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November 23, 2021 by Tough Divorce Lawyers

What is a parent’s right to child custody?

When married parents share responsibility for a child, they have equal rights and responsibilities for making decisions for the child. The concept of parental rights and responsibilities changes when parents get divorced, as they will typically no longer live in the same residence. Where the child will live and who will make decisions concerning the child’s care are called into question, and these questions are usually resolved through the legal processes of custody.

If you are looking to find out how to get custody rights for your children, then hiring a divorce lawyer Modesto, CA like Attorney Bernie is the best way. Divorce is never easy but with the help of an experienced family law attorney, it can be manageable.

Because courts generally agree that a child is best served through an ongoing relationship with both parents, custody is usually shared in some way between two parents after a divorce. There are two types of custody— legal custody and physical custody. Both types of custody can be sole or joint, and parents will need to agree how both arrangements will work after the divorce.

Legal Custody

Legal custody is the right to make decisions about how the child is raised, such as their education, medical care, and religious upbringing. Sole legal custody is rare, and typically is only seen if a court determines that one parent is unfit to be involved due to factors like mental impairment or substance abuse. Joint legal custody means that the parents must share in decision-making. Both parents will have rights to the child’s educational and medical records.

It is important to hire a divorce lawyer in Modesto, CA like Attorney Bernie for custody rights when you are in the middle of divorce proceedings. Divorce can be very complicated and expensive, especially if it involves fighting over which parent will get custody of their children. It’s best to consult with an experienced family law attorney who can help you make sure that your needs are met during this difficult time.

Physical Custody

Physical custody means the right and obligation to care for the child on a daily and ongoing basis, and determines which parent the child will live with. In a divorce, sole physical custody means that the child resides only with one parent. Joint physical custody means that the child lives with both parents according to a schedule that either the parents agree on or that the courts decide.

In many states, courts are moving from awarding sole physical custody to systems where one parent will be the primary physical custodian and the other parent will be the secondary legal custodian. Evenly split 50-50 custody is less common, as courts generally favor the concept that a child should have one place they are able to call home.

Parenting Time

When one parent is awarded sole physical custody, the other parent is often granted visitation according to a parenting agreement or schedule. It is important to remember that even when one parent is awarded sole physical custody, legal custody is usually shared, and both parents will play a role in making joint decisions in the best interest of the child.

Legal Considerations

Obviously, the process of determining custody agreements can be very complex, especially when emotions are frayed from a tricky divorce. Parents should consult an experienced divorce lawyer in Modesto, CA like Attorney Bernie to guide them through the legal process, especially if they cannot reach an agreement outside of court.

November 3, 2021 by Tough Divorce Lawyers

Why You Should Consult a Lawyer Before You Divorce Your Spouse

Divorce is a stressful ordeal, often made complicated by emotions and rising tensions. Even cordial separations can lead to difficult divorce proceedings, which is why it’s important for you to hire a divorce lawyer as soon as possible. As divorce lawyers from a firm like the Law Office of Daniel J. Wright can explain, getting all the information you need right away can mean the difference between a smooth transition and a rough one.

Seeking Out Advice

If you’re even just thinking about dissolving your marriage, consulting a divorce lawyer will be beneficial. Every legal union has a different set of circumstances surrounding it, so what works for one couple may not work for you.

A divorce lawyer will give you a personalized and preliminary sketch of how you could proceed based on your situation. Your assets, prenuptial agreements, and family organization will all come into play during this conversation. Getting a consultation doesn’t mean you have to officially file for divorce. A lawyer will simply lay out your options for you so that you can make a more informed decision.

Prepping for the Divorce

If you decide to move forward with your divorce, consulting a lawyer prior to making any informal agreements such as unofficial custody plans or separation of belongings is not only helpful but could protect you from future legal issues. Depending on the nature of your relationship with your spouse, any mistake you make can be costly.

Divorce isn’t as simple as filing for legal separation. The separation of assets and debts and the inevitable custody discussion can be a long process, and during the time it takes for you and your spouse to reach an agreement, mistakes can be made that can hinder the proceedings. Your lawyer will also advise you on what documentation you need to have prepared, including financial statements, prenups, and evidence of ownership of assets or belongings.

Being in Control

Being the first between you and your spouse to land a lawyer gives you the upper hand. Information is power, and you don’t want to be the spouse that is floundering. Having all the information and documentation on hand right as you’re moving forward with the divorce will make the proceedings much easier to deal with. You won’t have to battle the stress of the unknown. You’ll be prepared and know what to expect.

If you’re debating whether or not you should divorce your spouse, don’t hesitate to find the right divorce lawyer. Discuss all your options, and start making a plan for the future.

July 19, 2021 by Tough Divorce Lawyers

Hiring a High Net Worth Divorce Lawyer

High Net Worth Divorce Lawyer

Regardless of the circumstances divorce can create a really expensive toll on each parties emotions and their finances, this is especially true when a high networked divorce. When a divorcing couple has a large amount of property, income and assets the stakes are going to be higher. Because high net worth divorces have a higher amount of assets, they are naturally complicated. Dividing a property and a high net worth divorce requires a carefully crafted strategy, and without a plan in place costly mistakes are more likely to occur, and to protect your rights in property in a high net worth divorce you need to keep the following in mind as you work with a high net worth divorce lawyer, such as the ones available at Robinson & Hadeed Family Law.

You should not make emotionally charged decisions. Emotions are running high during a divorce, and it is very common to make rash decisions without considering the long-term implications. In the event of an emotionally driven decision you could end up agreeing to give more property than you deserve to give up, or you might accept a deal that gives you way less then you deserve. While you might think your chores will make your life easier at the moment it might lead to a more time-consuming and emotionally draining fight in the future.

High net worth can quickly become heated, and that is why it is important that you do not attempt to lash out at your ask or punish them for whatever happened to your marriage. Instead you should think about how you would react if this were a professional setting, how do you handle business matters? You handle business matters by being calm, informed and having a plan. Working alongside your high net worth divorce lawyer in Pierce County, WA, your divorce lawyer will be able to help you ensure that your feelings are being put to the side. Your lawyer is going to be able to make strategic and knowledgeable decisions that will protect your best interest.

In any divorce assets must be characterized in the separate or community property, and they must be correctly identified. Only community property may be divided in the divorce, and for high asset couples this process is slightly more complicated.

As a business owner you might have the business prior to the marriage, and therefore your business is separate from your community property. However during the course of that marriage, community property might’ve been used to increase the value of the business. Therefore the business has now been commingled with community property and is likely to be subject to division in the divorce.

Therefore it can be difficult to know if an asset will be considered community or separate property, which makes it very important for you to have an expert on hand such as your high net worth divorce lawyer in Pierce County, WA because they are going to have the expertise that you need.

July 7, 2021 by Tough Divorce Lawyers

Can You Prevent a Divorce?

Divorce is one of the most challenging experiences a person may undergo in their lifetime. If your spouse recently filed for divorce, you may be desperate to find a way to make your marriage work, and you may wonder if there is a way to stop the divorce from happening. You cannot force your spouse to divorce you, but if your spouse wants a divorce, you eventually have to accept it and let it happen. However, as a divorce lawyer from a firm like the Winfrey Law Firm can explain, there may be ways for you to save your marriage and stop divorce before it becomes finalized.

Consider Marriage Counseling

If you think your marriage can be saved, try to attend counseling with your spouse. When a marriage deteriorates, it is typically for several different reasons. In marriage counseling, the two of you can dissect the problems in your marriage to determine whether you can make appropriate changes to make the marriage work.

If your spouse is open to marriage counseling, keep in mind that there may be many changes that both of you have to make. Keep an open mind about his or her frustrations with the marriage and what he or she hopes to have in a relationship. Both of you need to have your voices heard to come up with solutions to your problem.

Stop the Divorce Process

If you go through counseling and decide to make the marriage work, you can start the process to stop the divorce. If the divorce is still in its early stages, it may be easy to stop. For example, if you have not been served with divorce papers or if your spouse recently filed the petition, the only thing he or she has to do is not follow up on the procedure. If you have been served, the two of you can refuse to move forward and the court will dismiss the case.

However, if your divorce process is further along, your spouse needs to obtain the proper forms to request to withdraw the case. If your spouse dismisses the divorce, he or she must serve you with the paperwork.

If you are worried about a divorce, you may want to speak to a divorce lawyer as soon as possible. He or she may have advice on how to handle the divorce and whether you should attempt to make the marriage work. If you cannot work it out, the lawyer will help you through the divorce proceedings. Consult with a divorce lawyer as soon as possible if you are facing divorce.

April 21, 2021 by Tough Divorce Lawyers

LIVING TRUST FAQs

Wondering if you need a living trust? A lot of people think trusts are only for the rich but that’s just not true. Experienced attorneys understand that a living trust is about helping, protecting, and providing for yourself and your family for generations to come. Learn more about what a living trust can do for you!

What is a Living Trust?

A living trust is an entity created during the Grantor’s lifetime to hold and manage assets. The Grantor is the person who creates the trust. After the Grantor’s death, the assets can be distributed directly to the Grantor’s beneficiaries without having to go into probate.

What is a Revocable/Irrevocable Living Trust?

Revocable: A living trust can be revocable, which means assets are transferred into the name of the trust, but the Grantor retains the title and ability to alter them. A revocable living trust can be changed or revoked right up until the Grantor’s death. Revocable living trusts are the most common.

Irrevocable: A living trust can also be irrevocable, meaning the Grantor relinquishes all their control and interest in assets to the trust. Once the trust retains title to the assets, the Grantor can no longer change or revoke anything.

What are the Benefits?

There are many benefits to having a living trust, including the following:

Avoid Probate: Living trusts are usually not subject to the lengthy, expensive, and public probate process.
Less Stress: Avoiding probate will relieve your loved ones of undue stress.
Successor Trustee: You have the authority to name the person(s) who will be in charge of your estate after your death.
Incapacity: You have the authority to name the person(s) who will act for you in the event you are incapacitated.
Privacy: When a will goes through probate, it becomes a public document. Because a living trust does not go through that process, it protects your assets and wishes from becoming publicly accessible.

How Do I Create a Living Trust?

If you’ve decided a living trust is the right option for you, you will need to hire an attorney. Cheaper online methods of creating a living trust do exist, but hiring a professional is the best way to ensure that: 1) your assets are truly protected, 2) the trust follows current law, and 3) that your wishes are carried out legally and correctly. Many experienced estate planning attorneys also offer additional services like financial planning and trust administration.

How Can I Make Sure My Trust Works?

An estate plan that remains unfunded, unknown, and unchanged will ultimately fail. Make sure to fund your trust, notify the nominated Trustees & beneficiaries that the Trust exists, and update the trust every 3-5 years or at every major life event.

March 11, 2021 by Tough Divorce Lawyers

What Will I Pay for a Divorce?

Divorce Lawyer

Divorce & The Payments Involved

Divorce is hard on everyone. The couple often has limited resources, and finances play a large role in the divorce rate today. If this is a situation you’re in, you might start to worry about what it’s going to cost to obtain a divorce.

Lawyer Fees

Hiring a lawyer often ensures you are able to achieve the fairest outcome through your divorce. Though you know this is what you want to do, you are probably worried about the cost of hiring a lawyer. On average, individuals pay around $270 per hour for a divorce, though there are outliers on either end. A wife might pay $100 per hour for her lawyer, and her husband might pay $400 for his. It just depends on the lawyer, his or her experience, and what is most important to you when it comes time to select a divorce lawyer.

Taking an average of $270 into consideration, if a divorce lasts around 50 hours to settle, you can plan to pay your lawyer around $13,500. This will depend on several factors but is a good starting point for someone hoping to save up or secure financing in some way.

Other Costs

There are several individuals and professionals who will play a role in your divorce, and there are several processes that will play out. It will be your responsibility to pay for these professionals and processes. Some other costs you can expect to pay include real estate appraisers, child custody evaluators, tax advisors and other similar expenses. These costs could range anywhere from $1,000 to $2,000.

How To Keep the Costs Down

If you are looking for a way to keep costs down during a divorce, there are a few things you can do. For example:

Adjust your budget – You might not be able to adjust any lawyer or legal fees, but you can adjust your grocery budget or avoid buying new clothes for the time being.

Don’t contest the divorce – Uncontested divorce often costs thousands of dollars less than when one spouse contests the divorce.

Try mediation – Mediation is a process in which you try to work out your differences so you can settle the divorce without legal intervention, and it often costs a significant amount less than the full legal process.

Contact an Attorney Today

Everyone is facing a different situation when going through a divorce. If you’re worried about the cost, it’s often most beneficial to turn to a professional directly. Contact a New Jersey divorce lawyer at Lesnevich, Marzano-Lesnevich, O’Cathain & O’Cathain, LLC today to get answers to your questions.

June 17, 2014 by Tough Divorce Lawyers

Maryland Family Law – Child Custody and Support Equal Rights Demanded by Fathers

Maryland divorce and family law cases involving child support or child custody matters most frequently boil down to the best interests of the child, within their family context. In practical terms, this most often means the mother in most states – over 80% of national cases reflect the majority opinion and experience of families that the mother is the primary care-giver and responsible for most direct day-to-day needs of (particularly younger) children. While a large majority of these family law and child custody disputes tend to get settled out of court, before litigation, those that do end up in litigation tend to be perceived as generally inclined towards favoring the mother’s roles and responsibilities delivered, vs. the father’s.

This is changing, and fast. For many reasons ranging from the general economy to much more diverse and accepted cohabitation arrangements among parents and caregivers, fathers (married or not) are more and more likely to seek greater custody share without bowing to commonly-held notions or procedures. As this child custody and family law article states, “You’ve seen more households that had two working parents, and if a parent was out of work, it happened to be the father, and he was therefore taking over more of the parenting duties…This has changed, in many ways, men’s relationships to their children, and that has been reflected in some of the growth of (family law) firms catering to men and fathers’ rights.”

A parent’s inability to pay child support, most often a responsibility of the father, also introduces additional pressure and perhaps some degree of unfairness for fathers seeking child custody. In Maryland, for example, this trend of “bad debt” piling up, unpaid by fathers who can’t reasonably provide to the degree that the mother or court specifies, has been recognized through the work of the Job Opportunities Task Force. As this Baltimore Maryland Sun family law op/ed piece states, “the (Maryland) Child Support Payment Incentive Program is already taking small steps to chip away at this mountain of bad debt. The program allows noncustodial parents with incomes below 225 percent of the federal poverty level, who have made 24 months of consecutive child-support payments on their current obligation, to have their arrears reduced to zero…Also, new legislation (2012) will automatically suspend child-support orders for anyone sentenced to 18 or more months in jail and lacking the financial means to pay…the new law will help noncustodial parents reenter the workforce — and the lives of their children.”

Furthermore, In July 2013, the Maryland Commission on Child Custody Decision Making was authorized. The Commission will study all aspects of child custody decision-making in Maryland, including the principles governing it, and current practice and processes. The study will encompass how to make child custody orders and modifications fairer, more uniform, and equitable; reduce litigation in child custody proceedings; promote and ensure children’s continued relationships with both parents; and maximize involvement of both parents in a child’s life…including considering whether gender discrimination exists in custody decisions.

Maryland Child Custody and Support Help – for Fathers, Mothers, all Caregivers

At BWG, a Montgomery County-based Maryland Divorce, Family Law and Personal Injury Law Firm, we recognize that child custody law and procedure varies greatly from state to state, and the landscape is shifting fast in response to perceived, actual or simply unintended inequities in rights stipulated among parents and caregivers in child custody situations. Maryland Family Law is drawn from the sources of the Maryland Code, Maryland Court Rules, and Maryland Case Law – all of which create a very complex system and context to navigate by the court, attorneys and the families involved.

Trying to interpret individual Maryland child custody laws without fully understanding the Maryland Family Law Court system and the constantly shifting landscape of new legislation and sources of input and authority, greatly decreases the chance of achieving an outcome favorable to you in your case – whether you’re a father or mother. That’s why it’s in your best interest to consult effective, knowledgeable Maryland child custody and support lawyers with current attorney experience in Maryland child custody, child support, divorce, domestic violence/abuse, and other related family law case types.

December 30, 2013 by Tough Divorce Lawyers

The Reality of Child Abductions Relative To Divorce

Unfortunately, child abductions arise in divorce case situations. If a child is abducted, it is imperative for the parent to immediately notify local authorities so that all steps can be taken to return the child to their rightful guardian. In some cases, there have been high-profile stories in which parents have abducted children and then left the country. These stories are never easy to hear, but it’s important for parents who may find themselves in this situation to be aware of all possible outcomes. A child’s safety and well being is what’s important here.

Sometimes, children can be caught in the crossfire between the parental battle for custody! The parents’ battles are hard enough on the husband and wife, and they can end up having a huge impact on the children. When this results in an abduction, the taken child typically undergoes tremendous stress and anxiety. In some cases, especially when a child is taken by force, it can exacerbate issues and lead to a feeling of hopelessness and devastation.

For the child, an abduction can take a tremendous emotional toll and even impact the child’s development. The child is placed in an unusual situation where a loved one, such as a parent, is actually doing the child harm. This is very confusing and difficult for a child to accept, and may cause long-term emotional damage.

The laws in each state vary on how abduction is handled. In many states, abduction is considered kidnapping, and can be punished as a felony. Abduction can result in jail time for the parents who has taken the child. If a parent has any suspicion that their child has been abducted by their partner prior to, during, or after divorce proceedings, the authorities should be notified immediately to try and ensure the safe return of the child.

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