Child Custody Case Simplified: Understanding Your Family Law Attorney's Role
Navigating the Complexities of Child Custody Cases: What to Expect from Your Family Law Attorney
Child custody cases are never easy and involve a lot of draining emotions. The issue of the children’s best interests is essential, though often contentious. While protecting these interests, a parent who fails to assert their parental rights may jeopardize or lose their parental role. The high stakes involving child custody cases demand that you employ a competentScottsdale child custody attorney to help safeguard your parental rights.
But how will your family law attorney help you? Let’s find out.
Experience in Family Law
Family law involves legal matters touching on the family, which is an emotional and sensitive practice field. A lawyer with experience in family law has an in-depth understanding of family law legal proceedings. The attorney should also have ample expertise to represent you in court and must have up-to-date knowledge of judicial changes affecting family law.
This knowledge of judicial changes allows them to maintain appropriate procedural standards and not get caught flat-footed. With the emotional nature of custody cases, you need a professional lawyer with enough finesse and level-headedness to advise you throughout the process.
Your attorney should have the expertise to help you navigate emotions and stop you from making rash and emotional decisions. The attorney should also give unbiased advice to help you broaden your perspective on the case. This advice helps you to make level-headed compromises that reduce tension between you and your partner.
Laws that govern custody cases differ in each state. It would be best if you got a lawyer who practices in your jurisdiction and understands the laws to which your custody case applies. A family lawyer with years of experience in your area understands the local court procedures.
But what happens if your co-parent lives in a different state? In such a situation, your lawyer will use the Uniform Child Custody Jurisdiction and Enforcement Act. The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) states that when a state exercises jurisdiction and enters a custody order, all states must give this order full credit and faith. This means that you need a lawyer to get you a hearing in court to modify visitation, custody, and child support.
Dealing with custody cases is sensitive. Hire an attorney with whom you feel comfortable. You need a family attorney who is forthright on the case procedure and will speak on your behalf with a proper approach. Use the initial consultation to lay out your expectations.
Examine the lawyer’s demeanor and responsiveness to your case and decide if you are comfortable with them. Be clear on the type of communication you need and the regularity of updates, and highlight the communication medium (email or phone). Ensure you can speak directly to the lawyer, not a third party when needed.
The family lawyer you choose should be clear on what they charge as legal fees. Expect full disclosure and no ambiguity in the process and any costs thereof. Your family lawyer should tailor their fees to fit your budget.
Family law attorneys ask their clients open-ended questions. These questions help them determine strategies for your defense, especially in child custody battles. The more the lawyer understands you and your situation, the better they can represent you. This, in turn, makes your lawyer an active listener, as they want to record everything you say.
Recommendations and Legal Strategies
Your child custody lawyer makes recommendations based on your disclosed details. For instance, if the lawyer thinks you are very busy, they may recommend getting a family member or nanny to help or going for joint custody, which will improve your chances of winning. Your lawyer is there to help you build a case and guide you on options that will work for all involved parties.
A family court prioritizes the child’s best interests in custody cases. Your custody lawyer should draw a custody petition with evidence proving your custody request aligns with the child’s best interest standard. Evidence could include:
Taking the evidence of an older minor.
Showing you have a suitable home environment.
Proving there is an emotional bond with the child.
Helps You Protect Your Parental Rights
Having a family law attorney makes it difficult for the other party to box you into a corner and agree to things you would usually never agree to. Your attorney appears in the case file, and you do not have to miss future court date notices or other custody-related deadlines. You can protect your parental rights by never missing any custody-related deadlines.
Helps You Understand the Custody Process and What to Expect
Child custody cases can become very complex. They involve lengthy processes, intricate processes, and tons of paperwork. Your attorney should know the Family Court requirements and rules and how to follow the Rules of Civil Procedure to avoid hurting your custody case.
Therefore ensure you get an experienced attorney who understands the process and tells you what to expect when the court makes a ruling. The lawyer's experience and advice will enable you to make better decisions for yourself and your children while maintaining your rights.
Pursue Modification of Child Custody Order
Only a court can change an order in a child custody case. However, the law does allow alterations to be made depending on several reasons. One reason includes two parents agreeing to a change. However, they must go to court to enforce the change. Your family lawyer can help write a petition following the law and pursue it in court to have it altered.
Advise You on Multiple Issues
Your lawyer should have the expertise to advise you on various issues that crop up during the custody case, such as
The other parent refuses to adhere to the visitation schedule or court order.
The other parents have plans to relocate with the child without informing you.
Child custody cases are delicate, and they require careful and discreet handling. These cases always look to the child’s best interest, which may not always be the best. Your family law attorney should have multiple skills, such as communication and listening skills, patience, tact, and restraint.
Therefore, ensure you research before settling on a family law attorney. Ask for referrals and check their years of experience, reviews, and track record online before you engage them. If you still don't know where to find a family law attorney, you can always contact Genesis Family Law and Divorce Lawyers in Scottsdale AZ. We have over 20 years of providing family-related legal services. For more information on the services we offer, you can check out https://familylawattorneymesaaz.net/scottsdale/child-custody-lawyers-in-scottsdale-az/.
Name, Address, and Phone
Genesis Family Law and Divorce Lawyers in Scottsdale AZ,
Family lawyers are legal practitioners that are trained and authorized to handle family law cases. They're the go-to legal practitioners for cases such as divorce, child custody, change of names, guardianship, adoption issues, and other cases related to family law. When it comes to choosing aScottsdale family lawyer, it's essential to consider some factors so that you'll choose a good family lawyer that is right for your case.
Continue reading to discover the tips that will guide you to finding and hiring a reputable family lawyer.
Tips To Finding A Good Family Lawyer
Asking for referrals from others who have already used the services of a family lawyer is an excellent place to start your search for a reputable family lawyer in Scottsdale. Such people can give a detailed account of their experience with their family lawyer, and they're in a good position to recommend a family lawyer. Most times, if a previous client highly recommends a family lawyer, it indicates that the client was pleased with the services offered.
Check Online Reviews
In addition to word-of-mouth recommendations, conduct detailed research online. You can start by searching for reputable family lawyers in your location. For instance, if you're a resident of Scottsdale, Arizona, you should search for a good family lawyer serving Scottsdale. When you find a couple of family lawyers serving your location, take a step further by visiting their website to find out about the services they offer, as well as check out their reviews.
Try to read the reviews on the websites of various family lawyers as well as the reviews on other websites that rate legal professionals. The reviews will give you an idea of what the lawyer is like; they can also enlighten you about the family lawyer’s skills, personality, and approach to cases. Additionally, reviews can also give you an idea of how much experience the lawyer has in handling cases related to yours.
Education and Credentials
The education, credentials, and certification of a family lawyer are all crucial things to consider when hiring a family lawyer. The credentials and certification of a potential family lawyer indicate that the lawyer has undergone the right training and examinations and has become qualified to handle family law cases.
Hence, it is important to carefully research the credentials and background of a family lawyer before making an appointment with the lawyer. You can check out the local bar associations' websites to find out about the certification of your potential lawyer. There are also other websites that offer this information, but they may not list every single detail about the attorney's educational background or qualifications.
Area of Specialization
A good family law attorney is more than just someone who knows the law and has the right qualifications. They need to be knowledgeable about your case as well as have experience in dealing with similar matters.
As an example: if you're filing for divorce or custody rights, look for a family attorney who has quality years of experience in handling divorce cases. One major benefit of hiring an experienced family lawyer is that such lawyers are usually familiar with the ups and downs peculiar to various family law cases. This means that they can easily navigate through everything involved in your case.
How Long Have They Been Practicing
To know a family lawyer's level of experience, you can visit their website to find out how long a lawyer has been practicing. Another option is to contact the lawyer directly to find out about their experience and how many cases similar to yours they've handled in the past. When you choose an experienced family lawyer, you can rest easy knowing that your case is being handled by a professional.
Schedule a Consultation Session
When you've narrowed down your search for a family lawyer using the criteria mentioned above, the next step is to schedule an interview with your potential family lawyer. You can do your interview via phone or during a physical visit to the lawyer's office. During your interview session, you can take note of the communication skills of your potential lawyer and also ask as many questions as you need to.
The questions that you ask a family lawyer can help you make the right decision when making your final selection. Here are some of the questions that you can ask them:
How long have they been practicing law?
Can they handle your type of family law case?
How will they charge for services?
Do they offer a free consultation?
How long will it take to finalize your case?
What are the possible outcomes of your case?
What are their fees, and what services do they offer for these fees?
Consider Your Budget
Many people agree to hire a family lawyer without considering their finances. This is usually because they are in such a hurry to get the problem solved. But this is not the right way of going about it. You need to have a budget in place before you hire a family lawyer; if you don’t, it can unnecessarily stress your finances.
Importantly, suppose you have a limited budget for hiring a family lawyer; try not to base your choice solely on how cheap a family lawyer is. Remember that family law cases are sensitive ones, so you need your case handled efficiently and effectively. Therefore, endeavor to choose a family lawyer that will offer you top-notch services at a reasonable cost.
In conclusion, when you hire a good family lawyer, the attorney will be able to help you navigate all of the issues surrounding your family law case, from the mundane legal issues to the more complicated legal matters. Fortunately, there are many great family lawyers out there who can give the best legal support and representation. By following the steps mentioned above, you are sure to find one that can help you.
You may trust your spouse – but does your spouse trust you?
You may have something to hide or you may have nothing to hide, but either way knowing that you’re being spied on feels like a terrible invasion of your privacy. You need the help of an experienced family law attorney to navigate the complexities associated with spousal spying during a divorce or custody case.
Some forms of spying aren’t just offensive – they’re illegal. Information a spouse uncovers about you via illegal spying can’t be used against you directly in a divorce action or custody battle. However, if the illegally obtained information leads to legal sources of information, and your spouse can cover his or her tracks, then your spouse’s spying could end up hurting you in court.
The fact that your spouse is spying on you is also a warning sign that your relationship is in serious trouble.
Why Would My Spouse Spy on Me?
Your spouse might spy on you for any number of reasons.
Most commonly, spouses who spy are looking for evidence of an affair. But spouses may spy for other reasons as well:
A spouse may spy to see if you’re drinking, using drugs, or spending time with people your spouse consider dangerous or a bad influence (such as an ex).
A spouse may be concerned that you’re secretly spending more money than you should, or stealing from a family business.
A spouse may suspect that (like Don Draper in Mad Men) you’re only pretending to go to work.
A spouse may wonder whether you’re actually going to college classes – especially if he or she is helping to pay your way.
Some people are just suspicious – paranoid even. If your spouse has been cheated on in the past, then he or she might be particularly concerned about it happening again. If you’re the one who cheated before, then your spouse has good reason to be suspicious.
Some people are insecure. An insecure spouse might want the reassurance that you’re not cheating or lying.
Some people are controlling. They know knowledge is power and they want to have power over other people. Knowing what you’re up to – even if it’s completely innocent – makes them feel like they’re in charge.
If you are cheating or otherwise hiding something, then you may be leaving clues all over the place – a whispered phone conversation, a quick change of computer screens, unexplained expenses, etc. Maybe your spouse has asked you straight out about these things; maybe he or she is afraid to. Maybe your spouse just wants to know the truth – even if it hurts – so he or she can get on with life… maybe without you.
Your Spouse Might Also Be Spying To Get an Advantage in a Divorce or Custody Fight
In Arizona, a spouse is entitled to alimony if he or she is dependent on the other spouse and if the court concludes that awarding alimony would be fair under the circumstances.
One of the factors a court will consider is marital misconduct by either spouse. If a court finds that the supporting spouse committed adultery, then the court must order the supporting spouse to pay alimony to the dependent spouse.
If the supported spouse or both spouses committed adultery, then the court can use its discretion to either award or deny alimony to the supported spouse.
It’s not considered “marital misconduct” if one spouse condoned the adultery of the other. Thus, if one spouse knew that the other was cheating, and forgave or accepted it, then the court would not consider infidelity a factor in awarding alimony.
The same issues apply in the case of post-separation support.
Courts can also take adultery into consideration when making decisions about child custody.
Although an affair will not generally be an issue when it comes to the division of property, if a cheating spouse spent significant marital assets on the affair, then the affair is relevant. For example, did the cheating spouse buy expensive gifts (such as jewelry) for a lover? Did the cheating spouse spend money on hotel rooms or vacations with the lover, or even set him or her up in a “love nest” apartment?
Criminal Conversation and Alienation of Affection
A spouse who suspects an affair may spy in order to uncover evidence that could support the filing of a civil lawsuit for criminal conversation or alienation of affection against the spouse’s paramour.
The lover may be required to pay damages for:
Loss of consortium (marital affection and fellowship, including sex),
Damage to health (due to stress and other factors), and
Loss of financial support by the cheating spouse.
The injured spouse may also seek punitive damages against the lover.
How Can I Tell if I’m Being Spied On?
Your spouse may be spying on you in any or all of a number of ways:
Monitoring your mail, email, phone calls, and/or text messages
Monitoring your use of social media (such as Facebook)
Tracking you or your vehicle using GPS
Having you “bugged”
Watching you via video surveillance (including via a “nanny cam”)
Having you followed by a private investigator
Following you personally
Email and Internet Monitoring
Your spouse may not need any special software or gadgets to check your email. He or she may simply check your computer or smartphone when you’re not using them, if they’re not protected by a password.
Your spouse may also know (or be able to guess) your passwords and get into your email and Internet accounts that way.
Your spouse may also install spyware in your computer or cellphone that will allow him or her to remotely monitor your emails and the websites (including dating sites and chat rooms) you’re visiting.
Keystroke logging (also called keylogging or keyboard capturing) software and hardware can allow your spouse to track every character you enter – including passwords to your personal financial accounts. There are tools (such as this one) you can use to detect whether there’s a keystroke logger installed on your computer.
So how else can you tell if you have spyware on your computer?
An anti-virus program, such as McAfee or Norton, should be able to detect spyware (or prevent it from being installed in the first place). If you don’t have anti-virus protection on your computer, you should get it for a lot of reasons – spying by your spouse is the least of your worries.
Cell Phone Monitoring
Your spouse may be able to install a program like phonesheriff INVESTIGATOR that allows him or her to view your text messages, call history, GPS location, contacts, photos, and other information. This particular program works by intercepting your iCloud backups, so if you change your iCloud password it will stop working.
If your Apple iPhone is “jailbroken,” then it’s especially vulnerable to spyware.
If YOU didn’t jailbreak your phone, then your spouse may have done it in order to install spyware. Here’s a site that will let you find out and restore the phone to the factory settings. Make sure your phone is backed up to iCloud before you reset it!
Landline Monitoring and Other Bugs
Your spouse may have the expertise or resources to bug your home, office, car or (landline) phone. Here are some signs that you might have been bugged:
You notice odd sounds or volume changes on your phone.
You can hear sounds coming from your phone even after you hang up.
Often when your phone rings there’s nobody there, but you can hear a faint tone, squeal, and/or beep.
Your TV or FM radio suddenly develops interference.
Your electrical wall plates are out of place.
You notice white-wall dust or debris on the floor.
Although it’s sad to feel that you have to “look a gift horse in the mouth,” a present from your spouse in the form of an electronic device (such as a clock radio, boom box, or CD player) or even a teddy bear may hide a bug or a surveillance device.
How can you tell if you’re being followed?
Be aware of your surroundings. Don’t always be staring at your cellphone or listening to music. Really notice the people you see and the cars that drive by.
If you’re driving, slow down, and notice if a car behind you slows down too. If you’re on a highway, pull into the right lane and drive the speed limit (or just below it).
If you’re walking, stop suddenly. Have your phone set up to take a “selfie” and then use it to peak behind you and see if someone’s waiting for you to start moving again.
Although this is an old-time thriller cliché, you can also hire a private detective to find out if you’re being followed and “follow the follower.” You can read more here about hiring a private investigator.
How Should I Respond When I Learn My Spouse is Spying on Me?
You have several options when you discover that your spouse is spying.
One response is to be totally open and totally transparent. Admit to any wrongdoing and seek counseling to repair the damage to your relationship.
If you haven’t done anything wrong (and don’t plan to), offer to share passwords and “friend” each other on all of your social media accounts. Install an app such as GPS Tracker in your smartphone that will let your spouse see where you are at all times.
Another response is to explore why your spouse felt the need to spy on you. Is the problem with your spouse, with you, or with your relationship? You may need couple’s therapy to resolve these issues.
You can also decide to make it much harder for your spouse to spy on you, and hope that he or she quits trying. For example, you can use (and change) passwords on all your devices, use anti-spyware software, and have your home and office swept for bugs.
You may decide that the spying indicates your marriage is irrevocably broken and seek a divorce.
If you feel your spouse should be punished for violating your privacy, and especially if you think that your spouse may be a danger to you or to others, you can seek criminal penalties or civil remedies.
Criminal Penalties for Spying
Some forms of spying are violations of state or federal law.
For example, if your spouse is found guilty of violating the Federal Wire Tapping Act, at a very minimum he or she can be ordered to stop the illegal acts. For example, a court can order him or her to remove spyware from your phone or computer, stop recording your calls, etc.
If your spouse previously violated the Act and continues to do so, he or she can be subject to fines of $500 for each violation.
Your spouse can also face up to five years in prison for violating the Act.
Violation of the Arizona Electronic Surveillance Act is a Class H Felony. Damages to the victim are calculated at the rate of $100 per day, or $1000 total, whichever is greater. Under the state law, you can also recover punitive damages to punish your spouse, and attorney’s fees to pay your lawyer.
Civil Suits for Spying Spouses
Under Arizona law, you can bring a civil action against your spouse (or former spouse) for invasion of privacy by intrusion.
This tort is defined as follows:
One who intentionally intrudes, physically or otherwise, upon the solitude or seclusion of another or his private affairs or concerns, is subject to liability to the other for invasion of his privacy, if the intrusion would be highly offensive to a reasonable person.
Feel free to contact us at https://familylawattorneymesaaz.net/ for expert guidance if you’re facing an imminent divorce or considering divorcing your spouse. At Genesis Family Law and Divorce Lawyers, we are proud to represent you!
Our team of family law attorneys and divorce attorneys look forward to helping you when you need it most. With over two decades of aggressive divorce, child custody, child support, and divorce mediation representation we will not allow you to be taken advantage of. We believe in making a difference in the lives of our clients and their children.
Mesa, AZ – Office
Located in Mesa Arizona, on Val Vista and Southern Avenue. Our Family Law Attorneys and Divorce Lawyers in Mesa AZ have been helping our clients achieve the legal results they are searching for. Our Mesa Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.
Located On Dobson Road, just North of W. Chandler Blvd, near the 101 Freeway. We have a team of the Best Divorce Lawyers and Family Law Attorneys in Chandler Arizona. Our Chandler Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.
Located in South East Gilbert, Near Higley High School on Pecos Road, West of Power Road in the Power Ranch Neighborhood. Our Gilbert Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.
Located in the Community of Anthem in Florence Arizona, off of Hunt Hwy. Our Florence Law Firm is staffed with family law attorneys that offer Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.
Located in Glendale. Our Glendale Law Firm offers Divorce Mediation, Uncontested Divorce, Contested Divorce, Legal Separation, Female Divorce Lawyers, Annulment, Child Support Issues, Child Custody, Military Divorce, Parenting Plans, Prenuptial Agreements, Postnuptial Agreements, Grandparents Rights, Paternity, Order of Protection, Name Change and all Family Law legal issues.