lihemma


My husband filed for divorce almost 3 years ago and we have been to the divorce master. Our pretrial conference is set for Jan 21, and now my husband says he’s withdrawing the divorce and stopping it. Can he do that? My lawyer is out of town til 15th. Thanks!

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Steven Carlson


If you ask to your friend or your colleagues, most of them will tell you that grandparents do not have no common law right to see their grandchildren if the parents object. And for the most part, all these people are right in some respects. Interestingly, there is no basis in constitutional law regarding grandparent visitation rights in the United States. However it is interesting to know that grandparents can be entitled to visitation rights with grandchildren in some cases.

In order for a grandparent to obtain such visitation rights, the grandparent may have to present evidence to the court that the absence of visitation rights would be harmful or detrimental to the child’s health and welfare. Considering that that parents have a fundamental right to the care, custody and management of their child, the grandparent generally has to show that there is a sufficient reason for the court to interfere with the parent’s right to for such external interference to be imposed. Therefore it is often difficult to prove such harm to the child. Some courts or judges may also fear that allowing grandparents an external visitation right could be harmful to the parental authority. It could also create intergenerational disputes which could be even more detrimental to the child and/or be contrary to the child’s best interest. Therefore, courts often recommend that parent and grandparents reach an agreement out of court.

Under specific circumstances grandparents can be granted custody rights of the child. When one parent is deceased the other surviving parent is typically preferred to obtain the custody of the child if deemed fit. But if both parents are deceased, the courts may decide to award the custody of the child to the grandparents since a blood relative is often preferred to obtain custody. Even in this situation, the grandparent has to present key evidence to the court that the child would be better off if he/she had custody of the child compared to other blood relatives or third parties. The courts can make their decision taking into account the age, health and financial ability of the grandparent to properly support and care for the child.

There are many restrictions and limitations in which the court can order or grant grandparent visitation rights. Additionally, the laws related to grandparent visitation rights are sometimes changing and developing. To learn the latest laws and developments in your area with respect to grandparent rights to child custody and visitation you may want to consult an attorney in your jurisdiction who can advise you legally.

© 2007 Child Custody Coach

Child Custody Coach supplies information, online materials, and coaching services to parents in the field of child custody, namely, divorce, child custody and visitation, child custody evaluations, 730 evaluations, parenting, and all issues related to child custody and divorce. “How to Win Child Custody – Proven Strategies that can Win You Custody and Save You Thousands in Attorney Cost!” is a unique child custody strategy guide written by The Custody Coach and made available by Child Custody Coach in an easy to read, understand, and apply E-Book format. Custody Match is an online consumer and family law attorney matching service to help you in your search for the right attorney for your divorce or child custody case. Custody Match can help you find the right family law attorney, divorce lawyer, or child custody attorney in your area.

Divorce Ammo


Hiding money (assets) during a divorce is illegal and unethical. Never the less it’s more common than you think. Both men and woman alike have and continue these tactics daily. I am in no way advocating hiding assets. I am simply documenting facts to help educate and protect.

By hiding money your spouse may be trying to lower child support and alimony payments. You and your attorney must look to uncover any hidden moneys and to prove the actual amount of money that your spouse has available.

I‘ve listed five items below to give you a starting point for finding hidden income and assets.

1) Your spouse may defer a part of his salary until after the divorce. Look for letters, notes, or emails asking to defer income. Look at past history of your spouses earnings. If he/she is normally receives $50,000 per year in commissions and suddenly not receiving any money or a dramatic drop. Advise your attorney.

2) Some spouses receive bonuses in addition to their net pay. Look for deals where partial bonuses are paid and the other portion is put into a separate account accruing to the benefit of the employee. Bonuses can be deferred for future distribution. Look for a pattern of bonus payments in the past.

3) If your partner is suddenly, chronically short of cash, or if their weekly ATM withdrawal doubles, that could be a sign. Many stores now let you get cash back when using your debit card for purchases. Your spouse can be adding $20, $40, or more to ever purchase. Check receipts.

4) Does the mail come to your home? If not, that could be a red flag that your spouse doesn’t want you to see certain incoming statements.

5) Any changes in the way family finances are handled. Did that joint savings account suddenly disappear? Was there a piece of a stock sold or got rolled over into something else?

You can find out how to get a free report with more tips by visiting Divorce Ammo.

Steven Carlson


When a divorce or dissolution of marriage is brought before the family court, child visitation is considered at the same time and according to similar factors as child custody. The term stands for the time in which the non-custodial parent is allowed to meet or visit with his/her child. However, under certain circumstances a parent can be denied child visitation or child custody in the case of sole physical custody. Child visitation is often associated with the term “parenting plan,” which typically outlines the type of legal custody and physical custody of each parent and can also define when the child is to visit or be with the non-custodial parent. Parents can reach such an agreement on their own, this is the best case, or the court can decide on this matter, which is often the worst case scenario.

Typically, the best situation for a child in a divorce, child custody, and child visitation matter is when both parents manage to solve their personal differences to reach an agreement or parenting plan or child visitation schedule out of court. In this case, any agreements reached between both parents can become the parenting plan. When a parenting plan is created and child visitation and child custody issues are resolved, it may not require anymore matters to be brought to the court even if the child is very young. A decade ago, the family courts would often give infant visitation guidelines preventing the non-custodial parent from spending a lot of time with his/her child. Such provisions are not valid anymore, but rather frequent and continuous contact with both parents is encouraged. Off court agreements does not necessarily need to be translated in a written contract and signed by both parents. However, parents may be well advised to have a written and signed parenting plan for future reference in case a child custody or child visitation dispute arises. It can also be used as a stipulation between both parties and then issued as a court order for future enforcement purposes.

Now, what if the parents are not able to reach an agreement on child visitation or child custody? Both parents will often be required to participate in a mediation process before having a court hearing or before a judge hears the case. Typically, the two parents will be assisted to work out a parenting plan by a third-party or mediator, who can be an experienced attorney or social worker. Many child visitation and child custody issues find a happy ending through mediation sessions resulting in a parenting plan agreement, which can then be presented as a stipulation ad then as a court order.

Generally, the worst case is when mediation fails. In this situation, the next step is typically for a court hearing in order to solve the issues. Judges nowadays often require custody evaluations of the family by experts in the field of child psychiatry, psychology or mental health. Licensed social workers can also be called to present evidence for consideration by the court. Once all pieces of evidence have been presented, the court will typically make its decision. This is the worst case child custody and child visitation dispute method because it can be very complex, expensive, and long-draw out. In some highly contested child custody and child visitation cases, child custody and child visitation disputes will eventually result in denying child custody and child visitation rights to one of the parent.

© 2007 Child Custody Coach

Child Custody Coach supplies information, online materials, and coaching services to parents in the field of child custody, namely, divorce, child custody and visitation, child custody evaluations, 730 evaluations, parenting, and all issues related to child custody and divorce. “How to Win Child Custody – Proven Strategies that can Win You Custody and Save You Thousands in Attorney Cost!” is a unique child custody strategy guide written by The Custody Coach and made available by Child Custody Coach in an easy to read, understand, and apply E-Book format. Custody Match is an online consumer and family law attorney matching service to help you in your search for the right attorney for your divorce or child custody case. Custody Match can help you find the right family law attorney, divorce lawyer, or child custody attorney in your area.

Ebonlinctus


Dude wants to go to court to begin making child support payments (which the mother does not want. Get this! She does not want a paternity test to see if the kids are his). However, Dude has warrants (speeding tickets) in Austin, TX (which he will resolve after the custody hearing). Can Dude be arrested for the warrants during the child custody hearing?

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