The process of filing for bankruptcy is in itself a very complicated one. You will fill in a lot of paperwork and submit lots of documents to prove your case. Working with an experienced attorney helps you to do things right from the beginning and increase your chances of having the case accepted in court. But even before you contact your lawyer, there are certain basics you ought to know.Click to Read more about personal injury attorney biloxi Your Satisfaction Guaranteed
Understand the alternatives available
Bankruptcy should be your last resort. Your lawyer can help you think through other options that are available for someone in your situation. Cheap bankruptcy lawyers are able to negotiate with creditors so that they can accept a certain percentage of their money directly from the debtor instead of going through the bankruptcy process, which in most cases they are likely to recover very little money.
The attorney can also advice you on how to reduce your debts. He/she should be able to explain in detail the options you have instead of pushing you to file for bankruptcy. At the end of the day, you should be able to get out of debt without spending a lot of money and a bankruptcy attorney can provide alternatives to help you achieve this.
Filing for bankruptcy on your own
This is one of the bankruptcy blunders many people make only for them to realize when it’s almost too late. The law allows you to file for bankruptcy on your own but it’s up to you to ensure that everything was done appropriately. Many people who have opted to file for bankruptcy without the help of a lawyer have ended up missing out on very critical steps that cost them a lot.
The entire process is just too complicated to handle on your own. What most people don’t realize is that, filings that have been done erroneously will be more expensive to hire a lawyer to come in and correct as opposed to someone who chose to work with a bankruptcy attorney from the start.
The custody evaluation is often referred to as a “730 Evaluation.” This is because the respective section of the Evidence Code authorizes a judge to order such an evaluation. Typically, the need for such an evaluation arises in the context of unresolved questions about one or both parents’ parenting practices, a parent’s mental health problems because they may diminish parenting capacity, and concerns about child abuse, substance use, and other circumstances that may have a negative impact on the “child’s best interest.” One such circumstance occurs when one parent wants to move out of state and the other parent objects to the move.By law, the evaluation is supposed to answer the question of what is in the best interest of the child. That is the golden standard in all jurisdictions in the US, and it is supposed to serve as the basis for the judge’s custody/visitation orders. However, what is and is not in the best interest of the child is controversial both from a legal and psychological perspective, a question that will be addressed in another article.For Additional hints Visit to lawyers in Rockville MD
While in theory, any person can hire a suitable mental health professional to conduct an evaluation, unless the evaluation involves all relevant family members (usually both parents and all minor children, but sometimes also the stepparents, step-siblings, grandparents and others, say a nanny), it will be considered a one-sided evaluation. Such one-sided evaluations are discouraged by the courts as well as by the ethics of the mental health professions, a point I will return to below. An expert hired by one side will often be viewed as a “hired gun.” Since it is in the court’s discretion whether to accept the evidence of a “hired gun,” and since a judge may decide against hearing the hired gun’s evidence, the effort and expense become risky.The custody evaluation is conducted by a qualified mental health professional. The qualifications include having the right training and experience. Typically it will be a psychiatrist or psychologist, although some social workers and some Marriage and Family Therapists (MFT) also do them. Because psychiatrist’s training does not include psychological testing, they are typically not qualified to administer, score, and interpret psychological tests. Most often that is done by a psychologist, because it is a regular part of their training.
Some psychologists do their own psychological testing, while others will refer that portion of the evaluation to a professional who is experienced in psychological assessment. Similarly, an evaluator who is a psychiatrist will likely refer the testing to a psychologist. In this scenario, the family would undergo psychological testing by the testing professional. The job of that professional will be to describe the personalities and family dynamics, and alert the referring professional to any potential mental health or parenting problems. The testing professional is not supposed to make any custody/visitation recommendations. That job is left up to the referring evaluator, who is under obligation to the court. The evaluator will summarize their work, findings and recommendations and submit a written report.In some jurisdictions, a “mini-evaluation” can be ordered. It is referred to as “mini” because it is less extensive than the typical evaluation. This may be requested to speed up things, or when the scope of the evaluation can be reduced such as when the court wants to know the answer to a particular question.