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Types of Child Custody You Need To Know

November 7, 2022 / / 0 Comments

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

August 26, 2022 / / 0 Comments

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.

Why Should We Trust Lawyers?

January 19, 2022 / / 0 Comments

According to a new study, many people are skeptical of lawyers, but in the greatest need they will ask their lawyers for help. This is a rule of thumb and a weird paradox at the same time. Many people become more doubtful about having confidence in lawyers because lawyers have a negative stigma. You can say that again, but still, we should trust them. We’re going  to talk about why you should trust them, so follow along in our blog.

To begin with, you have to understand that there are professions, such as a lawyer or a doctor, where they need and require complete faith from the client so they can perform properly. For instance, a lawyer will try to save you by any means, and to achieve that, the client has to be honest with them and hide nothing.

They Fight for You 

Talk is cheap, and people just keep releasing rumors that lawyers are overcharging for their services. It might be true for some, surely not the case for most of them, but let’s be honest, no one works for free, and it should be noted that even if it costs you an arm and a leg, they deserve it, just like doctors, university professors, etc.

The Work You See Is Only The Tip Of The Iceberg

You probably focus solely on the money you give to the lawyer, but what about the work they do behind closed doors? They burn the midnight oil working on your case and do everything in their power in order to fight for you. They are meticulous at each stage of the case, from collecting information to writing a professional letter.

Conclusion

In summary, people need to trust lawyers, whether they win or lose the case. One of the most important takeaways is that working with experienced lawyers and having confidence in them will increase the chance of winning your case. At Family Law Richard E. Young & Associates, we have the best-experienced lawyers in Orange County. Contact our law firm to get the legal assistance you need. You can also visit our website here for more information.

Alimony Explained

November 12, 2021 / / 0 Comments

Alimony, also commonly known as spousal support, is a form of financial support paid by one ex-spouse to the other after the marriage has legally ended. Alimony is enforced by federal law and is in place to acknowledge that in marriages where a spouse forfeits a career to manage the household, the couple is essentially splitting essential family duties based on nonmonetary contributions that have to be equally considered. To learn more about the ins and outs of alimony, continue reading our blog!

Who Qualifies for Alimony?

The whole objective of alimony is to provide “reasonable and necessary” support upon divorce or separation. In order to qualify for alimony one must show the court that he or she needs financial support and that the other spouse has the economic means necessary to provide it.

What are the Stipulations of Alimony?

  • It must be requested during the divorce, not after
  • It will have to be forfeited in the event of remarriage and at the request of the ex-spouse
  • Couples who agree on alimony terms can resolve this matter outside of the court, however alimony can only be legally enforced when ordered by a court or if there’s a written agreement
  • Failure to pay alimony payments can result in a motion for contempt to be filed, and if approved, can lead to other means of enforcement including wage garnishing

What is the Legal Process?

Immediately upon agreeing to divorce any individual seeking spousal support must come forward and file a motion for it. A spouse can ask the judge to make a spousal support order as part of divorce, legal separation, annulment or a domestic violence restraining order.

If the couple cannot agree to this arrangement or to a fair monthly amount, a judge will decide if the individual is indeed entitled to the alimony, and if so exactly how much. Alimony will either be granted indefinitely or for a limited amount of time depending on the couples current and future circumstances.

Final Thoughts

An expert family lawyer will be able to provide end to end legal services for divorcees and those trying to navigate alimony, child support, custody and other legal cases. Learn more about the expert team at Family Law Richard E. Young & Associates, our convenient services, free consultations and much more on our website or by giving us a call at (949) 951-9529. We have proudly served countless families in the Orange County community with their alimony, divorce, custody, and bankruptcy cases since 1974.

Reversing a Legal Separation

September 10, 2021 / / 0 Comments

The process for a legal separation is essentially the same as for a divorce, but with the option for it to be reversed. Unlike divorced couples, legally separated couples can reconcile their differences in court, re-enter the marriage, and return to joint status. Below, we discuss the required steps for couples hoping to reverse a legal separation in the state of California.

Step 1

The most important factor in reentering a marriage following a separation is that both spouses agree on doing so. Ideally the couple will have since resolved some or all of the major matters that initially lead to the separation.

Step 2

With your written Order of Legal Separation in hand, couples can draft a motion to Vacate Order of Legal Separation. This document is essentially the formal document needed to ask the court to review their request.

Step 3

One a motion has been drafted, the court will require you to draft an official Order to Vacate Order of Legal Separation. This is the second step in confirming with the court that you wish to be remarried.

Step 4

The final step is to file the Motion and Order to Vacate with the clerk of the family court where the legal separation was initially filed. Be sure to include a copy of the original Order of Legal Separation at the time of filing and keep in mind that there is typically a filing fee due at the time of filing, which must be paid before the motion will be accepted.

Final Thoughts

Southern California residents seeking to reverse their legal separation can trust that Richard E. Young Family & Associates will get the job done as quickly and thoroughly as possible. We will help you legally resolve any and all issues in family court including custody, child and spousal support, property division, separate and community property characterizations and disputes, business valuations and division and more!

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