting a part where the script has already been written.

Why should a lawyer refuse to take a case?

Unnecessary delays can often damage a case. If, because of overwork or any other reason, a lawyer is unable to spend the required time and energy on a case , the lawyer should refuse from the beginning to take the case. A lawyer must be able to communicate effectively with a client.

What is the relationship between a lawyer and a client?

In a lawyer-client relationship, acting responsibly involves duties on both sides—and often involves some hard work. You have a right to expect competent representation from your lawyer. However, every case has at least two sides. If you are unhappy with your lawyer, it is important to determine the reasons.

What to do if you have a complaint about a lawyer?

If you believe you have a valid complaint about how your lawyer has handled your case, inform the organization that governs law licenses in your state. Usually this is the disciplinary board of the highest court in your state. In some states, the state bar association is responsible for disciplining lawyers.

How should a lawyer act in both professional and private life?

How a lawyer should act, in both professional and private life, is controlled by the rules of professional conduct in the state or states in which he or she is licensed to practice. These rules are usually administered by the state’s highest court through its disciplinary board.

What is the job of a lawyer?

Communication. A lawyer must be able to communicate effectively with a client. When a client asks for an explanation, the lawyer must provide it within a reasonable time. A lawyer must inform a client about changes in a case caused by time and circumstances. Fees.

What to do if your lawyer is not responding to your complaint?

If your lawyer is unwilling to address your complaints, consider taking your legal affairs to another lawyer. You can decide whom to hire (and fire) as your lawyer. However, remember that when you fire a lawyer, you may be charged a reasonable amount for the work already done.

What happens if your lawyer doesn't communicate?

A lack of communication causes many problems. If your lawyer appears to have acted improperly, or did not do something that you think he or she should have done, talk with your lawyer about it. You may be satisfied once you understand the circumstances better. I have tried to discuss my complaints with my lawyer.