Family Law Richard E. Young & Associates

How to Create a Parenting Plan: A Comprehensive Guide

Creating a parenting plan during a divorce can feel like navigating uncharted territory. However, according to California Courts, when you separate from your partner, you need a parenting plan. One that covers everything from holidays to healthcare, and guides both parties on how to make decisions concerning the child’s upbringing post-divorce. In this month’s blog, we’ll explain to you what a parenting plan is and how you can create an effective one.

What is a Parenting Plan?

In essence, a parenting plan is a written agreement that outlines how parents will raise their children after separation or divorce. It typically covers aspects like living arrangements, schooling, healthcare, and holiday arrangements. The goal is to provide a sense of normalcy and stability for the children amidst significant change.

Steps to Create a Parenting Plan

Step 1: Prioritize Your Child’s Best Interest

Start by discussing the core issues related to your child’s upbringing. This includes deciding who will make decisions on education, healthcare, and religious activities, among other things. The plan should also include the child’s residential schedule, detailing where the child will reside on weekdays, weekends, and during holidays. Parents should always prioritize the child’s best interests when creating this schedule, considering their age, schooling, and social commitments. Another essential element to consider is communication. The plan should outline how and when the child can communicate with the non-custodial parent, and how parents will communicate with each other about child-related matters.

Related: Learn more about if a child can choose custody here.

Step 2: Plan for Changes and Dispute Resolution

Once you have drafted your parenting plan, it’s a good idea to include guidelines for handling unexpected or unplanned situations. This includes provisions for relocating, modifying the parenting plan, resolving disputes, and dealing with emergencies. In these instances, it’s helpful to include a commitment to use mediation or counseling before resorting to court intervention. Additionally, outline the procedure for introducing significant others or new spouses to the child. It’s important that these additional guidelines be flexible and considerate of changing circumstances, always maintaining focus on the child’s wellbeing above all.

Related: Learn about why you should try mediation before legal action here.

Get Help From Family Law Richard E. Young & Associates

At Family Law Richard E. Young & Associates, we understand that creating a parenting plan is more than just assigning dates on a calendar. It’s about establishing a new way of parenting, one that puts the child’s interests at the center. We’re here to guide you through every step of the process, ensuring that your parenting plan addresses all the important areas and is tailored to your family’s unique needs. You don’t have to do this alone. Call us at (949) 951-9529 or visit www.richardeyoungattorney.net to get started on creating a comprehensive parenting plan.

Financial Considerations in Family Law: Understanding Alimony and Child Support

July 5, 2023 / admin / 0 Comments

When it comes to family law matters, financial considerations play a significant role in ensuring the well-being of all parties involved. Two essential aspects that require careful attention are alimony and child support. At Family Law Richard E. Young & Associates, we understand the complexities surrounding these matters and strive to provide expert guidance and support to our clients in Lake Forest, CA, and beyond. In this blog post, we will delve into the intricacies of alimony and child support, shedding light on their purpose, calculation methods, and the importance of seeking professional legal assistance.

What is Alimony?

Alimony, also known as spousal support, is the financial assistance provided by one spouse to the other during or after a divorce or separation. It aims to maintain the financial stability of the recipient spouse, especially if there is a significant disparity in income or one spouse was financially dependent on the other during the marriage. Determining the amount and duration of alimony involves considering various factors, such as the length of the marriage, the earning capacity of each spouse, and the standard of living established during the marriage.

What is Child Support?

Child support, on the other hand, is the financial contribution made by one parent to the other for the benefit of their children. It is intended to cover the children’s basic needs, including housing, food, education, and healthcare. The calculation of child support is typically based on state guidelines that take into account factors such as each parent’s income, the number of children, and the custody arrangement. Ensuring the fair and accurate determination of child support is crucial in preserving the best interests of the children involved.

Related: “Can a Child Choose Custody?”

Seek Professional Help

Navigating the financial aspects of family law can be overwhelming and emotionally challenging. At Family Law Richard E. Young & Associates, we have extensive experience in handling alimony and child support cases. We are committed to providing personalized guidance and achieving the best possible outcomes for our clients. If you require assistance with understanding or resolving issues related to alimony or child support, please contact us at (949) 951-9529 or visit our website. We are here to help you protect your financial rights and ensure the well-being of your family.

Can a Child Choose Custody?

June 6, 2023 / admin / 0 Comments

Many parents who have undergone a divorce have listened to their children expressing their desire to reside with the non-custodial parent. Though this is usually said in the heat of the moment, one question that frequently arises in such cases is: can a child have a say in deciding custody arrangements, and if yes, when? In this month’s blog, we talk about when a child can choose custody, exploring the relevant legal frameworks and shedding light on the associated intricacies.

Who Decides Child Custody?

Parents are used to making decisions regarding what is best for their children. However, if an agreement on child custody cannot be reached by the parents prior to appearing in court or during mediation, the ultimate determination of child custody is entirely at the discretion of the judge handling their case. Therefore, the judge will decide who won the custody battle.

Related: learn more about tips that help you to win a custody battle here.

When Can a Child Have a Say?

According to Family Code 3042, the judge does not view it as harmful for a child that passes 14 to express their custody preference. But this doesn’t mean that the child’s custodial preferences decide where they live and with whom. It’s important to understand that the judge doesn’t have to follow the child’s preference as they make the decision based on what’s in the best interest of the child.

What if You Disagree with Your Child’s Preference?

You want what’s best for your child, but hearing that your child prefers to live with the other parent can be a heartbreaking moment. At the end of the day, custody is granted based on what the judge decides, but as your child age, circumstances may mean that these arrangements need to be altered.

Get The Best California Family Law Representation!

If you’re a parent going through a divorce and you have a custody battle to win, call on Family Law Richard E. Young & Associates. We have extensive experience in family law, and we’ll help you obtain the best possible custody outcome for your case. Call Family Law Richard E. Young & Associates now at (949) 951-9529 to discuss your case.

Divorce & Reconciliation: Here’s What You Need to Know

May 2, 2023 / admin / 0 Comments

When couples legally agree on dissolving a marriage, a divorce takes place. However, it can also include parental challenges and a set of monetary, emotional, and legal issues. But the good news is that there are numerous legal ways to cope with such challenges. Reconciliation is also workable in most cases.

What Causes a Couple to Divorce?

When both individuals aren’t able to meet expectations, they part ways and no longer wish to be with each other. Divorce is the last resort for many couples. Often, couples choose to be separated for some time, or they plan to make it permanent by opting for a legal way out of the marriage.

The 10 Most Common Reasons for Divorce

Here are some of the main reasons why couples consider divorce:

Infidelity or an extramarital affair
Trouble with finances
Lack of communication
Constant arguing
Long distance relationship
Unrealistic expectations
Lack of intimacy
Lack of equality
Not being prepared for marriage
Physical and emotional abuse

How Can a Couple Avoid Divorce?

You must never stay in a relationship that causes physical or emotional abuse and should get in touch with your local authorities and lawyer. However, if you’re in a relationship that can still be repaired, there are various possible ways to avoid legal dissolution and let a marriage survive. This includes consulting with a therapist or taking an online Save My Marriage course.

In today’s era, where divorce is “easier”, saving a marriage can take a lot of effort for both parties. In addition, if you are separated but still want to get back together after some time, chances are that it can happen with the right work and effort put into it by both sides.

How Can Couples Reconcile After Divorce?

If you are planning to reconcile after divorce, here are some different possibilities that you can consider:

Try to keep an open mind as you learn how to rekindle romance with your partner.
Focus more on relearning how to live together with them in light of the changed situation.
Improve your communication with each other and be transparent with your feelings.
Be willing to accept the past and move forward.
Try martial therapy with your partner.

Conclusion

To sum up, if you’re deciding whether to move forward or plan to get back together, it’s better to seek help from a professional divorce lawyer as soon as possible. With decades of professional experience, Family Law Richard E. Young & Associates is the best option. Contact our law firm today at (949) 951-9529 or visit our website for more information.

How to Set Up a Trust Fund?

April 5, 2023 / admin / 0 Comments

Trust funds are an excellent way of providing a secure legacy to the next of kin and generations. When you set up a trust fund, you make a legal access way to transfer your wealth, properties, and assets to the person of your choice. It is basically a tool to outline an actionable plan on how finances will be distributed and managed after you pass. Keep on reading to learn how to set up a trust fund.

Define your goals for the trust.

It is imperative to understand why you are establishing a trust fund. With clarity of goals in mind, you will have a clear picture of what and how many assets you will be putting in the trust to provide financial security for your loved ones.

For example, you want to leave the house to your son and the gold jewelry to your daughter. You can also direct your fund to be used for specific reasons, like a college fund for your kids or a limited allowance from the fund.

Choose the type of trust you wish to establish.

There are different types of trusts that you can choose depending on your goals and requirements. Most trusts can be classified into one of two categories: revocable trusts and irrevocable trusts.

Revocable living trusts (RLTs) are the most common type of trust. They’re flexible and allow you (as the grantor) to make changes at any time, like adding or removing beneficiaries or changing the trust’s provisions.

Irrevocable trusts are more rigid. Once an irrevocable trust is created, it’s not simple to make changes, and the trust can’t easily be undone or canceled.

Select the terms of the trust.

Now that you have decided on the goals and the type of trust you want, it is time to establish the terms of the trust. Deciding the terms includes the following factors:

– Determining a trustee: A trustee will manage the trust and oversee the distribution of assets to your beneficiaries. Therefore, it’s essential to pick someone you trust who’s willing and able to serve.

– Deciding the distribution of assets: If your trust fund has multiple beneficiaries, dictate the terms of distribution so everyone receives a fair share according to your terms. You should clearly outline these distribution instructions in your trust documents.

– Setting conditions: Setting up provisions will ensure that the financial means reach the beneficiaries when you believe the time is right for them. For example, your son will have her share of trust when she finishes college. That is called setting conditions for distribution.

Legalize with the documents.

You’ll need to make your trust legally binding. This means completing your trust documents and executing them according to the laws in your state. In most states, this involves signing your trust document in the presence of two witnesses, who should also sign.

Make the trust legally binding with proper documentation, and get your trust notarized and registered with your county.

Fund your trust with assets.

Funding your trust with assets is an important step. Your trust can’t function as intended until you fill it with assets. Depending on the trust type, these assets may include real estate property, bank accounts, life insurance policies, non-cash assets (like stocks, bonds, and mutual funds), digital assets (including cryptocurrency), and any personal items that are valuable or important to you.

Transferring assets into a trust can take time and effort, but it’s necessary. You should start by contacting the institutions that manage your assets.

Conclusion

A trust fund provides more control, privacy, and specificity. It can help you minimize estate taxes and avoid probate, saving your beneficiaries time, money, and piles of paperwork. At Family Law Richard E. Young & Associates, we are ready to do the legwork and are committed to singularly working for you. Find more about our services here or call us at (949) 951-9529.

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