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Author: Adam J. Jenkins
A father can win custody of his kids if he is fighting a restraining order – it’s an undeniable fact, no matter what an angry ex or her lawyer says about the matter. Many, many fathers (myself included) have won 100% custody of their children using nothing more than a mix of self-education, determination, honesty, and patience. However, your kids are relying on you to make the right moves to allow that to happen.
The first and most important thing is to get an understanding of what’s motivating your ex to file the restraining order.
Basically, any father who wants to win custody of his kids should sit down and really think of the reasons behind your ex filing the order – because an understanding how the other side is thinking is half the battle already won. It’s the best starting point so that you can figure out how to fight a restraining order.
The second most important element that you need an understanding of when fighting a restraining order is the legal process involved. If you’ve just been served a restraining order, it will be a temporary one which is often called an “ex parte” order, and it will be valid for a few weeks. It will have been granted at an “ex parte” hearing requiring only the attendance of your ex, and in the paperwork served to you, there will be a date for a second hearing. This may be referred to as an “Order to Show Cause” hearing date. This is where you should appear to defend yourself in front of the judge.
The second court hearing is a crucial point in fighting a restraining order – it’s where you have your first (and often, only) chance to stop it becoming permanent!
If you have a clear idea of the two things I’ve discussed above (firstly, understanding the motivation of your ex, and secondly understanding the legal process involved in getting a restraining order rescinded), you’re already ten times more prepared than your average father who’s trying to win custody of his kids. Too often, fathers think that fighting a restraining order in a custody case just involved throwing the most amount of money at hiring a lawyer – and nothing could be further from the truth. The single-most important aspect to winning custody of your kids is that you get involved in your case – even if it’s just to ensure your lawyer is doing a great job for you, should you choose to hire one!
Article Source: http://www.articlesbase.com/fathering-articles/can-a-father-win-custody-of-his-kids-if-he-is-fighting-a-restraining-order-2251281.html
About the Author
Adam J. Jenkins runs the Fighting A Restraining Order website, which aims to show fathers how to win a custody battle during the divorce process.
What judges consider during a custody trial is based on the “best interests of the child”, and they try to give custody to the parent who will provide the best environment and upbringing for the children.
To win your child custody case, you need to prove to the judge that it is in the best interest of your child to be with you. you need to be aware that your parenting skills and daily interactions with your child will be thoroughly inspected by a judge. Just telling the judge that you are a good parent is not enough. You need to provide documentation and testimony from witnesses to support you.
Keeping detailed, records is important in child custody battles. You need to show the judge that you have gone out of your way to nurture and care for your children. Because there is so much at stake, you also need to document any short-comings of your spouse that would be relevant to the custody case.
There are a number of ways that you can prove that you are a better parent. Below are some ideas:
Record activities with your children on a daily basis to help show that you are heavily involved in your children’s life on a continuing basis.
Attend all school activities, such as parent-teacher meetings, assemblies, school plays, and musicals. Try to interact with your child’s teacher and office support staff in an ongoing manner. Keep record of all the activities that you attend.
Be the parent who takes your child to the doctor and dentist. This will help support that you are a nurturing parent, plus provide witnesses that will testify that you are the parent who brought the children in most often.
Foster your child’s involvement in church and family activities. This will help prove that you are providing for your child’s moral upbringing.
Take your children on vacations and outings to show that you spend quality time with your children. If possible take pictures and keep mementos for extra documentation.
Get witness who have observed you interact with your child over a long period of time to support that you are a good parent. This includes relatives, teachers, doctors, child-care workers, neighbors, and friends
Remember document everything. CYA.
Author: Justin
When the matter of child custody and rights to a child evolve, the battle is a long one with unmarried parents. Married parents who get divorced do not have to prove paternity to retain rights, while parents who are not married may be required to prove paternity. A family law lawyer is best to consult with on your rights as a parent and should be consulted before entering into any legal proceedings or filing for custody or child support.
If a child is born out of wedlock, the mother is automatically granted custody unless an adjudication or registration of paternity is filed. For the father to seek custody or visitation rights, he must establish that he is the father of the child through blood tests or DNA tests. Consult with a family law attorney on the best way to obtain a paternity test.
Establishing paternity does not automatically guarantee custody, though. Fathers must obtain a court order if they want to be granted custody of the child; otherwise most courts still assume the mother has custody.
But unmarried fathers who prove paternity and obtain court orders are still entitled to the same rights as a divorced father as long as there are no issues that would make that person a threat to the child such as domestic violence and abuse.
If both partners agree on a custody and visitation plan, the judge will usually sign it and it will become a court order. But in cases where one or both parents do not agree on a plan, the court will resolve the issue. The best way to resolve custody disputes is through the court, as a court order will be a legal document by which both parents must abide.
There are two types of custody that must be discussed. Physical custody refers to who the child will live with permanently, while legal custody refers to who will make decisions about the child’s healthcare, education, religion, etc.
Most custody arrangements grant joint legal custody and sole physical custody with the non-custodial parent given visitation rights. However, if it is determined that one of the parents is unfit to make decisions about the child’s life or it is in the child’s best interest not to have any contact with the other parent, sole physical and legal custody is often granted to one party. Joint physical custody is agreed upon and/or granted in some cases as well.
Unmarried parents with further questions about child custody are encouraged to seek legal counsel to resolve issues.
Article Source: http://www.articlesbase.com/fathering-articles/children-and-unmarried-parents-1978207.html
About the Author
For more information on the child custody process for Parental Rights schedule a consultation with a Riverside Divorce Lawyer visit the offices of Diefer Law Group.
Author: Adam J. Jenkins
During a divorce custody case, you may end up fighting a restraining order. Whilst not strictly ethical, it’s the norm for divorce lawyers to suggest the strategic filing of an abuse allegation which grants an order on the thinnest of grounds. This has the effect of granting your ex immediate custody of the kids, and makes it much harder to focus on the wider custody battle. Basically, whilst you’re swamped with paperwork, trying to figure out how to fight a restraining order, the custody arrangements battle is taking place – and, often, these decisions will determine the custody situation for many years ahead.
As a result, many fathers find themselves wondering how a temporary restraining order ends up becoming a permanent one. They fail to realise that two significant factors lead them into this phase of their situation:
To deal with the first issue – basically, most people assume that proof in custody cases where a father is fighting a restraining order involves “beyond a reasonable doubt”. That’s the situation for criminal cases, and popular TV shows often lead people to think it’s the bar by which all cases in a court are judged by. However, this couldn’t be further from the truth. Judges grant order filings as a routine (this is during an “ex parte hearing, which is why temporary restraining orders are sometimes called “ex parte” orders), defending this practice through “erring on the side of caution”.
That’s why you’ll occasionally hear crazy stories about celebrities being stamped with an order to protect some crazy fan five states away, despite the fact that the two have never met – even though the judge knows the case is completely phony, these orders are still granted if the paperwork is submitted correctly. The talk show host David Letterman is one famous example of where this happened (a woman got an order granted against him to stop harassment through “coded messages on the talk show, along with eye signals”… simply put, there is just no proof required at the first stage. Some states even permit plaintiffs to telephone in a complaint, without even having to lodge the traditional paperwork!
Judges only pay attention to the merits of the case weeks later when a second hearing takes place, at which you (the defendant) will have their first and final chance to argue against allegations made by a sly ex-partner. More worryingly, if a father fails to figure out how to defend himself against a restraining order at this court hearing, or hires an inexperienced lawyer to do it on his behalf, the restraining order simply becomes permanent!
Too many fathers are being caught out by these two factors when it comes to obtaining custody of their kids. They don’t even get a chance to fight “his word against hers” until the second court hearing, because the first court hearing grants the temporary order on his name without a single shred of defense, never mind evidence.
About the Author
Adam J. Jenkins runs the Fighting A Restraining Order website, which aims to show fathers how to win a custody battle during the divorce process.
Author: Justin
In divorce, one of the biggest concerns for many fathers is their child custody rights. An attorney is the best resource for specific information regarding family law issues such as child support and custody, but there are some general rules that apply to most cases.
For instance, if the couple is not married, the male partner is not automatically assumed to be the child’s father even if they are listed on the child’s birth certificate. On one side of this problem is the mother who has no right to collect child support, while on the other side is the father who has no legal visitation or child custody rights.
Paternity must be established before either party may obtain these rights. Either party may request a paternity test to determine or confirm that the individual is in fact the father of the child or the individual may sign a document stating that they are the biological father.
If the parents are married, it is assumed that the male partner is the father and paternity does not have to be established.
In cases where the parents were never married, court orders must be obtained for child support, custody and visitation rights. Without court orders, the non-custodial parent has no legal right to see the child and the custodial parent could stop visitation rights without warning. However, if court orders are in place, the custodial parent must abide by the court orders.
Each divorce case differs in some way. In cases where one parent is considered harmful to the child or it is considered in the child’s best interest not to have contact with the parent, the Court may prohibit that parent from contacting the child. If this is the case, seek legal counsel to discuss your case and your options.
Article Source: http://www.articlesbase.com/fathering-articles/a-dad039s-rights-in-child-custody-cases-2126245.html
About the Author
A large majority of the dad’s will never take action towards exercising their legal parental custody rights… If you are not one among them, take advantage of the law now and get a court order to maintain your relationship with your child – Diefer Law Group
There are federal laws that are in place for child custody, but each state will have their own laws as well. It pays to do your research, know the laws and be prepared. Click on the book below to find out how you can get information for child custody in your state!
Hi to all of you single fathers! At SingleFatherHelp.com, we have been looking for information and publications to help all of you in the child custody area. For answers and solutions to many of your child custody questions and problems, go to our child custody section on our website. (www.singlefatherhelp.com/custody.html) or CLICK HERE!
I logged on to my facebook account this morning and saw a very surprising friend request that I have not yet accepted, and have been thinking about all day. This has had me questioning forgiveness and what the lack of forgiveness could say about me as a person.
I am the product of the stereotypical deadbeat father. One of earliest memories is waiting on the porch for my dad to pick up my sister and me. Well that pick up never happened and he was never seen or heard from again. My mom did try to track him down thru the court system once, but he quit his job and disappeared again. These are the type of men who have made life so difficult for all the real men out there who look at their children as there sun, that they revolve around, and would be destroyed without.
Later my mom did meet, and marry a single father who took my sister and me into his life as if we were his own. The world is full of these fathers, but you won’t see or hear about them on the news, and regardless of politics, you have to respect vice president Biden for being a father that was there to raise his two sons after the tragic loss of his wife and daughter.
I try to be a good person, to take responsibility for my actions, give everyone a chance, and be a forgiving person. These values have been in question to me today since I saw a facebook request from my biological father this morning. This man left over thirty years ago, was not there for any part of my life. I think the only part of character building he had on my life was that I swore thru out my life that I would never do to my children what he did to his. I don’t feel anger toward this man; I really don’t feel anything about him. He is just a stranger out on the street. Perhaps I am a little angry; I’m trying to weigh the pros and cons of contacting him. This has been a lot tougher decision then I would have ever thought. Well I have some soul searching to do on this subject. I will keep you posted.
I recently took a road trip to South Carolina. The plan was to visit my sister and her two kids whom I had not seen in over a year. So we loaded up our gear and it was off to the Charleston area we went, if I had known all the events that would unfold in the following days I would never have gone.
I was able to pick up my niece and nephew on the morning I arrived in town. I had never been to Charleston before so I knew this was going to be a learning experience. The first place we went to was folly Beach, wow what a beautiful place. It reminded me of some towns in Southern California I had been to while I was stationed at Camp Pendleton. We had the beach all to ourselves; this probably had something to do with the subarctic temperatures and gale force winds, none of which the kids noticed.
After what must have been 48 hours there interest in sandcastle engineering and seashell scavenger hunts started to fade, and hunger was setting in. This was music to my ears, we loaded up, and I checked the car mirror and was relieved to see that all my teeth had not broken down to nubs while they were chattering away during this near hypothermic experience, as for my newly blue skin, well I just hoped that would return to normal.
I was told before heading north that if you go to Charleston, you can’t leave without seeing angle oak, so that was our next destination. Angle oak is said to be the oldest thing, living or man-made, east of the Rockies. The tree is estimated to be 1500 years old, and it is something spectacular to see. There is no charge for parking or visiting angle oak. It was majestic but there is only so long 3 and 4 year olds want to look at a tree, so off we went.
The next stop was a park I found while searching online, thank goodness for smart phones with navigation and internet. James Island county Park was our destination. This is another amazing bargain at around a dollar per person. They have everything from camping and trail hiking to Christmas light shows. But what brought us there was the playground. James Island Park has the best playground I have ever been to. It is huge and has everything from swings to climbing walls, I was jealous that there were no playgrounds like this when I was a kid.
This post was originally going to go in another direction, but I think I will save that for another day, and just keep this one as a continuation of yesterdays search for summer events. So dads send me some more ideas for day trips so we can get them posted. And have fun at any St Patrick’s Day parades’ you might be heading to today.
