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A Guide to Win a Custody Battle

Divorce with kids is quite complicated, and a child custody battle may very well be one of the most complicated cases after a divorce or legal separation. Evidently, each parent wants to win the custody battle and guard their little precious one, even if they’re not the one who starts it. But in the end, the child will end up living with only one parent. Who will that parent be? In this month’s blog, we will talk about the best method that will help you win your child custody case.

Parents who hope to obtain child custody should first familiarize themselves with the child custody practices in their state. This allows them to build a proper case and prepare to show themselves in court to be a better parent. In addition, it’s good to know that the court’s unique objective is the best interest of the child. Therefore, avoid passing the buck and criticizing your partner in court to win the case; this trick can reflect negatively on you.

Related: Child Custody and Visitation Laws in California.

Understand the Better-Parent Standard

A lot of parents go to a custody hearing with the intent of asking for full custody. For some parents, this is because they believe that their ex-partner is “incapable” to raise their child. Others prefer to have full custody for other personal reasons. However, any parent hoping to win child custody must know what makes them a better parent in the eyes of the court and how to prove that point to the judge, which leads us to the next point.

Prove That You Are the Better Parent

Parents often wonder how they can prove to the family court judge that they are the better parent so they can have full custody, but they don’t know where to start! Well, the better parent should be well-informed about their child’s physical and psychological well-being. For instance, your child’s favorite cartoons, pastimes, friends, after-school activities, etc. All these things will be carefully taken into consideration by the judge. Besides, judges tend to note parents who encourage a healthy lifestyle.

Invest In a Lawyer

We can all agree that lawyers are more than necessary to win your case, no matter how positive you are about winning the battle. They are well versed with the court system and can give you some clues that will help you win this case. Therefore, you have nothing to lose by hiring a lawyer; instead, you will benefit from their expertise and in-depth knowledge in these cases.

Related: Hiring a Child Custody Lawyer? Here’s What You Need to Ask

Conclusion

In summary, going to court for your child custody battle is no laughing matter and requires professional guidance to work your way through this legal labyrinth. With the above information, you can go into your child custody battle with utmost confidence. You’re just required to hire the most professional child custody lawyer near you. If you’re looking for a recommendation, then Family Law Richard E. Young & Associates is the best option. We have a team with decades of experience dealing with these cases. To get legal assistance, contact our law firm today. You can also visit our website for more information.

Telltale Signs You Should Consider Getting a Divorce

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There is trouble in every happy marriage. Couples fight for various reasons and there is always a difference of opinion. But when one sees no light at the end of the tunnel for their marriage, it is time to consider divorce as an option. Determining whether your failing marriage is beyond repair now is definitely not an easy decision to make. There are so many variables that come to mind. The uncertainty of what will happen next can be mind numbing and paralyzing. Here are some signs that you should consider getting a divorce.

1) Indifference to each other has become quite common.

Indifference for an extended period of time for your partner is an early sign that things are about to go south. When you stop caring about what your significant other is doing or thinking, it is extremely difficult to come back from this point. With such emotions, one loses the ability to listen and connect even on a basic level.

2) You feel bitter resentment for your relationship.

It is a definite route to divorce when you start feeling resentment for your partner. Experts believe that when negative feelings flood you over every time you think about your partner, the marriage is about to end. This also includes when both individuals are no longer interested in communicating properly to reach a solution – mainly because they are too angry and resentful. The frustration built up due to resentment leads to worse consequences.

3) You can’t get rid of drama.

Constant fighting, cold shoulders, silent treatments, leaving and then returning – does it sound like a routine now? No one should be in this cycle. It is mentally and emotionally draining. If it feels like whatever you do, you just can’t escape the drama, then it’s a red flag again. One needs to sit down and talk everything out like adults, even if it is the topic of divorce or separation.

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Conclusion

Divorce is a messy affair to deal with. If you have taken the final decision for it, then you need a good divorce lawyer to get you through the legal structure of the entire process. Here at Family Law Richard E. Young & Associates, we have a team of highly experienced lawyers who deal with legal cases for divorce, custody, visitation, support, and much more. Call us at (949) 951-9529 for consultation with us. Check our website for more information.

Related: What to Look for in a Divorce Lawyer? 

Divorcing with Pets

Couples have been mercilessly fighting over pets in courts for decades. In recent years, California lawmakers have made some major changes to how animals are shared and divided between divorcing couples. While following along below, keep in mind that the California laws that have been passed are not obligatory, meaning judges still have the authority to call these cases as they see fit.

The Best Interest

At the start of 2019 California legal experts had to begin adjusting the way they handled pets and divorce in court due to a newly passed law. In late 2018 NBC reported on the new law saying, “The measure provides judges with the power to consider what’s in the best interests of the animal in divorce cases, instead of treating them the way they’ve been treated by courts in the past — as physical property.”

This means judges should consider what’s in the best interests of the animal, very similarly to how child custody cases are resolved in court. It’s up to judicial discretion to create a shared custody agreement by taking into consideration factors like who walks, feeds and plays with the pet when deciding who the animal should live with and when.

Service Animals and Emotional Support Animals

As of present emotional support animals don’t qualify as service animals in the legal system and are not protected under the Americans with Disabilities Act. Also, under the ADA only dogs can legally be considered service animals, with a rare exception only for miniature horses. 

In a California divorce case service animals will go on to continue living with the individual that the animal was initially placed with for medical reasons. However, since ‘emotional support’ animals are not typically recognized as legitimate by the courts, each individual judge will have to establish custody agreements based on their personal discretion which can vary case to case. 

Final Thoughts

If you or someone you know is going through divorce with pets call on the local pros of Orange County Family Law Richard E. Young & Associates for help. We are the easiest law firm to work with in the county and have an A+ rating among our local community. Our team specializes in divorce and family law including custody, trusts, visitation, domestic violence, bankruptcy and much more!

The Important Ways to Let Your Children Know About Your Divorce

Divorce is not easy for your kids, and it might be challenging to talk to them about it. Overwhelming emotions and confusing thoughts swish back in forth in your mind daily, and the pressure of saying the wrong thing might make things worse. However, it can generate positive foundations for a joyful future for everyone involved if the situation is considerately managed. In this blog, we help you navigate with telling your children about your divorce, supporting them, and learning to co-parent successfully.

  • Both Parents Need to Be Present

The first essential thing to do before telling your children anything is to plan what you will say. Both parents need to agree on what you want to speak about and not. Also, the best time to tell your children about the divorce is as soon as possible. It is crucial to talk to them about real issues and not be discreet. Both parents need to tell the children what’s going on simultaneously to answer any questions aroused.  You need to anticipate any questions, concerns, and emotions that will happen.

  • Assertiveness Prevents Preconceptions

Assertiveness is vital to prevent your children from feeling that the divorce is their fault. Reminding your children that they are loved will eliminate any preconceptions. Each conversation should be direct and straightforward, explaining the reason for divorce in broad terms. Leave any vulgar and blame outside the room when speaking to your children about the divorce. The conversation should focus on the age-appropriate manner and reassuring your kids that you will continue to love them.

  • Scheduling the Conversation

Parents need to schedule the conversation where the kids have time to process what’s going on and ask any questions later. Every child will ask different questions depending on their age and emotional levels. And some children might stonewall or be silent because of the overwhelming emotions. The best time to speak to them is at the start of the weekend or a few days before the children go to school.

  • Co-Parenting Plan

Your marriage may not have lasted, but it is essential to agree to not disagree with parenting. When you compromise on how to raise a child, it will alleviate any issues that may come up. It can help direct your future relationship’s condition more successfully and create a positive transition for your children. When there are five to ten rules consistently in both households, it establishes consistency and routine.  The rules can be bedtime routines or similar chores around the house.

Communication is prominent to successfully co-parent. Regularly update and check in with each other to keep your conversation focused on the children. Also, if face-to-face interaction is too tricky, then it would be best to digitally communicate.

  • Children Look Up To You

Your children are looking up to you as a role model. When you treat each other with respect and courtesy, it will prevent any further issues. Try to distance yourself from foul mouthing and eliciting lousy information about their parent because this will make your children feel like you are testing their loyalty. Children will only lead to distrust their parents, which creates more tension.

  • Allow Opportunities For Expression

As stated above, children need a space to allow them to have the opportunity to express themselves. Your children will experience different emotions at different intervals of the divorce process. Always validate their feelings and encourage them to talk to both parents. With young children, the best way for children to allocate themselves is using books or imaginative play. Older children or teenagers show behavioral changes and addressing them softly and gently. If they are struggling, seek professional help from a therapist or counselor.

Conclusion

Divorce is complex for both parents and children involved. The best approach is, to be honest, gentle, and understanding in the situation. Working together as parents can help create a sense of peace in both households. Above all, your children come first before you, so make sure to allow them to express their emotions freely.

However, it is not easy to talk about money and other severe topics with your ex-spouse. If you need assistance, Family Law Richard E. Young & Associates can help you legally coordinate and navigate the divorce process by interceding for both parties. We manage financial disputes, visitation, custody, and much more. Learn more about us at our website today.

Understanding a Postnuptial Agreement

According to Investopia, a postnuptial agreement “is a legal contract signed by a married couple after the wedding. This agreement not only dictates how a couple’s assets will be divided, but it also contains numerous other provisions dictating marital conduct.” Postnups are comparable to prenups, as they address the same issues. However, this agreement is entered after a couple is married. Read about varying postnuptial situations and why they are being drafted.

The Practicality of a Postnup

After marriage, some couples may want to negotiate their division of assets. From property and bank accounts to children from a previous marriage and a profitable business, a married individual can draft a postnuptial agreement as a way to protect their income and assets. In these situations, a postnuptial agreement can also help ensure that in the event of a divorce, each spouse exits the marriage “whole,” with the holdings he or she brought in.

Reasons for a Postnup

Married couples can redefine new terms from a prenuptial agreement with a postnuptial one. If they are dissatisfied with the contract, they can work with a lawyer to draft a postnuptial. This agreement is also for couples that do not want to negotiate a prenuptial before their big day. Therefore, married couples can opt for a postnuptial once they have settled into a marital routine. On the other hand, couples considering a divorce ought to consider this agreement.  It is a better option to minimize legal expenses and streamline the divorce.

Conclusion

Consult with a lawyer at Family Law Richard E. Young & Associates for your postnuptial agreement. We understand the process and work hard to solve your legal issues quickly and efficiently. CALL FOR A FREE INITIAL CONSULTATION (949)-951-9529 today!

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