So my parents are getting divorced and my mom wants to move to start over. We currently live in california and my dad is not letting us go willingly. So we have to have a child custody evaluator/ child mediator and we discovered through out own experience and that of others that she is biased. She seemed biased in the session with me and my two 12- year old sibilings, and she said some very innapropriate things to us and my mother. I am 16 years old and I would really do well with this move and it would be good for me. At what age am I legally allowed to decide which parent I’d like to live with (custody)? I believe in California it is 18, but I really need help getting the OK to move there. Any suggestions or legal tips is greatly appreciated. What can we do to try and get the court to approve the move without the consent of the father. He really wasnt a very actively involved dad but he’s put on a good show for the court and child custody evaluator. We really need help and any info that we could use to be able to move is SO appreciated. Many thanks!

At your age the Court will give great weight to your wishes regarding custody. The 12 year olds’ wishes will also be considered, but not as much. But Courts like to keep children together, so your testimony will be a big factor.

If you aren’t offered the opportunity to talk to the Judge, your mother should request that you be allowed to do so, in private. Just tell the Judge the truth, be very polite, and try not to be nervous. Don’t say really mean things about your Dad, but make it clear that he hasn’t been very interested in you in the past and you think that he would lose interest again as soon as the custody issue is settled.

You’re going with your Mom, I expect. Good luck.

My remarks during the NDAA mark-up about provisions in the bill aimed at combating sexual assault in the military and protecting the child custody rights of service members.

For those who would like some clarification: The National Defense Authorization Act (NDAA) sets the budget and policy parameters for the Department of Defense. The drafting of this legislation in the House Armed Services Committee, commonly known as the mark-up, involves adding amendments to the draft provided by the Chairman of the committee known as the Chairman’s mark, or just the mark. Once all amendments to the mark have been debated and voted on, the Committee will pass the legislation and committee report to be considered and voted on by the full House of Representatives.

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ADVANCE DIRECTIVES/ LIVING WILLS
All States have declared that competent adults have the fundamental right in collaboration with their health care providers, to control decisions about their own health care. States recognize in their laws and public policy, the personal right of the individual patient to make voluntary, informed, choices to accept, reject or to choose among various alternative courses of medical and surgical treatment.

WHY ADVANCE DIRECTIVES/ LIVING WILLS
Modern advances in science and medicine have made possible the prolongation of the lives of many seriously ill individuals, without always offering realistic prospects for improvement or cure. For some individuals the possibility of extended life is experienced as meaningful and of benefit. For others, artificial continuation of life may seem to provide nothing medically necessary or valuable, serving only to extend suffering and draw out the dying process. States recognize the inherent dignity and value of human life and within this context recognize the fundamental right of individuals to make the necessary health care decisions to have life-prolonging medical, surgical, or procedure means provided, withheld, or withdrawn.
States acknowledge the right of competent adults to plan ahead for health care decisions through the execution of advance directives, such as living wills and durable powers of attorney, and to have their wishes respected, subject to certain limitations.

PURPOSE OF LIVING WILLS
In order to assure respect for patients’ previously expressed wishes when the capacity to participate actively in decision making has been lost or impaired; to facilitate and encourage a sound decision making process in which patients, health care representatives, families, physicians, and other health care professionals are active participants; to properly consider patients’ interests both in their self-determination and well-being; and to provide necessary and appropriate safeguards concerning the termination of life-sustaining treatment for incompetent patients as the law and policy of this State and the Legislatures have enacted Living Will/ Advance Directives for Health Care Acts.

REQUIREMENTS OF STATUTE
The advance directive for health care (Living Will) requires a writing executed in accordance with the requirements of the state law. It must be signed and dated in front of an attorney at law, other person authorized to administer oaths, or in the presence of two subscribing adult witnesses. If the two adult witnesses are used, they both must attest that the declarant is of sound mind and not under undue influence. A designated health care representative shall not act as a witness to the execution of the advance directive. Since this is a legal document, it must be executed properly to be valid under the statute.

HEALTH CARE REPRESENTATIVE
The declarant must designate one or more alternative health care representatives. “Health care representative” means the person designated by you under the Living Will for the purpose of making health care decisions on your behalf.

WHEN DOES THE ADVANCE DIRECTIVE BECOME
OPERATIVE
An advance directive becomes operative when (1) it is transmitted to the attending physician or to the health care institution, and (2) it is determined pursuant to the Act that the patient lacks capacity to make a particular health care decision.
Treatment decisions in pursuit of an advance directive shall not be made and implemented until there has been a reasonable opportunity to establish and where appropriate confirm, a reliable diagnosis for the patient which shall include the attending physician’s opinion concerning the nature, cause, extent, and probable duration of the patient’s incapacity. This soon after shall be made a part of the patient’s medical records. For additional information or to have a “Living Will” prepared, see your attorney. In addition, be certain your Last Will and testament is up to date.

Why should I consider writing an advance directive/ living will?

Serious injury, illness or mental incapacity may make it impossible for you to make health care decisions for yourself. In these situations, those responsible for your care will have to make decisions for you. Advance directives are legal documents which provide information about your treatment preferences to those caring for you, helping to insure that your wishes are respected even when you can’t make decisions yourself A clearly written and legally prepared directive helps prevent disagreements among those close to you and alleviates some of the burdens of decision making which are often experienced by family members, friends and health care providers.

KENNETH VERCAMMEN & ASSOCIATES, PC
Attorney at Law
2053 Woodbridge Ave.
Edison, NJ 08817
732-572-0500
www.centraljerseyelderlaw.com
To schedule an in office consultation, contact us at Kenvnjlaws@verizon.net

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http://www.BestTrustedGuide.com/child-custody

Child custody

In the past decade, there has been a gradual change in statutory law regarding how child custody is determined.

This has resulted in an emphasis on child rights over the rights of the parents.

Read your state’s laws. This is at the heart of what goes into a court’s decision to award custody.

There are typically two types of custody arrangements that courts consider: sole custody and joint custody.

Know what factors a court will typically consider when determining custody arrangements or when establishing the child’s primary residence with one parent.

If you and your future ex have a specific custody arrangement in mind, the court will consider your wishes.

Drawing on evidence to support that a child is best served if he has strong ties with both his mother and father, courts will also look at whether each parent encourages the child to have a loving relationship with the other.

Keep in mind that certain factors will jeopardize your custody or visitation.

Courts will look at whether there were any instances of domestic violence, child abuse or neglect, or family abandonment during the marriage.

Remember that custody orders can be modified—but usually only in extreme instances.

A court can modify an existing custody order if it can be shown that a custody arrangement is not in your child’s best interest and, moreover, poses a danger to him.

Take a few steps back and objectively consider what custody arrangement is in the best interest of your child, even if it means placing your own rights on the back burner.

If you approach your custody hearing from the point of view of the court, you’ll have a better idea of what outcome to expect.

When it comes to child custody, self-representation is not advisable; seek the advice of a qualified family attorney.

To learn more about child custody, please visit :
http://www.BestTrustedGuide.com/child-custody

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Is it fair that American men are only concerned about their parental rights in child custody, yes or no? A divorce book for man say that fathers that is written by American lawyers who are experts in child custody say, that father should only be concerned about their children’s best interest.

Totally not fair.

Bloch and Chapleau – Colorado Men’s Rights, Divorce Lawyers Colorado television advertisement

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http://tinyurl.com/123custody ← ← WIN YOUR CHILD CUSTODY CASE NOW!!!!

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* Discover the immediate actions a person can do right now to help them do well in a child custody case!

* Sources will be revealed to people with limited financial resources on where to go to get FREE counseling!

* Little-known secrets on how you can change a custody/visitation order, even if you are the non-custodial parent!

* Which “Key Behaviors” you’ll need to imitate immediately so that you can tip the scales in your favor!

* If you or your ex-spouse want sole custody of your children, you must learn this shocking fact!

* How to enforce your custody and visitation plan when it is interfered with!

* The single biggest mistake parents make during child visitation and how to avoid it!

* Insider secrets of working with attorneys so that they will obey your every command!

* What you need to know before you or your spouse decide to move out of sate with your kids!

* 3 powerful techniques on how to resolve family conflict!

* The secret questions you must know that will be asked during a child custody evaluation!

* The astonishing implications for an unmarried parent!

* The 4 truths about child custody mediation that can avoid a long costly court battle!

* The real truth about unmarried parents and what it could mean in your child custody matter!

* Should you worry about your spouse seizing your property and assets? The truth will be revealed!

* Do you exhibit any of “these” behaviors that are frowned upon by the Judge?

* If you are a victim of domestic violence then you must read page 65 of the book!

* Find out what rights the Grandparents have in visitation and custody of your children!

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My sister is dating and living with a guy in Missouri who has a daughter with an ex g/f. My sister just called me and said that she has to come home because he was told by the judge and his attorney that he will lose ALL rights to his daughter because she is living with him and they are not married. I asked him if he got this in writing and he said no. Is there any truth to this?? If you can please include a website so I may email it to him. Thanks

You can call that BS with out a web site unless you have a deranged, drug addicted sister, no judge in Missouri or anyplace else would get that involved in a relationship between people involved in a divorce or custody battle. All cases or adjudicated on a case by case basis so the type of Information you are looking for would only be in the judges mind and not controlled by law. Your sister would have to be one of the most incorrigible people in Missouri for a judge to order a separation before a custody order, either the Girl Friend is lying or the boyfriend wants to get rid of your sister.~

http://www.LookingForGoodThing.com/child-custody – How to Win a Child Custody Situation

Your custody situation may be the most significant fight of your life. Be sure you do your best to win it.

Realize that most custody cases can and ought to be settled via negotiation and mediation.

Understand that you can find scenarios that cannot be settled, either because of abuse or neglect or merely due to extreme personalities.

Find a great family lawyer and need to pay additional fee to them and it is truly required.

Tell your lawyer every thing, even your secrets to achieve the outcome you desire.

Listen and do what your lawyer tells you to do, even if it causes you inconvenience or discomfort.

Your attorney has had years of experience dealing with situations and knows what to accomplish.

To avoid lack of enthusiasm of your attorney you need to pay them, Even judge does not allow this.

Document anything to prove for the court which you are the finest parent & another one isn’t as good as you.

Talk to family, friends, workers, or anyone who knows your relationship with your kid & request them to testify.

Be polite & pleasant for your spouse and don’t interfere with other parent’s relationship to your child.

Never argue & speak poorly in front of the child.

Request lots of questions before trial and Permit your lawyer to complete all the talking in court.

Be truthful, Get to court on time and dress appropriately and try to become a good parent no matter what.

Remain calm at all times and bear in mind that your lawyer is the expert and you must trust him or her.

To learn more about How to Win a Child Custody Case, please visit:

http://www.LookingForGoodThing.com/child-custody

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http://www.FirstStepGuide.com/custody Know what may lead a parent or guardian to gain physical custody of a child. Though requirements vary from state to state, the court is seeking the best living situation for the child when it awards custody. It will look at such things as the parent’s interest in custody, ability to act in the child’s best interest, the physical and emotional safety of the home, the child’s overall needs and the degree of bonding between parent and child.

Recognize what may lead a parent or guardian to lose custody of a child. Placing the child in any sort of danger will put a parent in danger of losing custody. Threatening the other parent, refusing to acknowledge the other parent’s visitation rights and participating in illegal activities are other common reasons to lose custody.

Determine how to contest child custody cases. If you feel that your child is or will be in a dangerous situation with the current custodial parent, you should contest custody. Obtain a lawyer specializing in child custody to discuss your case

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