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(417)
683-2987 •
1-888-SWATOSH (792-8674) • (417) 683-2985
223 S.E. 2nd St. • P.O. Box 190 • Ava, Mo. 65608 email: chris@swatosh.com |
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One of the most trying, stressful, and emotional issues in the legal field is Family Law. Whether it is a divorce, modification of an existing decree, collection of child support, establishing paternity, grandparent's rights, adoption or guardianships, you need an attorney who is experienced, and will reduce the turmoil surrounding your particular situation. I have assisted numerous clients with their individual Family Law cases, and I feel it is my job to provide you with experienced legal advice and emotional support to help you get through this difficult time. I have also provided services for the name changes of families and individuals. If you do not see your particular situation listed, call me, I am always looking for a challenge. While I can not fight all the Family Law battles that are brought to my attention, if you have an interesting case, give me a call or e-mail me. I may be able to help you, and it does not cost anything to talk. Helpful links: Divorceonline.com Common Threats in Dissolution Proceedings A lay person's guide to the psychological warfare that can accompany divorce. "I will tell that 'X', and you will never get the children." 'X' can be that you are having an affair; that you are seeing an analyst; having an additional glass of wine per day; or any one of a thousand things. Chances are 'X' has little or nothing to do with the best interests of the children and will be disregarded in planning the children's future. Your attorney is a dud, or out to get our money, or why don't we use one attorney and save more, or your attorney is really partial to me, etc., etc. These are divide and conquer tactics. If there is a way to save legal costs, we are also looking for it and will discuss it with our clients. "Unless you play this my way, you'll never get a dime." The threatener is accustomed to being the authority figure. That is no longer the case. The marital property will be divided evenly. Support will be awarded, probably in accordance with the schedule. "Why are you trying to take my money? (my pension, my children, etc.)" Then answer is that you are entitled to your share of the marital property. "I'll go to jail before I'll pay you a dime." So be it. There are various ways to enforce support obligations through wage assignments or levy of execution for example. Jail is the remedy for contempt and is rarely enforced. "I'll quit my job before I'll pay you that kind of money." Write down the place and date where the statement was made. Try to get a witness to the statement. Intentional malingering is not countenanced by the courts. "When the judge sees my expenses, he will award less (more) than the support from the schedule." This is not true. Support is based primarily on income. "You'll never see the kids again." There are strong laws prohibiting childnapping. A parent who attempts to move away in order to prevent visitation, risks the wrath of the courts. Even if the court permits removal, it will order longer periods of visitation and additional travel expense. Failure to allow visitation may result in a custody change from one parent to the other. "If you don't do things my way, the judge will order that we sell everything." The Court will not order the same of an asset unless there is a good economic reason for it. The Court will generally do all or a combination of the following:
If you are being pressured with these kinds of comments and threats, keep a running diary with dates, places, occasions and summaries of conversations occurring. Don't phone your attorney every time a threat comes in. Our purpose is to show a pattern of threats The best response is to ignore them. Go forward and attempt to reach a reasonable resolution of your case. Common Terms used in Family Law Cases. Petition - A written request to a court for action on a certain matter. Answer - A written response to a petition. Petitioner - The person who files a petition with the court. Respondent - The person who files an answer to a petition. Summons - Notifies the person against whom a petition or motion to modify has been filed of the date to appear in court or to file an answer. Personal Service - Delivery of a summons by a sheriff or private process server to the person against whom a petition or motion to modify has been filed. Entry of Appearance - Notifies the person filing the petition or motion to modify and the court that the person against whom the petition or motion to modify has been filed will appear at any court hearing. Dissolution (Divorce) - The process by which a marriage is ended. Judgment of Dissolution - A court order containing the terms under which a marriage is ended. Judgment of Legal Separation - A court order containing the terms under which a married couple will live separately. Custody - Joint legal custody, sole legal custody, joint physical custody, sole physical custody, or any combination thereof. Sole Legal Custody - One parent has the decision-making rights, responsibilities, and authority relating to the health, education, and welfare of a child. Joint Legal Custody - Parents share the decision-making rights, responsibilities, and authority relating to the health, education, and welfare of a child. Sole Physical Custody - A child resides primarily with one parent or is under the care and supervision primarily of one parent. Joint Physical Custody - Each parent has significant but not necessarily equal periods of time during which a child resides with him or her or is under his or her care and supervision. Visitation - The right of a parent to spend time with his or her child. Parenting Time - The time each parent spends with his or her child. Third-Party Custody - Another person, often a relative, named by the court having legal and physical custody of a child. Motion to Modify - A written request to a court to change specific provisions of a judgment of dissolution or legal separation. Modification Judgment - A court order containing changes in the terms of a judgment of dissolution or legal separation. Mediation - A trained, neutral person often appointed by the court helps parents make decisions about and for their children. Family Violence - Attempting to cause or causing bodily injury to a family or household member, or placing a family or household member in fear of physical harm. Family Law Links What are the Rights in an Existing Family? Child Abuse and Domestic Violence Property Distribution in Divorce |
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