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Types of Child Custody You Need To Know

Divorce is a very sensitive matter, and when children are involved in a divorce, there may be an impact on their emotional and mental health. Therefore, it becomes important for both parents to deal with this matter with the utmost care and consciousness. So, if you’re a divorcing couple and wish to learn more about the process of child custody, continue reading.

Types of Child Custody

There are two different types of custody. The following are:

1. Physical custody

a. Joint

b. Sole

2. Legal custody

a. Joint

b. Sole legal

Let’s learn about both custodies in detail.

  1. Physical custody

Physical custody helps in determining what percentage of time the child lives with each parent.

Factors The Court May Consider When Awarding Physical Custody

  • Which child is going to school?
  • Where is the child currently living?
  • Which parent is more attentive to the child’s physical, emotional, educational, and special needs?
  • Which parent has spent more time with the child?

2. Legal custody

Legal custody gives more rights to one parent to make major decisions about their child’s:

  • Education
  • Health
  • Religious Upbringing
  • Doctor, Dentist, Orthodontist, or Other Healthcare Professionals (except in emergency situations)
  • Sports, Summer Camps
  • Travel and Vacation
  • Extracurricular Activities
  • Residence

In addition, in legal custody, either parent can decide alone; both parents do not have to agree on every decision about these aspects of their children’s lives. But to avoid ending up back in court and having more conflicts, it is suggested that both parents should communicate with each other and cooperate in making decisions together for the wellbeing of their children.

The Bottom Line

For a comprehensive overview of the child custody and visitation process, contact the team at Family Law Richard E. Young & Associates. We are well-versed in California laws and will work directly with you to reach your desired results. Contact our firm today at (949) 951-9529 or visit our website for further information.

Reasons to Hire a Professional Attorney for Document Preparation

When it comes to document preparation, many people start off by creating their own legal documents just to save a few dollars. Though we are not saying that one must not do self-help document preparation, when you have a professional attorney to help you, why take the risk? People must understand that document preparation is not just about printing and filing a few documents. Instead, it requires professional editing, reviewing, and drafting. To help you understand better, we have listed some important reasons why you should use a legal attorney instead of self-help document preparation.

Legal Advice

An attorney can offer you better professional support and legal advice than an ordinary document preparation service provider. How is this? It’s because an attorney has more knowledge about the ins and outs of court and can help you meet your needs and achieve your legal goals.

Related: “Not All Divorce Attorneys Are Created Equal”

Satisfaction Guaranteed

Not having a professional attorney review and fine-tune your documentation can lead to additional issues in court. Therefore, hiring a professional attorney will help you handle the fine legal details in a way that won’t affect your case and will help you achieve your goal in court.

Professional Assistance and Guidance

When you fail to explain your situation and protect your legal rights, that is when you need to consult a licensed attorney. They will carefully listen to you and help you understand the legal process in a way that makes sense to you as a client. In addition, they will also help you fill out legal documentation for court so you can be prepared.

Related: “Why You Need to Call on a Parental Rights Attorney”

 Conclusion

Though there are many attorneys available in the industry, your priority should be to seek help from a qualified, professional attorney who has knowledge and a background in the legal matters pertaining to your specific case.  

Are you searching for an attorney in Orange County that you can trust? Let Family Law Richard E. Young & Associates be your first choice. We have a dedicated team of attorneys who work with a diverse clientele. For legal assistance, contact our law firm at (949) 951-9529. You can also visit our website for more information.

Grounds for Nullifying a Prenup

When you sign a prenuptial agreement with your spouse, you are agreeing to the terms written in the document. However, there are certain situations where a prenup can be nullified. If there is evidence in the agreement that can be challenged, you can talk to a lawyer to discuss any legal questions or concerns you have about the contents of the document. Learn more about the grounds you can use to nullify a prenuptial agreement.

Unconscionability

An unconscionable contract is one that is so one-sided that it is unfair to one party and therefore unenforceable under law. It is a type of contract that leaves one party with no real, meaningful choice, usually due to major differences in bargaining power between the parties. If a prenuptial agreement is considered unconscionable in court, then the judge can void it.

Failure to Disclose

Both parties need to disclose any information regarding wealth and assets. The reason behind this disclosure is to decide on the amount of alimony or property division in the event of a divorce. If your partner hides any personal assets or valuable interests, then there’s reasonable grounds to challenge the prenup. You can state you were unaware of extra funds and other properties before signing.

Coercion

Boyd Law states “the courts will throw out a prenuptial agreement if a spouse can prove that someone coerced him or her into signing the document. Coercion can take the form of blackmail, threats, or simply undue pressure.” An example of this can be if your partner had you sign the day before or on the wedding and you didn’t have enough time to look at it thoroughly.

Conclusion

The lawyers at Family Law Richard E. Young & Associates have many years of practice handling legal cases, including prenuptial agreements. If you or a loved one needs to speak with an attorney, contact our family law firm to get the legal assistance you need. You can also visit our website here for more information.