Grandparents feel out of touch when it comes to issues of child custody and divorce. While they undoubtedly love their grandchildren, the tension involved with a divorce can cause them to be overlooked by the natural parents. But what many grandparents don’t know is that they too have a say in the custody hearings. Every state now recognizes grandparents as immediate members of the child’s family. This means they can fight for things like visitation rights if they don’t feel like they have been treated fairly.

In cases where both parents are dead, or for instances neither parent can provide a suitable home, grandparents can be considered for legal custody. The court always looks to place children with a blood relative whenever possible. The process gets slightly more complicated when there are multiple siblings and grandparents who qualify, and in these cases a formal custody hearing with all parties is conducted. Parents who would prefer to have their parents look after the children in the event of death should make sure they have the proper legal documentation in place to expedite the process.

Visitation for grandparents after a divorce is an issue is much more common these days. Many spouses will try to use the children as bargaining chips for their own selfish desires. There are cases where the grandparents are blocked from seeing their grandkids only to spite the other family. Not only is this tactic immoral, but it is also illegal in most circumstances. Grandparents who feel like they have been unfairly excluded should research their rights and get involved with the agency who is handling the divorce case. By making the court aware of the situation in the early stages it is possible to avoid long-term problems down the line.

Petitioning for grandparents custody or visitation rights requires that they show a history of involvement with the child as well as sufficient means to care for them. While visitation rights are rarely denied in court, they can be granted with restriction. For example, the judge may require a parent be present for all custodial sessions or they may grant partial custody, which allows for unsupervised visitation for a certain amount of time each month. If the grandparent believes there will be issues with securing visitation time then they should make it a priority to seek involvement with the custody hearing. In the event they get resistance from either parent then the next step is to hire an attorney and file their own petition for custody.

There are many different types of child custody situations, but the one that receives the least amount of discussion are those that involve grandparents. Most people would agree that the love and nurturing of a grandparent is an important part of a child’s development. Having exposure to the experiences and knowledge of our elders helps us to navigate the through the peaks and valleys of life. Unfortunately there are rare scenarios when one or both parents try to prevent the grandparents from seeing their grandkids. This can be a stressful situation to deal with, but the grandparent should recognize that they do have rights, and they are entitled to use these rights to gain visitation privileges.

No one should keep you from participating in your grandchildren’s life. Learn more about custody.com/custody_Rights_for_Grandparents.html” target=”_blank”>custodial rights for grandparents by visiting custody.com” target=”_blank”>Obtaincustody.com

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There are few more heart-rending events in one life than divorce. Clearly, getting divorced is one of the most difficult decisions one can make — for both those divorcing as well as children that may be involved — and its emotional and mental effects can cloud important decisions that need to be made throughout the painful process.

As a result, it is best to try to separate oneself as best as possible from the emotional parts of the proceedings and try to take care of the little details that will affect both parties for many years into the future. Studies show that women, in particular, suffer a drop in standard of living of approximately 30 percent as a result of divorce.

Therefore it behooves a woman to pay particular attention to the things that can affect that standard of living in the future. There are tools out there for keeping records straight, and giving advice on the types of records that will need to be acquired throughout the process.

If you are considering this process, you might well consider consulting a certified financial planner that is skilled in divorce proceedings. They will help prepare you for financially before you start your divorce, and they can point out areas of your potential settlement that will have repercussions into the future.

One fo the first things that advisor will tell you is to not make any large purchases that will add to "community debt." This will only make things more contentious and the liability will most certainly be a shared one, meaning that you are spending your own future resources by making a large purchase at this tenuous time. You may also consider putting a freeze on joint credit accounts as well, for this same reason.

Also to consider is whether you are entitled to interim support during the proceedings. This is of particular import in proceedings where contention and contestation are expected. This can drag proceedings on for a long time, leaving you to fend for yourself until a settlement is reached. By then, your credit may be stretched as thin as your emotions.

Also remember this small tidbit when thinking about your long-term future: pensions and retirement accounts are considered to be joint, and therefore you may ask for your percentage of those accounts in a divorce proceeding. Remembering this simple fact may make a big difference to you well into the future.

Visit divorce.com” target=”_blank”>http://delmardivorce.com to find a law office of divorce.com” target=”_blank”>divorce attorneys in San Diego. Art Gib is a freelance writer.

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Child custody is the term that is used to describe the legal and practical relationship between a parent and child. It is the legal term which means that particular parent is able to make decisions for the child and it is the parent’s duty to care for the child.

There have however been some changes regarding the terms which are used when it comes to child custody cases. A prime example of this is the Nations Convention on the Rights of the Child have declared terms such as ‘custody’ and ‘access’ as outdated so you may, in some cases see these terms referred to as ‘reside’ and ‘contact.’

Issues regarding who is granted custody and contact of a child are the most pressing when they are involved in a divorce proceeding, annulment or other legal process. In cases such as this a decision needs to be made regarding who the child will have their main point of residence with and what type of custody is granted. These decisions can often involve a lengthy court battle but however the decision is made it will only be made with the best interests of the child in mind. So what are the different types of custody that are available?

There are two main types of custody when it comes to child custody involved in divorce; these are exclusive and joint custody. Both of these are pretty much self explanatory. In exclusive custody a court will award the custody of a child to one parent. It is this parent that the child will reside with and have the most contact with. In cases of exclusive custody that parent that it is granted to is the one that makes most of the decisions involving the child. The parent who isn’t granted exclusive custody may receive supervision rights or in certain cases, supervised visitation rights. This basically means that they will be able to see their child but only on certain days and at certain time, again these times will generally be decided by the parent with exclusive custody but will be done in a way so it fits in with when the non-custodial parent is free as well.

In cases of joint custody both of the child’s parents will be granted equal rights when it comes to the decision making regarding a child’s upbringing. Courts award joint custody for cases in which both parents can properly perform their duties as parents. There are cases however when joint custody has been awarded, where one parent will try and sue for exclusive custody. Even though this is within your rights, it will only be considered if you can prove that this is in your child’s interest. The courts will only make their decision of custody based on what is best for the child.

When deciding on what is best for a child, aspects such as the wishes of the parents, the wishes of the child and the child’s relationship with each of their parents as well as their siblings are taken into account. Also aspects such as the child’s comforts in their home, school and community as well their mental and physical health is taken into account when it comes to deciding what custody should be awarded.

No decision about child custody will be made without looking into factors that will affect the child. Whatever custody that is awarded will be done for the best interest of the child that is involved. A divorce is hard enough on children; the last thing that anyone wants in these situations is to add extra hurt, upset and pressure on a child.

The Law Offices of Jannelle J. Zawaideh are Michigan Divorce Attorneys with payment plans to suite your budget. If you are looking for a custody.html” target=”_blank”>Michigan Child custody Lawyer or an Oakland County Michigan Divorce Attorney call us today at 248-356-0600.

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Getting a custody court order that you are happy with is the goal in any custody situation. The custody order is when your parenting plan or custody agreement is accepted by the court and it becomes a legal document. The terms and conditions about custody and visitation that are in the order are the laws that govern your custody situation. Because this is so important, you want to do everything possible to make sure that you like your order. One way to help ensure that you get the order you want is going through child custody mediation.

Child custody mediation helps divorced parents come up with a parenting plan and child custody agreement that they are both happy with. This means that the parents can then go to the court and submit their plan. Since both parties agree on what they are submitting, the court will generally just accept the plan. This means that everyone is happy with the custody order that is made.

Divorced parents find mediation helpful because they both sit down with a neutral third party to make their parenting plan. The mediator doesn’t take sides and is able to make sure that both parents focus only on the custody issues (many times arguments that erupt during custody negotiations are actually because of other issues with the divorce that a parent brings up). The mediator also allows both parents a chance to express what they want from the agreement and can offer suggestions of how to implement it in a child custody and visitation schedule. People generally behave better with a third party present–so there is usually less vehemence and anger in mediation meetings.

Mediation can help any divorcing set of parents. For those parents who get along and just want some advice for their custody agreement and visitation schedule, they can go to one session of mediation and get the court order they want. Parents who can’t be in the same room without fighting especially benefit from mediation. The mediator is able to help the parents work together to create their parenting plan. It may take a few sessions of mediation, but eventually the parents should be able to agree.

Mediation is also a good way to save some money. Sometimes the court offers mediation services for low prices, and even private mediation isn’t that expensive. It is cheaper than having to go to court multiple times to argue your custody case.

The goal of mediation is for the parents to leave with a plan that they can give to the court to make a custody order. This is the same goal for any parent in a custody situation. Once you get the custody order that works for you and your child, you can focus on being a parent.

Learn more about custodyxchange.com/custody/child-custody-order.php” target=”_blank”>child custody orders and get more information about custodyxchange.com/custody/child-custody-mediation.php” target=”_blank”>child custody mediation.

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Let’s begin with a scenario. The people aren’t real. But, the situation in which they find themselves is all too real. I see it in my law practice regularly.

Mary and Bill recently divorced. The divorce decree states that Bill must pay three joint credit cards. Bill failed to pay off these accounts. Months after the divorce is final, all three creditors contact Mary for payment. She refers them to the divorce decree and insists that she isn’t responsible for the debts. The creditor, however, correctly tell Mary that she is still legally responsible for the account because they are not a party to the divorce decree.

If you’re considering a divorce, you should look closely at issues involving your credit. You should especially devote some time to understanding the different types of credit accounts you may have opened during your marriage. There are potential benefits and pitfalls to each one of them.

During your marriage you may have opened either individual or joint credit accounts. Normally, when you apply for credit - whether a credit card or a mortgage - you’re asked to select either an individual or a joint account.

Individual Account vs. Joint Account

When you open an individual account, only your income, assets, and credit history are reviewed by the credit grantor. And, you are the only person responsible for paying the debt, even if you’re married when you apply for the individual account.

You should understand, however, that in community property states like Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin, both you and your spouse may be responsible for all debts incurred during your marriage.

When you open a joint account, the credit grantor looks at your income, financial assets, and credit history and that of your spouse. Basically, you’re both responsible to pay the bill for a joint account.

Advantages and Disadvantages of Each Type of Account

The advantage of an individual account is that no one else is on the account who can negatively affect your credit score. You alone are reponsible for the account.

But, the disadvantage is that an individual account can be hard to get. It’s especially difficult to get an individual account if you work part-time, have a low-paying job or are not employed outside the home.

The advantage of a joint account is that it’s easier to get one. Applying for a joint account allows you to combine your resources with those of your spouse and present a stronger case of financial strength to the creditor.

The disadvantgage of a joint account is that both you and your spouse remain liable on the account even if you divorce.

So What’s Exactly Does Happen If You divorce

If you’re considering divorce, pay special attention your joint credit accounts. As long as there is an outstanding balance on a joint credit account, both you and your spouse are responsible for that balance, even if the court grants a divorce and orders your ex-spouse to pay that particular credit account.

You have to realize that your divorce decree does not over-ride the joint contract you and your spouse have with the credit grantor. Your creditor is not a party to that decree so your relationship to the creditor is not affected by the decree. The bottom line is that you’re still responsible for the debt if your ex-spouse fails to pay it as ordered in the divorce decree.

You can avoid this problem by closing joint accounts before you file for divorce. The creditor cannot legally close a joint account just because you have divorced. But, the creditor can close it at the request of either spouse.

Alternatively, you can ask the creditor to convert the joint account to an individual account. But, the creditor is under no obligation to make such a conversion. And, the creditor can require you to reapply on an individual basis and then, on the basis of the new application, either grant or deny credit.

If you have a mortgage or home equity loan you want to convert from joint to individual, the lender will probably require you to refinance to remove your spouse from the obligation.

Harvey L. Cox is a licensed attorney, certified mediator and founder of NoLegalese Publishing, a premier self-help legal publishing web site. If you want to know more about your legal rights without the confusing lawyer-talk, go to http://NoLegalesePublishing.com

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