Family Law Richard E. Young & Associates

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Why You Need a Bankruptcy Lawyer

When you are practically buried in debt and there doesn’t to be an easy way out, it may be time to decide whether to file for bankruptcy. This option can put you back in control of your finances, freeing you from this situation and giving you a fresh start. So, when you are unable to pay your creditors, it will be highly beneficial hiring a bankruptcy lawyer.

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Starting the Search for Your Divorce Lawyer

No one likes planning for a divorce. The process itself is a numbing one that, depending on your circumstances, can call for a rather hefty time commitment. In the midst of such a draining process, the last thing you need to worry about is an incompetent lawyer or an attorney not able to deliver on what you expect from your divorce. With that in mind, finding a trained professional is the strongest first step you can take towards a streamlined divorce process.

Of course that’s easier said than done. Before you even begin searching for an attorney you can trust, it helps to know exactly what you’re looking for. Here are a few tips perfect for narrowing your search and saving you a few headaches in the process.

Decide Your Game Plan

create a game plan with both your spouse and attorney Many forget that divorce doesn’t always have to devolve into the messy arguments that grace our favorite drama shows. In fact, there are a few different divorce procedures, many of which don’t involve battling in court.

Take a moment to consult with yourself and your spouse and decide on how you two would like to proceed with your separation. If you plan on mediating, you’ll need a neutral third party who can meet with you and resolve the issues without further legal involvement. Others who feel litigation is necessary will need to find a lawyer capable of protecting their rights in court.

Once you know how you plan to proceed, you can then narrow your search to attorneys trained in that specific method.

Decide On the Service You Really Need

Depending on their circumstances, two people looking for a divorce could need entirely different legal services. For example, someone with a long standing marriage, children, and a complicated financial situation could require a lawyer with a little more experience dealing with things like custody, litigation, and so on. Conversely, others with a short lived marriage and no children could simply get by with a consultation.

Take stock of your situation and ask yourself if you really need legal protection or if something a little more reserved could be all that is necessary. Not only will this save you money, it can shave off quite a bit of unneeded stress from this rather bleak process.

Ask Around

Seek out advice from friends and familyStarting your search online is a sure fire way to overwhelm yourself. With so many different firms and professionals, where can you even begin? Starting with your friends and family could be a good idea!

Speak to someone you’re comfortable with about their experiences with a divorce lawyer and ask for their honest opinion. Not only does this allow you to receive an inside look at what it’s like to work with that firm, it gives you a chance to ask your most important questions before having to set up a consultation. Make a list of your biggest deal breakers as far as an attorney goes and search for any red flags when discussing them with your friend. From there, you can focus your consultations and meetings with lawyers you know pass your par of quality!

Conclusion

The perfect lawyer for your situation needs to be diligent, professional, and above all, well versed in working with individuals coming from backgrounds similar to your own. With enough research and self-reflection, you can save yourself from a complicated divorce and put this trial behind you fast.

Looking for a family law professional you can trust during this difficult procedure? Call on our firm’s vigorously trained staff or visit www.richardeyoungattorney.net to learn more about how we can help.

 

 

DIVORCE OR LEGAL SEPARATION

When considering a divorce it is important to know that you can also file for a Legal separation. In a Legal separation, you can divide property, resolve issues of custody and visitation and support. However, at the end of the case you are still married. To understand the the consequences of these choices you should consult an attorney. For help contact Richard Young at 949 951 9529.

Bonding Through Stressful Times

Bonding Through Stressful TimesGoing through the twists and turns of divorce takes a big chunk of time and mental energy from both parties. When children are involved, the stress produced can negatively affect their moods, visions of their parents, and can even lead to them feeling at fault. While it is clear to us that this is not true, children may think otherwise. It’s important to show you love and care for them even through rocky waters. The first and best step to achieve this is through meaningful interactions that get them to understand the situation at a level they can reach.

  • Do Something Together You Both Enjoy

Do Something Together You Both EnjoyIt’s important to let loose and enjoy your hobbies through the process, and bringing your children with you to share that experience with makes a world of a difference. Whether you and your child both like cooking a meal together, going to the beach, or having fun at the bowling alley, the energy release and positive emotions created from the occasion will help bring you closer together. It’s significant to remember to go out and do something you’ll have a good time with too. Children are very observant, and they may know whether you’re interacting with them, or for them. When you choose to take part in activities you and your child both love rather than ones meant only for them, it’s easier for both of you to take your mind off things and strengthen your relationship.

  • Hug Them Often

It’s astounding just how much of a positive effect physical affection has on us all. With children, these effects have been shown to segue into adult life. Child Trends reports that “higher self-esteem, better parent-child communication, and fewer psychological and behavior problems have been linked to warmth and affection between parent and child.” When you show and tell your children you love them, you make them feel better through stressful situations in the present, and even in the future. So hug them, and cherish them! The time you put in for them now will help them feel safe and secure through troubled times.

  • Don’t Forget About Their Lives

Don’t Forget About Their LivesWhen children sense that your attention for them is being bogged down with legal work, they may feel as though they have been left by the wayside. While you’re dealing with your case, sometimes you can forget that they are living unique and beautiful lives that deserve to be celebrated. Whether they’ve received good marks at school, made a new friend, or are looking forward to something new, it’s essential not to overlook it. Once you show them that what they are experiencing in their own sphere is just as important as what’s happening in yours, they can feel as though you’re there for them no matter what.

Working through strains can be difficult to manage with innocent children in the mix. Keeping these reminders in mind while you push forward with your situation is sure to help everyone out in the long run.

What Defines an “Unfit” Parent?

A hefty amount of responsibility comes with raising a child in a healthy and nurturing environment. And while divorce is a very common and tragic occurrence in our current age, attention must still be placed on arbitrating which parent is most able to provide that nurturing environment for their child. In the face of this decision, the courts will attempt to define one or both parents as “unfit” to raise their children. Should a parent be deemed unfit, they will lose their ability to retain custody of their child.

Common with most legal decision making, a number of individual factors play their part in defining which parent, if any, are unfit. Here are a few of the variables that will be taken into account by the courts when making this decision.

Substance Abuse

It goes without saying that a parent with a mental imbalance or substance abuse problem jeopardizes the healthy atmosphere necessary to properly raise a child. With that understanding in mind, the courts take special care in bringing to light any drug or alcohol abuse present in the family. While substance abuse can be a rather glaring red flag, it often isn’t enough to deem a parent unfit. In cases such as this, most courts will hold what’s called a Fitness Hearing.

During these hearings, a parent is given a specified amount of time in which they may make efforts to resolve their mental or substance based ailments. Actions taken during this period ,such as drug/alcohol treatment and therapy, can help convey to the court that a parent is willing to make sacrifices in order to properly raise their child. However, failure to make reasonable efforts or progress in the allotted time can define a parent as unfit to retain custody.

Favoritism

The classifications of a fit parent don’t simply end at substance abuse. In fact, even something abstract such as preferential treatment towards certain children can be grounds for terminating parenting rights! If a court uncovers a history of regular preferential treatment, this can be seen as risking to unravel the environment necessary to nurture a child. Surprisingly enough, favoritism can even serve as grounds for removing parenting rights towards the children that were being treated more favorably!

The Child’s Preference

 When it comes to parenting rights and custody, the courts always operate under a single mantra: what is under the child’s best interests? When determining which parent is to retain custody, a significant amount of weight is awarded towards the preference of the child. While this may seem petty and arbitrary, the child is more likely to grow in a welcoming and embracing atmosphere if they are given the ability to live with the parent they connect with more readily.

Conclusion

When all is said and done, what takes precedence above all else is the child’s best interests. With that in mind, courts can inspect a number of different variables to define which parent is most fit to emotionally, financially, and responsibly look after a budding member of society.

 

 

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