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.

CLICK HERE to find out more

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.

CLICK HERE TO FIND OUT ABOUT FAMILY COURT

Understanding Termination of Parental Rights

A common misunderstanding in family law is that a non-custodial parent can get his/her child support obligation terminated automatically by terminating their parental rights.  That is not necessarily true, and it's not that simple.

Termination of parental rights ends the legal relationship between the parent and child.  The parent no longer has a legal right to see the child or make any decisions for the child.  In addition, the child does not have inheritance rights that they might otherwise have from a biological or adoptive parent. 

Termination of parental rights varies from state to state.  Often there are two types of cases:  voluntary and involuntary termination.  A common ground for involuntary termination of parental rights is abandonment of the child.