Tuesday, January 27, 2009

Grandparents Custody Rights

By Thomas Robertson

Similarly to the case with parental rights, grandparents' rights custody differs in all 50 states. The issue of custody rights for grandparents can sometimes occur when either one or both parents come to die. Other cases include divorce or separation of the two parents.

There are also times when the child has resided with the grandparents for a period of time without the assistance of either of the parents. Further requirements will also need to be met for there to be a legitimate custody case.

Initially, grandparents need to petition a family law court when they want to obtain full or partial custody rights for their grandchild. Basically, there are two kinds of custody which can apply, which are: legal custody and physical custody.

Legal custody involves the rights of one parent to make major decisions relating to issues such as health care, education, religion, regarding the child's life. Who the child will live with and spend their time with will rather be the concern of physical custody.

Circumstances Which Can Determine Rights Custody for Grandparents

A majority of states in USA will enable the court to automatically grant full custody to either one of the child's parents. But there can be circumstances when the court may order grandparents rights custody of the child.

In certain cases, the grandparent might have already assumed their role as the primary parent and caregiver of the child for a year or longer. Other circumstances might include a reasonable cause such as abuse, neglect, substance abuse and mental illness which can significantly impact the parent-child relationship.

The law will also very much require that certain facts be proven through a family court before the grandparents are given full or partial custody. It must also be proven that it would be in the best interest of the child for the grandparents at times to have complete custody.

The grandparents will first need to display a genuine concern for the care and well-being of the child. Further to that, the relationship between the grandparent and grandchildren will have to be initiated through the consent of a parent or through a previous court order.

Grandparents rights custody may also be sought for partial custody, or visitation rights, just as between two biological parents. When the court will decide to grant partial custody rights to the grandparents, this will give them time to spend with the child without the approval or supervision of the custodial parent.

Habitually, child visitation rights are rarely denied to grandparents, and visitation rights are easily granted to them so that they may be able to spend time with their grandchild under the supervision of an adult, or the custodial parent.

It is also highly recommended to seek some legal assistance if there is a need to file a custody rights petition as a grandparent. This can be a very elaborate procedure, which is why having a qualified legal expert will be able to help in building the claimant with a strong case.

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Saturday, December 20, 2008

Is There Anything You Can Do To Get Ex Girlfriend Back?

By Daniella Slater

To get ex girlfriend back with you again, be a little more sensitive to how she feels. You also have to be sure that getting back together with your ex is what you really want and is not just a phase you are going through. Or you just want to get back together because you don't want anyone else to have her even though you two are a bad match.

There are reasons as to why you want your ex girlfriend back. Some common reasons would be is that:

- You are still genuinely in love with her - You were dependent on them emotionally - You fear being alone but the only companionship you want is from your ex girlfriend - You feel an incredible sense of loss.

One of the most crucial steps in getting your ex back is to strip yourself of all your male pride and ego to get ex girlfriend back - especially if the break-up was your fault. If you still act incredibly arrogant your ex girlfriend, she won't want to get back together with you. Women appreciate sensitive men and hate it when men become chauvinistic and arrogant.

Women love being told about just how much they matter. Do not be afraid to tell her how you really feel. This is a little bit difficult for most men because they are not used to baring their souls to other people. This is the part of the process where you have to show your sensitive side. Do not be swayed by the myth that men should always show a tough exterior to the world, this will not help you in winning back your ex girlfriend.

If there were issues about yourself that always ended up in arguments with your ex, see to it that you can fix them. Self-improvement is a sure way of showing her that you have matured. Improve your appearance by cleaning up yourself. Improve your living situation by cleaning up your home. When your ex girlfriend sees this, she will surely change her mind about you.

Always remember that to get ex girlfriend back into your arms, you must show that your arms are open wide. If she sees that you are hesitating, she will not come back to you. Women are usually wary after a break-up because they do not want to get hurt again. If you really want the relationship to work, you have to assure her that you are done hurting her feelings.

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Saturday, August 9, 2008

Getting a Divorce in Orange County? Organize This Info Now!

By Jon D. Alexander, Esq.


If you are getting divorced in Orange County, California you'll need to prepare relevant information for your first meeting with your attorney. Your Attorney will likely have you fill out a form and go over it with you. This article will give you an idea of the sorts of documentation and information that you should bring to your first consultation. Also included below is a link to a Judicial Council Form provided by the Superior Court of Orange County that many attorneys use for just this purpose.

You will need the following types of information:

1. Personal: Dates of birth, marriage, & separation. And all relevant social security numbers;

2. Property: Residence- lease or own (lease amount). If owner: value of home; mortgage payment, source of purchase funds, source of mortgage payments. Other Real Property. Life Insurance. Furniture & Furnishings- approximate value. Automobiles: approximate value. Bank Accounts. Pensions. Assets of children. Description of whether the above are considered separate property.

3. Obligations: debts- including date incurred, purpose, due date, and terms of repayment.

4. Income: Employer, occupation, monthly income, exemptions, withholdings, and if not working explain why. Do the same for spouse.

5. Liquid Assets: Checking accounts, cash, life insurance, stocks, and bonds.

6. Monthly expenses: the list is too numerous to list here, please visit the link below and review the Judicial Council Form to get a better idea of the extensive number of monthly expenses that may be applicable in your situation.

Having this information at your disposal and using the linked form will save you time and money. The more information you have prepared and organized the less time your attorney will need to compile it and prepare your case.

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Wednesday, August 6, 2008

What You Need to Know About Prenuptial Agreements

By Cristi Trusler


A prenuptial agreement is no longer just for the wealthy. Today, folks of all economic backgrounds and in all situations are deciding to legally clarify their rights and responsibilities before they get married. It can also clarify in advance how property and assets will be divided should the couple decide to divorce.

If you don't already know, a prenup is a written agreement that a couple signs before they get married. If the marriage ends in divorce or death, the prenup states what each person's property rights will be after the marriage ends. It usually lists the debts and assets of both parties.

People in numerous situations are beginning to see the positive benefits of a prenuptial agreement. It's no longer limited to the wealthy.

Couples who are blending families may find a prenup particularly useful, as it will allow them to pass on property and assets to their children while still providing for each other. In this particular case, a prenuptial agreement prevents all property and assets passing to the surviving spouse, and protects the children of the deceased spouse.

A prenup clearly states the financial rights of each party during the marriage. Consider the situation where one spouse has significant debt. If a spouse is has debts before marriage, the other spouse will not be responsible for those debts.

Prenuptial agreements can also help couples separate more amicably and with less stress should they divorce. While there are still a few states that won't allow a spouse to give up rights to alimony (sometimes called spousal maintenance) a prenuptial agreement can address whether or not the spouse will receive alimony.

A prenuptial agreement can benefit anyone, and does not indicate that you and your spouse are not fully committed to honoring your marriage vows! On the contrary, a prenup allows the couple to spell out what they expect from each other financially, and creates a more harmonious union with fewer conflicts, now and in the future.

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Saturday, August 2, 2008

The Truth About Divorces - The Costly Option!

By Dhael Winston


Probably the most crucial aspect of divorce is choosing a divorce lawyer; here's some of the qualities to look for:

* Well versed in divorce law * Have the right frame of mind for this type of work * Be consistent in their work

Ideally your divorce attorney should be spending half their time dealing with divorce cases and preferably one who is a good mediator. They will need to be someone in whom you can place your trust and feel comfortable working with so if these criteria cannot be met then you will need to look elsewhere.

Adversarial attorneys will use the hammer to crack a walnut approach which often happens when these cases go to court whereas an attorney who specializes in mediation will take a much calmer approach. To get the most from your divorce lawyer, be well prepared and have everything written down; do not waste your money and time asking questions, the answers to which are readily available.

Plan each conversation by making an agenda and write down the things you want to talk about; take notes on the content of the conversation and the amount of time spent on phone calls. Try to keep actual meetings to a minimum and where points have to be clarified, use the phone or send a letter.

An attorney does not come cheap so use them only for the purpose you hired them for, legal advice, they are not there as an emotional problem solver, there are other professionals who specialize in that area. Unless you actually want your divorce lawyer to do something about your spouse's behavior or actions, do not use them for general complaints as it is costly and probably won't achieve anything.

You really want your lawyer to know that you are in control and in charge of what is going on and that they are to help you with legal and technical issues and not to get your life straight.

If they are there purely to act in accordance with the legal issue of divorce it will be more efficient utilization of their services and you will be making the decisions. Let them know that copies of any correspondence relating to the case will need to be sent to you along with any other information and if you contact them, to reply as quickly as possible.

Don't think that you have to enter into proceedings armed with a lawyer in tow as they aren't always necessary although you may wish to speak to one just for advice on a marital settlement for example. For someone taking this route, it is only important that you approach a lawyer to have certain aspects explained once you have carried out you own research.

Some people only use a divorce lawyer to re-read and check a marital settlement they have drafted on their own but at least these people have the backup of using a lawyer if all else fails.

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Thursday, July 31, 2008

Preparing Yourself - Divorce Tips For Women

By Allison Thompson


When it comes to divorce proceedings if you are actually able to prepare as much as possible before starting them it can make the whole process a lot less stressful. By planning a head you will find that you are better able to make more sound and informed decisions regarding your future than if you rush head long into a divorce. There are many pitfalls associated with the divorce process and below we provide some divorce tips for women which can help you to prepare for any eventuality.

Tip 1 - Before actually starting your divorce proceedings make sure that you get any paperwork that is important together first. So you need to gather together everything relating to all the assets and debts you and your partner may have both as a couple or as individuals. You need to get information relating to all bank accounts, credit cards, investments and of course do not forget the mortgage. Also if you are able gather together your tax statements for the past 3 years along with any employment and pay information you have.

Tip 2 - When preparing to start divorce proceedings know exactly what your financial situation is as this will help you determine exactly how much the marital state is worth. When we talk about the marital estate we are talking about those things which have been accumulated by you and your partner during the time of your marriage. The best way to actually determine how much the marital estate is worth is by taking away all debts which are outstanding from any assets (investments, savings, equity in home etc) you may have.

Tip 3 - As soon as you have made the decision to commence divorce proceedings you should then seek legal advice as soon as possible. Often it is very beneficial to you if you consult a lawyer during the very early stages of preparing for a divorce. If you can discuss the matter with a lawyer who has qualified in family law and can provide you with the options that are available to you.

Tip 4 - It is crucial that when you are preparing to commence divorce proceedings you ensure that all your taxes are up to date. The last thing you want is more hassle during the closing stages when the divorce is due to be finalized. If you at any stage suspect that, your partner has not been reporting their taxes properly and is likely to be audited at some time then consider actually filing an amended tax return as a married person who wishes to file separately from their spouse.

Tip 5 - Something else you will need to make sure that you have sorted out before you file for divorce is if you have sufficient life, medical and health insurance coverage. Most people once they get married choose to take out insurance policies together rather than separately simply because it will save them money. Therefore, as soon as you are ready to file for divorce you need to get all the right sorts of insurance coverage in place. Along with medical, health and life insurance coverage for you and any children you may have you need to make sure you have insurance coverage for your home and any vehicles you use.

When it comes to filing for divorce it is important that you prepare as much as possible so that you are able to cope with any eventuality. The more well prepared you are then the more likely you will find that the divorce is much more amicable. This is extremely important especially where children are involved as it can cause a lot of distress on them as well.

In order for you to avoid the pitfalls that many women before have faced when it comes to divorce is to be well prepared. If you remember the above divorce tips for women that we have mentioned above then you may find yourself better to cope with the stresses and strains that this situation can put on you.

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Wednesday, July 30, 2008

The Truth About Divorces - The Costly Option!

By Dhael Winston


Unfortunately the chances of a married couple splitting up gets higher each year so hiring a divorce lawyer is the next crucial step; you will want them to possess certain attributes for instance:

* Proficient in cases like this * Have the correct bearing for this type of work * A conscientious person

You will need an attorney where at least fifty percent of their work is in this area and unless you're expecting problems, preferably one trained in divorce mediation that practices it professionally. All this will be waste if you do not feel you can trust them, so look for a person you feel comfortable with.

Mediation minded attorneys are more likely to give you problem solving advice, whereas traditional attorneys tend to be more oriented to conflict and their advice tends to be adversarial. Some of the work load will be yours so you need to ensure you are well prepared each time you speak with your divorce lawyer and know exactly what they need from you and vice versa.

Whether you intend to see them or speak on the phone, write everything down as this is the most efficient way to utilize your legal representative and keep a record of dates and times you spoke with them. Keep a file for all your notes, letters and documents so do as much as possible on the phone and by mail to keep the office time at a minimum.

Your attorney is there for advice and any foreseeable legal actions so do not rely on them for anything but what you are paying them for, and especially not as a shoulder to cry on. Never trouble your divorce lawyer with trivial matters that do not directly concern the divorce.

You really want your lawyer to know that you are in control and in charge of what is going on and that they are to help you with legal and technical issues and not to get your life straight.

You must also let them know that you expect copies of all correspondence to be sent to you for you own records and if you contact them by phone, you expect a reply within one working day.

Don't think that you have to enter into proceedings armed with a lawyer in tow as they aren't always necessary although you may wish to speak to one just for advice on a marital settlement for example. For someone taking this route, it is only important that you approach a lawyer to have certain aspects explained once you have carried out you own research.

Some people only use a divorce lawyer to re-read and check a marital settlement they have drafted on their own but at least these people have the backup of using a lawyer if all else fails.

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