How Do I See My Kid Los Angeles Child Custody Attorney David Pisarra tells you how.
Hey guys, Dave Pisarra here with MensFamilylaw so we're gonna talk about the situation where you have a child, you're not married, so you're just boyfriend girlfriend, you're probably on the birth certificate, but maybe you're not, and she won't let you see the kid. So here's the deal. Mom has legal custody of the child and physical custody of the child because she's the mom. She's gonna be on the birth certificate. If you're on the birth certificate you have technically legal custody but the question becomes what's that really.
Mean in terms of actual day to day operations.You're gonna have physical custody if mom is allowing you to see the baby, but the problem is when mom wants to move and takes the kid with her you don't actually have a court order that says you have any time to actually see the child. The police are gonna look at it and say mom's supposed to be with the baby because the baby is still probably nursing. So if you've got that situation where you're a daddy bu you're not actually a court ordered dad, paying child support with a court order for.
Visitation, you're kinda left out in the cold when the kids are really young. So that's the situation where you're going to have to file what's called a paternity suit. Filing for paternity is a really easy thing we just fill out a couple of forms we get mom served, she's got 30 days to file an answer, and then we can go forward and get a court order for visitation, but that also means you're probably going to have to pay child support, which if you're a good dad you probably want to pay anyways and like a lot of my clients you're.
Probably already paying the rent, buying diapers, putting in food, paying for the utilities and it's possible that your child support might actually go down. So this can be a good thing for you from a financial standpoint and it's something that you definitely have to have if you want to make sure you have your rights to see your child. If you've got more questions, and you want to talk about it, please feel free to give me a call, check out the other tutorials, and read the blog, subscribe to our newsletter so you get the free Before.
Orlando Divorce Lawyer We Share Custody Can We Waive Child Support
My spouse and I agreed to share custody of our child 5050. Can we waive child support I'm Steve Kramer. I'm a Florida family law and divorce attorney. Child support in Florida is considered the right of the child. Now, we calculate child support by figuring out how many nights the child spends with each parent, and then calculating the income, and then through that formula we figure out how much child support is generally ordered. So an example would be if you each have the same income and you have 5050 sharing of.
The child, well, there might not be any child support there. Whereas, even if you have 5050 timesharing and one of you makes more than the other then there's going to be child support. Or let's say you have the same income but one of you has the child 80 of the time. Well, again child support is going to be ordered. Again, if you have roughly the same income and the child is shared 5050, you can waive child support that's an option. It's important for both of the parents to fill out a financial affidavit and basically.
Family Law and Divorce Attorney How Does Custody Work in Divorces in the state of Florida
How does custody work in a divorce in Florida I'm Steve Kramer. I'm a Florida family law and divorce attorney. And today we're going to talk about custody in the state of Florida. And the question is what is custody in the state of Florida And the answer is it doesn't exist. The state legislature recently amended the laws and eliminated the term custody. It doesn't exist anymore. Instead we have time sharing. What does time sharing mean Well, basically what happens in a divorce, you and your spouse will put.
Together a parenting plan. And if you don't put it together, the court will put it together. But there will be a parenting plan. And that parenting plan will govern exactly how you spend time with your children. And that may be every other weekend, every weekend, half the week with Mom, half the week with Dad, whatever. It will govern that. It will govern how you as parents deal with school, medical issues anything that can potentially come up as a parent is going to be addressed by that parenting plan. And these parenting plans.
Can be detailed they can be 30 pages thick and govern everything from top to bottom. Or, if you and your spouse are able to get along a little bit better and don't have to have everything worked out to the letter, then you can have a more broad parenting plan that works for you. The bottom line is as long as you're making decisions you can control the parenting plan. And if the courts come in then they will implement their own parenting plan, which they believe is in the best interest of the child. Now since the.
Law was amended the presumption is that time sharing with the children is 5050. And that means 50 of the time with Mom, 50 of the time with Dad. Now in the past, the presumption was not 5050. And usually what would happen is Dad or Mom would have every other weekend and then some time in the middle of the week. Now that's what it was in the past. Now there's this 5050 presumption and this is with the intention that the child should have contact with both Mom and Dad and that contact should be as equal as possible for.
The child's benefit, because children need Mom and Dad. And anybody that's looked at a divorce, has a family, knows that children need contact with the parents. Now if there's some special circumstance where maybe your spouse is abusive or there's a drug addiction or an alcoholism issue or maybe there's just some issue that you believe is important, then of course we can attack that. We can attack the custody arrangements, the time sharing arrangements, and address that specifically. That's why it's important to sit down with a skilled family law and divorce attorney. We deal with this stuff all the time. We've.
Difficult Personalities in a Child Custody Case Los Angeles Child Custody Attorney David Pisarra
Hey Guys David Pisarra here with MensFamilyLaw. Have you got a personality disordered spouse Is that what we're dealing with in a a child custody case Listen up and let's see what you've got. There's three main problem personality types we deal with in divorce and child custody cases. There's a manicdepressive and they kinda have an up down problem. they go from being really happy to really sad to really happy to really sad. They're not that big of a deal when it comes to child custody, then we've got the narcissistic. the narcissistic.
Personality is somebody who its all about them. No matter what you're doing it's about how it affects them. No matter what you're saying, it's how they look. No matter what you're doing, it's how they're going to feel. The third most dangerous one that we deal with is the borderline personality. This is somebody that looks at you and in the beginning part of your relationship you probably were the prince charming, you probably were the best thing that ever happened. The most wonderful boyfriend, the most fantastic husband. and.
Along came a child and the focus shifted and when the focus shifted, you suddenly became worthless, useless, the worst thing ever, horrible, the meanest, most inconsiderate, thoughtless, terrible, negligent, incompetent parent of all time. That's the borderline personality. You're going from one extreme to the other. You go from Oh My God you're the best thing ever to, horrible horrendous, terrible parent. The problem that we deal with is, Narcissistic and Borderline personalities can't really be cured. and they're very difficult to deal with when we get into court because they're usually very convincing. They're very.
Manipulative. They're very good at making the judge feel like Well they're just the most concerned parent ever, and you clearly are just a negligent human being. So when we're dealing with these as parties in a divorce, we frequently have to bring in a psychologist to try and explain what's going on and we put each side through some testing to figure out what's really going on and with the personalities and who's going to be the more stable and loving parent. And who's really telling the truth. Because oftentimes the really controlling.
Manipulative person is able to spin things so that it looks like you are the one that's wrong. Even though they are the ones who are at fault. I hope that gives you a sort of a brief overview of what we're dealing with here with the manic depressive personality, the narcissistic personality and the borderline. I'm not psychologist, so you probably gotta do some research on that but those are generally what we end up in family court, and those are the battles that we have to fight. If you've got other questions, you want to talk.
2 QUESTIONS EVERY MAN ASKS IN A DIVORCE, ANSWERED BY LOS ANGELES DIVORCE AND CHILD CUSTODY LAWYER
Do you know the two most common questions that a mans asks in a divorce lawyer's office I do and I'm gonna share them with you. my name is David Pisarra, I'm a divorce and child custody lawyer in Los Angeles California. I represent men. When they come into my office they generally sit down and the say the same thing, I want out, it's over. What's it gonna cost me how long is it gonna take What's it gonna cost me is a hard question for me to answer because oftentimes I won't.
Know until we really get into it and figure out is this going to be one of those simple divorces or is it going to be very long drawn out ugly, very expensive divorces The easier question is how long is it going to take Most divorces take, on average 12 months from the time we file to the time we're actually at judgment. Why am I telling you all this because i answer questions like this all day long. Feel free to call me at 310 664 9969 or if you want go to my website, mensfamilylaw theres.
Bronx Lawyer On Child Support Child Custody
A commonly asked question by many clients is, Does child support and child custody go hand in hand That question can be answered in a few ways. First, in deciding which court to proceed. If you're married, you have the option of filling a divorce. In a divorce proceeding in Supreme Court, you can handle a child custody and child support matter in front of the same judge. Meanwhile, if you're not married, you must go to family court and you can handle that matter separately. Child custody will be in front of a judge or referee.
And child support would be in front of a support magistrate. If you are married, though, you can file in family court and decide where you want to go. Child support is determined by how much the parties make, plus a formula determines how much each pay based upon the number of children and a variety of factors. Custody is determined by what's in the best interest of the child. You should speak to an attorney before you proceed in either matter. My name is Jayson Lutzky. You can reach me at 18006605299. You can reach me at my.
Adoption Questions I am caring for my grandchild, do I have legal custody
Hi, Steve Kirsh and a very tired Yogi here with the answer to today's adoption question. The question is I am the grandparent of a child. The mother of the child has left the child with me, and I do not have any legal custody. What do I need to do The answer is, you need to get some sort of legal authority to have the child. Being a caretaker of a child is ok, if you are talking about a day or two. But, once that child has been with you for a number.
Of days, weeks, months, or years, if you do not have legal custody the parent of the child could come back and take the child away from you, and you would have no protection. So, at the very least, if you have custody of a child, you want to have yourself appointed guardian of the child. That would allow you to obtain insurance coverage for the child. It would allow you the protection knowing the child would not leave your care without further court order. Furthermore, there was a recent Indiana Supreme Court.
Case. It was The Adoption of B.C.H., in which a grandparent was taking care of a child for a number of years. The birth parent of the child decided to have her new husband adopt the child, and they did so, tried to do so without the consent of the grandparent who had had custody of the child for a long time, but without legal custody. Fortunately, for the grandparent, the Indiana Supreme Court held that the grandparent needed to be involved in the adoption process. The Indiana Supreme Court held that lawful custody was.
Any custody arrangement, even though it was not court ordered, that was not unlawful. But, you do not want to find yourself contesting a case all the way through the trial court, Indiana Court of Appeals, and the Supreme Court to find out that you have some right. The best procedure would be to have yourself appointed guardian of the child, or if your child is willing, and it is your intention, you could adopt the child. I hope that is helpful. If you have any other questions Yogi and I are always here to answer them.
Served Papers to Change Custody Orders Seattle Family Lawyer Eric Engel Explains What to Do Next
You've just been served papers to change custody of your children. What do you do Hi. I'm Eric Engel, a Seattle child custody lawyer with the Engel Law Group here in Seattle, Washington. If you've just been served with papers to change custody of your children, there's 4 things you need to do right away. One you want to carefully evaluate the petition. You want to see what the claim is that they're saying about you for why you should lose custody of your children. Two you need to gather any objective evidence that you can that supports.
Your position that you should keep custody. These would be things like time slips that show you've picked up your kids from daycare or any type of records medical records, for example that show that you've taken your children to the doctor. Three you're going to want to take a good look at the other side. Now often when a party brings a child custody modification action or tries to get custody from you, oftentimes they have their own skeletons in their closet and they also should be examined carefully. Four you're.
Going to want to set up a consultation with one of our attorneys. This is a very serious matter and you're going to want to have this petition carefully reviewed. If you don't treat it seriously, you could find yourself in a situation to where you do lose custody of your kids. Why am I telling you this I'm telling you this because you've just been served with papers to change custody and you're not sure how to respond. You're watching this tutorial because you've just been served with papers to change custody of your kids.
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