Top Ten Tips for Family Law Cases

10 TIPS TO PREPARE FOR FAMILY LAW CASES
Getting Ready for Trial is the Key to Your Success.

1. TRIAL OUTLINE and NOTEBOOK.  At least a few days before trial, write an outline of what you are asking for and why. Break it down into sections: parenting plan, child support and maintenance, custody, etc. for organization.  Keep all of your trial materials in a well-organized notebook.
2. PREPARE YOUR QUESTIONS. Think out what you want to present to the Court and write
down the key points you must make. Write out the questions you believe are important so you
won’t forget to ask them. List the specific points you want to make to the Court so you can check
them off as you make your points.
3. EXHIBITS. You must bring the originals and 3 copies of any documents, papers or pictures
you want the Court to consider. Bring them to the courtroom early so that the Clerk can properly mark them. Make a List of your Exhibits so you can keep track of them. 
4. WITNESSES. Your Witnesses must be ready to go when the trial is called. If a Witness is not
needed for several hours, make sure they are available within 10 to 15 minutes with a quick phone
call. Before the day of trial, make a List of the names of your witnesses. File the original and give
a copy to the Judge and the opposing party.
5. PARENTING PLAN. Bring 4 copies of the Parenting Plan you are proposing for your children.
6. CHILD SUPPORT. Bring your most recent pay stubs, W-2 and last year’s tax return. Prepare
Child Support Worksheets using the income you have and that of the other parent, and prepare
an Order of Child Support. Again, bring 4 copies of everything.
7. MAINTENANCE. Bring you most recent pay stubs, W-2, last year’s tax return and a completed
Financial Declaration which details your income and expenses. Also bring any other documents
you feel support your request for maintenance or your position that maintenance is not
appropriate.
8. OBJECTIONS AND MOTIONS. The Rules of Evidence and the Civil Rules control how the trial
will be conducted by the Judge. If an “Objection” is made, do not interrupt until the nature of the
Objection is stated. The Court will then allow you to respond, and the Court will then rule on the
Objection. Do not speak to the opposing party during objections, speak only to the Judge and
speak only one at a time.
9. OPENING + CLOSING STATEMENTS. You get to address the Court at both at the beginning
and at the end of the trial. You should summarize what you want and why you want it. Be brief,
concise and as specific as you can in stating what you want the Court to do.
10. TIMELINESS. Be in the courtroom at least 30 minutes before the trial is scheduled to start. Err on the side of caution and give yourself plenty of time.  You will be able to get settled and comfortable, but NEVER BE LATE.

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Child Custody Mediation Tips

Mediation is a process (mandatory in some jurisdictions) that provides parents an opportunity to
discuss and resolve issues relating to the best interest of their children. It is generally a
confidential process conducted by trained Court Mediators who assist the parents by facilitating
cooperative communication focusing on the best interest of their children. Child Custody
Mediation may be available to you to work out your disagreements regarding child custody
and/or visitation. In many jurisdictions, the family courts will provide child custody mediation
through some type of family court services department or conciliation court.

If mediation is to be successful it is important that the parties enter into the process in
good faith, with an open mind, and a willingness to consider a fair resolution of the
dispute.

• Mediation allows the parties to resolve disputes in ways that meet their needs and
interests.
• The effectiveness of the mediation can be enhanced if the parties and their attorneys
consider their interests and the interests of the other side in anticipation of the mediation.
• Lawyers and clients will frequently be the best source of creative ideas to resolve a
dispute. Don't wait until the day of the mediation to rely solely on the mediator to tap
that creativity.
• Well before the mediation, begin focusing your attention on the topic of "interests." As
you prepare for the mediation, determine clearly your own interests and needs, and
equally important, consider how the opposition would define its interests and needs.
Indeed, it may be useful to specifically identify the other party’s perspective on the
dispute.  CLICK HERE for more information

What is Guardianship

Who or what is a guardian?

A guardian is someone who takes care of a child's needs. This typically includes such things as shelter, education, food and medical care. Guardians also usually manage the finances of the child.

A guardianship is a legal relationship between a minor child and a guardian that gives the guardian certain rights and obligations regarding the child. However, a guardianship does not sever the legal relationship that exists between a child and his or her biological parent. Instead, it co-exists with that legal relationship.

Are you considering guardianship?

If you are planning on taking care of the child on a long term basis, then you should consider becoming a guardian. Without guardianship, you will have difficulty getting medical care for the child, enrolling him or her in school, as well as a host of other issues. Also, because guardianship creates a legal right, you will have some say in the child's future as a guardian, whereas a mere caretaker would not.CLICK HERE to find out more

How are child support guidelines set?

The initial point for determining child support usually is the state’s guideline that considers the income of the parents, the number of children, and typically some other factors. The formulas are based on studies of how much families ordinarily spend for raising children. Courts input the applicable numbers into the formula and arrive at an amount of support that should be paid for the child or children. The guideline applies equally to children born to married parents and to children born out of wedlock.

The amount of money a parent will have to pay in child support varies from state to state because each state has its own guidelines, as well as the fact that judges may differ in their willingness to depart from guidelines.
Generally, there are two types of child support guidelines. One type is based on the income of the person who is supposed to pay child support, the obligor, and the number of children. The other type of guideline is based on the income of both parents and number of children. This second type of guideline often is referred to as the income shares model.

In addition to the guidelines, parents can argue that because of special circumstances, a court should order more or less support than the guideline amount. While support orders can be reviewed by one of the parties filing a motion or petition with the court based on a change in circumstances, in some states, support orders are automatically reviewed every few years to make sure payments are consistent with current income and the support guidelines.  CLICK HERE FOR CHILD SUPPORT HELP

Active Service Members and Child Custody- What to do?

What soldiers should do before deployment? A soldier should make sure that he or she is well versed in the benefits and detriments of the potential application of the Servicemembers Civil Relief Act (SCRA) to his or her specific situation. Ideally, both parties should strive to reach a consent order rather than litigating the issue and allowing the decision to a judge. If, the child custody order should be drafted in anticipation of deployment or mobilization and should address the service member reuniting with the child at the end of the military assignment. The facts should address circumstances such as the home state of the child and the current child custody arrangement with respect to, and without limitation to, the education and housing of the child. However, because no one can predict the potential problems that may occur with negotiated temporary orders many states have drafted, or are currently drafting, legislation that will prevent service members from having to make a choice between their country and their children.  CLICK HERE FOR CHILD CUSTODY HELP

Modifying a Child Support Order

The determination of the initial amount of of child support is done at the time the original child support order is entered. However, the law recognizes that circumstances, as well as income and expenses, can change over time. The process of changing an existing child support order to reflect the changed circumstances is called a modification.  In many jurisdictions, the law permits a modification of the amount of a support order
if a recalculation of the support amount using the child support guidelines shows a change of at least 10% when compared to the existing support order. This means ten percent up OR down.

If you think a change in your income, the other parent’s income, or some related expense necessitates a change in the support amount, your first step should be to run the numbers through a new child support calculation. If the resulting figure differs from the current child support order by more than 10% either way, a modification may be in order.

Some of the more common factors that may lead to a modification include:
■ a significant change in parenting time, such as the number of nights a child spends at a parent’s residence
■ a parent’s loss of employment
■ the return of a parent to school

You may think you are entitled to a modification if your ex has remarried. However, most guidelines only factor in the incomes  of the two parents of the child in question.

If you believe you are entitled to a modification of your support amount, you may want to take immediate action. You may try to bring a legal action to modify your support order to court independently, with low-cost attorney assistance.  CLICK HERE for a free case evaluation.

Acknowledgment of Paternity and Child Custody

Does the Acknowledgment of Paternity form give the mother or the father custody (parental responsibility) or visitation rights?

No. Custody issues (parental responsibilities and parenting time) are determined by a court order, separate from paternity. Visitation terms can be arranged informally between the mother and the father or set by the court.  Therefore, a father needs to understand that just because his name is on the birth certificate and/or an Acknowledgment of Paternity has been signed by both parents, he is subject to the control of the mother in terms of visitation unless and until he gets a custody/visitation order from a court. 

Call (888) 257-0095 to find out more about your rights.

Texas- When Can I Ask to Change My Child Support Order?

In Texas, a parent may ask for a modification of a child support order:

1. If it has been three or more years since the order was established or last modified and the monthly amount of the child support order differs by either 20 percent or $100 from the amount that would be awarded according to the Texas child support guidelines; or
2. A material and substantial change of circumstances has occurred since the child support order was last set.

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Court Preparation Checklist for Family Court

Below is a Court Preparation Checklist for Paternity, Custody & Child Support cases:
□ Make an outline, at least a few days before your
hearing, of all important information you want the
judge to know and bring it with you to court.
□ Know how to get to the courthouse.
□ Dress professionally.
□ Bring a copy of all of the papers that you filed and
whatever the other party served on you.
□ Leave for court in sufficient time to arrive early.
□ If the other party does not show up for court, ask the
judge for a “Default Judgment” (which is requesting
what you asked for).
□ Be polite and respectful:
o To the judge
o To the other party and their attorney, if they have
one.
□ Don’t interrupt when someone else is talking,
ESPECIALLY the Judge; Speak when it is your turn.
□ When it is your turn to talk, speak directly to the
judge, not to the other side.
□ Focus on “the best interests of the child.”
□ Always address the judge when speaking, and call
him/her “Your Honor.”
□ If the judge asks you a question, ANSWER the
question that was asked as briefly and to the point as
possible.

Appearing for Court by Telephone for your Family Law Case

Family law cases frequently involve parties that live in different counties or states, far from each other.  In those situations, one of the parties inevitably will have trouble appearing for court in person.  While one should always try to appear in person when possible, to personalize yourself to the judge, that is not always realistic.

In those situations, most jurisdictions allow for a "telephonic appearance", or appearing by telephone.  If you need to make such an appearance, be sure to prepare in advance.  Different courts have different procedures for making a request to appear by telephone for your family law case.  Whether its for paternity, child custody, child support or something else, you need to make sure you appear and your position is heard.  So preparation is the key.

The best course of action is to call the court clerk at the courthouse where your case is to be heard.  Let the clerk know that you live far away and ask what their procedure is to request to appear by phone.  Then follow exactly what they tell you, and do it as soon as possible.  Otherwise, you could waive your chance to appear by phone.

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