Gathering Evidence for Your Child Custody Case

Going through a divorce and establishing child custody requires a lot of preparation and paperwork. It can start to feel like a full-time job in itself, which is one of the many reasons why you should hire a child custody attorney near Owings Mills to do the heavy lifting for you. Your lawyer will guide you in collecting the evidence necessary to present a compelling argument in court.

Parent-Child Contact

If your child isn’t currently living with you, make an effort to contact your child frequently. Call or use video conferencing software to maintain your relationship with your child, and to help him or her cope with the significant changes of divorce. Each time you speak with your child, keep a record of the date, time, and duration. Make notes about whether the other parent attempted to discourage contact between you and your child. If your child is currently living with you, you can still keep a record of contact between your child and the other parent. If the other parent doesn’t have frequent contact, the judge might think that there isn’t much of a relationship between them. Alternatively, the judge might consider whether you are discouraging contact.

Parent-Parent Contact

Family court judges frown upon contentious interactions between parents when a child is a witness. Never provoke an argument, and never contribute to one. Instead, keep a record of all the times your ex disparages you in front of your child, shows an unwillingness to co-parent, or shows signs of mental or emotional instability.

Visitation Logs

Judges like to see that both parents are encouraging the child to have a healthy relationship with the other parent. If your child currently lives with you, you should support a robust visitation schedule with the other parent. If you’ve moved out of the family home, make every effort to see your child regularly. Both parents should keep records of when the visitation occurred, how long it lasted, and whether the visiting parent was late for the pick-up or drop-off. Additionally, make notes about whether the child was returned to you hungry, unhappy, or injured—or with homework incomplete.

How a Prenuptial Agreement Can Impact Your Divorce

Given the consistently high divorce rates in modern times, many couples consider it prudent to establish a prenuptial agreement before the wedding. A prenup can protect both spouses, although each of them should consult their own family lawyer in Owings Mills before signing the document. If the marriage doesn’t last, a divorce attorney can offer state-specific guidance regarding the impact of the prenup on the divorce settlement.

The Benefits of a Prenup

Divorce doesn’t always have to be a long, drawn-out process filled with arguments and ill will. Divorce mediation is a viable alternative, and having a prenuptial agreement in place may make mediation more likely to succeed. That’s because a prenup can take care of many of the issues that need to be settled before a divorce is finalized. Even if mediation doesn’t succeed in settling the rest of the issues, or if you and your spouse would rather not try mediation, having a prenup in place can lessen the headaches of a court proceeding. It may reduce discovery, and in doing so, reduce legal fees.

The Disadvantage of a Prenup

The main downside of prenuptial agreements isn’t one that will apply to every divorcing couple. It will occur if your spouse decides to contest the validity of the agreement. Your spouse will need a legally acceptable reason for asserting that the agreement is invalid. Even if grounds to contest the validity are lacking, the process of proving the validity of the document can make the divorce take much longer. A valid prenup is one that was not prepared or signed with any of the following present:

  • Fraud (i.e., hiding assets)

  • Duress or coercion

  • Incompetence

  • Undue influence

  • Mistakes

  • Unconscionable or grossly unfair

It’s worth noting that most prenuptial agreements are found to be valid. If you had your prenup prepared by a family court lawyer, it’s almost certainly going to hold up in court.

The Ways Your Prenup Can Work for You

The exact ways in which your prenup will affect your divorce depends on its provisions. Bring a copy of the agreement to your consult with the lawyer. Your prenup may affect the following areas:

  • Retirement accounts

  • Alimony

  • Life insurance policies

  • Division of debts and assets

If you share children with your spouse, your prenup cannot legally affect child custody or child support arrangements.

A Divorced Dad’s Guide to Co-Parenting

Co-parenting is much more than just exchanging the kids for visitation. It’s the process of working collaboratively and amicably with your ex for the sake of your kids. Divorce experts tend to agree that co-parenting is the most effective way to raise kids who are well-adjusted and have healthy relationships with both parents, despite the parents’ divorce in the Owings Mills area.

Watch this quick video for some helpful tips on successful co-parenting. You’ll learn the value of reaching out to professionals, like counselors and divorce mediators. You’ll also learn that child custody and visitation agreements might be modified as circumstances change and the children grow older. Always remember to prioritize the well-being of the kids, and set aside the personal feelings you have toward your ex.

Will Remarriage Affect Your Child Support Payments?

In most cases, getting married again after a divorce will not affect a parent’s obligation to pay child support or the right to receive it. Since divorce-related laws do vary from state to state, you should consult a family law attorney near Owings Mills for legal guidance for your specific situation. If you are the noncustodial parent who is paying child support, you should not expect to have the payments increased solely because you remarried. Child support law doesn’t confer responsibility for the children to the new spouse.

If you are the custodial parent who is receiving support payments, you should continue to receive the same amount as before you remarried, regardless of whether your household now has two incomes. Some custodial parents who remarry consider canceling the child support agreement altogether. However, it’s still the noncustodial parent’s obligation to provide for the children’s needs. If child support payments aren’t needed for daily expenses, they could be contributed to a college savings fund instead.