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Protecting Your Children in a Divorce

June 26, 2011 By admin Leave a Comment
Child 1 

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A divorce can be hard on every member of a family. It is a well-known statistic that 50% of marriages in America end in divorce. If you are going through the unfortunate experience, the first thing you need to do is make sure your children are protected from the experience.

Your approach to the subject will depend on the age and maturity of your children. If you believe your children are mature enough to handle the situation, then you should sit down with them and tell them exactly what is happening. It is never a good idea to lie to your child. If your child is too young or unstable to deal with the situation, you should be delicate with them, but you still should not lie to them about it.

You should also consider having your child or children see a Councelor. Counseling may not seem necessary at the time, but it is very important that your child has someone to talk to that is not involved in the situation. If your child is really not in need of much counseling, you should still research good Councelors in your area so your child will have the option of talking to someone if they need to in the future.

You certainly love your children, so it is very important to help them through this situation. It is easy for a divorce to harm children, especially if they think it is their fault. Protecting your children needs to be one of your first concerns in a divorce.

Filed Under: Divorce, Family Law, Legal Tagged With: , ,

Keeping Your Teen Safe on the Road

June 6, 2011 By admin Leave a Comment
A diagram of the forces on the brain in a coup... 

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Your baby is about to operate a deadly weapon, or restated, your teenager is starting to drive an automobile. The maturity level, based on how well your offspring slams a door during a good conversation, may have you a little concerned.

Many dangers exist on the road. According to the CDC, while falls (mainly children between the ages of 0 to 4) is the number one leading cause of traumatic brain injury (TBI), automobile accidents are the leading cause to TBI deaths in America. “The force involved in some TBIs is such that after the initial impact, the brain slams into the skull directly opposite from the site of impact, causing another injury. This is known as a coup-contrecoup injury and can occur even when there are no external signs of trauma like contusions, lacerations, etc.,” according to a Los Angeles brain injury attorney.

A study suggests that the three most common mistakes that lead teens to car accidents are being distracted, miscalculating the risks, and not paying attention to the road. According to the National Highway Traffic Safety Administration (NHTSA) and the Virginia Tech Transportation Institute (VTTI), driver distraction is the leading cause of automobile accidents including cell phone use and reaching for objects. Research also suggests the distracting feature of cell phone use is the conversation, and often drivers conversing with other passengers have an uncontrollable tendency to look away from the road and look at the person they are speaking to.

Now that you are armed with some empirical evidence, talk to your teen about safe driving, even if it results in slamming doors.

Filed Under: Family Law, General, Legal

Coping with Divorce for Couples with Pets

May 11, 2011 By admin Leave a Comment
Day 150: And that's that. 

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No one wants to think about divorce and what might happen if you have to go down that road but what most people may not consider is – what happens to the pets? Whether you have a dog, cat, bird, fish or some other type of pet, if you get a divorce you may have to think about what happens to that pet. Do you share joint custody? Does one person get the pet, leaving the other person without?

Unfortunately for pet owners, pets are still considered property which means that there won’t typically be a shared custody situation except in certain cases where both people agree. What this means to those that own pets is that one person may get the pet and the other may simply get a monetary value assigned. This can be especially true in cases where the couple that is divorcing does not get along or has a volatile relationship. Since an animal cannot be split up like property, one person is sure to be disappointed in the outcome. It can be almost as devastating to some as losing custody of a child and they may find themselves seeking answers.

The best way to protect yourself is to be sure that you have a good understanding with your partner and can work with them accordingly. If that is not possible try to prove that you should get ownership with receipts for purchase, vet bills and care for your pet. If you both love the pet equally it can be beneficial to try to work on a solution without the court having to step in.

Filed Under: Divorce, Legal Tagged With: , ,

Determining Child Support

March 26, 2011 By admin Leave a Comment

When you are trying to determine how much child support you should be paying or receiving it is sometimes very confusing and difficult to determine the correct amount. There are several things taken into consideration when these amounts are decided upon. More than your income and number of children are considered. There are some guidelines and online resources you can use to help you determine the correct amount.

Although there are many online calculators available for determining child support payments, not all are accurate. When searching for an online calculator you need to find one that takes into account the laws of the state where the child lives, state child support guidelines, the payer’s income, the age of the child or children, and other important factors that may affect the case.

You may wish to look up information specific to the state your case will be managed. Child support is initially set in the state that the child resides. So long as the child and custodial parent continue to live there, that state will continue to manage the child support case no matter where the parent who pays child support resides.

In the event that circumstances have changed since an original order and there needs to be an adjustment made, the calculations need to be figured pertaining to the state in which the order was set. The jurisdiction of child support cases does not change unless all parties no longer live in the state of the original order. The order can then be moved to the state where the child resides and the laws and guidelines of that state would need to be followed.

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How to Drive Away From a DUI Conviction

January 21, 2011 By admin Leave a Comment

Getting charged with a DUI is about as bad as you can get without going to jail for a crime. First, one has to take into account how dangerous and reckless it is to drive while under the influence. No matter the situation, there is just no reason to do anything that dangerous. For most people, a night in a holding cell waiting to be bailed out is enough to make them see the error of their ways.

Now that the message has been received loud and clear, there is a need to try and get out of the DUI as best you can. For that you will need two things. You will need to show your commitment to no longer drinking, and you will need a top-of-the-line attorney.

Showing a commitment to staying sober will go a long way in convincing a judge or a prosecuting attorney that you are serious about getting clean. This will increase your leverage, but it will also provide you with the help you need to make sure the mistake never happens again. You can find great rehab centers and counseling on sites like TheCyn.com and learn about facilities like The Canyon.

Once you get yourself into a treatment program, it’s time for your attorney to start working on your behalf. One thing they can negotiate is probation before judgment. This means that you are put on probation for a pre-determined amount of time before judgment is passed down. This is a great way to avoid a DUI. Another thing the lawyer can do for you is negotiate to keep you driving up until the sentencing. The goal is to extend your right to drive as long as you can. If the lawyer can pull a few strings, he can get you on supervision or request as a condition of your probation to have your car installed with a breathalyzer.

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Financial Aspects of Adoption

January 9, 2011 By admin Leave a Comment

When one is considering adoption there are many things to consider including the financial aspects of adopting. Adoption can be a very expensive process, although there are some adoption options that are not as expensive as you would think. If you are someone who just wants to help children in need and want to offer a safe, happy, and loving home for a child you may want to look at all of the options available.

Adoptions from the United States foster system are the least expensive option. This type of adoption can offer little or no cost and in fact many states may even offer subsidies to adoptive parents. Next on the list would be stepparent and relative adoptions. These types of adoptions can be accomplished without too much cost involved.

When considering adopting through an agency or a private adoption the costs start rising. Agency and private adoptions can range anywhere from $5,000 to $40,000 or even more depending on many factors. Each state has different regulations and may have differing expenses involved in the adoption process. Depending on the situation there may also be additional cost involved due to expenses for the birthmother, travel expenses, or other factors. International adoptions are also expensive and can range anywhere from $7,000 to $30,000 again dependent on the specific situation of the adoption.

There is now tax benefits offered to adopting families. The tax credit applies to both international and domestic adoptions, although the process and forms for filing will differ with the type of adoption. Adopting parents are given a $12,150 credit per child for expenses incurred during the adoption process.

Although the cost to adopt can be overwhelming and may cause lower income families to feel that they do not have any option available to add a child to their family, there are options available to help with the cost of adopting a child. The tax credit mentioned above is one way. Other options include adoption grants, adoption loans, employee adoption benefits, military adoption benefits, and as mentioned earlier the lower cost option of foster care adoption.

Filed Under: Adoptions, Legal Tagged With: , , , ,

Your Custody Arrangement Options – Part 2

December 16, 2010 By admin Leave a Comment
ORANGE, CA - OCTOBER 21: Janine Lindemulder i...
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Child custody is a complex issue and will essentially establish the relationship you have with your children. In Part 1 of this 2 part article on Custody Arrangements, joint custody and sole custody arrangements were discussed. Now, it is time to consider the split custody and fifty-fifty custody arrangement.

But, before you decide on a custody arrangement, keep in mind there are several things to consider  how often do you want to see your children, is your spouse a proper care giver, what living arrangements can you provide for your children, will you be able to keep your children at the same school?

No matter what your preference is; the arrangement will be court approved and the decision will keep the best interest of the children a priority.

Split Custody or Divided Custody

When a family has two or more children, both parents may agree to a split custody arrangement. Split custody involves each parent taking primarily responsibility for one of the children. Split custody arrangements are best in an amicable divorce, when both parents live in close proximity to each other.

There are criticisms involving split custody, with psychologists and child advocates arguing against the separation of siblings especially when they are already dealing with their parents break up. However, there are quite a few families who thrive under this type of arrangement and find it was in the best interest of the children to give primary responsibility for each child to a specific parent.

Fifty  Fifty Custody Arrangements

Similar to joint custody, fifty-fifty custody arrangements grant each parent about 50% of the child’s time. The time with children is not considered a form of visitation, as each child literally lives with one parent and then the other. The benefits include continuous parent involvement in the child’s life, as well as the sharing of care giving responsibilities. However, many children find the consistent moving from home to home a type of psychological and emotional upheaval.

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Reasons to Hire a Private Mediator

December 8, 2010 By admin Leave a Comment

Bringing a third party into your divorce proceedings isn’t an ideal situation, but sometimes it’s the most responsible decision. Mediation isn’t designed to solve your problems. Its focus is on helping you and your estranged spouse come to an agreement on the outcome of your divorce proceedings. However, mediation isn’t suitable for all couples. Unless the Judge had mandated you to mediation, you can decide if a private mediator can help you muddle through the conflict. To help you figure out if mediation is a good fit for you, consider the following reasons.

You Want to Avoid Adversarial Litigation

No one ever thinks the divorce process will be fun and games. And wouldn’t it be in everyone’s best interest to settle your divorce with as little animosity and hostility as possible? Adversarial litigation is about the battle. If you want to avoid the battle, then mediation may be a better option.

You are Concerned that Constant Battling is Affecting Your Children

Perhaps you’ve noticed your children are becoming increasingly withdrawn and solitary. Or perhaps the opposite is happening – hostility and resentfulness. In either case, the arguing, screaming, aggression you and your estranged spouse are engaged in could be the reason behind their behavior. If this is the case, mediation may help you reach divorce solutions with less battling and more cooperation.

You Can’t Afford to Hire an Attorney to Handle Everything

Hiring a lawyer to handle your divorce from beginning to end is financially impossible for some people. Hire a mediator to assist with the decision making process, and hire a lawyer to look over the final recommendations.

Mediation is an excellent alternative to adversarial litigation. However, mediation works best when you and your estranged spouse agree that you need help, and you are both willing to communicate. Agreeing on these two points will make your divorce mediation a successful process.

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