Category: Family Law
The Legal Framework Surrounding Custody Modification
October 16, 2023 | Jason C. Brown
Few things in family court are more difficult than modifying custody. Though not impossible, the process can be daunting and require extensive legal legwork. Keep reading to find out more about the legal framework surrounding custody modification. Modifying Custody Custody modification involves multiple hearings and a four-pronged legal framework that has been in place for decades. The party seeking to modify must initially schedule a motion hearing and file the necessary papers with the district court. These factors are crucial: Whether there has been a substantial change in circumstance since the most recent custody order; Whether the best interest of the child is served by modifying custody; Whether the existing custodial parent’s home environment endangers the physical or emotional health of the child; Whether the harm caused by modification is outweighed by the benefit of the change The moving parties’ allegations are to be accepted as true by the court. If those assumed facts rise to the level of endangerment, the court will make a preliminary determination that an evidentiary hearing is necessary to make a final decision on the matter. The court may opt to modify custody or parenting time on a temporary basis, pending the outcome at the final hearing. If the court makes the preliminary finding that modification is appropriate,…
Read MoreUnderstanding Family Law
July 13, 2023 | admin
Family law encompasses a wide range of legal matters that revolve around familial relationships. It governs issues related to marriage, divorce, child custody, adoption, domestic violence, and more. Understanding family law is crucial for individuals and families navigating through these often challenging and emotional situations. Continue reading our blog as we will provide an overview of family law, discussing its key areas and offering valuable insights to help you have a better understanding of this field. Marriage and Divorce Marriage is a legal contract between two individuals, and family law covers various aspects of this institution. It addresses requirements for a valid marriage, prenuptial agreements, and the legal process of divorce. The family law attorneys at Barna, Guzy & Steffen can guide individuals through the divorce process, including issues such as property division, spousal support, child custody, and visitation rights. Understanding your rights and obligations during a divorce is essential for achieving a fair and satisfactory outcome. Child Custody and Support When parents separate or divorce, determining child custody and support becomes an important issue. Family law strives to protect the best interests of the child and provides guidelines for custody arrangements, visitation schedules, and child support calculations. These matters can be emotionally charged and complex, making the assistance of an experienced family…
Read MoreFamily Court Hearings: Tips and Strategies
October 13, 2022 | Jason C. Brown
Courtrooms are not meant to be friendly or comfortable. They exist for one purpose: decision-making. How do you stand the best chance at making a good impression on the judge? Here are ten things to keep in mind: Dress the part. The court does not expect you to wear formal attire to the hearing. At the same time, t-shirts and blue jeans are probably best kept for another day. Business casual is just fine. Refer to the court as “your honor.” Over the years, I’ve observed litigants call the judge “madam,” “sir,” or “judge.” All are tactful, but the path of least resistance is to simply use “your honor.” That way, the court’s train of thought won’t be disrupted. Leave your phone in the car. Cell phones are quite disruptive in a quiet courtroom setting. Some judges confiscate ringing phones and charge the owner to get it back – even when they thought it was on silent mode. Don’t take a chance. Speak only when spoken to. The judge is trying to manage a courtroom full of people as efficiently as possible. Follow their lead. If you are asked a question, answer it. But don’t try to take control of the situation. Don’t argue. It may sound counterintuitive, but there is a time…
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