Child Custody Made Simple : Understanding the Laws of Child Custody and Child Support
, by Watnik, Webster
- ISBN: 9780964940437 | 0964940434
- Cover: Paperback
- Copyright: 4/1/2003
The first edition of Child Custody Made Simple won two book awards, including the Benjamin Franklin Award for Parenting and the Writer's Digest National Competition for Nonfiction. Now this valuable resource is even better! The latest edition of Child Custody Made Simple contains more than 150 pages of new material. Book jacket.
Webster Watnik is a technical writer who has written three books on divorce
| Acknowledgments | p. xix |
| Introduction | |
| What Happens When You Divorce With Children | p. 3 |
| Who Gets The Children? | p. 4 |
| Child Custody Laws Protect Children | p. 6 |
| Divorce With Children Roadmap | p. 7 |
| Child Custody and Visitation | |
| The Laws of Child Custody | p. 13 |
| Child Custody and Visitation | p. 14 |
| Types of Custody | p. 14 |
| Legal Custody | p. 14 |
| Physical Custody | p. 16 |
| Other Forms of Custody | p. 19 |
| Social Theories about Child Custody | p. 22 |
| Visitation | p. 24 |
| Types of Visitation | p. 24 |
| When Child Custody Ends | p. 28 |
| The Reality of Child Custody | p. 29 |
| Who Wants the Children | p. 30 |
| How Custody Is Decided | p. 31 |
| When Parents Agree | p. 32 |
| When Parents Settle | p. 33 |
| When Parents Mediate | p. 34 |
| When Parents Go to Evaluation or Trial | p. 35 |
| Final Custody Arrangements | p. 36 |
| Visitation | p. 37 |
| Deciding Child Custody | p. 39 |
| Best Interests of the Child | p. 40 |
| Factors That Influence Custody | p. 41 |
| Interviewing the Children | p. 46 |
| Judicial Bias | p. 48 |
| Custody Evaluations | p. 48 |
| Influencing a Custody Evaluation | p. 53 |
| Changing Child Custody | p. 54 |
| Significant Change of Circumstances | p. 56 |
| Factors That Influence a Custody Modification | p. 56 |
| Reluctance to Change Custody | p. 59 |
| Modifying Visitation | p. 60 |
| Child Support | |
| The Laws of Child Support | p. 65 |
| Types of Child Support | p. 66 |
| Child Support Guidelines | p. 66 |
| How the Guideline Amounts Are Determined | p. 68 |
| When a Judge Can Depart from the Guideline | p. 70 |
| Paying Child Support | p. 71 |
| Other Payment Elements | p. 72 |
| When Child Support Ends | p. 73 |
| The Reality of Child Support | p. 77 |
| Who Gets Child Support Awards | p. 78 |
| What Percentage They Collect | p. 79 |
| What Amount They Collect | p. 80 |
| What It Costs to Raise a Child | p. 81 |
| The Child Support Gap | p. 82 |
| Single Parent Family Income | p. 83 |
| Calculating Child Support | p. 85 |
| What Financial Information the Court Needs | p. 86 |
| Income | p. 86 |
| Imputing Income | p. 87 |
| Expenses | p. 89 |
| Determining the Guideline Amount | p. 90 |
| Shared Income Model | p. 91 |
| Example of Shared Income | p. 91 |
| Percent of Income Model | p. 93 |
| Example of Percent of Income | p. 94 |
| Melson Model | p. 95 |
| Problems with Child Support Models | p. 96 |
| Departing from the Guideline Amount | p. 98 |
| Factors That May Affect Child Support | p. 99 |
| Modifying Child Support | p. 105 |
| Standards for Modification | p. 107 |
| Types of Modifications | p. 107 |
| Factors That May Modify Child Support | p. 108 |
| Child Support Worksheet | p. 113 |
| Preliminary Information | p. 114 |
| Monthly Income | p. 114 |
| Combined Income | p. 116 |
| Minimum Child Support | p. 118 |
| Paying Parent's Portion | p. 118 |
| Adjustments | p. 120 |
| Child Support | p. 122 |
| Negotiating a Parenting Plan | |
| Negotiating With the Other Parent | p. 125 |
| Settling | p. 126 |
| Advantages of Negotiation | p. 126 |
| Disadvantages of Negotiation | p. 127 |
| Preparing to Negotiate | p. 128 |
| Leverage | p. 129 |
| How to Negotiate | p. 181 |
| Negotiating Strategies | p. 182 |
| If Negotiation Fails | p. 184 |
| Using a Mediator | p. 137 |
| Using a Mediator | p. 138 |
| Advantages of Mediation | p. 138 |
| Disadvantages of Mediation | p. 139 |
| What Happens When You Mediate | p. 140 |
| Types of Mediation | p. 144 |
| Choosing a Mediator | p. 144 |
| What Mediation Costs | p. 146 |
| Using Lawyers in Mediation | p. 147 |
| Improving Your Chances in Mediation | p. 148 |
| Alternative Dispute Resolution | p. 149 |
| Arbitration | p. 149 |
| Conciliation | p. 151 |
| Private Courts | p. 151 |
| Advantages of Private Courts | p. 152 |
| Disadvantages of Private Courts | p. 153 |
| Creating a Parenting Plan | p. 157 |
| Parenting Apart | p. 158 |
| Shadow of the Law | p. 158 |
| What a Parenting Plan Will Do | p. 159 |
| What a Parenting Plan Will Not Do | p. 160 |
| Making Changes to Your Parenting Plan | p. 161 |
| Writing and Filing Your Parenting Plan | p. 163 |
| What to Put In the Agreement | p. 164 |
| Children's Developmental Stages | p. 165 |
| Creating a Custody Schedule | p. 171 |
| Dividing the Child | p. 172 |
| Creating a Schedule | p. 173 |
| Counting the Hours | p. 173 |
| School Year | p. 175 |
| Dual-Homes | p. 177 |
| Bird Nesting | p. 179 |
| Free Time | p. 179 |
| Holidays and Special Occasions | p. 179 |
| Summer Vacation | p. 182 |
| Making Decisions | p. 183 |
| Issues to Consider | p. 184 |
| Making Decisions | p. 193 |
| Hiring a Lawyer | |
| Finding a Lawyer | p. 199 |
| What Your Lawyer Will Do | p. 200 |
| What Your Lawyer Will Not Do | p. 202 |
| Types of Lawyers | p. 203 |
| How to Find a Lawyer | p. 205 |
| Hiring a Lawyer | p. 211 |
| The Interview | p. 212 |
| Preparing for the Interview | p. 213 |
| What the Lawyer Is Looking for During the Interview | p. 217 |
| After the Interview | p. 217 |
| Why Parents Should Not Use the Same Lawyer | p. 219 |
| What Lawyers Cost | p. 220 |
| Types of Legal Fees | p. 220 |
| Types of Legal Expenses | p. 223 |
| Fee Agreements and Retainers | p. 224 |
| Billing | p. 224 |
| If You Don't Pay | p. 225 |
| Working With Your Lawyer | p. 227 |
| What You Must Do for Your Lawyer | p. 228 |
| What Your Lawyer Must Do for You | p. 229 |
| When You're Unhappy with Your Lawyer | p. 231 |
| How to Solve Problems with Your Lawyer | p. 232 |
| How to Save Money on Legal Fees | p. 235 |
| Representing Yourself | |
| Representing Yourself | p. 241 |
| Pro Per | p. 242 |
| Advantages to Representing Yourself | p. 242 |
| Disadvantages to Representing Yourself | p. 245 |
| What Happens When You Represent Yourself | p. 247 |
| How to Represent Yourself | p. 249 |
| Getting Help | p. 251 |
| Preparing and Filing Court Papers | p. 253 |
| How to Create Court Papers | p. 254 |
| The Pro Per Toolbox | p. 255 |
| Researching the Law | p. 258 |
| Codes, Cases, and Rules | p. 258 |
| Finding Rules | p. 259 |
| Finding Codes | p. 261 |
| Finding Cases | p. 262 |
| Reading Cases | p. 264 |
| Creating Documents | p. 266 |
| Forms | p. 266 |
| Legal Documents | p. 268 |
| Writing Legal Documents | p. 270 |
| Citing the Law | p. 272 |
| Filing and Serving Documents | p. 274 |
| Filing | p. 274 |
| Service | p. 276 |
| Arguing in Court | p. 279 |
| Your Day in Court | p. 280 |
| Hearings | p. 280 |
| Argument | p. 282 |
| After the Hearing | p. 283 |
| Trials | p. 283 |
| Questioning Witnesses | p. 284 |
| Types of Witnesses | p. 288 |
| Objections | p. 289 |
| Physical Evidence | p. 290 |
| How Courts Work | |
| Introduction to the Law | p. 295 |
| Where Laws Come From | p. 296 |
| Federal and State Laws | p. 297 |
| How Law Is Organized | p. 298 |
| Uniform Laws | p. 301 |
| Case Law | p. 303 |
| Local Court Procedure | p. 304 |
| Policies of an Individual Judge | p. 306 |
| Courts, Calendars, and Judges | p. 309 |
| The Adversarial System | p. 310 |
| What Courts Do | p. 310 |
| Court System | p. 311 |
| Court Structure | p. 312 |
| Courthouse | p. 315 |
| Courtroom | p. 316 |
| Court Rules | p. 316 |
| Calendar | p. 318 |
| Judges | p. 319 |
| Jurisdiction | p. 322 |
| Venue | p. 325 |
| Forum Shopping | p. 327 |
| Motions, Hearings, Decisions, and Orders | p. 329 |
| Civil Procedure | p. 330 |
| How a Civil Case Proceeds to Trial | p. 331 |
| Pleadings | p. 331 |
| Discovery | p. 334 |
| Depositions | p. 335 |
| Interrogatories | p. 341 |
| Request for Admission of Facts | p. 342 |
| Request for Production of Documents | p. 343 |
| Subpoenas | p. 343 |
| Motions | p. 344 |
| Hearings | p. 350 |
| Conferences | p. 353 |
| Orders | p. 354 |
| How to Save Money During Pretrial | p. 358 |
| Trials and Appeals | p. 363 |
| Types of Trials | p. 364 |
| Trial Procedure | p. 364 |
| The Stages of a Trial | p. 365 |
| Preparing for Trial | p. 366 |
| Pretrial Conference | p. 369 |
| Trial Brief | p. 369 |
| Opening Statements | p. 370 |
| Petitioner's Case | p. 370 |
| Evidence | p. 371 |
| Direct Examination | p. 375 |
| Cross-Examination | p. 376 |
| Redirect Examination | p. 377 |
| Recross-Examination | p. 378 |
| Respondent's Case | p. 378 |
| How to Appear in Court | p. 379 |
| How to Testify in Court | p. 380 |
| If You Settle | p. 381 |
| Closing Arguments | p. 382 |
| Post-Trial Memorandum | p. 382 |
| Judgment | p. 382 |
| Post-Judgment Litigation | p. 384 |
| Appellate Courts | p. 385 |
| Appellate Decisions | p. 385 |
| Grounds for an Appeal | p. 386 |
| How to Appeal | p. 388 |
| Decision and Opinion | p. 390 |
| Difficult Problems | |
| Mistreatment of Children: Abuse, Neglect, and False Accusations | p. 393 |
| Child Abuse | p. 394 |
| Types of Child Abuse | p. 394 |
| The Reality of Child Abuse | p. 396 |
| Reporting Child Abuse | p. 396 |
| Child Abuse Database | p. 398 |
| Investigating Child Abuse Accusations | p. 399 |
| Physical Evidence | p. 400 |
| Interviewing the Children | p. 402 |
| Interviewing the Parents | p. 404 |
| Protective Custody | p. 404 |
| Arrests | p. 406 |
| Hearings | p. 406 |
| False Accusations | p. 407 |
| Why Parents Make False Accusations | p. 408 |
| What to Do If You Are Accused | p. 409 |
| Access to Children: Kidnapping, Custodial Interference, and Moveaways | p. 413 |
| Parental Kidnapping | p. 414 |
| The Reality of Parental Kidnapping | p. 414 |
| Why Parents Kidnap | p. 415 |
| Anticipating a Kidnapping | p. 416 |
| What to Do If Your Children Are Kidnapped | p. 418 |
| Kidnapping Laws | p. 419 |
| International Kidnappings | p. 422 |
| Custodial Interference | p. 427 |
| Reasons for Denying Contact | p. 427 |
| How to Enforce Your Custodial Rights | p. 428 |
| Failing to Visit | p. 429 |
| Moveaways | p. 429 |
| Moveaway Laws | p. 430 |
| Support for Children: Establishing Paternity and Collecting Child Support | p. 433 |
| The Reality of Child Support Collections | p. 434 |
| How to Collect Child Support | p. 435 |
| Finding a Parent | p. 436 |
| Establishing Paternity | p. 439 |
| Why You Should Establish Paternity | p. 439 |
| How to Establish Paternity | p. 440 |
| Genetic Testing | p. 441 |
| Enforcing a Child Support Order | p. 444 |
| Enforcement Methods | p. 445 |
| Collecting Across State Lines | p. 451 |
| How to Improve Your Chances of Collecting Child Support | p. 452 |
| State Appendix | p. 457 |
| Glossary | p. 565 |
| Index | p. 575 |
| About the Author | p. 585 |
| Table of Contents provided by Ingram. All Rights Reserved. |
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