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Family law – Basics of child custody matter

Posted by on Jan 19, 2016 in Family Law, Parental Leave‎, Divorce Law, Marriage law |

When a marriage dies and spouses enter the process of a divorce, they face a complex procedure of property distribution. This part of a divorce is hard, and there fore you should take an attorney who will look into it merrillville Criminal lawyer, but not as nearly hard, and emotionally disturbing, as child custody fights.

Legal fighting over children brings drama and uncertainty, which is the least thing children, should go through during their early life. It is natural to expect from parents to fight for the best interest of their children, but this is often not the case. This is the point where family law court and judges have to plan significant role.

Most of parents instantly ask for joint custody, not realizing that this option frequently isn’t possible. It should include kids spending every other night or every other week with another parent or parent moving toward kids which is physically extremely hard to achieve. Joint custody is recommended only if the children are old enough (late teenagers) or if the parent live close enough one to another. In any other case, join custody could make a mess of the children’s lives, preventing them to feel steady and secure anywhere.

Family law in most states recognizes two major types of custody: legal custody and physical custody. Join custody is a form of physical custody, determining who the child will actually live with. Legal custody determines the parent responsible to make decisions for the child. When it comes to that legal aspect, family law recommends joint legal custody, meaning that both parents get to decide about issues regarding their children. For more info visit boca raton child custody attorney.

The best situations are those where both parents keep their cool heads and are capable of discussing custody issue between themselves, reaching the solution which is the best for the child. Otherwise, this decision is handled to the family court, when a legal system of the state will arrange it, leaving any kind of emotion out of it.

Family law – The perks of separation

Posted by on Jan 19, 2016 in Family Law |

No family court is going to grant a divorce lightly. Although people sometimes run into chaotic and troubled periods of marriages, maybe even irreversibly, breaking down of a legal institution such as marriage isn’t easy procedure and can’t be done instantly.

Most of the family law courts nowadays do not require evidence of one partner’s faulty behavior that lead to a divorce. Most jurisdictions will accept “irreconcilable differences” as a motive for filing for a divorce, but obligate spouses to go through a period of separation. Separation is a legal term referring certain period of time, usually one year, when spouses do not cohabitate anymore, but are not divorced officially yet. Separation is mandated by the family law judge after the spouses submit their documentation for filing a divorce. Separation can play three different roles. Sometimes, it leads to reconciliations.

Partners split for a while, sort something out meanwhile and finally come up with solutions for previous problems. Also, it not uncommon that spouses realize during the period of separations the high cost of a divorce and decide to give up the idea of breaking the marriage.

On the other hand, separation can be an initial phase of a divorce. Partners legally announce their plan to terminate the marriage, enter the separation period, move on and distant from each other during that period and realize at the end of it that there are no chances or wishes for the marriage to be saved.
The third option, the rarest one, are cases when spouses decide to keep a separation status. Family law allows partners, under certain conditions, to end their joint life, but to stay married officially. There are many reasons motivating people to choose this solution. Sometime it’s religious believes, or financial problems or cultural aspects.

Though legal separation may cost more than a divorce itself and requires a lot of administrative work, spouses sometimes choose this way of resolving problems rather than filing for a common form of divorce.

However, statistics show that separation is usually an intro into a real divorce and thus should be taken seriously, as a procedure that could lead to life changing event, with a long – term consequences. Except for thorough analyzing of wide picture and every problem and attempts to exhaust all available solutions for marital problems, spouses should consult family law lawyers, our proposal is a family lawyer orange county, if considering a separation as an option for their troubling relationship.