As parents’ lives change after divorce, their existing custody orders might not work anymore. When they agree that a change is necessary, the process of asking the court for a new order is relatively simple. When they don’t agree, it can be difficult to convince a judge to make a change.

Parents Can Agree to a Change

When parents agree to a change of custody, it’s usually just a matter of letting the court know. An order must be filed, but a lawyer can usually draft one. Then both parents can sign it, giving their consent. A judge will usually approve the agreement, unless the child objects to the change. Courts usually will not force children to change residences without a good reason, especially when they’re older.

You Must Petition the Court for Change

Changing a custody order when parents don’t agree involves going back to court and beginning a new legal action. In most states, this means filing a motion or petition with the court. The court will schedule a hearing. If your child’s other parent objects to the change, the judge probably will not make a decision right away. Most courts will schedule the issue for trial, because changing custody is a serious matter.

You Must Prove a Change of Circumstance

When parents disagree about changes to a custody order, only a major change in circumstances since the last custody order will convince a court to modify it. Generally, something must have changed in the home where your child has been living to make the home no longer safe, emotionally or physically. You can also ask for a custody modification if your child wants to change primary households. If your child is older, sometimes this alone is enough to convince the court to issue a new order.

You May Need Witnesses

Simply saying that your child’s home presents a danger, either mentally or physically, is not be enough to persuade the court that a change is necessary. You’ll need proof. Proof includes documentation, such as police reports. It can also include the testimony of witnesses, if others have seen the unhealthy circumstances in your child’s home. You can hire a counselor to talk to your child and testify about the impact of the changed home conditions on your child.

A Child Custody Lawyer Can Help

The law surrounding changes to child custody orders is complicated. Plus, the facts of each case are unique. This article provides a brief, general introduction to the topic. For more detailed, specific information, please contact a child custody lawyer.

Have a Child Custody Question?

• It’s simple, free and safe.
• Submit your legal question confidentially with ease of mind.
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“Thank you Lawyers.com for always providing sound, expert content regarding family law.”

–Tamara L. Daniels, Professional Visitation Provider

Grandparents and stepparents can grow very close to the children in their lives. When this relationship is disrupted by divorce or other separations, all parties suffer. A custodial parent might, for example, attempt to prevent visits with the parents of the non-custodial parent, or with an ex-stepparent.

Until recently, only natural or adoptive parents enjoyed the legal right to post-divorce visitation. Now, however, courts in most states will grant visitation rights to other relatives, such as grandparents and stepparents, as long as they can demonstrate that this visitation is in the best interests of the child.

Visitation Orders Are Based on Several Factors

A court is more likely to order visitation if the grandparent or stepparent had a long relationship with the child, or lived with the child. Visitation is also more likely to be granted if the child is emotionally dependent on the person or expresses a preference to see that person regularly. The court may also consider financial support the person has provided for the child.

The Burden of Proof Varies by State

State laws differ on the procedure for deciding visitation rights. Colorado grants grandparents a legal right to visitation, barring proof of harm to the child, even if the child’s family is intact. New Jersey requires grandparents to prove the child would be harmed without visitation. Most states treat stepparent visitation using the same standards as grandparent visitation. However, in some states, such as South Dakota, stepparents do not have the right to seek visitation.

To read the full article go to http://family-law.lawyers.com/child-custody/post-divorce-rights-of-grandparents-and-stepparents.html

Have a Child Custody Question?

• It’s simple, free and safe.
• Submit your legal question confidentially with ease of mind.
• Receive multiple answers from top rated lawyers.
• Go to www.lawyers.com

“Thank you Lawyers.com for always providing sound, expert content regarding family law.”

–Tamara L. Daniels, Professional Visitation Provider

One of the hardest parts of divorce or some other sort of domestic breakup is losing daily contact with your child. This can be especially difficult when the court issues a custody and visitation order that you think is unfair. Either parent, custodial or non-custodial, might want to ignore the visitation terms of the order. If they do so, however, they’re abusing the law and endangering their rights.

You Can Enforce a Visitation Order

The parent who has not violated the visitation terms of a custody order can always take the other parent back to court to enforce the order. This might happen if the child the parent lives with refuses to turn the child over to the other parent for visitation time.

Conversely, the non-custodial parent might refuse to return the child after visitation. Judges will generally order make-up time to the parent who lost visitation with the child because of the other parent’s refusal. Many courts will also order both parents to attend counseling or mediation.

Contempt of Court for Violation of Visitation Order

When someone repeatedly abuses a visitation order, a judge can find that parent in contempt of court. This usually results in the violating parent having to pay the other parent’s attorney’s fees and legal fees for bringing the problem to the attention of a judge. Contempt can also result in the violating parent serving jail time. Usually, this is only for a short period of time if the parent promises to follow the visitation terms of the custody order in the future.

Criminal Charges for Violation of Visitation Order

In some states, interference with the visitation terms of a custody order is a criminal offense. This is particularly true if the parent abuses the court order repeatedly. Some states are less strict about criminal charges than others. In some areas, the violating parent must keep the child for a period of days, in spite of the other parent’s objections, before the police will become involved.

To read the full article go to http://family-law.lawyers.com/visitation-rights/abuse-of-visitation-rights.html.

Have a Visitation Rights Question?

• It’s simple, free and safe.
• Submit your legal question confidentially with ease of mind.
• Receive multiple answers from top rated lawyers.
• Go to http://www.lawyers.com

“Thanks Lawyers.com for always providing sound, expert content regarding family law.”

–Tamara L. Daniels, Professional Visitation Provider

The Facts on Domestic, Dating and Sexual Violence

Domestic, dating and sexual violence are costly and pervasive problems in this country, causing victims, as well as witnesses and bystanders, in every community to suffer incalculable pain and loss. In addition to the lives taken and injuries suffered, partner violence shatters the sense of well-being that allows people to thrive. It also can cause health problems that last a lifetime, and diminish children’s prospects in school and in life. The United States has made progress in the last few decades in addressing this violence, resulting in welcome declines1 – but there is more work to do to implement the strategies that hold the most promise. These include teaching the next generation that violence is wrong, training more health care providers to assess patients for abuse, implementing workplace prevention and victim support programs, and making services available to all victims including immigrants and children who witness violence.

Prevalence of Violence in the United States

 On average more than three women a day are murdered by their husbands or boyfriends in the United States. In 2005, 1,181 women were murdered by an intimate partner.2

 In 2008, the Centers for Disease Control and Prevention published data collected in 2005 that finds that women experience two million injuries from intimate partner violence each year.3

 Nearly one in four women in the United States reports experiencing violence by a current or former spouse or boyfriend at some point in her life.4

 Women are much more likely than men to be victimized by a current or former intimate partner.5 Women are 84 percent of spouse abuse victims and 86 percent of victims of abuse at the hands of a boyfriend or girlfriend and about three-fourths of the persons who commit family violence are male. 6

 There were 248,300 rapes/sexual assaults in the United States in 2007, more than 500 per day, up from 190,600 in 2005. Women were more likely than men to be victims; the rate for rape/sexual assault for persons age 12 or older in 2007 was 1.8 per 1,000 for females and 0.1 per 1,000 for males.7

 The United States Justice Department’s Bureau of Justice Statistics estimates that 3.4 million persons said they were victims of stalking during a 12-month period in 2005 and 2006. Women experience 20 stalking victimizations per 1,000 females age 18 and older, while men experience approximately seven stalking victimizations per 1,000 males age 18 and older. 8

The best contribution anyone can make, is to REPORT IT.

To continue reading the full article, click the link below. Sign up to receive your FREE poster; brining AWARENESS to these crimes against women.

 Futures Without Violence

http://www.futureswithoutviolence.org/userfiles/file/Children_and_Families/DomesticViolence.pdf

Procedures for Mandated Reporting of Any Allegation of Abuse or Neglect of a Minor

LISTEN:  First and foremost, listen compassionately, validate the courage of the person making the report, and apologize for any pain the reporting person is feeling.

GET BASICS:  Name(s), address(es), phone numbers (s) of the victim, the alleged perpetrator, the person making the Report and witnesses (if available). Refer to the “Suspected Child Abuse Report” form. Do not investigate the incident.

CALL IMMEDIATELY:     

Los Angeles County Child Abuse Hot Line:  800-500-4000

Santa Barbara County Child Abuse Hot Line:  800-367-0166

Ventura County Child Abuse Hot Line:   800-754-7600

Victims Assistance Ministry Office:   213-637-7650

OR contact the local police station.

For Hearing Impaired:   TDD 800-272-6699
 

When you call in the Report ask for the name and phone number of the person taking the Report, any case number and the address for mailing the written Report.  

CONSIDER:  Asking the person or persons making the allegations to join you when you call in the Report. If the reporting person is an adult, encourage him or her to also report the allegation directly.

DOCUMENT: After making the Report by telephone, complete wither a paper copy of the “Suspected Child Abuse Report” or file it electronically at https://mandreptla.org/on-lineRep.htm.                                                

If you use the paper copy, mail it to the address you receive fro the person you called to make the Report. This must be done within 36 hours of your call. If the Hot Line or Police declines to take the Report over the phone, ask for the name and badge number of the person to whom you are speaking. Write this information, along with the note “declined to take the Report” and the date and time of the call, on the Report form. Keep a copy for your records and FAX a copy of the Report to the appropriate fax number.

OUTREACH:  Call the Child Abuse Hotline in your area for information on counseling and other outreach to the victims(s) and the reporting person(s).

CONCLUDE:  Offer reassurance, hope and continued support.

CHILD ABUSE FORM:    A copy of Form SS 8572 (revised 12/02)— Suspected Child Abuse Report” is available at      http://ag.ca.gov/childabuse/forms.php

DOCUMENT:  Mandate reporting is required where the victim is a current minor. If the victim is not a current minor, obtain all the information outlined above and contact local law enforcement to make a non-mandated report and to arrange for outreach.

1. How can I help prevent child abuse? There are several things you can do about it. Learn more about child abuse and how it is treated. Don’t ignore child abuse, REPORT IT! Be supportive and helpful to families having problems. If you or your family need help coping with children, ask for it. Social service agencies are there to help you. To report child abuse or neglect in Los Angeles County, call the Child Abuse Hot Line at 1-800-540-4000 (California).
2. What is child abuse? It is repeated mistreatment or neglect of a child by parent(s) or other guardian resulting in injury or harm. Under California Law, child abuse is a crime. Children need protection because they are vulnerable and often unable to speak for themselves. The California Child Abuse Reporting Law, along with other state laws, provides the legal basis for action to protect children and allow intervention by public agencies if a child is maltreated.

3. What is the difference between discipline and abuse? Discipline is designed to help children control and change their behavior. Its purpose is to encourage moral, physical and intellectual development and a sense of responsibility in children. Ultimately, older children will do the right thing, not because they fear external reprisal, but because they have internalized a standard initially presented by parents and other caretakers, and children gain self-confidence and a positive self-image. Abuse is characterized by its orientation toward satisfying needs or expressing the negative feelings of parents or other caregivers. While it may result in positively changing the child’s behavior, often the improvement is temporary and followed by a later acting out of the hatred, revenge and hostility they have learned from their parents. To avoid further abuse, children may lie, run away or exhibit other forms of avoiding responsibility. Abuse tends to damage the self-esteem of both parents and the children. Safe, effective discipline is a correction given in love. In evaluating methods of guiding their children’s behavior, parents or guardians need to ask themselves: Is the discipline; * carefully related to the offense? * administered in the calmness of conviction rather than in the heat of anger? * fair, weighing heavily in consideration of the child occasional, and of brief duration? * free from physical violence (e.g., look of reproach, scolding or the taking away of a valued privilege)?

4. What are the common signs of child abuse?

REPEATED INJURIES: Bruises, welts, burns. Parents may seem unconcerned, deny that anything is wrong, or give unlikely explanations for the injuries.

NEGLECTED APPEARANCE: Children often are badly nourished, inadequately clothed, are left alone or are wandering at all hours, always seem as if nobody cares. (Sometimes over-neatness may be a sign of abuse.)

DISRUPTIVE BEHAVIOR: Very aggressive, negative behavior constantly repeated can signal a desperate need for attention and help.

PASSIVE WITHDRAWN BEHAVIOR: When children are excessively shy and friendless, it may indicate that there are serious problems at home.

PARENTS WHO ARE “SUPER-CRITICAL”: Parents who discipline their children frequently and severely may begin to abuse them when their unrealistic standards are not met.

FAMILIES THAT ARE EXTREMELY ISOLATED: Parents who don’t share in school or community activities and resent friendly contacts may be distrustful of people, afraid of their help. Use caution and good sense in identifying child abuse. Every parents makes errors in judgment and action at some time but when it becomes plain that there is a pattern or it is becoming one, then it’s time for help. 

5. What will happen to me if I make a report? (Verbally report ASAP: written within 36 hours) Anyone who reports known or suspected child abuse is protected by law from civil or criminal liability unless it can be proven that the report was false and that the person who made the report knew it was false. Any person, except a mandated reporter who reports child abuse may remain anonymous. Mandated reporters are required to give their names. However, it is helpful to give your name and telephone number to the worker taking the report in the event he or she needs to obtain more information later. 
6. Why should I report child abuse? All children have the right to grow up in a safe environment. Child abuse, in all its forms, has a more lasting and negative effect on children, families and the whole community than most people realize. At its worst, its destructive impact haunts its victim throughout life and prevents the child from becoming a productive adult. Frequently, parents who were mistreated as children will mistreat their own children. The National Center on Child Abuse and Neglect reports that more than 2,000 children die each year due to abuse or neglect. Reporting child abuse is a first step in stopping this devastating cycle. People who hurt children usually need help to change their behavior. Many, perhaps most, only get that help after someone else calls attention to the fact that they need it by reporting their abuse of a child.
7. How do l know when to report child abuse? Reporting should be done when a person either knows or has a “reasonable suspicion” that a child has been or is in danger of abuse or neglect. “Reasonable suspicion” means that most people, given the same facts and information, would suspect child abuse. Hard proof is not needed to make a report. However, reports must be in good faith. Use common sense. A report of child abuse is serious and may have a lifelong impact on the child and his or her family. Never make a false or malicious report. __________________________________

*For more information: Dcfs.co.la.ca.us

Behaviors of Batterers That May Impact Visitation

If, after conducting an intake, the Provider accepts a referral for visitation in a domestic violence case, it is important to identify behaviors that may subsequently impact visitation. It is critical to keep in mind that the goal of providing supervised visitation services, including Provider exchanges, is to provide a safe, neutral setting for parent-child access. If this cannot be accomplished, the visitation provider or program must not accept the referral.

The following are behaviors sometimes used by batters that may affect a program’s ability to provide safe visitation:

• Threats of violence toward the victim. This may include verbal abuse as well as attempted or actual physical assault
• Threats of violence toward children. This may include verbal abuse, threats, attempted or actual physical abuse, kidnapping
• Using visitation to send messages to the victim through the children
• Stalking the victim and children upon arriving or departing from visitation program. This can be done in person or through a third party family member or friend
• Intimidating children to reveal their current living arrangement, their custodial parent’s activities, their phone numbers
• Testing or violating staff or volunteers
• Intimidating visitation staff or volunteers
• Pitting one staff member against another to encourage divisiveness
• Requesting “special” privileges, such as unsupervised time with children
• Denial or minimization of abusive behavior (“It’s all a misunderstanding.”)
• Blaming other parent for necessity of having to use visitation services
• Attempting to bring weapons (guns, knives, etc.) into program
• Threats or attempts to commit suicide

Remember, safety belongs first to the visitation provider (monitor). If the provider is not safe, he or she cannot keep the child(ren) safe. When considering whether or not to accept a visitation referral, remember this quote, “All money is not safe money.” –Tamara L. Daniels