Facing a child custody evaluation? Here are tips to conducting yourself with the evaluator5/29/2018 If you have need a best suitable service your child custody law experience, Divorce Lawyer Houston in Texas the great process!
When it comes to a child custodyevaluation, there are so many factors in play that will affect your case vs. your next door neighbor’s that it is difficult for me to say with any amount of certainty that THIS piece of advice will make a difference and THIS piece of advice will not. Houston Divorce – That’s not a unique point to make as to this specific topic but the importance of a child custody evaluation and the interview process causes me to make special note of it before we go on any further today. We have written some tips and tricks already for you on these pages and I highly recommend that you go back over the past few days and read our other blog posts on this subject. With that said, I will reaffirm the most important piece of advice that I or any other attorney can give you when it comes to answering a question from someone in conjunction with a legal case- be honest. In fact, I could stop writing right now and leave it just with this one recommendation and you would be OK. ADDITIONAL TIPS, TRICKS AND WORDS OF WISDOM WHEN IT COMES TO BEING INTERVIEWED I’m not telling you to feel so good about the truth that you volunteer answers to questions that were never asked. If you have to tell the interviewer something that does not speak well you as a parent or person, well then so be it. Houston Family Lawyers – However, that is a lot different than allowing some extraneous information come to the attention of the interviewed that need not have left your mouth. Listen closely to the question asked. If you don’t know the answer say so. If you don’t understand the question ask for it to be asked again. Finally, if you understand the question and know the answer- give a complete thought sufficient to provide an answer and then close your mouth. BE AS FAIR AS POSSIBLE WHEN PROVIDING ANSWERS TO THE QUESTIONS BEING ASKED OF YOU Fairness and objectivity are hard to come by during a tough child custody case. When you are engaged in a battle it is tough to look at your opponent and see any good in them or their cause. I get that. I see it all the time with our clients and their opposing parties. It is easy to want to tear them down and build yourself up. Here is where I counsel against that. There are obviously problems in your life, your child’s life and the life of your opposing party. That much is self-evident. You all wouldn’t be in this case if that were not true. It is fine to tell the evaluator what you perceive the problems to be and how they are affecting your child. Houston Family Law Attorney – Be careful when you begin to place blame for this or that on your opposing party. Remember- this case is not about either of you- it’s about your child. When responding to questions about why you all are involved in this case relate each answer you provide to your child. This can help to show the evaluator that you are able to think about your current legal battle as a means to better the life of your child. YOU BEING A GOOD PARENT DOES NOT MEAN THE OTHER PARENT IS A BAD ONE We see in politics that with regularity the major political parties in our country don’t so much as come up with solutions to problems but rather they will denigrate the opposing party for having created them. If you aren’t careful it is easy to wander into the same muck inside of your child custody case. If you honestly feel like your actions contributed to a negative consequence for your child it is appropriate to say as much. If all you do is report problems caused by the opposing party and nothing about your own problems, your responses will come off as self-serving, incomplete and possibly untruthful. We all need to work on a daily basis to improve ourselves. If you share the problems with the evaluator it is more than appropriate to share the solutions that you are attempting to come up with as well. Divorce Lawyers in Houston – You believe that you are a good parent and that you can offer your child a better life by living with you primarily. If you didn’t believe those things you wouldn’t be in this position. It is perfectly fine to tell the adjuster, when appropriate, what makes you a great parent and how you have improved the lives of your children or positively impacted them. You do not have to tear down your opposing party when you are building yourself up. Although the judge has to compare you and your opposing party as parents, neither you or the evaluator have to do this. Eventually, recommendations will be made to the judge but not on the basis of a direct comparison. You may believe your opponent to be a bad mom or dad that doesn’t offer much as far as a future for your child. Be that as it may, it is up to the evaluator to draw his or her own conclusion about each of you. At the end of the day, it is possible to speak about yourself and your parenting from a position of strength based on your own accomplishments and attributes. MORE TIPS, TRICKS AND PREPARATION METHODS FOR HELPING YOUR CHILD MEET WITH AN EVALUATOR TO BE POSTED TOMORROW Family Lawyer Houston – In our final blog post on the subject of child custody evaluations, we will discuss what you can do to help yourself and your child interact with a child custody evaluator. Any and all questions about this topic can be directed to the attorneys with the Law Office of Bryan Fagan. A free of charge consultation is only a phone call away … Continue Reading
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If you have need a best suitable service your child custody law case experience, Family Law Attorney Houston in Texas the great process!
Divorce Attorney Houston – It doesn’t take a lawyer to be familiar with the rights that are read to a person when he or she is being arrested. Known now as your Miranda rights, a police officer will tell you that you have the right to remain silent and that anything you say can and will be used against you in a court of law. My wife loves the television show Law and Order and that line is recited probably three times every single episode. The point I’m trying to make here is that most of you have probably heard that line in some format before you just read it here. That warning is applicable even in child custody cases that involve an evaluation of you, your family and your home. When interacting with your child custody evaluator it is important to remember that he or she, while nice and pie and sweeter than honey, is not your friend and is not an advocate for you. As a human being, he or she probably sympathizes with what you and your family are going through. In conversation, he or she may even tell you as much. However, be wary when discussing any subjects with the evaluator. The reason being is that what you tell him or her is never “off the record”. Those discussions are available to the judge and will likely be used to create a custody report and make recommendations regarding conservatorship, possession, and access in your case. You will likely have an attorney in your child custody case and this is advisable. Certainly, a child custody evaluation is not done in every divorce or child custody case. When they are done it is usually due to a fairly substantial dispute or difference in opinion on a subject in connection with your case. Having an attorney to advocate for you and communicate your rights and responsibilities is crucial. Speak to your attorney if you have any doubt whatsoever in what you should and should not discuss with a child care evaluator. I do not mean to make this sound any more intimidating or imposing than it ought to be but it is an important process and can impact your case in a dramatic way. Always use your best judgment when saying anything to a child custody evaluator. PAPERWORK, PAPERWORK, PAPERWORK Houston Divorce Lawyers – At the outset of an evaluation, the evaluator will likely have you and the other parent to your child fill out some paperwork for him or her. Your attorney will likely have done the same with you but the way you approach each should be different. Your attorney’s paperwork is for the lawyer’s eyes only and can be done in a more “off the cuff” fashion. The evaluator’s paperwork is going to be one of the first ways that he or she is able to judge you and as a result, you should put some thought into how you respond to questions. For instance, when responding to a question it is smart to not completely dismantle the other parent in your answers. You may have the fire of a thousand suns ready to leap off your fingertips and onto that piece of paper, but I would recommend you hold back. If the other parent is the reason why your case was filed, if their actions have led to financial and emotional difficulties or anything in between this is not the place to fight that battle. You have an attorney to advocate for you. Let him or her do their job. Answer the questions as they are asked and do not provide superfluous information. When answering questions remember that if you attempt to exaggerate something or minimize something in your favor that it is likely that this will come back to haunt you. You may eventually be asked to provide evidence of what you are saying in the paperwork answers. If the answers you provide cannot be substantiated it looks like either you: 1. Are neglectful when it comes to answering questions or 2. That you are not being truthful (otherwise known as lying). Neither is a good look for you, though I suppose it is better to be the former than the latter. Be truthful above all else. Do not provide extraneous information. Even if your answers make you look not so favorable answer honestly. Houston Divorce Attorney – The last thing you want to do is have to fight a battle against your opposing party and the child custody evaluator. WHEN IT COMES TO THE EVALUATION, ACT LIKE A GROWNUP For most of us, acting like a grownup isn’t too difficult because, well, we are grown-ups. Ostensibly you have: 1. A child 2. An income sufficient to litigate a family lawcase and 3. Some common sense to have read this blog. If you are going to be interviewed by the evaluator at 6 p.m. on Wednesday evening at your home make sure you are there at 6 p.m. on Wednesday evening. If you will be getting home from work at 5:55 sweaty from a full day of doing (insert tough, physical labor type job) maybe don’t schedule your appointment for 6:00 and instead suggest 7:00 to the evaluator so you can take a shower and clean yourself up before their arrival. Overall, speak plainly and calmly. No need to dress up your language or speed up what you have to say so you can pack more words into an answer. If you don’t understand a question, ask him or her to ask it a different way. Remember that the evaluator is not on anyone’s side so there is no need to react defensively to a question being asked. These simple behaviors can greatly assist your “performance” in an interview setting. Additional information on the actual evaluation conducted- tomorrow’s blog topic Houston Family Lawyer – The Law Office of Bryan Fagan represents clients across southeast Texas and would be honored to speak to you about doing the same… Continue Reading If you have need a best suitable child custody evaluation on your family law case experience, Spring Divorce Lawyer Houston Texas the great process!
If a judge has approved your or the opposing party’s request to have a child custody evaluation conducted, or has ordered one done on their own, it is logical that he or she would place a great amount of weight on this evidence. This means that the results of the evaluation will be seriously considered by the judge and will likely have a tremendous impact on your child custody or divorce case. Whatever the evaluator has to say as far as recommendations are concerned will almost surely be followed by your judge. Divorce Lawyer in Spring TX: Whatever evidence that you or your opposing party have to provide in a trial if your case makes it that far, may not have much impact at all in how the judge will ultimately rule. That is how critical a child custody evaluation becomes to your case. BEST INTERESTS OF THE CHILD Just as your judge will be tasked with making decisions that are in the best interests of your child, so too will the child custody evaluator. While you and the opposing party may have your own concerns and circumstances that a court should be concerned with, at the end of the day it is primarily what is best for your child that will be considered by a judge. With that said, if you and your opposing party are able to negotiate on your final orders and come together to resolve your issues prior to trial it will be in everyone’s best interests. No parents are going to create final orders that do not suit their children first and foremost. Even if you feel that your opposing party is out for their own self-interest first and foremost you would not agree to a settlement plan that did not place your child’s interests ahead of either parent’s. Furthermore, you and the other parent are better equipped to arrive at a settlement that takes into consideration all of the particular circumstances that distinguish your case from any other that goes before the judge. Spring TX Divorce Lawyer: Judges are more apt to create cookie cutter orders based on their inability to know exactly what your family needs due to a lack of time and resources to be able to fully understand your situation. This is not a criticism of judges, this is just human nature. BREAKING DOWN WHAT BEST INTERESTS OF THE CHILD MEANS We all have a pretty decent idea, I think, as to what is in the Best Interests of a Child. Certainly what is in the best interest of my children may not be in the best interests of your children and vice versa. However, there are some overarching and common themes that should apply to all children who have a family law case in Texas. Abuse and Neglect Being protected against abuse and neglect is probably foremost in terms of what is in the best interest of a child. If we start our discussion here we can build up into other concepts that are a little more aspirational. No child should have to deal with abuse or neglect. No excuses and no qualifications on that. A judge and child custody evaluator will look at your situation and identify is abuse or neglect has occurred. If so, recommendations and orders from the court will be set forth that do what it takes to protect your child. Relationship with Both Parents Houston Divorce Lawyer: Secondly, the emphasis in court these days is to make sure that every child has an opportunity to have a relationship with both of their parents. This isn’t to say that some children won’t gravitate towards one parent or the other, but overall the evaluator and judge will want to ensure that your child can have a good relationship, or an opportunity for one, with both you and the opposing party. If it appears that one or both of you are not doing what it takes to help further this goal then the court will have to make orders to remedy this situation. Parental Alienation Parental alienation is a topic that family law attorneys, unfortunately, encounter with some regularity and is something that will be watched for by a child custody evaluator. Part of both you and your child’s other parent is given an equal chance to develop a meaningful relationship with your child is both of you encouraging your child to spend time with each of you. It is very easy for your child to become influenced by you or the other parent in a negative fashion if you are speaking poorly of him or her or otherwise attempting to influence their opinion. Your child will view you and their other parent through the eyes of a child, not those of an adult. If you are sharing your adult perspective with them about how and why you and your ex-spouse are divorcing then that will be information that not only can your child probably not understand but will surely have an effect on how he or she views each of you. This is a recipe for disaster and is not behavior that is going to benefit your child. Taking the Time Divorce Lawyer in Houston: If you do not take some time and effort to support the relationship your child has with both of their parents then a court may view this as behavior that is not conducive to acting in your child’s best interests. Even if it is not something that you relish or get excited about, reminding your child that both of their parents do love him or her is good for your child and for your family law case. HOW TO PREPARE FOR A CHILD CUSTODY EVALUATION- THE TOPIC OF TOMORROW’S BLOG POST Some steps that you can take to prepare for your own child custody evaluation will be the subject of tomorrow’s blog post from the Law Office of Bryan Fagan… Continue Reading If you have need a best suitable service your child custody law experience, Houston Family Law Lawyers in Texas the great process!
Family Law Lawyer Houston: Essentially there are two types of evaluations that you may be involved with in conjunction with your child custody or divorce case– a home study or a social study. In somewhat more rare instances a full-fledged child custody evaluation will include an assessment done of you, your ex-spouse and your children by a psychologist. An example that I will provide to clients is if your situation involves allegations of abuse or neglect made against you or your ex-spouse psychological testing may be ordered by the judge. Substance abuse issues or mental health deficiencies round out the other two most common reasons as to why a psychological examination may be conducted. Most typically the court on its own motion or one of the parties to your lawsuit can request that an evaluation be done and the type and scale of the evaluation. Of course once the evaluator begins to do their job he or she can let the court know that based on their study of the situation a psychological examination of you, the opposing party and your children is warranted based on any number of circumstances, the sort of which we discussed in the opening paragraph to this blog post. THE COST ASSOCIATED WITH A CHILD CUSTODY EVALUATION Kingwood Divorce Attorney: This is a subject that even the initial requestor of the child custody evaluation may not have fully considered prior to filing the motion. It is a bad look, first of all, to request an evaluation and then not be able to pony up the money to pay for your share of the study. Supposing that the judge grants the motion, he or she will have held a hearing on the motion, taken the time to appoint an evaluator and the evaluator will have had to reach out to your attorney and opposing counsel to get the logistics of the study started up. For you to later try and back out of the study due to finances could be a huge hindrance to your case and will likely cause your opposing party, the judge and the evaluator to become a little upset. Your attorney should go over with you the range of costs that you can expect to incur associated with the child custody evaluation. Fortunately for you, the evaluator does not work like an attorney, i.e. by the hour. A set cost will be provided to you and the opposing party at the outset of the investigation. It is not uncommon for a child custody evaluation to cost $2,000 for one party’s share of the cost. If it seems like you’re having to pay for another attorney in terms of cost you would not be far off. If a psychologist gets involved then a retainer payment is often made to the doctor and then additional costs may be incurred if the retainer does not cover all the doctor’s costs in conducting the evaluation. WHAT ACTUALLY HAPPENS DURING THE EVALUATION? The Woodlands Divorce Attorney– We’ve finally made it to the point where we can discuss the actual evaluation. It is a fairly detailed and complex process and there are a few parts that we can single out and discuss individually. Much like when you hired your attorney, you will likely fill out some paperwork with the evaluator so that he or she can learn some basic information about your family. Both you and the opposing party will complete this step before the evaluator beings to actually conduct the evaluation. All of the relevant parties to the case- you, the opposing party, your children and any friends/family members/etc. type of people may be interviewed as well. The next step is to actually have the evaluator sit in on some parenting time between you and your children. The evaluator will be interested in seeing how you all relate to one another and who you are as a parent. We spoke in yesterday’s blog post about how frequently the evaluator will actually come out to your home and that of your opposing party to look at the living conditions of your house and see you all on your “home turf”. Reason being is that we all act differently at home as opposed to when we’re out in public and the judge will want to know if your conduct is the same in court as it is in your home environment. PERSONAL INFORMATION IS NOT SO PERSONAL IN A CHILD CUSTODY EVALUATION If you thought it was a little much for people outside your immediate family to be interviewed in a child custody evaluation then you should consider the following while sitting down. In addition to these sort of interviews, you and the opposing party will be asked to turn over documents that may be related to the evaluation of school paperwork and other things related to your children. Spring Divorce Lawyers: In addition, like in a CPS investigation, collateral persons will be interviewed like teachers, day care employees, and doctors. If information, like medical or psychological records, are otherwise privileged the evaluator will ask for you to sign releases in order to obtain them. I wouldn’t blame you for thinking that this may be a little over the top for the evaluator to do things like this, but then again, if you want the evaluation to be thorough, complete and fair then these documents can go a long way towards achieving that goal. What’s more- the other side has to be imposed upon just as much as you. HOW WILL THE EVALUATION AFFECT YOUR CASE? COME BACK TOMORROW TO READ MORE The impact of a child custody evaluation on your case, in general, will be discussed in tomorrow’s blog post. If any of today’s subject matter piqued your interest please give the attorneys with the Law Office of Bryan Fagan a call to discuss them … Continue Reading If you have need a best suitable service yourself ready for a home study Law experience, Family Lawyers Houston in Texas the great process!
Family Lawyer in Houston – If you are involved in a contentious divorce or child custodycase or anticipate being involved in one, then you should be aware that home studies are conducted with regularity depending on the specific circumstances of your case. While it can be overwhelming to consider the possibility of a stranger coming into your home, “studying” you, and then making determinations that can affect the outcome of your case, the attorneys with the Law Office of Bryan Fagan would like to help you understand and plan for this stage of your case. From my experience, I can relate to you that one of the most, if not the most, important factors that a judge will use to decide a child custody matter on behalf of two parents is the utilization of a home study. Depending on the results of the study and how you and your home are evaluated, you could end up having very different outcomes. During the heat of a divorce or child custody case, you may not have time to prepare thoroughly for the day that a social worker or amicus attorney comes to pay you a visit. Therefore, now is the best time to begin to prepare for this important event. A CHILD CUSTODY EVALUATION IN DETAIL Houston Family Law Lawyer – In child custody cases that are highly contested a court may order a child custody evaluation to be conducted. This is done in order so that the judge may look into the specific circumstances of both you and your opposing party’s home lives. If you and your spouse are unable to agree to a possessionschedule, conservatorship rights/duties or any other issue related to your children a child custody evaluation may be in your future. Since a judge only has a limited view of you and your spouse as parents from what is seen in a courtroom, the child custody evaluation is a more comprehensive look at your home life. How you relate to your children, how you relate to your spouse and the specific needs of your child will be evaluated. If there are specific events that occurred in the past that the judge believes to be relevant those can be looked into as well by the evaluator and interviews conducted by appropriate parties. Before all is said and done, the evaluator will have looked into every nook and cranny, literally and figuratively, in your life to help the judge determine what living situation is in the best interests of your children to reside in primarily. WHO IS THE CHILD CUSTODY EVALUATOR? The evaluator in your child custody or divorce case will be an unbiased party who has no prior relationship to either you or your opposing party. The contents of his or her evaluation will be compiled into a document known as a report which your judge will rely heavily upon when making a determination about custody. Family Lawyers in Houston – That is if your case makes it all the way to a trial. Often times the results of an evaluation will convince one side or the other (or sometimes both sides) in a child custody case to settle prior to even reaching the courthouse steps. I should point out that the evaluator does not act as the ultimate decider of anything. While he or she will likely be a professional therapist, counselor or even an attorney, their recommendations are just that- recommendations. Ultimately it is the judge in your case who will be charged with making any final determinations. There is no advocating that is done by the evaluator on behalf of either you or your opposing party. It can sometimes feel that way, based on what prior clients have told me, but from my experience, these evaluators are very straightforward and objective most of the time. THE CHILD CUSTODY EVALUATOR’S REPORT Once the evaluation of both your and your opposing party’s home has been completed, the child custody evaluator will create a report that discusses both their findings and their recommendations to the judge. Conservatorship, possession, access and other issues will be detailed. This is a heavy burden for the evaluator to bear. The contents of the report will be admitted into evidence should your case make it all the way to a trial. Judges place a lot of weight and emphasis on the evaluations contained in the report. HOW IN DEPTH DOES AN EVALUATION GET? Family Law Attorneys Houston – If there are issues raised in your child custody case that merit further investigation it is likely that a judge will ask the evaluator to focus on those. For example, if there are allegations made against you that you were abusive or neglectful of your child then it is probable that an evaluator will focus on how you interact with your child and look at your home to determine if there are any conditions in existence that could harm your child or put him or her in danger. Your parenting will obviously be evaluated, as will that of your opposing party. Independent judgments will be made about each but comparisons between you and your opposing party will not be made. Before you consider putting on a “show” for the evaluator to show him or her how you and your children interact be aware that this will likely not be the evaluator’s first experience in a home environment. As a result, your actions may come through loud and clear and hollow and façade-like. I would recommend that you conduct yourself in a typical manner for you. You will feel better about the study as will your children. THE DIFFERENT TYPES OF CHILD CUSTODY EVALUATIONS WILL BE DISCUSSED IN TOMORROW’S BLOG POST FROM THE LAW OFFICE OF BRYAN FAGAN If you are interested in learning more about the subject of child custody evaluations then I would certainly recommend that you return to our blog tomorrow to read more on this subject… Continue Reading If you have need a best suitable service your Children after a Divorce Law experience, Houston Family Attorney in Texas the great process!
Divorce Attorneys Houston – In today’s world, it is common for both parents to work. Gone are the days where mom stayed home to raise the kids and tend to the home while dad went out into the world to earn a living for his family. Some say this is a good thing. Women are just as capable of working after all and their ability to contribute to producing income is a net positive for the family. On the other hand, people will argue that when one parent remains in the home, mom or dad, and one goes and works, the dynamic of the family is better off and leads to greater cohesion and overall happiness. Divorce rates are higher in our world today than they were during the time our grandparents were raising children. Maybe there’s some correlation there? However you feel about gender, work, and family the fact is that if you are going through a divorce and are a working parent you will need to learn the skills necessary to be able to effectively parent your child and attend to your responsibilities at work. Given that your household income will have decreased due to your having lost a spouse’s pay you may need to adjust how you approach your role as mom or dad. When your divorce concludes there will be a parenting plan put into place that lays out in detail the possession schedule for both you and your ex-spouse. This will be your roadmap for the foreseeable future. Of course, you are able to deviate from that roadmap with the agreement of your ex-spouse if alterations or variations need to be made. For the most part, however, your possession schedule as laid out in the Final Decree of Divorce will act as a default for you both to rely upon. The question remains- how best can you tackle your parenting responsibilities within the context of a possession schedule and work schedule? Before your divorce concludes it is important to consider a number of issues. Read on to find out what the attorneys with the Law Office of Bryan Fagan have to say on this subject. THE GEOGRAPHIC RESTRICTION Divorce Attorney in Houston – Is it appropriate or beneficial for your family to have a geographic restriction in place as to where your children are able to reside? If your children live in Harris County a common geographic restriction would be to have them remain in Harris or any county that touches Harris County. This applies no matter if you or your spouse end up being named the parent with the right to designate the primary residence of the children. I have had clients who in the past have split custody 50/50 and decided upon a school district as their geographic restriction. The bottom line is that distance for travel is one the biggest determining factors in not only your quality of life with your children but in your ability to utilize effectively the time you do have with them. If you spend all of your time picking your children up and lugging them home, or to school or to an extracurricular activity you are not getting in sort of relationship building time that you and they need. The stories that you hear from other parents that they enjoy the car rides home with their children because they are able to talk? They’re missing the point. Being at home, together, is where you are able to stop the pace of the world from infiltrating your family even if it’s just for a moment. ELECTRONIC POSSESSION I know there is a push in parenting circles to restrict our children’s access to electronics like phones and computers. However, I would argue that for divorced parents electronic periods of possession can be great to tide you and the kids over until you actually can physically be with them. Houston Family Law Attorneys – If the use of electronics is reasonable in terms of time length, is not disruptive of their activities and encourages communication I say it is a positive for divorced families. You as a parent need to understand that having electronic periods of possession with your children is not appropriate for long lengths of time while your kids are with their other parent. As long as both parents can play nice I believe it can be a positive for working, divorced parents. GO WITH THE FLOW I touched earlier on an important topic that I don’t think many people know when a divorce is first filed. Many people, of which you may be one, believe that their case will be decided by a judge and that he or she will be watching every move that their family makes after the divorce is finalized. This is not the truth, however. Most divorces are settled outside of court through negotiation and mutual agreement. On top of that, the terms of the Decree which you decide upon need not be followed exactly as long as you and your ex-spouse agree to any variation made. If no agreement “on the fly” can be arrived at then your Decree should be relied upon. Divorce Houston – However, in the event that “life happens” and you need to change a pickup/drop off schedule it is great to be able to directly communicate with your ex-spouse and arrange that alteration between the two of you. This encourages communication, co-parenting and general civil behavior. If you and your ex-spouse can show this level of respect towards one another, even given busy work and life schedules, you can bet that your children will notice and mimic your behavior. On top of that, each of your parenting time will be that much more productive. QUESTIONS ABOUT PARENTING AFTER A DIVORCE? CONTACT THE LAW OFFICE OF BRYAN FAGAN TODAY If you are a working parent with questions about managing your time after a divorce please contact the Law Office of Bryan Fagan… Continue Reading If you have need a best suitable service your Child Support Law experience, Family Lawyer Houston in Texas the great process!
Family Attorney Houston – The attorneys with the Law Office of Bryan Fagan are huge proponents of mediation. For those of you reading this blog who don’t know what mediation is, it is a process where you, your opposing party and your attorneys work with a third party (usually a family law attorney) to negotiate and settle your case prior to a trial. Any issue that you and your opposing party have not yet been able to settle upon will be negotiated in mediation. The mediator will act like a ping pong ball- bouncing back and forth in between the room where you and your attorney are, and the room where your opposing party and their attorney are. Settlement proposals will be communicated. A mediator can help to point out flaws in your logic or your opponent’s logic and can prepare each side for how a judge is likely to rule on any issue that is being negotiated upon. This allows both sides to understand the strengths and weaknesses of their respective cases. What ends up happening most of the time is that you and the opposing party begin to understand that you are less likely to receive the outcomes you want in a trial than you would negotiate with one another. Your settlement may not be exactly what you want, but it is at least something that you know will work for each side. In a trial, there is no telling how a judge will rule and it is anyone’s guess as to how the ruling will affect each side. DOES MEDIATION BENEFIT YOU IF CHILD SUPPORT IS AT ISSUE? What if the issue that you and your opposing party cannot agree upon is child support? Child Support is a subject that is a much discussed and debated topic- no matter if you are the parent who pays or receives the support. Seemingly everyone who is involved in a family law case that I have come into contact with has an opinion on child support. Divorce Lawyers Houston – Does mediation actually stand to help you and your opposing party settle this thorny issue? What are the benefits of attending a mediation session regarding child support? Today’s blog post from the Law Office of Bryan Fagan will discuss just that issue. While there are situations where mediation may not be appropriate, I believe that mediating through child support disputes can be productive and you both time and money. Let’s examine this issue a little further. YOUR FAMILY IS NOT THE SAME AS MY FAMILY (OR YOUR NEIGHBOR’S ACROSS THE STREET) It goes without saying that no two families are created equal. You may have three kids, while my wife and I have two. You all may live a different sort of lifestyle than my family does, and do it in a different part of our community. The point is that it would be silly to assume that what would work for my family in a child support case would work just the same for your family. However, that is exactly where you and your family may find yourselves if you are unable to settle your child support disputes outside of the courtroom. The Texas Family Code contains guidelines for the payment of child support which breaks down child support as a percentage of the obligor (paying) parent’s net monthly income. It is a simple calculation not taking into account the fact that all of the obligor spouse’s net income sources need to be considered. It is thought that this manner of calculating support applies the best to the most amount of people in our state. If you have a child with special needs or are yourself someone who is disabled you may find that these strict percentages do not work well for your family. While a judge will surely want to act in your child’s best interests, there is no guarantee as to how he or she would rule on the subject of child support. Once you and your opponent have presented your cases the judge will make a ruling that can impact your family for years to come. Divorce Attorneys in Houston – In order to avoid putting yourself and your family in a position where a judge is going to have the final word regarding child support, you can choose to engage in the mediation process and attempt to settle your dispute outside of the courtroom. Nobody knows your child and your family better than you and your child’s other parent. You all are able to calculate more accurately the child support needs of your family than a judge would be able to. Factors like you or the other parent’s ability to pay support, the actual amount of time each of you spends with your child as well as the needs of your child all play into the calculation and negotiation. WHAT DOES CHILD SUPPORT COVER? An age-old debate among family law case participants is what child support covers and what it does not cover. The law is silent on this subject and we are told that the proven needs of the child are supposed to be considered when determining a child support obligation. Houston Divorce Attorneys – In mediation, you and your opposing party have an opportunity to mutually agree to what child support covers and what it does not. This is important if in the future you decide to enroll your child in an extracurricular activity of some sort that has extra costs associated with their participation. You can decide if extracurriculars are covered by child support. If your intention is that they should be, perhaps you and your opposing parent will negotiate a higher than guidelines level of support. You may have to pay more on a monthly basis, for example, but any discussion down the line of your needing to pay extra for the activity will be curtailed due to your having decided the issue in mediation. WHAT EXACTLY ARE YOUR RESPECTIVE INCOMES? Mediation allows you to see just what exactly your opposing party earns. You may have an idea, but unless you know all sources of income you cannot accurately calculate child support… Continue Reading If you have need a best suitable service your Child Law experience, Houston Family Lawyer in Texas the great process!
Divorce Lawyer Houston – The decision to adopt a child is one that takes a lot of thought and consideration. If you and your spouse have tried to conceive a child together without success, or if you are incapable of doing so adoption is an option for you to undertake that benefits you, your spouse and a child who needs a loving home. The emotional aspects of adoption are detailed in countless other online resources if you are interested in gaining a window into the lives of adoptive parents and children. For today’s blog post I would like to focus on the procedures and costs associated with adopting a child in Texas. As with anything related to becoming a conservator of a child you should be aware that there are aspects of the adoption process that can be frustrating, including the procedures and costs of doing so. The attorneys with the Law Office of Bryan Fagan would like to share with you our thoughts on this subject in order to provide you with a base of knowledge from which you can make decisions that will be helpful to you and your family. REQUIREMENTS FOR ADOPTION OF A CHILD THROUGH THE TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES Houston Divorce – In order to adopt a child through the State of Texas, you must be at least twenty-one years old. Your financial stability and background will be examined to determine if you are a suitable adoptive parent. This means that if you do not have a history of earning a consistent income sufficient to provide for the necessities of life for you and a child you will have a difficult time in attempting to become an adoptive parent. References are also a part of the application process. Department of Family and Protective Services employees will contact your closest family and friends to verify your lifestyle, income and habits are conducive to providing a satisfactory lifestyle for a child. A criminal background check is a part of the process that can catch some applicants by surprise. Crimes involving family violence, abuse, neglect or harm to children will be especially important for DFPS to look for. Also- if you or any member of your household-family has been involved in a Child Protective Services investigation that will be scrutinized as well by DFPS. HOME STUDY CONDUCTED BY THE DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES The Department of Family and Protective Services will conduct a home study of your residence in order to verify the information provided to them in your application for adoption and by your references. Houston Family Lawyers – All members of your household will be interviewed by DFPS staff and all aspects of your home will be studied and inspected. You will be viewed in your home environment at least once. ATTEND TRAINING THAT IS HELD BY DFPS EMPLOYEES These training sessions will allow you as an applicant to learn about the harm that can be caused to children by abuse or neglect from parents. Whether you are applying to be a foster parent or an adoptive parent these sessions will usually determine what route is more appropriate for you. This is typically a stage where families will bow out of the process if it becomes clear that now is not an appropriate time to adopt a child. The responsibility is obviously staggering and these training sessions are intended to allow families like yours an opportunity to come face to face with this realization in an effort to make sure your heart, mind, and wallet are ready and able to take on the responsibility. THE COSTS ASSOCIATED WITH ADOPTING A BABY IN TEXAS Now that we have discussed one of the ways to adopt a child in Texas, and the process behind it, we can get into what the costs are associated with adoption. It is normal to wonder about the costs associated with adoption or to have to think long and hard about how you will be able to pay the expenses. Houston Family Law Attorney – If you can know what to expect and not be caught off guard about this aspect of adoption you will be better off and can enter the process with a great deal of confidence. For instance, if you want to adopt an older child then this type of adoption will be the least expensive. The DFPS or a private adoption agency can facilitate this sort of adoption. An adoption of an older child will cost you only a few hundred dollars in all likelihood when you go through a private agency. The home study that we discussed above and background checks cost money and will represent the lion’s share of costs if you do not utilize an attorney to help you in the adoption process. OLDER CHILD ADOPTION COSTS OFFSET BY ASSISTANCE FROM DFPS If you are interested in adopting an older child then the DFPS can offer assistance for up to $1,500 in costs associated with the adoption. There are special conditions that are associated with this reimbursement of fees, however- one of which being that the child must not be older than six years old. Monthly support from the State is also available to these families once the adoption is complete. INFANT DOMESTIC ADOPTION COSTS AND EXPENSES Divorce Lawyers in Houston – If you and your spouse are interested in adopting an American infant then the costs of doing so increase. These sort of adoptions are done privately using the assistance of an attorney to locate a birth mother who is wanting to make her child available for adoption. Adoption agencies in the area of Texas that you live can also help you facilitate an infant adoption. With that being said, the costs associated with an infant, domestic adoptions can cost as much as $30,000 in some cases if you find and locate a private mother who is willing to work with you on adopting her child. If you go through an adoption agency the costs increase closer to $40,000. Where on earth is all the money going to, you may be asking? The same home studies, application fees, criminal and CPS background searches and attorney fees that applied to older child adoption still are relevant to infant adoption… Continue Reading If you have need a best suitable serving to Parent your Children during a Texas Divorce Law experience, Spring Divorce Lawyer in Houston Texas the great process!
Divorce Lawyer in Spring TX – When you make a decision to move forward with a divorce it means that not only are making a decision for yourself and your spouse, but also for your children. In circumstances where your marriage has become more about liabilities and crisis than love and support, you are justified in taking the steps towards preparing for a divorce. There is no question that you arrived at this decision after deliberate thought and consideration. There is also no question that your divorce will affect your children’s lives in a profound way. How successful families deal with and move past a divorce that will be the subject of today’s blog post from the Law Office of Bryan Fagan. If you have always been a parent that has focused intensely on: 1. Your children 2. Their successes 3. Their goals 4. Their shortcomings 5. Their well being- your going through a divorce should not change that at all. It will not be easy to maintain your pre-divorce focus on your children while you are in the middle of upheaving your life as you knew it. Nobody will argue that point. However, I have unfortunately seen good parents lose track of why exactly he or she is going forward with a divorce and instead focus on “sticking” it to a spouse that they feel has wronged him or her in some way. This is a bad plan. Not only will you not get the satisfaction that you are seeking (justice is rarely handed out swiftly or sufficiently in a divorce) but you can lose touch with your children. A divorce offers you a time to create a life for yourself and your children separate and apart from a spouse that was becoming more of a liability than a bedrock for your family. While there will certainly be transitional elements to this time it can be time well spent. If you can, believe me, you may even walk out of your divorce with a better relationship with your children. INTENTIONALITY MATTERS IN A DIVORCE Spring TX Divorce Lawyer – Anyone who is married and has settled into a comfortable life with their spouse and family can tell you that some days we just go through the motions without giving what we’re doing much thought. If you’re driving home from the office that is ok, but if you are attempting to plan out the next five or ten years of your life that is not ok. If you are able to take an approach with your marriage and your parenting that you will act with intentionality you can do well for yourself and your family. What exactly do I mean by “intentionality”? Simply put, intentionality to me means making conscious decisions about important subjects based on an analysis of the possible outcomes of your actions. It means acting intentionally rather than accident or spur of the moment reaction. Charting a course with goals in mind for your divorce is acting with intentionality. Making a conscious effort to be available, physically and emotionally, for your children is acting with intentionality. I’ve found in my time as an attorney that it is the person who lives their life purposefully that tends to find success over those that do not. If you are a parent who is going through a divorce then you will likely find that your schedule with your children has been altered in some way. It could be that you are seeing your children less frequently now because they are visiting every other weekend with their other parent. Instead of sulking around your home when you are not with your children, why not use this time to set some near and long-term goals for yourself, both as an individual and as a parent. If you seek out these goals in the middle of the jungle of a divorce case you’re going through you are likely to see yourself and your family with more clarity. Imagine the clarity that you will be able to see with once your divorce has concluded! Suppose that you are the parent who maybe didn’t take your parenting all that seriously. Your work came first, or maybe your phone was out during every interaction you had with your children. Surfing the internet or checking your Fantasy Football score when you should have been spending quality time speaks to my earlier point of just sort of mindlessly coasting through life without any intentionality about your actions. Your divorce may be the perfect time for you to begin acting with purpose, especially towards your children. If you have pre-designated periods of possession with your children there is no longer an option of having your spouse shoulder the heavy burden of parenting. The kids are with you for a fairly extended period of time. It is your choice how that time is utilized and the sort of experiences that you build with your children. YOUR TIME WITH YOUR CHILDREN IS ABOUT YOU AND THEM- NOT YOU AND YOUR SPOUSE Houston Divorce Lawyer – Giving your children your full attention when you are with them is important, as we just discussed. Do not get sucked into bad-mouthing your spouse with your children no matter what may be going on with your divorce. Remember- your children don’t want to hear anything about your case no matter how badly you may need to “vent”. Furthermore, your judge will be none too pleased that you chose to vent to your children about your spouse if that were to ever come to his or her attention. Finally, strive to end any “petty” behavior. If you purchase your children clothes, school supplies or sporting equipment and see that those items are traveling with your children from your home to your spouse’s home do not insist that those items remain with you. Again, on a very real level, you and your spouse are going to still be a team after your divorce is finalized. Your teammate and you will need to be able to function well enough to help each other raise your children. Put your pride on the backburner and do what it takes to provide for your children, no matter how you feel about your spouse… Continue Reading |
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December 2018
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