If you have reached the point of contesting a juvenile dependency case in court, your family has already been through some extreme experiences. Usually these types of cases manifest because there have been some serious allegations-not necessarily proven-of parental abuse or neglect. Needless to say, it is a messy and sometimes humiliating situation for a parent or other relative to find themselves involved in, especially if they are innocent of any wrong-doing.

Nonetheless, the system is designed to protect the interests of children. While it’s true that children sometimes make false allegations, and other times well-meaning but misguided people meddle in the lives of others, the system must take a “better safe than sorry” approach until the truth is clearly established one way or another.

This usually means that children are taken into care outside of the family, often to foster homes or respite programs, or sometimes to more institutional type facilities. It’s definitely a serious step.

According to Carlsbad juvenile dependency lawyers Fischer & Van Thiel, anyone going to court for such serious matters should definitely seek legal counsel as early as possible in the process. Indeed many parents will have already retained lawyers before the juvenile dependency stage, but at this point it’s never a bad idea to call in specialists or an attorney with training very specific to the area of juvenile dependency law.

Dependency cases involve quite a lengthy process. They begin with three initial hearings, followed by a series of review hearings. The first of these is called a “detention hearing”, which is not quite as terrible as it sounds. The main purpose of this hearing is to make sure that everyone involved has an understanding of what is going on, and why the proceedings have started. At this hearing, a judge may decide to reverse the decision of the child having been removed from the family home, however it is fairly unusual for this to happen. The judge may also make provisions for visitation rights and other such things.

The second hearing is more serious. It is called a “jurisdictional hearing”, and its purpose is to determine whether the allegations of abuse or neglect are factual. This is where having a lawyer is so important, because a slip up here could not only permanently split your family apart, but also could potentially see you facing serious criminal charges. Sometimes this happens simply because the parents or children don’t understand what they’re being asked and give unsatisfactory answers. You definitely don’t want to be in that position, and a lawyer can help you avoid it.

If the matter still has not been resolved in favor of the parents by the conclusion of the jurisdictional hearing, a third one called a “disposition hearing” is held. This hearing is where the judge makes a firm decision about where the child will be placed, or if the child will be returned to the parents. The judge will also make decisions about the possibility of reunification at some point in the future.

Following this, at per-determined intervals there will be review hearings to check up on how the plan is working and try to resolve things in the best interests of the child. Sometimes this will include assessing the possibility of returning to the family home, or to make amendments to the visitation plan. For each stage of these proceedings, a lawyer will make sure your rights are asserted and will make sure you have a voice to represent you in court.

Divorce is a usually an emotionally-charged situation, where parents tend to become very embroiled in protecting their financial and custodial position. Often considerations about child support get pushed aside, when really they should be the primary consideration. Child support payments are normally going to be a long term obligation, and can amount to a substantial portion of disposable income.

Of course the obvious fact is that children can’t be expected to provide for themselves and they will need to be financially supported by their parents. The fact that you have divorced doesn’t really do anything to change the obligation on either parent to continue to contribute to the care and nurturing of the child.

For any parent who genuinely cares about the well-being of their child, child support can be a very real worry. There are two sides to this. A parent who is paying child support may be concerned that the money is not reaching the child or is not being used in an appropriate way. A parent who should be receiving child support may be concerned that it is not paid or is underpaid.

In either situation, a lawyer can help. A prominent Californian child support attorney, Carlsbad based Fischer & Van Thiel, recommends parents should seek legal help the moment a problem arises. Child support payments are a complicated matter and can be notoriously difficult to resolve. This is even more true when one of the parents is uncooperative. And it is especially true when somebody tries to handle the entire process on their own, without the help of a qualified professional.

Even if you feel that the law is on your side, you may not be able to anticipate every strategy that could be employed against you. If your adversary retains a lawyer and you don’t, it’s basically game over, because there are just too many ways you can talk your way into a corner. A competent lawyer knows how to exploit any gaps in your legal knowledge or any mistakes you may have made, and use these things to help win the case against you.

When you have a lawyer taking care of your side of the dispute, you can feel much more confident. Your lawyer will ensure that you’re not victimized or subjected to any kind of unfair treatment. Their job is to stand up for your rights and make sure you have a voice in court, even if it’s not necessarily your own.

If you’re worried about the costs of retaining a lawyer for something like this, don’t be. In real life, lawyers are not as unrealistic and cold as they’re depicted in the movies. While it’s true you will have to pay some legal fees, attorneys are well aware that most of their clients do not have unlimited means at their disposal, especially when it is a child support matter. Fees are realistic and transparent, and you always have a choice.

So if you need help with child support issues, don’t put it off. You should pro-actively seek help as soon as you can, to be certain of the best result for yourself and your children.

Californian residents are fortunate to have one of the most comprehensive and inclusive Child Support systems in the nation. In theory this system is supposed to provide certain legal assurances that children will be properly supported and provided for in those situations where the parents do not live in a continuous familial relationship with each other. In practice, there can be all kinds of circumstances that undermine this assurance or that make the payments less fair than they probably should be.

If you’re faced with either situation, you should consult a lawyer. A leading child support attorney, Carlsbad based Fischer & Van Thiel, recommends that you should seek assistance at the earliest opportunity, as delays can be costly, and may harm the favorability of the outcome for you. A qualified lawyer will know what steps need to be taken and will be able to advise you on the full legal situation that you find yourself in.

Calculating the correct amount of Child Support payments is a complicated process. It takes into account how much income is earned by both the custodial and non-custodial parent (including situations where neither parent officially has custody, or where a third party has custody), who is the “primary care-giver”, whether there are any pre-existing child support orders with which either parent has to comply, and various other miscellaneous factors that need to be taken into consideration.

It makes a difference which parent earns the most income, which parent has custody, and how much time the non-custodial parent spends with the child, including whether that is on a regular basis or not. These factors can cause dramatic variations in the amount of support that would be awarded.

It also can make a difference if the parent is considered to be a “bioligical parent” or not. In the legal definition, a biological parent is one who contributed to the DNA of the child. The amount of difference this makes is not always as much as you may think. In such cases where a non-biological parent is assessed for child support, the situation becomes very complicated indeed.

One very important factor that will make a big difference to the assessment is the length of the relationship that exists between the biological parent and the non-biological parent. Then there is the matter of how and when the child was conceived.

For example, if the relationship between the biological and non-biological parents only came into existence after conception, and where the non-biological parent knew both that a child existed (or was going to exist) and that they were not the biological parent of the child, it would be a fact that the person willingly took on the role of a parent of a child they knew was not their biological offspring.

On the other hand, in the conception occurred after a relationship existed, and it was not known to the non-biological parent at that point that they were not a biological parent, this would make the matter very different. So with all these complications, it is easy to see why having a lawyer to help you understand your rights and to help you fight for them is so important.

When EMT workers finally forced their way into Laura Aceves’s apartment, they found her four year old child slumped on the floor beside her, covered in so much blood that they thought he had been shot as well. Fortunately that was not the case this time, but of the many possible outcomes to this terrible domestic violence tragedy, it was certainly one of them. Indeed there have been numerous times when domestic violence has escalated to the point that entire families have been slain.

As tragic as Laura’s situation was, it fit a classic profile of domestic violence cases. Where this one differed from the majority was that it went all the way. The warning signs that this was approaching were all there. In many ways the authorities who should have helped to prevent this tragedy proved inadequate, but it did not have to be that way. There were things Laura could have done to save herself, and there were things that she did do that contributed to her demise. The most significant of these was not shutting her abusive ex-boyfriend sufficiently out of her life.

Leaving him even the slightest way back to her, possibly believing in the forlorn hope that he could change, was a terrible and tragic mistake. Love is the most powerful of human emotions, and can sometimes also be one of the most dangerous. As with anything powerful, it should be respected. Love is capable of making people do things that common sense might otherwise dictate they not do. Staying in contact with an abusive partner in the hope that they will change is definitely one of those things that goes against the grain of common sense.

According to Carlsbad domestic violence lawyer Fischer & Van Thiel, those in domestic violence situations should seek help as soon as it becomes obvious that there is serious trouble in the relationship. Perhaps you might be inclined to forgive a single, isolated, minor argument. This is probably reasonable, but if it becomes part of a pattern, and if the situation escalates to violence (particularly if children are involved), you need to put distance between you and your abuser. You need to do that swiftly and irreversibly, or the same tragic fate that befell Laura Aceves’s family could come to yours as well.

One of the most important steps is to get legal advice. You can do this even before you leave home if the opportunity is there, but of course you should always make safety the main priority. If you’re facing any immediate threat, get yourself out of that situation using whatever resources are available.

A lawyer can help set up the foundation upon which you can receive further protection. This isn’t some kind of magic armor that will protect you from anything, but if you follow the right procedures and don’t waiver in your resolution, it can make a huge difference to what kind of statistic list you find yourself on.

Domestic violence is a serious problem in the United States. Many studies on domestic violence imply that it is a problem mostly affecting women and that perpetrators are usually male. The problem with these kinds of studies is that they usually derive their statistics from reported instances of domestic violence, and the truth is that both genders significantly under-report domestic violence events, and males are much less likely to report domestic violence than females.

One of the key reasons for this under-reporting is that there is an intimate relationship between the two parties which can have a strong influence on their willingness or desire to change their circumstances, and sometimes there is also a relationship of dependency between the two parties.

A person in a violent relationship may legitimately fear that they would not be able to survive outside of the relationship, and obviously this fear will increase with age, especially if it is a long time since that person has been in employment or education. In fact, victims of domestic violence often have to weigh up their situation, and may choose to remain in a violent relationship as choosing the lesser of two evils.

As frightening as it may be to leave an abusive relationship, the consequences of not doing so can be tragic. There is support available, and whatever you are fearing, the outcome probably won’t be as bad as you anticipate. The important thing to do is act decisively, seek all available help, and get legal assistance as soon as possible.

Don’t let feelings of shame or concerns about your image hold you back from taking action. Your situation is much more common than you may realize. A 2015 report by the National Coalition Against Domestic violence indicates that 1 in 3 women and 1 in 4 men in the United States has been subjected to physical violence from an intimate partner. Those are very big numbers, especially when you take the phenomenon of under-reporting into account.

While the police and some other agencies can help you in the short term, their power is limited and the help they can give you is temporary. To really get the problem solved on a long term basis, you need help from a qualified attorney.

According to Carlsbad domestic violence lawyer Fischer & Van Thiel, the sooner you make contact with a lawyer, the more easy it will be to avoid serious conflict. Getting a court order won’t protect you from bullets, but it will give police powers to help protect you, and it will give police more impetus to do so.

Where no court order exists, police have to approach their task in a more restrained way, and they may be unsure exactly which party they’re supposed to be helping. False domestic violence reports happen all the time, and police either have to verify the situation before making a move, or take pre-emptive action based on their best guess.

A court order empowers them to act more directly and helps to make it clear from the outset who might be at fault. Therefore you should not delay to get help from a lawyer the moment you make the decision to get out of a violent relationship

One of the key findings of a 2003 study by the Urban Institute on behalf of the California Department of Child Support Services was that most parents who don’t pay the court ordered amount of child support are simply unable to pay it because their income is too low. Most significantly, the report highlighted that support orders-at least in 2003-appeared to be too high for low-income debtors to pay.

The consequences of these findings are obvious. It means that there are probably many parents out there who are paying more child support than they should be. However, there is another very important issue, which is that many parents who have the means to support their children well are not really doing enough to provide for them. Custodial parents may be concerned that their children are not being equally or fairly supported, and this too is a serious matter.

It is actually a very strange phenomenon that parents who can easily afford to pay child support neglect this responsibility. In some ways this could be a reflection of the way successful and wealthy people are taught by society to think. It’s popular in accounting to suggest strategies for people to minimize their taxes and reduce mandatory fees by as much as possible. Sometimes this kind of thinking may cross over into personal and family life, but minimizing or avoiding child support payments is very different from trying pay less taxes.

Most tax minimization strategies are legal. The only legal way to minimize child support payments is by approval from the California Department of Child Support Services or by permission of the court. More importantly, there are moral and social considerations for this type of action. The message it sends to the child is that the non-custodial parent has no concern for the child’s well-being.

According to Carlsbad child support attorney Fischer & Van Thiel, parents on either side of an argument over child support payments, or those who think the payments should be raised or lowered according to the circumstances, should seek legal advice as soon as possible.

The process of untangling complicated child support situations is a slow and difficult one. Any delay in starting proceedings could cause more financial problems and could harm your chances of getting a favorable outcome.

In law, the more time a detrimental situation is allowed to continue without being challenged, the more chance there is that a judge will take the view that the party seeking justice had already accepted the prior arrangements, and may not only dismiss the complaint but in some cases may actually make a new order which is even less favorable to the plaintiff.

For these reasons, if you are unsure about the amounts of child support that should be paid, it’s unwise to attempt to sort out the matter all on your own. Having a qualified legal specialist to help you is crucial to getting the best result in the shortest time.