Many relationships go through difficult times where it feels like you’re alone, but you don’t have to live with depression and grief. Get legal advice to move on if that is what’s best for you and your family.
Thursday, April 23, 2015
Tuesday, April 21, 2015
Qualities of a Top Child Custody Lawyer
When you and your spouse are going
through a divorce, working out child custody is one of the most
difficult parts of the separation. It takes a special lawyer to protect
the best interests of your children, while maintaining your best
interests.
Experience and Knowledge
A top child custody lawyer will have
experience in divorce and family issues. If you have to be concerned
about federal statutes, such as if a parent is in the military, you want
a lawyer who knows how to navigate multi-jurisdictional custody issues.
Look for someone with experience in family court.
Negotiation Skills
Your attorney will most often attempt to
work out an arrangement before the courtroom. Having the skills to
negotiate and mediate this agreement saves time and money for you, and
helps you get the points that you want. An attorney who is familiar with
mediation or alternative dispute resolution procedures can help you
avoid litigation.
Reputation and Trust
Other lawyers and clients can tell you a
lot about your attorney. A top quality child custody lawyer will be
respected in the community and come recommended. Because you are placing
so much trust in your attorney, you need to be able to confide in them.
It’s important to have confidence that your attorney can deal with the
good and the bad effectively. Your lawyer needs to listen to you and
your goals. Your objectives and those of your children need to come
first. To learn more about finding a top child custody lawyer in Palm Desert, click here.
Access to Judicial Administrative Records
Effective January 1, 2010, rule 10.500 of the California Rules of Court set forth comprehensive public access provisions applicable to judicial administrative records maintained by state trial and appellate courts, and the Judicial Council of California (the council)... read more
Thursday, April 9, 2015
Considering Grandparents’ Rights in a Divorce
One of the considerations in divorces
that is often overlooked is the rights of grandparents. Questions about
these rights have become more pronounced as divorce rates continue to
rise and as grandparents play an increased role in the raising and
nurturing of children. Here are a few principles to help guide your
understanding of this issue.
1. The issue is complicated and often does not have specific answers
Grandparent considerations vary from
state to state. In addition, various state legislatures have deemed
federal and even state regulations to be illegal within their state.
This means that there are no set or universal answers. Often, the
questions must be handled by a judge on a case-by-case basis.
2. Different types of rights
The rights that grandparents seek are
similar to those that a spouse tries to maintain: visitation and
custody. While it might seem that visitation is an easier right to
acquire, this is not necessarily the case. There is no federal guideline
or constitutional provision for grandparents, and unless an individual
state allows for visitation rights, there may be no legal means to visit
grandchildren after a divorce. Custody rights are more commonly
considered because a grandparent may have a significant or even primary
role in raising children. In these cases, a judge may be more likely to
award partial custody rights to grandparents.
While no sweeping laws have been passed
that regulate grandparents’ rights in a divorce, the conversation is
becoming more common. If you have questions about this, you should visit this website to consult a family lawyer in San Diego
Wednesday, April 8, 2015
Knowing When to Call It Quits
Once a marriage turns sour, there is no telling where all of the repressed anger, resentment, and disappointment will lead. Understand that it may be best to obtain a divorce or annulment before the relationship turns ugly. Put an end to the bitterness and frustration.
What is Child Support Modification?
Navigating the seas of your child
support ruling can be difficult when unexpected changes enter your life.
Even the most diligent of mothers or fathers can experience situations
that make meeting child support payments difficult, if you find yourself
unable to pay, it may be necessary to make some changes. Child support
modification is the process of changing that agreement to be more
relevant with current situations.
Making Changes
Child support agreements are legal,
binding agreements between divorced couples. In many cases it is
necessary to appear before a judge in order to complete the process.
However, certain situations and judges may include a special clause in
the agreement that will allow you to alter their payments yearly in
accordance to your income and other economic factors.
In the event that you lose your job, or
are involved in a medical emergency, it’s important that you promptly
request modification. If possible, discussing the modification with the
other parent and attempting to come to some agreement prior to
officially requesting may help the process move more quickly.
Organization Helps
Regardless of the reason for your request to modify, it is recommended that the requesting parent organize themselves.
- proper documentation
- estimated date to resume agreed payment amount
- income/cost of living paperwork
- understanding of state laws
- understanding of current child support agreement
Making an effort to have these types of
things ready when you want to modify your child support agreement can
prevent confusion, and in some cases even increase the likelihood of
approval. For more information about a child support attorney in San Diego, please visit this website.
Applying for Child Support Services
Child support program services are delivered through 51 local child support agencies... read more
Tuesday, April 7, 2015
A Good Marriage is Rooted in Love and Mutual Respect
Throughout India, men abduct women, forcing them to become their wives. Marriages governed by violence and force can never prosper. They are destined to atrophy. It is only when marriages are founded on love and mutual respect that a meaningful bond is created.
Identifying Domestic Violence
Whether you are in an abusive
relationship or you are concerned that someone you know is in one, it is
helpful to know what qualifies as domestic violence. Some of the signs
are obvious, but there are many that are less apparent. If you can
identify violent behavior for what it is, you are one step closer to
getting yourself or someone you love out of a dangerous situation.
1. Domestic violence is physical abuse
Physical abuse is the most obvious sign
of domestic violence and includes choking, hitting, slapping, pushing,
or throwing things at the victim. Keep in mind that if it causes harm,
it is abuse.
2. Domestic Violence is Emotional Abuse
Emotional abuse is harder to identify. It
can include threatening, pressuring a partner to do or stop doing
something, name calling, and intimidating. Signs could include one
partner being overly controlling, one partner feeling scared or anxious,
and a pattern of declining social interaction by one partner.
3. Domestic Violence can happen to any member of the family
While statistically, men tend to abuse
women more than the other way around, abuse can happen from a woman to a
man, within same-sex relationships, and from adults to children. It is
not necessary for partners to be married or for adults to be the
biological parent of children. Any behavior from one member of a family
or couple to another that is abusive is considered domestic violence.
In situations where domestic violence is happening, get safe and get help. You may want to contact a domestic violence attorney in San Diego, visit this website for more information.
California Parent Locator Service
The California Parent Locator Service (CPLS) is available for authorized agencies to quickly locate noncustodial parents and their assets... read more
Monday, April 6, 2015
Determining What Is In the Best Interest of Children
If you are going through a divorce and you have kids with your ex-spouse, there will be a process of determining who gets custody of the children. One of the most important decisions the court will make is deciding who gets custody of them. The court will consider some overarching guidelines to make this determination. These include the children’s current situation, the mental and physical stability of both parents, potential threats to the children, and also the preference of the children.
One thing that the judge will look at is the current situation of the children. If the established arrangement from any separation between the spouses is working and providing a safe environment with access to both parents, there is a chance the court will maintain that setup. This can create less stress on the kids than an unnecessary change.
Another factor that the judge will weigh is the mental and physical stability of the parents. This includes any history of mental illness or a debilitating physical illness. It also includes the ability to provide mental and physical stability. This means that if a parent does not have adequate housing or income to provide for the material needs of the children, the judge may consider this as a negative factor.
If there is the possibility of harm to the children, the judge will be likely to steer them away from that parent. This could include obvious things such as a history of physical or sexual abuse. It could also, however, include the habits of one of the parents, such as drug use or alcoholism. If the behavior of a parent poses a threat to the children, this could be a reason for a judge to place them with the other parent.
A final consideration with children who are old enough to articulate their feelings and preferences is the opinion of the kids. While a stated preference on their part does not automatically mean that a judge will place them where they want, it is a factor to consider.
It may be difficult to distance yourself from a divorce enough to consider the best scenario for your children. That is why the judge steps in to make the final call. Finding a good attorney, however, will also help you understand the process and requirements of custody decisions. For more information on a child support attorney in San Diego, you may want to visit this website.
What You Need to Know about Property Division
One of the primary legal functions of
a divorce is to divide property and assets between the two spouses.
Here are some basic guidelines to help you understand the process.
1. Different states handle this process differently
The first thing to know about property
division is that there are two different ways that states handle this
process. In community property states, property and assets are
considered co-owned between spouses if acquired during the marriage, or
separate property if acquired outside the marriage. Community property
is usually divided evenly and separate property remains with the
original or specific owner. Other states follow a process of equitable
distribution. In this case, the court divides assets fairly, but not
necessarily equally.
2. Who gets the house?
In a case where spouses have separated
and one has remained in the house with children, that spouse will often
keep the house as an result of the court trying to provide stability for
the children. If no children are involved, or if neither spouse is
living in the house, the court will decide who keeps the house, or
whether it should be sold.
3. You can negotiate outside of court
If both parties are willing to negotiate,
their attorneys can handle the distribution outside of court. This is
often not possible because of the tension between the two parties.
Dividing property during a divorce can be
complicated and even painful. Not only do different states have
distinct ways of doing it, but many assets, such as a home, have
emotional value that transcends monetary considerations. If you want to
know more about a property division lawyer in San Diego, visit this website.
Divorce Provides an Escape From Bitterness and Volatility
Every relationship is prone to arguments and disagreements. However, when the fights prove volatile and endless, perhaps it is time to terminate the relationship. Divorces allow couples to avoid the descent into bitterness and bring an end to the constant tears and shouts.
Sunday, April 5, 2015
What Is a Restraining Order?
A
restraining order is a court order that protects you against abuse and
harassment. It essentially orders a person not to do certain behaviors
against you or your property. If the person does not follow the order,
there are legal consequences for their behavior that can be enforced by a
judge. There are both civil and criminal restraining orders and they
each offer different types of protection.
Types of Restraining Orders
There are typically three different types of restraining orders:
•
Temporary (TRO) – This is the type of order that you get when you
apply. It’s a short term order, lasting less than a month. It provides
protection until a court hearing can be held.
• Emergency Protective Order – This order can be issued very quickly and goes into effect immediately. Typically it is issued when a police officer responds to a domestic violence case. They can call a judge and ask for it. It usually only lasts a week, but it gives you time to apply for a temporary and permanent order.
• Permanent Restraining Order – This type of order can be in effect for months or years. You do have to appear before the judge to obtain this type of protection, and the person who is being restrained will be allowed to speak to the judge as well.
• Emergency Protective Order – This order can be issued very quickly and goes into effect immediately. Typically it is issued when a police officer responds to a domestic violence case. They can call a judge and ask for it. It usually only lasts a week, but it gives you time to apply for a temporary and permanent order.
• Permanent Restraining Order – This type of order can be in effect for months or years. You do have to appear before the judge to obtain this type of protection, and the person who is being restrained will be allowed to speak to the judge as well.
Getting
a restraining order is step in protecting yourself and your children.
Please don’t hesitate to obtain one if you are in danger. Although a
police report is evidence that one is required, you do not need a police
report to obtain a restraining order.
To learn more about obtaining a restraining order and child support attorney in Palm Desert, click here.
Compromise of Arrears Program (COAP)
COAP is a program for eligible noncustodial parents (NCPs) to reduce the past-due child support they owe to the government... read more
Choosing a Family Lawyer
Many times, people don’t think about needing a family lawyer until
the situation is out of hand. When you’re looking for an attorney, you may be
under pressure and financially strapped, so it’s important to make sure you
choose wisely so that you don’t waste time or money while going through the
legal process. Here are some tips to help you pick a good attorney for your
family.
Before you start to make calls to a lawyer, know what you want. A
divorce that can be mediated is much different than one where you’re facing
domestic violence or a long custody battle. Determine your own circumstances so
that you are not heavily influenced by the expertise of your attorney. Have a
list of your priorities to see how the attorney will fit in with your goals.
You need to be realistic with your attorney. Your lawyer is not
your therapist or coach. They are there to direct you through the legal
process. Make sure that you can work with your attorney on that level. You are
paying them for their legal expertise, not for them to be your sounding board
about your anger. Use your money wisely.
Choose an attorney with whom you can be perfectly honest and up
front. You may have things that are embarrassing to discuss, but you have to
let them know so that they can prepare. Your attorney is not there to judge,
but to protect your interests, and that of your children.
Make sure that your attorney matches your goals. Sure, the goal
might be a divorce. However, if you want to mediate the settlement instead of
litigate, your attorney needs to be on board. They should also be focused on
gaining what’s important to you and not using your children as weapons. Good
attorneys listen to their clients, and make sure that their wishes are
respected.
When selecting your family attorney, make sure that they don’t
make promises. The law is capricious, and while many attorneys have a lot of
success, they cannot guarantee the outcome. During your consultation, watch how
they interact with you. If they take calls or seem distracted, it is a bad
sign. You want them to be respectful of your time, just as they expect you to
be respectful of theirs.
The right family lawyer makes all the difference in your legal
proceedings. Take the time to interview your selection before signing a
contract to ensure that you can work with them towards creating a better
future. To learn more about choosing a family law attorney in La Quinta, click here.
Saturday, April 4, 2015
Don’t Use Your Child as a Pawn
It’s become too common that children are caught in the middle when two parents separate. Make sure that your lawyer keeps in mind that your best interests lie in maintaining what is best for your precious child. Don’t let your child be a pawn in your divorce.
3 Helpful Tips on Recovering From Divorce
Divorce, it’s a heavy word loaded with a lot of emotions and complications. Maybe you’re searching for a way to pick yourself back up after being down in the dumps, or you’re about to file for divorce. For most people, even if a divorce is the best step in the long run, it isn’t an easy one. Having some helpful tips to remind you how to keep going can make a big difference on the hardest days.
1. You are More Than Your Divorce
Although the end of your marriage can feel like a world shattering event, it’s important to remember that it does not define you as a person. You are more than your successful or unsuccessful marriage. You are a unique individual that brings unique experiences and skills into each situation and you don’t have to let your divorce define who you will be.
2. Learning the Ropes
Following a divorce, many parents feel unsatisfied with their ability to take on their responsibilities alone. Remember that you are transitioning from having a 2 parent household to 1. Adjusting to this change will take time, and you should allow yourself to learn what works best for you.
3. On Feeling Conflicted
Many new divorcees feel internal conflict about the end of their marriage. Whether you asked for the divorce or your spouse did, it is perfectly normal to feel a jumble of emotions. Acknowledge when you miss what you had, but allow yourself to be happy when good things happen. It’s okay to feel lots of different emotions at once.
To learn more about a divorce lawyer in San Diego, please visit this website.
Local Child Support Agency (LCSA) Offices
In addition to reaching your child support agency, Customer Connect can provide you with your child support case information... read more
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