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Tag: vigilant

Father has 50/50 custody. Now ex is trying to take it away. What to do?

I am a father who has exercised at least 50/50 custody with my ex. Now she’s trying to take me to court for full custody and me getting every other weekend visits. How can I avoid losing 50/50 custody?

First, thank your lucky stars you are a father who currently has 50/50 custody of his children. Far, far too many fit and loving fathers who could easily exercise joint equal physical custody of their children and whose children would do nothing but benefit from the exercise of joint equal custody are needlessly and unjustifiably denied a joint equal child custody award by courts who simply cannot bring themselves to believe, much less conceive of, the idea that children being reared by both parents equally is better than relegating one parent to second class visitor status in his child’s life.

Second, the fact that you have been exercising at least 50–50 custody of your children for the past few years helps to make it much harder for your ex to build a case against you for modifying the child custody award in a manner that deprives both father and children of a 50–50 custody schedule. Again, be grateful this is the case, because if you were trying to win 50–50 custody of your children on the first go around during your divorce or other child custody legal action, the odds are grossly stacked against fit and loving fathers.

Third, if you are afraid that your judge is going to discriminate against you on the basis of sex, you need to understand this principle: “if it isn’t close, there cheating won’t matter.” Otherwise stated, you need to ensure that you win six ways from Sunday. you have to bring overwhelming amounts of evidence and proof into court, so that you leave the judge no option but to rule in your favor. Easier said than done, certainly, but now is not the time to become complacent or substitute hope for effort. Spare no expense to preserve your joint equal physical custody award. A necessary component of a winning case is that you are living a life beyond reproach. Get your house in order. If there is anything remotely amiss in your life, correct course immediately, clearly, and permanently.

Fourth, make sure you understand and that your attorney understands what statutory and case law factors and criteria govern the original child custody award and a petition to modify the original child custody award. It may be that your ex does not have sufficient grounds for a petition to modify child custody to survive a motion to dismiss.

Fifth and finally, do not take on a petition to modify child custody alone, without a vigilant and skilled attorneys assistance. There is an undeniable culture of bias and discrimination and prejudice against fathers when it comes to courts making child custody awards. This doesn’t mean that every judge in every court indulges in sexual discrimination against father, but it’s virtually impossible to tell the difference between an impartial judge and a biased one, and so you need an attorney who will not suffer fools gladly, who will defend the joint equal custody award.

Utah Family Law, LC | divorceutah.com | 801-466-9277

https://www.quora.com/As-a-father-I-have-50-50-split-custody-with-my-ex-and-then-some-now-shes-trying-to-take-me-to-court-for-full-custody-every-other-weekend-visits-how-can-I-avoid-loosing-ny-kids/answer/Eric-Johnson-311?prompt_topic_bio=1

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Is it more important for an attorney to have the money or the talent to litigate and win a case (example in the situation of your choosing)?

Is it more important for an attorney to have the money or the talent to litigate and win a case (example in the situation of your choosing)?

There are many factors that bear on whether an attorney will be as successful as possible in handling your case. You asked about money and talent, so I will address those factors.

An attorney obviously needs the talent and skill to handle the case successfully or he/she won’t (can’t) handle the case successfully.

The attorney needs to be solvent and have enough money to keep his/doors open or the attorney can’t handle the case successfully.

Finally, the attorney needs to be paid well enough to do the job well enough.

There are many people in every trade and profession (not just lawyers) whose guiding principle is “get the customer to pay me as much as possible.” Those kinds of people (and lawyers) are to be avoided. Not only because they don’t provide value for the money but because if they have that kind of predatory, self-interested attitude toward you and your needs, they likely don’t have enough intellectual and emotional bandwidth to give your case the attention and work it truly deserves. Which means that kind of lawyer does not have what it takes to handle the case successfully because your success isn’t really that kind of attorney’s goal.

I’m an attorney. I have also been a client. What do I look for when seeking a good attorney for me?:

Honesty and good character. Yes, there are some honest attorneys of good character out there. Yes, they are hard to find, but worth finding, given that being honest is, in my book, the most important trait a lawyer must have.

Skill. A very close second to honesty and good character is skill. No, that’s not quite right. A successful attorney must be as skilled as he/she is honest and of good character. An honest but incompetent attorney isn’t going to do you any good, and an incompetent attorney can often make your situation worse than had you never hired the incompetent attorney.

Diligence/scrappiness. A successful attorney has to be willing to do the work needed. He/she needs to be willing to do the hard things and stay vigilant. This does not mean your attorney is your slave or that your attorney must sacrifice his/her mental and physical health for you, but it does mean your attorney can’t be lazy.

Resourceful and creative, able to improvise when necessary. Litigation and your will throw you curve balls. Your attorney must be able not merely to roll with the punches, but to anticipate as many of them as possible and have the smarts and tools to react to them nimbly and as productively as possible.

One who provides an honest day’s work for an honest day’s pay. In other words, an attorney who delivers value for the money. It’s not always obvious whether your attorney delivers value. Keep your eyes open. Your attorney is not a wizard who can take a sow’s ear of a case and turn it into a silk purse, so don’t expect such a thing. Value is not synonymous with “miracles.” And don’t expect more from your good attorney than value for the money. Pay the attorney what the attorney is worth. No more, no less. If you try to cheat a good attorney, he/she is too wise to allow that, and your attorney will quit.

Utah Family Law, LC | divorceutah.com | 801-466-9277

https://www.quora.com/Is-it-more-important-for-an-attorney-to-have-the-money-or-the-talent-to-litigate-and-win-a-case-example-in-the-situation-of-your-choosing/answer/Eric-Johnson-311

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