May 22, 2019

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Can I appeal a divorce court order?

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Criminal Defense Attorney

Whether you are considering getting a divorce, or would like to reverse a court order, our divorce lawyer can help protect your best interests. A law firm focuses on the area of family law. If you are unsure of whether or not legal representation may benefit you, we invite you to call a divorce lawyer. Because a divorce may have long lasting effects, it’s important that your long term as well as short term needs are considered, and a knowledgeable divorce lawyer has the necessary skills to help ensure a positive resolution.

The Final Divorce Decree

The divorce court phase of the divorce process is the final aspect, and one in which the judge rules on the division of property, child custody and support payments, spousal maintenance, and other issues related to the termination of the marriage. Before you sign the final decree, it’s important that your divorce lawyer has ample opportunity to review it and make sure you are clear on the terms of the agreement and that your and your children’s best interests are considered.

Common Reasons for Appealing a Divorce Court’s Orders

There are a few common reasons for why you may wish to appeal the divorce court’s orders.

1.       You believe that one or more of the court’s orders are unfair to you and/or your children. As a result, you wish to have your divorce lawyer file an appeal and request a new hearing with the divorce court. (You will most likely get the same judge so the likelihood of them changing their orders is slim. However, your divorce lawyer can provide more specific guidance based on the circumstances of your situation.)

2.       Your or your spouse’s circumstances have measurably changed since the original divorce agreement was created, and you would like those changes taken into consideration. For instance, perhaps your spouse just earned a promotion and will be earning substantially more income than up until now. Or, maybe you just discovered you’re pregnant and you need the child support payment amounts increased as a result.

The Process of Appealing a Divorce Court’s Orders

If you do not already have a divorce lawyer, though it’s not required by law to have one, it’s important. In fact, even divorce lawyers will hire legal representation when terminating their marriage. A divorce lawyer can offer non-emotional, knowledgeable guidance during an especially difficult time. In addition, a divorce court judge is more likely to take you seriously if you have a divorce lawyer representing you.

If you have reason to believe that the divorce court made an unfair ruling, your divorce lawyer can file a motion to appeal one or more of the Court’s orders. Your lawyer will also request a new hearing to evaluate the reasons for your dissatisfaction. As mentioned, you will likely get the same judge but your divorce lawyer may be able to provide compelling reasons for why the Court should reverse their original order(s).

If the Court refuses to reverse or change their previous ruling, a divorce lawyer can file an appeal with the appellate court.

To find out more about how a law firm can help you through the process of terminating your marriage, contact a divorce law firm Plano, TX trusts.

Thanks to Scroggins Law Group, PLLC for their insight into divorce and appealing a divorce court order.

Ways to Help Increase Your Chances of Getting Child Custody

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Criminal Lawyer

It is a devastating feeling to go through a child custody case and to not be awarded physical custody of your children. If you have just gone through a child custody case and were not awarded with the custody you want, it is not impossible to get custody of your child. Noncustodial parents who want to get some type of custody of their children may want to hire a family law attorney to help with their case.

In addition to hiring a family law attorney, there are a few other tips you should know if you are trying to get custody of your child.

  1. Know your state’s laws. You should become familiar with your state’s child custody laws. This will ensure that you are aware of your rights as well as your children’s rights.
  2. Have a home study. If you are trying to get custody of your child, the court have require you to have a formal child custody evaluation. This would involve sending an evaluator to your house in order to see where you and your children would live and to talk with you about how you would provide for your children’s needs. It is understandable that this would be a seen as a scary idea. However, it is in your best interest to have an open mind and to be yourself throughout the full process.
  3. Provide character witnesses. It is advised to find a few key people that are able to speak to the involvement you have with your child as well as those who can provide evidence of your skills as a parent. Depending on the circumstances, the judge may want to speak with each witness in person or they could have to submit a written statement.

Factors to Help a Parent Get Custody of their Children

The court uses a number of factors when deciding the ability of each parent to get child custody. Some of the most common factors are:

  • The Children’s Best Interests: The first deciding factor a court uses when determining who should get child custody is what is in the best interest of the children.
  • Communication Between the Parents: The court views parents who are able to speak about their children’s upbringing with one another favorably.
  • Documentation: It is important for the parent trying to get child custody to be prepared with all necessary documents, including information on child support payments and visitation.
  • Courtroom Etiquette: How parents present themself in the courtroom could affect how the judge views each parent. It is important that parents dress appropriately to court and present themselves in a calm demeanor.
  • Involvement: If a parent wants to get child custody, they should remain involved in their children’s lives throughout the child custody process. By showing they are committed to being in their children’s lives in any capacity, a judge’s decision could be impacted.

If you and the parent of your children have a difference of opinion on custody, it may benefit you to hire a child custody lawyer in Plano, TX. By having a qualified professional on your side, they will work on your behalf to defend your rights while keeping your children’s best interests as their top priority.

Thanks to Scroggins Law Group, PLLC for their insight into family law and ways to increase your chances of getting custody custody.