What Is the Friend of the Court and What Does It Do?
The Friend of the Court (FOC) assists the court with custody, parenting time, and child support issues. Among other things, the FOC:
Investigates and makes recommendations about custody, parenting time, child support, and medical support
Helps parents settle disputes during and after their case
Makes sure parents obey court orders about custody, parenting time, and child support
Gives people court forms for some family law issues (you don’t need a lawyer to use these forms)
Can the Friend of the Court Make Orders in My Case?
No. Although a judge may consider a FOC recommendation, the judge does not have to follow it.
Conciliations, Investigations, Recommendations, and Temporary Orders
Some FOC offices use a process called conciliation near the beginning of a divorce or custody case. During conciliation, an FOC employee meets with the parties. The goal is to help them agree on custody and parenting time arrangements, and/or to calculate child support.
Sometimes the parties don’t reach an agreement during conciliation. Then, the FOC employee may make a recommendation for a temporary custody, parenting time, and child support order. The child support recommendation is based on the parties’ financial information and the number of parenting time overnights. This recommended order usually becomes a court order unless one of the parties objects. To learn more about how child support is calculated
Things an Elder Law Attorney Can Do to Help Family Caregivers
Elder law attorneys work primarily with seniors, taking a holistic approach to legal issues that people commonly face as they age, especially with health, housing, financial well-being and long-term care.
However, an elder law attorney can also help family caregivers explore options for their loved one’s current situation and explain how to plan for what could happen down the road, especially when a debilitating illness may necessitate long-term care.
According to the National Academy of Elder Law Attorneys, elder law encompasses many fields of law, with elder law attorneys specializing in numerous areas, which can include:
Administration and management of estates and trusts
Elder abuse and fraud
Estate planning, probate, trusts, wills and other financial documents
Long-term care placements in life care communities and nursing homes
Medicare and social security appeals and claims
Preservation/transfer of assets to avoid spousal impoverishment when a spouse enters a nursing home
Advise what is best for the client.
Families are frequently split on the type of care they want for their parents
Develop a plan for long-term care.
Because an elder law attorney sees nearly every type of financial and medical situation that seniors and their families may encounter, he or she has a good idea of what may lie ahead
HOW TO CHOOSE THE RIGHT FAMILY LAW LAWYER
When you are facing a divorce, one of the first rational questions that comes to mind is, “How do I find a good lawyer?” Knowing how to choose a family law lawyer who will provide you with the legal advice you need, at a price you can afford, and be the right fit for your situation, is not easy.
This is the FIRST decision you need to make!
You have to decide whether you want to use mediation, litigation, Collaborative Family Law. Then you can start looking for a family law lawyer who is experienced in resolving issues that arise as result of a divorce using that process.
Decide what kind of legal service that you need.
While everyone who is going through a divorce needs legal advice (at least in my humble opinion!), not everyone needs a $500.00 per hour big city divorce law firm on their case.
If you have a lot of assets, own companies, or have a complicated financial situation, then, yes, you are going to need an experienced lawyer, or law firm, who understands finances and is equipped to handle a complicated marriage breakdown.
Figure out what you can afford.
No one wants to pay thousands of dollars (or more) to a family law lawyer. But, there is such a thing as being penny wise and pound foolish.
Common Questions for Our Family Lawyers
hiring a family law attorney is their first experience dealing with lawyers. You may have many questions at the outset about whatever legal challenge you might be facing. Whether you are pursuing a divorce or trying to assert your custody rights with the mother of your child, there are lots of helpful resources available.
How do I know I need to speak to a lawyer?
If you are facing a contentious divorce and your spouse is being combative, has hired an aggressive attorney and/or is being dishonest, then having your own lawyer ensures that your rights and interests are protected. Even if your experiences are more amicable,
For those who cannot afford to hire a lawyer, there are several local organizations listed below that offer legal aid. If you qualify for one of these programs you may be able to work with a pro bono attorney who will represent you either for free or for a very minimal cost.
What should I expect from my lawyer?
Your lawyer should have a general plan for how your case will proceed once they obtain the information they need from you. They should speak with your spouse’s attorney right away and they should be responsive to your phone calls or email messages. Your attorney should not make a lot of lofty promises, but they should make sure that you understand the reality of your situation. They may tell you things you don’t want to hear. They should prepare you to appear in court, answer your questions and be a strong advocate for you
While you will not look to your attorney to be your best friend, they should always be honest and forthright with you. If your attorney does not return your phone calls, puts you off, offers vague responses to your questions, or is pressuring you to do something you do not want to do, you are free to let them go and find another attorney.
Tips to Effectively Prepare for Your Child Custody Case
Being a part of your child’s life is irreplaceable. That’s why fighting for custody of your child or children is so important. There are things that you can do before and during the court case to increase your chances of getting the outcome you want.
custody case is to determine what is in the best interest of the children. Your job is to show that you are a loving, responsible, and stable parent and that you can offer a safe and supportive home for your children
Show Responsibility and Engagement
While you cannot change any of your behaviors from the past, you can start right now to begin positioning yourself as a responsible and engaged parent. Ideally, you want to do this long before your child custody case so that you can show a positive pattern of behavior. You may still be struggling with feelings of anger, betrayal, and bewilderment after separating or divorcing your partner. It is important to work through these emotions, (perhaps with the help of a professional therapist), but you must also be able to set aside your own struggles to be a good parent for your children, especially now!
Spend as much time as possible with your children
Utilize all of your custodial time to show that you want to spend time with them. If you skip appointments, you may come off as an uninterested parent. Try to avoid leaving your children with your family or in daycare unless absolutely necessary.
Be dependable
Pick your children up on time for your custody sessions, appointments, school, sports practice, etc. Show that you are a responsible and reliable person.