Making The First Move In Family Law

Sept. 10, 2013 - PRLog -- From AboutTheChildrenblog.com (http://www.aboutthechildrenblog.com) and AboutTheChildren.org (http://www.aboutthechildren.org)

In a lot of family law matters, parents can feel overwhelmed, powerless or hopeless in the face of an ex spouse that has more money than they do, is more prepared they are or has an attorney handling their case for them and the other parent can’t afford one. As humans, our most powerful weapon is our minds. As such, if you feel that you are being taken advantage of or feel powerless in your family legal issue, there are ways to turn the tide and enforce your rights as a parent. Here are some tips for leveling the playing field if you’re going through a custody battle or dispute over visitation and finding yourself facing insurmountable odds.

Your Ex Has An Attorney, So What? In family law, you don’t necessarily need an attorney representing you in order to resolve the issue. It’s a common misunderstanding about the legal process that you are required to have an attorney. Now in some case a judge might turn people away and tell them they need to get an attorney but usually what this means is that they need to have someone properly fill out the right documents; filling out the documents yourself can be tricky if you don’t know where to start and can be like spinning your tires in the mud in regards to your case if you keep getting turned away. A lot of people may think that having a lawyer increases the chances of winning the case, this is a common misconception. While having a legal professional working on your case is ideal because they can offer legal advice, it is not necessary and most of the time the thousands of dollars you would shell out to such a person is paying for peace of mind more than anything else. Before you take the monetary plunge into the legal community, be sure to do your homework on what your options are and how other organizations can help you with your family legal issue.

Eat Or Be Eaten.Nobody is asking you to be ruthless or cutthroat here, even if your ex is displaying that kind of behavior; remember that the judge only cares about the facts of the case, the way you handle yourself during your case falls under that category as well. Being purposely aggressive or spreading slander about your ex is win your case may in fact hurt your case. However, being proactive and making the first move before your ex can serve you with papers will help you a lot in your case. It shows the court that you recognize a problem within your family structure and you are taking action to get the best outcome for your child; it’s much better to be the petitioner than the respondent. The next question might be, “how do I know when to make the first move?”, this takes a little bit of foresight on your part. You need to be in the know about what your ex’s home situation is like, if they’re involving a new romantic partner in the child’s life at their house and other social factors that can potentially be bad for your children to be around. If you have evidence that your ex is operating beneath the law, is seeing someone that is a bad influence or is not providing a good living situation for your child, get as much evidence as you can and have some papers drawn up if you think it’s a big enough problem to go to court over.

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