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Law For Parents & Children

November 25th, 2013 7:10 am

Family Law regarding children varies massively depending on the parent’s relationship. When parents separate, their involvement with their children could be hugely different depending on whether they were married or not. Parents who were married will both usually have significant contact with a child, whereas the Father’s rights are much diminished if they were not. The law treats married and unmarried Father’s very differently.

When a married couple with children divorce, they are both legally entitled to full involvement in their child’s life and in decisions affecting their upbringing. The absent parent has an automatic right to know where their child is living and to see them on a regular basis. He/she will have a legal right to certain information such as school and medical reports. These factors are designed to benefit the child, meaning they have the advantages of being with both parents.

If separated parents were not married, then the Mother has automatic parental responsibility. This means that the Father’s rights are not the same as married Father’s. He cannot prevent his child from taking their Mother’s surname, even if he/she previously had his surname. The Father is also unable to take his child abroad on holiday, and has no say in the child’s religion or school. If fact he could have no say in the child’s life what so ever. He doesn’t even have an automatic right to look after his child if the child’s Mother dies. Unmarried Father’s are treated similarly to step-father’s even though the are the biological Father.

The law regarding unmarried Father’s has changed with regards to children born since 1st December 2003. If a Father’s name appears on the birth certificate and his child was born after this date he has the same legal rights as a previously married Father. However the law for children born prior to this date remains the same.

There are exceptional circumstances where divorced Father’s are not given their normal rights. Meanwhile there are ways in which unmarried Father’s can request more involvement. The agreement of the child’s Mother is the most obvious, and most Mother’s are happy for the Father to have an active role. However, if the Mother does not agree it can be very difficult for the Father. They might then have to resort to getting a court order to force the Mother to allow access.

Many are surprised when they hear of the lack of rights that unmarried Father’s have. The good news for Father’s who will be in this position in the future is that the law has changed since December 2003. However, the difficulties to those Father’s with children born previously to this are still the same as they always have been. The reason stated for both parents being involved in their child’s future if they were previously married is that it is for the good of the child. Surely then, the same should apply to unmarried Father’.

Civil Litigation And The Litigation Attorney

June 22nd, 2013 4:03 am

Civil litigation is a legal dispute between two or more parties that seek money damages or specific performance rather than criminal sanctions. Civil litigation happens because two parties are unable to resolve their conflicts. A dispute over debt for example, will not be settled until the party who owes money pays the debt. Under such circumstances, the parties will have to take the conflict into the legal arena with their lawyers on their side.

A lawyer who specializes in civil litigation is known as a “litigator” or “trial lawyer.” Unlike small claims court where neither party may not seek assistance from an attorney in court, civil litigation often requires a civil litigation attorney to help parties work through their issues.

Whenever you choose to hire an attorney, they are responsible for looking out for your well-being. Because of this, you can count on the fact that your attorney is going to stand by your side because they are legally obligated to you.

A good attorney will be able to speak clearly and loud enough for the judge to understand, they will also be able to reason with just about anyone, and they can also negotiate so that you can hopefully settle before you go to court. A good attorney will also understand all of the laws. This is very important because it seems as if the laws are constantly changing every day.

A good attorney also will be able to help you to adjust your case so that it looks acceptable in front of the judge.

Choosing a good civil litigation attorney is quite possibly one of the most important things that you can do to make sure that you win your case. A good attorney is going to know all of the laws and tell you what it is that you need to do to win your case and get on with your life. Do not hesitate to contact an attorney right away. After all, you want to make sure that you stay on top of this.
In each field of law, any attorney who wishes to be successful must possess certain skills and character traits which will enable him or her to distinguish themselves from the rest of the pack of attorneys. These skills vary with the fields of law. Organizational and transaction skills are most advantageous for the business planning attorney, whereas technical and scientific knowledge will enable the patent attorney to succeed. Civil litigation attorneys should also aim to achieve or posses certain skills which will assist them in attracting and retaining clients, winning cases and potentially making new law. Following are some most important qualities that a civil litigation attorney should have:

– Knowledge of the Rules of Evidence
– Confidence
– Organizational Skills
– Honesty Ability to Learn
– Clearly Explained Fee System
– Negotiation Skills
– Interpersonal Skills
– Persuasiveness Ability to Clearly Communicate

You and your attorney are in a civil litigation case in order to win. It is therefore crucial for you to seek out the best civil litigation lawyers you can find. Civil litigation is also involved if you win a financial judgment and when you need to collect it, whereas in other cases the state makes sure that the sanctions are given properly.