How to Win Your Child Support Case Without An Attorney

What If I Cannot Find the Other Party for Service of Legal Action?

 Before a court can have jurisdiction over a defendant, the plaintiff must serve him or her with the legal documents that show that a legal action, such as a paternity, child custody or child support case is pending against him or her. 

What is Service by Publication?

When a legal action is initiated against a defendant, and that defendant cannot be found to accept delivery of legal documents, service by publication may be permitted by a judge's order. This process refers to official notification published in the newspaper. Notice of publication must conform to certain legislated guidelines in the areas of process and format.

How Does Service by Publication Work?

This process refers to the act of serving a summons or another legal document pertaining to a lawsuit by publishing it in a general-circulation newspaper. It gives “constructive notice” to an unknown, intentionally absent or in-hiding defendant. Constructive notice assumes that the defendant receives the notice even when not delivered in person. This service of process is permitted only on a judge’s order after a sworn declaration has been given of the failure to locate the defendant after exercising due diligence. The court considers publication effective whether or not it is read by the defendant.

If you have exhausted all of the methods to have the individual served by personal service, you may be able to have the person served through another method, specifically Service by Publication.

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What is Child Custody Mediation?

 

Child custody mediation is an opportunity for parents to resolve their situation about a parenting plan and visitation schedule for their child(ren).  In mediation, the parents try to reach an acceptable agreement by engaging the help of an expert (a mediator) in resolving these disputes. 

If the parents are able to work out an agreement, great!  If so, the mediator typically assists the parents write a parenting plan.  It then may become a custody and visitation order if it is acceptable and signed by a judge.  The judge will do so if he/she believes the agreement is in the best interests of the child(ren).

In some jurisdictions, the mediator can give a written recommendation to the parents and the court if the parents cannot agree to a parenting plan.  Also, some jurisdictions mandate mediation prior to a custody/visitation hearing before the judge.  In addition, some courts provide this service to the parties, while others only offer the option of private mediation.  

The goals of mediation are to:

1. Help the parties set up a parenting plan that is in the best interest of your children. 
2. Save the court time and money by eliminating the need for a hearing when the parties can reach an acceptable agreement. 

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How to Win Child Custody and Child Support Case without an Attorney

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