Child Custody Attorney in Nashua NH
Attorney Joseph M. Annutto works closely with families solving Child Custody Disputes, Child Support, Alimony and Paternity law in Nashua NH, Hudson NH, Amherst NH, Merrimack NH and Bedford NH.
An area of law that is exceptionally sensitive for all parties involved is that of child custody. Emotions run high and it can be a real challenge to keep all of the parties thinking in a manner that is productive for the child. This having been said, Attorney Annutto has the exceptional experience required to work within the court system in obtaining the best result possible for the client. This is one of the reasons you will do well to have the Law Office of Joseph M. Annutto, PLLC on your side when you are battling for the well being of your children. This is understandably one of the most difficult times any person can go through and it is vital that you have someone who can help you work through all of your options and the laws that go along with them.
Child Custody Laws
Understanding the laws surrounding child custody is a vital part of making sure you are protecting the children as well as possible and putting yourself in a position for the best outcome. Some of the laws that are essential to understand are below.
It is important to understand that effective October 1, 2005; each parent must propose a parenting plan. The parenting plan will allow the parties and the judge to see a clear picture of what the parents intentions are for the child(ren). The term "custody" is not favored, but custodial time for each parent is proposed. The custody of the children at the time of the divorce is determined based on what is in the best interests of the child.
The law is gender-neutral in regard to the custody of the child. However, the Court will consider who has been the primary care giver of the child(ren). This can be interpreted that the parent who has spent most of the time managing the child's day to day life being awarded custody of the child.
Once a child custody decision is rendered at the time of divorce it is very difficult to change. A change in custody may be issued if the child is being harmed in the present, and sometimes, if a "mature minor states an opinion with 'proper influences'".
Legal custody and physical custody are separate issues in a divorce. Legal custody concerns the legal rights to decision-making and authority over the child, while physical custody concerns which parent the child will live with. However, it is possible to obtain shared physical custody depending on the situation.
A Guardian Ad Litem (GAL) is sometimes appointed to determine what is in the best interests of the child(ren) and their well-being. This person will represent the child's interest in the proceedings.
Child Support
Along with comprehensive knowledge concerning child custody, Attorney Annuto can offer a clear understanding of how the child support laws affect your future and what your options are in this regard. Having an attorney like Joseph M. Annutto on your side when it comes to this delicate and complex issue is an excellent way to remain on a level playing field. Some of the basics about child support are below.
Child support orders may be modified every three (3) years or sooner if there is a substantial change in circumstances.
Child support amounts, at the time of divorce, are determined using a state formula or guidelines. Any deviation from the guidelines must be justified and approved by the Court.
Child support guidelines, established by the State, are generally used in all cases, whether the parents are married or not.
Collaborative Law
Collaborative Law is a new form of alternate dispute resolution that offers divorcing parties the opportunity to reach an agreement without hurtful litigation. It is a method of resolving divorce issues with the participation of a lawyer for each party. By contract, both parties and both lawyers agree not to litigate. If negotiations break down, the lawyers are disqualified from representing their clients in litigation. The lawyers work cooperatively to structure the process and facilitate settlement.
The biggest mistake you can make in a Child Custody case is to not get all the representation you deserve. This is an area of the law that is complicated and is filled with emotions. Underestimating the importance of proper representation could be your downfall in the end. Hiring an attorney like Joseph M. Annutto to help you with the process from beginning to end will give you the piece of mind you need to restart your life with your children.
For a Free Consultation Call (603) 881-9161
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New Hampshire 03060
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