Can a spouse go to jail for not paying child support?
While family law contempt proceedings (which can be criminal in nature and could cause the non-paying spouse to be sentenced to jail) are one option, others include a garnishment of wages, levying of bank accounts and even asking the court for security instruments to ensure the payment of ongoing support.
Are there any unwritten rules in Family Court?
If you have been through divorce then you are familiar with the rules and procedures that govern the legal process. Divorce is a civil action, and every state has rules of civil procedure. What you don’t hear about but, have probably fallen victim to, are the unwritten family court rules.
Is there a court order for child visitation?
I can give you a general overview of the law regarding child custody and visitation, but I cannot give you legal advice on divorce. Because there is no court order in effect addressing child custody and visitation, you and your wife may have equal rights and responsibilities as to the children depending upon the applicable law.
When to hire a lawyer for Family Court?
If you find yourself unable to come to an agreement with your spouse and you do have to schedule a court date be wary of these hallway settlements. You hire a lawyer to protect your interests but you have to put pro-active energy into making sure those interests are truly protected.
Do you involve your kids in the court case?
View it as an opportunity to demonstrate just how far you’re willing to go for your kids. Don’t involve your children in the court case. You may be tempted to share the details of the case with your kids, but it’s important to let them be kids right now and not place the burden of adult issues on their shoulders.
When does a court give a child to a non parent?
If the child is dependent (neglected, abandoned, or without proper care or control), a court may give custody of the child to an agency such as Children and Youth Services, or in some cases to a non-parent. What if a custody order is violated?
When does a court give a parent joint custody?
For instance, most of the time, each parent has an equal right to the custody of the children when they separate. Consequently, courts often award joint custody when both parents are able to perform their parenting duties.
Can a stay at home mom get a divorce?
If an opportunity presents itself early on, a stay at home mom going through a divorce may want to consider that opportunity earlier, rather than later. Long term marriages (marriages of 10 years or more) do make the issue more complicated but, again, it becomes a matter of degree.