When you need legal advice, you may have to set up a consultation with an attorney.    Consultation fees for attorneys vary--some attorneys offer free consultations and others charge a fee for consultations.    Your consultation is a time to get general information about your case and legal options and to interview the attorney to see if you like them and think they are the right fit for you.     Once you have your consultation, you do not have an actual attorney/client relationship until you sign a contract with that attorney and pay a retainer fee.          When you retain an attorney, they should always give you a copy of your legal contract with them regarding your case and representation.    The contract should have provisions regarding the scope of the attorney's representation, information regarding fees, and hopefully information regarding the attorney's communication policies.

It is possible that you may have to do consultations with more than one attorney to determine who would best represent you.     Attorneys have different approaches and styles and you can learn a lot about them during the consultation.     An attorney is not obligated to represent you just because they have a consultation with you.

Making the decision to give up custody of your children is something you need to think about very carefully.   If you lose custody of your children, whether to a relative or non-relative, you lose your superior parental rights.    That is not as bad as having your rights completely terminated, but it has serious consequences for your relationship with your children.     It will be very difficult to ever get custody back, but you will be able to maintain a relationship with them.      

If you are involved in a case where you believe you may risk losing custody of your children, especially in Hamilton County Juvenile Court , give me a call.      I will help you fight to keep custody and advise you of everything you will need to do to prove your fitness to the court.    

When you finally make the difficult decision that you are going to have to file for divorce, there are a bunch of things you should go ahead and start doing to prepare.   Gather together financial documents, including copies of bank statements, investments, pensions, and tax returns.    Check on the status of life and health insurance for yourself and your children. 

Start looking at the parenting classes that are offered in Hamilton County and determine which one will fit in easiest with your schedule.   Start stockpiling away some money as well, because divorce costs money.   There are filing fees and attorney's fees, as well as fees for mediation.    If any part of your divorce is contested, both Hamilton County Circuit and Chancery Courts require you to go to mediation---most mediators charge anywhere from $150 to $200 an hour, often with a two (2) hour minimum.     It would be best for your case if you can reach an agreement with your spouse regarding the various issues in your divorce, which will include property division, splitting assets and debts, custody, and child support.

If you know you will be filing for divorce, you should start thinking about these issues ahead of time and make a list of your negotiables and non-negotiables.      Be realistic.    It is very unlikely that you will get everything you want.      If you can compromise on a few things, you may end up with a much better resolution than a judge will give you.

I have a lot of child support clients that are facing contempt charges.    The Child Support agency in Hamilton County is very powerful.   If you get behind on your child support obligation, they can take away your driver's license, freeze your bank accounts and intercept any income tax refunds you may get.       You can also be sentenced to jail time.

If you owe child support, it is very important you pay it on time.    If your financial situation changes, or you lose your job or work hours, you need to file a petition to modify your child support obligation.   Filing the petition currently costs $75.     Realize that if you file a petition to modify, you will risk having your obligation raised instead of lowered, so make sure you have properly used to the worksheet before you file.

Another important point about child support.       A lot of fathers believe that if they buy gifts for their children on the side, such as clothing or school supplies, that this will count towards their child support obligation.     It does not and based on the conversations I have had with Maximus attorneys, I know this is frowned upon.   If you owe child support, buying gifts for your children does not get credited towards your obligation--it will in fact look bad for you if you are behind on child support and come into court on a contempt petition and say you have been buying gifts on the side.   Bottom line, if you have the money, send it in to the state on your obligation---and by all means, get receipts to make sure you get properly credited.

I just listened to an online training on depositions and the presenter had five (5) rules for depositions.    Here they are:

1.     Listen to the Question.
2.     Understand the Question.
3.     Think a minute before you answer.   Sometimes how you say something is as important as what you say.
4.     Answer the Question.
5.     Shut Up.   Don't feel the need to feel in any silences.    Don't get what the author referred to as disc jockey syndrome--you don't need to fill in all of the dead air.   Where people often get in trouble is when they go way beyond the scope of the question, and unnecessarily so.    Only answer the question asked.

These are great rules and a great summary of a much longer deposition rule summary I blogged about earlier.

A lot of clients get anxious about testifying in court, so here are some basic rules to follow:
1
Relax and listen carefully to the questions asked.   Most people get nervous about testifying in court. There are many reasons for that. It is a very intimidating environment. If you are not truthful on the stand, you could be held liable for perjury. Also, in all likelihood, your testimony is going to make someone upset. The key to testifying is really to stay calm and relaxed. Do not feel rushed. Attorneys are notorious for asking confusing questions to try to throw you off track. If you don't understand the question, don't answer it. Ask for clarification. Take deep breaths and slow the process down if you need to.

2
Do not Volunteer Information or Guess.   Answer only the questions that are asked by opposing counsel. Only testify regarding things you personally have knowledge about. Do not speculate or offer your opinion about something unless specifically asked. And if you don't know the answer to the question, the answer is "I don't know". If you feel pressured to give an answer and make something up, that can come back to haunt you later. If the questions are asked by your own attorney, then the questions may be more open-ended and require you to give longer answers. Your attorney should be preparing you for your testimony before trial. If you are just a witness, however, you will probably not have an attorney to prepare you.

3
Prepare for court.      In all likelihood, you will know what you are going to be testifying about. It is important that you review all relevant documents ahead of time. If you kept a calendar of important dates, bring it. The wisest choice may be to make a cheat sheet to bring to court with you of all of the relevant dates and events in the case. That way if you get on the stand and get flustered, you can use your cheat sheet to jog your memory. Most courts will allow this, although you may be required to give a copy of your cheat sheet to the other side, or it may get entered into evidence.

4
Dress Appropriately and Keep your Cool.    You may not realize it, but part of your testimony on the stand is your personal appearance and demeanor. Both Judges and juries will be judging your credibility. It is important to show respect for the seriousness of court proceedings by dressing appropriately. Most courts have specific rules regarding a dress code, but even if they don't, it is inappropriate to wear things like tank tops, muscle shirts, and shorts. The best way to approach your clothing is to dress like you were heading to a business meeting or to church. Regarding your credibility and appearance, it is also inappropriate to use foul language in court. If you lose your temper or argue with attorneys, your testimony will lose its power. The way you present yourself in court is important at all times, even when you are not testifying.