Child Custody Battles

One way to save money and win your child custody battles is representing yourself.

Don't dismiss it. You can win your own case...

If you know what you're doing.

Child Custody Battles

When you hire a child custody lawyer, you're hiring someone who knows the law. Your lawyer knows which laws apply to you and has the skills to represent you in court.

But family law-like all law-is based on common sense. If you have the time and the desire, you can acquire enough basic knowledge to represent yourself in your child custody battles.

Representing yourself-or being a pro per or pro se litigant-allows you to save substantially on lawyer's fees. Unfortunately, you'll also have to learn the court rules and procedures.

If you decide to represent yourself, you can seek out many resources for help, including legal typing services, divorce assistance centers, and self-help law books. You can even hire an attorney as a legal coach.

Pro Per

If you have to interact with the legal system during your child custody battles, either because you need to file some legal papers or because you must go to court, you're not required to have a lawyer represent you. You can also represent yourself.

If you represent yourself, you are often called & pro per or pro se. Both are Latin phrases meaning "for yourself."

Pro per litigants can do everything a lawyer can do, including:

o Write and prepare legal documents.

o Investigate prior judicial decisions.

o Conduct discovery.

o Negotiate settlements.

o Argue a case at trial.

Many people represent themselves. One Florida judge estimates that approximately 70% of the litigants who appear before him are pro pers. A California judge estimates that half
to three-quarters of the litigants he sees are pro pers. And the Los Angeles Times reports that as many as 84% of all child support cases involve at least one pro per
parent.

Representing yourself in child custody battles is a statutory right, and many people choose to do so. The right to self-represent, however, does not extend to representing others. Only licensed custody attorneys have the right to represent someone else.

Child Custody Battles
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Brent Delaurentis is a father of a 6 year old girl and webmaster of The Child Custody Blog. Because he went through a long and painful custody battle he knows exactly how parents who have to go through this feel. Learn more about Brent and How He Won His Custody Case And How You Can Win Yours By Clicking Here

Child Support Payment Sample Letter

Any child support problems that may come about can be taken care of in court by submitting a letter of consideration to the judge. The following are some of the child support payment sample letters that any parent can make. A mother write a letter asking help of what she will do because she cannot afford anymore to pay child support on time. Another one is that her ex-spouse is being late with the child support, the check bounces or sometimes she is only given half of the amount agreed upon, she is asking if she can withhold the visitation.

Regarding the first child support payment sample letter of a mother that cannot pay the child support on time she also explained her reasons that she also has three children that are being supported and one in college, she cannot think of where to find money to support the child, she is disabled and no income at all but the court ordered the maximum payments and did not consider her other children. She is not intending to neglect her child support but the problems occur. In this manner the court advises her to settle changed circumstances to be considered in modifying her child support. She must notify the court of her problems in supporting her family and if she submits a changed circumstance request that is the only time wherein the court can decide about her letter.

The second payment sample letter is from a custodial parent who is having a problem receiving child support from her ex spouse; it is always late and lacking. She is asking if she can withhold visitation of her child. The court says that she cannot withhold visitation because child support and visitation are two separate legal issues. The courts do not like it when one party takes the law in his or her own hands to alleviate problems in child support. The court can charge the offending party, the one withholding visitation with penalties and if your ex-spouse decides to sue for custody, the action of withholding can be held against him or her. He or she can deal directly with each other to solve the problem, he or she must find out the problem that becomes the root of the delayed support. If after dealing with each other and no solutions are found then he or she can go to court and ask the court for support obligations. The court can order wage garnishment wherein the employer will be the one to deduct the child support from the paycheck.

Child Support Payment Sample Letter

The given child support payment sample letters can give some solution to those concerned who also have the same problem and are ashamed to open up. Wage garnishment is not so much used as a solution unless both parties decide to do so. The most important thing here is the withholding of visitation is not allowed. To avoid problems that will lead to a court hearing and you may be the one to pay for attorney's fee and other expenses with the court case. Some judges include COLA in their orders when setting child support. Because of this there is no need for modification requests based solely on cost of living increases.

Child Support Payment Sample Letter
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Clifford Young is an accomplished niche website developer and author. To learn more about child support payment sample letter, please visit Paying Child Support for current articles and discussions.

Montana Parenting Plans & Custody Agreements - Laws in the Montana Code & the Child's Best Interest

Section 40 of Title 4 in the Montana Code contains the state laws concerning child custody. Within this section of law, the state makes it very plain that all custody decisions must be made with the best interest of the child in mind. This is especially important for parents to remember as they create a custody agreement. The agreement must fulfill the needs of the child and promote the best welfare of the child. To help parents focus on this, the law contains a list of factors that parents must consider when making the parenting plan. These are factors that affect the best interest of the child. Here are a few of the factors in the law that affect the child's best interest.

1. The wishes of the parents and the child. Section 40, Title 4-212 says that the state will consider the wishes of the parents and the children when making decisions about the parenting plan. Both parents have an equal say in what goes into the plan, and both parents are encouraged to work together to make a plan they both agree on and that works for the child. The older the child is, the more weight is given to their opinion.

2. The child's adjustment to home, school, and community. Title 4-212 also says that children generally do best in an environment of stability. This extends to the school and community environment. A custody agreement needs to be made that allows the child to continue participation in school and community events. The child should have the same opportunities as before the parents separated.

Montana Parenting Plans & Custody Agreements - Laws in the Montana Code & the Child's Best Interest

3. Continuity and stability of care. Again, the state wants the children to have a consistent and stable environment. A parenting plan should be made to provide this for the child. There should be a continuing custody and visitation schedule that the child knows about, and the child should live in a stable home. The state does not look favorably on continuous changes to the parenting plan.

Montana Parenting Plans & Custody Agreements - Laws in the Montana Code & the Child's Best Interest
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Discover how Custody X Change can help you create the best Montana parenting plan for your situation, and get the help you need to make your Montana custody agreement.

Paying Child Support While In Prison

When a divorce arises between parents the problem of child supports will also arise. Imprisonment of any party especially if he/she is the non custodial parent is a very big problem that will arise in any court order regarding paying child support while in prison. When a non custodial parent is imprisoned he/she must notify the court for some modification and one of the main reasons that the support will be stopped. When they did not notify the court all the parties involved will suffer, but most of all the child is the one who will be affected by this problem.

Paying child support while in Prison is one problem that must be dealt with in court if it arises. Even if, in some states the judge is allowed considerable leeway in settling the actual amount this can be a very big problem because it's really difficult to determine the proper amount if the party is in prison and no income is available for support. When this happens the parties involved must notify the court at once for some modification due to changed circumstances, most of all if it involves income or monetary value. When this happens the court must involve some guidance councilor to give advice to the parties especially the child who is the most important party being affected.

Child support while one party is in Prison must be given preferable attention especially when determining who will be paying child support while in Prison and who will be the non custodial parent by reviewing some aspects like the needs of the child, including health insurance, education, day care and special needs, the income and needs of the custodial parent, the paying parent's ability to pay and most of all the standard of living of the child before divorce or separation. When a court sets child support, it often considers the family's pre-divorce standard of living and attempts to continue this standard for the children, if feasible. Courts are aware of the difficulty maintaining two households on the income that formerly supported one home. Maintenance of the same standard of living of the child is more of a goal than a guarantee. In some manners this is a crucial job that they must do.

Paying Child Support While In Prison

It's not really a guarantee that child support based on the previous standard of living can be maintained but the court will really try their best to give that. Unfortunately when this unavoidable circumstances happens like the imprisonment of one party especially if he/she is the custodial parent they cannot do anything but accept the truth that child support is already impossible to be realized and so the act of paying child support while in Prison.

Paying Child Support While In Prison
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Clifford Young is an accomplished niche website developer and author. To learn more about paying child support while in prison, please visit You and Your Child's Relationship Today for current articles and discussions.