To satisfy the McLendon Standard, the party asking for custody must show the following: - That there was a material change in circumstances that occurred since the previous Order regarding custody. Legal custody involves the major decision-making that goes into being a parent. There are other was to be legally named the father of the child including having a child during a marriage, signing an acknowledgment of paternity, and signing up for the parental ntgomery County Divorce Lawyer Focused on Child Custody. But the need for sound legal guidance is important to ensure that your needs and your child's needs are met.
Your Montgomery child custody lawyer will make your argument to the judge and the other party will argue why custody should not be changed. There are a few types of spousal support under state law: spousal support pendente lite, rehabilitative alimony, and indefinite child support. Legal custody is often share between parents, even when physical custody is not. A parent who has sole or joint physical custody of his/her children will normally seek court approval to have the children move with them to a new location. Custody Modification & Enforcement. She cares about her clients and will represent you with the utmost attention to detail and the highest level of service. Your spouse must reside in the facility for at least three years for a judge to grant the dissolution of your marriage based on confinement to a mental hospital. Efficiency You Deserve. There are also specific rules for parents who want to prevent the relocation of their children. It can cause a deep divide between parents, especially for those who fear a compromise of their relationship with their child(ren) and who already carry anger, resentment, anxiety, and other emotions due to the breakup of the family. Therefore, the court will listen to both sides and decide what is best for the child. It gives us such an understanding of family matters that we can address the needs of our clients with not only commitment and skill, but with sensitivity and compassion as well. In order to understand your options and how the law applies to your specific situation, consult a child custody attorney. Our team firmly believes that keeping the family structure as intact as possible after the separation is best for everyone.
Sometimes, the custodial parent decides that they want to move out of state with the child. A prenup gives both parties to enter a marriage with eyes wide open about each other's finances and debts, allowing them to be on the same page about how to handle important topics in the event the marriage doesn't work out. One parent has other support obligations. If it happens when the couple is already married, it is known as a postnuptial agreement. Indefinite spousal support—as the name implies—is a long-term form of spousal support. A marriage is voidable (meaning that a court can declare it to be invalid after a victimized party challenges it's validity) if: - Either party was under the age of 18, except when the underage party had parental consent and was at least 16 years of age with parental consent or the underage party had parental consent and a physician's certification of pregnancy. Because of the difficulty involved in such relocation cases, it is always a good idea to consult with an experienced PA divorce relocation attorney who can work solely for your best interests. Montgomery County residents who choose to file a fault divorce typically rely on one of the following grounds: Cruel Treatment. Family, Bankruptcy, Divorce and Domestic Violence. The last thing you want is to represent yourself against someone who has an attorney fighting for them. The availability of realistic, substitute visitation for the nonmoving parent. Insupportability is the notion that you and your spouse can no longer stomach being married to one another because of conflict. Some of the most common cases handled in Montgomery County's family court include issues of divorce, child custody, child support, spousal maintenance, or protection orders, among other things.
We help protect clients in various situations related to their divorces, including protecting valuable assets, businesses, child custody, child support, investments, and the complex division of marital assets. Joint custody refers to a situation where both parents can make decisions about the child's welfare and overall upbringing. When a child custody lawyer files your petition to modify custody in Montgomery County, your case will be set for a hearing. Perhaps more significantly, relocation affects parenting time divisions. What are the wishes of your children. We can help you create a schedule that suits your interests and those of your child. With an experienced attorney advocating for your rights as a parent, you're more likely to get the custody and visitation agreement you and your child want and avoid missing any important steps along the way. These types of cases can be high conflict. We know how complex and overwhelming these cases can be. In other words, it allows both parents to discuss what is best for the child regarding education, religion, healthcare, and other important factors in their lives. What Do I Have to Provide to the Court for My Relocation? Most peoples' only interaction with the court system is when they need to go to court on a family or domestic matter. Child custody is sometimes more contentious than dividing assets in a divorce. The person who files does not have to provide evidence of wrong-doing, and they can avoid some emotionally charged exchanges that are often part of fault divorces.
Conversely, failure to present such an agreement will prompt the court to step in and decide custody. Our Montgomery and Howard County parental relocation attorneys have extensive experience negotiating new custody agreements and litigating new terms of child support orders in court. Which parent covers the child's health insurance. The parent wishing to move must follow specific procedures to request permission to relocate and, in the event of litigation, must show the court that the move is in the best interest of the children. Call our Montgomery child custody attorneys today for a consultation and to find out whether you have a good custody modification case to file or not. Additionally, both parties must agree to the terms. We represent either parent in petitioning the court to relocate or challenging the petition.
You might also feel uncertain about what to do next. Jeredith Jones, Attorney at Law is a Montgomery County family law and custody law firm who focuses on children's cases that include. Some paperwork may be involved via each parent's respective attorneys if there is a formalized schedule that needs to be updated. The health of the parents and children. As a result, the petition for child custody is considered a contested petition, meaning the parents do not have an agreement on custodial matters. The Law Offices of Sheryl R. Rentz are one of the few law firms offering free evaluations on these kinds of matters, so call or contact us at (866) 290-9292 today. Our experienced Maryland family law attorney is waiting to speak with you. Issues of child support, paying for the children's medical insurance, and other more unique situations often come up between two people who share a child. Protecting Parties from Abuse. Custody battles are emotionally charged and sometimes get ugly. If you and the other parent(s) are in agreement about the custody petition, then we usually charge a retainer up front of at least $1500.
Drug or alcohol abuse by a parent. Sole physical and legal custody is generally only awarded in cases where the safety of the child may be in question, such as where a parent has a history of domestic violence, drug or alcohol abuse, or criminal activity. Hopefully, you can come to a resolution everyone can live with. Family, Business, DUI and Divorce. This is because these attorneys usually have intensive training in family law matters and know how to navigate complex processes. Finding the right attorney goes beyond the claims a lawyer makes in print ads or online commercials. Our Montgomery custody lawyers can help you modify custody if you need a custody or divorce attorney in Prattville, Millbrook, Autauga County, Lee County, Montgomery County, Macon County, Dallas County, Pike County, Chilton County, Elmore County, or anywhere else in and around Montgomery, Alabama. These decisions could pertain to education, religious training, discipline, non-emergency medical care, etc. Whether you chose to file, your spouse chose to file, or you suspect the decision to divorce is in your near future, you likely are feeling a range of emotions from anger and frustration to grief and sadness. Divorce lawyers handle everything related to paperwork, such as creating documents and filing papers with the Montgomery County court. The child's ability to adapt to the move.
They will do that knowing how much you are attached to your kids. We offer both remote and in-person consultations. Your attorney understands the process and can protect you from costly mistakes by filling out paperwork correctly, meeting administrative dealings, and ensuring you receive fair treatment. Focused Exclusively on Family Law & Criminal Defense.
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