Once an individual within the military service has completed twenty years of military action, they will be entitled to receive their full pension.
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As of this year, the state now allows for the legal recognition of three to four parents for a child. This progressive decision not only acknowledges the complexities of modern family dynamics but also empowers individuals.
Some custody cases resolve within weeks, while others take years. If you and your co-parent strongly disagree about custody, prepare to have the case drag for longer than expected.
The California State Bar recognizes attorneys who have passed a rigorous set of requirements as specialists in their respective areas of law.
Many individuals don’t know how postnuptial contracts work and how they are used. If you are considering a postnuptial agreement, review this guide to familiarize yourself with the basics.
In 1969, California was the first state to sign no fault divorce into law. That means that things like extramarital affairs or abandonment are not of interest to the court as it applies to the actual divorce.
If you have minor children and are getting divorced, you and your spouse – with the help of attorneys – can often work out questions of custody, visitation, and other related issues with the help of your attorneys.
In some California cases, however, the court will appoint a person known as a minor’s counsel to represent the children.
The following explains what a minor’s counsel is and what their role in a divorce case is:
What is a California “minor’s counsel”?
A minor’s counsel is a lawyer appointed by the court to represent the best interests of the child. Attorneys who fill this role must meet the training, experience, and education requirements mandated by California law.
After they’re appointed, they gather information in several different ways, including interviewing the child, reviewing court files and relevant records such as school and medical reports, and investigating further if necessary. If the child has wishes they’d like to share with the court, this is also done through a minor’s counsel.
When is a minor’s counsel needed?
Most divorce cases involving minor children can be resolved without the help of a minor’s counsel. However, in some cases, the court will decide that a minor’s counsel should be appointed. This is sometimes done based on a recommendation from a parent, one of their attorneys, the child, a relative, or other parties with knowledge about the case, or the court can decide that having a minor’s counsel is in the child’s best interests without a recommendation.
The following are some of the circumstances that might prompt the court to appoint one (or more, if there are multiple children):
- The divorce case is highly contentious.
- The parents have an extended legal history.
- The child is under stress due to the divorce dispute.
- Claims of abuse, neglect, or child abduction have been made.
- The court needs more information about what’s in the child’s best interests.
Although most divorce cases don’t require the help of a minor’s counsel, this position can help the court decide what’s in the child’s best interests in more complex cases. With each parent being represented by an attorney, a California minor’s counsel represents the child’s interests and gives related information to the court.
It is imperative to have a skilled family law attorney advocating for you and your child. Dont leave your time with your child up to chance, put yourself in the best position possible by having zealous representation.
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Attorney Kathy Minella is on the court appointed list as a minors counsel. She is regularly appointed to assist the court in difficult and complex custody cases. Our attorneys are skilled in presenting custody cases in court that demonstrate the best interest of the child. Please call 619.289.7948 for more information.
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Did you know that 44% of marriages end up in divorce? When this happens, one thing remains common for both parties; the welfare of your children.
Parenting is challenging under any circumstances, but if you’re co-parenting with an uncooperative former spouse, conflicts that were molehills during your marriage suddenly become mountains. In an ideal world, divorced parents develop a direct line of communication with each other on childcare issues, but sometimes lingering resentments or a plain old inability to get along can bring cooperation to a screeching halt. Co-parenting is difficult, here are some suggestions on handling co-parenting complications.
What Are The Most Common Co-Parenting Issues in California?
Divorce creates an ambiguous relationship in your family, especially when a child is involved. In California, the judge has the final decision about your child’s custody but will usually approve the arrangements you have agreed on with your partner. While co-parenting provides several benefits, parents in California face issues that need to be handled professionally to maintain a healthy post-divorce family.
Here are some of the most common co-parenting issues in California.
1.Different Parenting Styles
Like in married couples, differences in parenting styles are common among co-parenting parents. The four main types of parenting include:
- Authoritative parenting
- Neglectful parenting
- Authoritarian parenting
- Laid-back parenting
Poor parenting will make you lose custody of your child or visitation rights. Instead of being defensive about your parenting style when your partner raises concern, seek help from a professional counselor to determine if you are on the right track or not.
2.In-Consistent Communication
Poor, inconsistent, unclear, or absent communication is another common co-parenting issue in California. Separation often leads to parents avoiding each other, which ends up hurting their communication badly.
Making joint decisions about your child’s welfare will be a problem without proper communication, resulting in the child’s needs not being met. Other effects of inconsistent communication include lack of cooperation, missed appointments and being left out of your child’s progress.
If your partner is deliberately causing the lack of proper communication, it is better to seek the services of a lawyer.
3.Emotional Instability
Emotional instability manifests in many ways, including lashing out verbally or physically, being unpredictable, or withdrawing from the relationship altogether. This can be incredibly difficult to deal with, especially if you have to co-parent with your ex-partner. If you feel like they might lash out at you or the child, seek restraining orders while your partner gets help coping with the divorce.
Bottom Line
Both parents have a say in deciding what is best for the child’s development and upbringing. There can be disputes about various issues, including how to discipline the child, when to get notified about anything concerning the child, and even what school to send the child to. When these disagreements occur, it may be best to contact an attorney specializing in family law to help you negotiate these problematic issues with your co-parent.
Gone are the days when getting prenup or postnup seemed a bad omen for the marriage. Currently, about 51% of prospective couples believe prenups and postnups do not mean a lack of faith in marriage but insurance to your finances and emotions in case of divorce.
Unfortunately, the terms prenup and postnup are often used interchangeably while they have different meanings. What is the difference between prenups and postnups, and which applies to your case?
Keep reading for these answers.
Differences Between Prenup and Postnup
Some of the major differences between prenups and postnups are:
Timing
Prenups are signed by engaged couples who expect to get married soon. Although the prenup is signed before marriage, it becomes valid after the couple ties the not.
On the other hand, postnups are signed by couples after they are already married. A prenup may be signed days, months or even years after the marriage. The couple decides when the terms of the agreement become effective, which may be a date before or after the signing date. A past date can go back to their wedding date.
Coverage
A prenup mainly looks at the property owned by the prospective couple before marriage. However, the postnup covers property earned before and after marriage. If the marriage has already lasted for a while, it gets tricky to agree on the community property since it should be divided 50/50. It also has to consider businesses and property that didn’t exist before the marriage.
Validation of the Document
Signing a prenup becomes valid if it meets California’s Uniform Premarital Agreement Act and is signed by both parties. However, a postnup becomes valid after being approved by the court.
Before the court approves the postnup, they need to confirm that each spouse came to the agreement voluntarily and that the agreement is fair to both parties. The court does not validate the document if the agreement does not meet such legal requirements.
Should You Get a Prenup or a Postnup?
If you are yet to say ‘I do’, don’t wait until you are married to get a postnup. Instead, get a prenup since it is easier to acquire than a postnup.
Fortunately, getting a postnup is only complicated but not impossible. Therefore, if you are already married, don’t hesitate to get a postnup as it will come in handy in case you separate or divorce your spouse. Either way, seek legal advice to ensure that you come up with a prenup or postnup that will help you in the future.
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If you or your family is need of legal assistance, we offer a no cost consultation.
