- Does Geographical Residence of a Parent Affect a Custody Decision?
When deciding who the child lives with in a divorce settlement, the judge may base their decision at least partly on the geographic location of the parents. For example, if one parent has moved to a new part of the country, far away from the original home where the two parents lived together when they were married, the judge may not grant custody to that parent.
Other factors will come into play, of course, but the judge will be looking at the child’s well-being. If the child has lived in the area for a long time, establishing relationships and getting used to the school and the town, then the judge would be more likely to keep the child in the same place.
The judge will consider how comfortable the child would be living with one parent or the other. If the move to a new location would be deemed emotionally distressing, then the judge may not allow custody of the child to the parent who lives far away from the child’s current home.
The judge may post a geographic restriction on where the child is allowed to live. This usually occurs when both parents live in the same general area. The judge will then impose an area restriction based around where the two parents live, where the child’s school is located and other areas of interest and importance to the child.
The parent who has custody of the child may not be allowed to move the child outside that area unless they receive permission from the other parent. If the other parent moves away, however, then the restriction will be lifted because the area will no longer be deemed important to both parents.
When deciding the custody of the child, the judge may also take into consideration the quality of life they will receive with one parent or another, depending on the geographic location of the parents. If one parent lives in what is considered a dangerous neighborhood, where the child’s chances of success and well-being are considered at risk, then the judge may not grant custody of the child to that parent while they live in that area.
That kind of decision can be made regardless of what other factors are working in that parent’s favor. Of course, these situations have a considerable degree of complexity and it’s wise to consult a qualified law firm to help you navigate all custody issues.
- How Bail Bonds Work
Bail – What Is It?
Many of us will have watched news broadcasts when we witness a celebrity being released on bail where the bail was set at $xxx, dollars.
So what exactly is bail?
Bail is a financial guarantee that if you are released from custody, that you will return to court when required. If you fail to return to court on the specified day, you are effectively forfeiting the amount of money of the bail.
Bail is not guaranteed, the judge can refuse to give bail to anyone for any number of reasons, but in most cases, everyone is offered the option of bail. As the person in jail you do not have to pay the bail, it is an option, but in most cases, people are only too happy to pay the bail and get out of jail.
Using a Local Bail Bondsman?
In the majority of cases, the amount of the bail is normally more than the majority of people will have in liquid cash, and while it is possible to use assets to cover the bail, most people will seek the services of a bail bonding agency like http://angelsbailbonds.com/norwalk/.
The bail bonding agency will then pay the bail amount and assume responsibility for ensuring that their new client will turn up at court. If the subject of the court case fails to turn up for the court, then it is very likely, and totally legal in the United States, for the bail agency to hire a bounty hunter in order to find the subject. Interestingly the United States is one of the few countries in the world that allows the use of bounty hunters.
In the majority of cases when you use a bail bondsman you will pay an up-front deposit which is non-refundable, even if you are subsequently found not guilty. The amount of this deposit can vary depending on circumstances, but in general, the rate is 10 percent of the bail amount. Should the client decide to abscond, and the bounty hunter finds them and returns them to court, normally the bail bond company will get their bail money returned, as they have then completed their side of the agreement.
Using Collateral to Guarantee Bail
In order to cover themselves, most bail bonds companies will take out some form of security, on the subject’s assets, to cover all eventualities. If the client doesn’t have enough assets to cover the cost, then it is normal practice for the bail bond company to take out securities against other family members, or friends, who are prepared to assist their client. Depending on the size of the bail this could even involve taking a lien on the person’s home.
If you are going to assist a family or friend in their attempts to get bail, you need to be 100 percent confident that they will actually turn up at court, or alternatively be prepared to forfeit the amount of money you guaranteed. Watch this video if you want to know more about how bail bonds work.
Hopefully you won’t ever require the services of a bail bond company, but if you ever do at least now you have some idea how the process works.