Family law regulates the relationships between couples and their children, and the wellbeing and financial stability of families. Unfortunately many relationships break down and as a result by far the largest area of family law concerns divorce and the arrangements under which children will be cared for.
What is child custody?
Where the parents of a child do not live together because their relationship has broken down, there is often a dispute over who should take care of the children and how often the other parent should see the child. In most cases, the dispute will centre on the question of where the child should live and this is often referred to as “custody” although in England and Wales the correct legal term is “residency”.
Residence Orders and Contact Orders
Where the parents are unable to come to an amicable agreement about where the child should live and on what basis the other parent will have access to the child, the Court will intervene. When deciding issues relating to child custody, the Court is required to always act in the best interests of the Child and must take into account a number of factors including:
• The wishes and feelings of the child
• The child’s physical, emotional and educational needs
• The age, gender, background and characteristics of the child
• The effect on the child of any change in circumstances
• The capability and competence of each of the child’s parents
• The risk of harm to the child
A decision on custody will usually result in the Court granting two orders. A Residence Order is used to declare which parent the child should live with permanently and a Contact Order is used to declare the rights of the parent who is not granted residency. The Court has a wide discretion to vary the terms of a Contact Order depending on what it considers to be in the child’s best interests and so the rights of the parent who is not granted residency can range from visits supervised by a social worker, to holidays abroad with the child.
Residency and Contact orders are not limited to the parents of a child, and some other classes of person who have an interest in the child’s wellbeing may apply to the court for and order, including:
• A step parent of the child
• Anyone with whom the child has lived for 3 years
Can more than one person be granted residency?
In England and Wales it is possible for more than one person to be granted residency and allowed equal access to the children, and this is referred to as a Shared Residency Order. However, shared residency is unusual because in many case the court will not consider this to be in the best interests of the child. The reasons most commonly cited for refusing joint residency are the fact that the child needs the stability of living in one home, or that one of the parents is less able to care for the child.
Nonetheless, under child custody rules, where both parents wish to be involved in the upbringing of the child, where they are both equally capable and equally able to provide for the child’s needs the Court may decide that shared residency is desirable.
Parental responsibility
Parental responsibility is different from child custody, and is the right to be involved in important decisions relating to a child’s upbringing. People with parental responsibility for a child have a say over education and religious instruction and can consent to medical procedures involving the child.
In England and Wales that fact that you are the father of a child does not automatically give you the right to parental responsibility unless you are married to the child’s mother. For unmarried fathers, parental responsibility can only be obtained if you are named as the father on the child’s birth certificate, by obtaining a court order or by entering into a parental responsibility agreement with the child’s mother.
Archive for the ‘Legal’ category
Family Law and the Law on Child Custody
March 25th, 2012Bankruptcy Legal Advice – Read This Or Lose Your Hard Earned Money
March 22nd, 2012
Bankruptcy is not an easy process, and especially when you are going through all those problems of debt, you always would appreciate a helping hand that would guide you through all the legalities and everything you don’t know about that process. This is where you should get bankruptcy legal advice from many sources out there so your decision of going for bankruptcy is a wise and well informed one.
Consultation with a Bankruptcy Attorney
This is the best thing you could do for yourself when you are trying to file bankruptcy; hiring a bankruptcy attorney. They are very well informed about all the legal issues and are the best ones to give you bankruptcy legal advice. The laws concerning the bankruptcy and the legalities involved in the process have changed a lot in the last few years. That is the reason why a bankruptcy attorney would be the best place for you to get all the information and help. They will be able to review your case in a professional manner and will be able to give you advice and help that whether you should even go along with bankruptcy or not.
Peruse the Internet to Gather Initial Information
Those of you who cannot find a bankruptcy attorney who would give you free first consultation; you should try getting yourself some initial information on the process and its pros and cons. The World Wide Web is full of information and articles by experts in order to tell you what the bankruptcy procedure is all about, and how you can go along with filing for the procedure even when you can’t afford an attorney. But most of the times it’s just important to increase your know-how on the main issue through the internet initially and then just go through with an attorney on the main process. This will give you the first hand knowledge about the whole procedure, and you would know if the attorney is good or not because of the type of work they do for you.
Financial Books Will Also Provide Bankruptcy Information
There are many financial books written by well known authors which are easily available in many book stores around you. They will give you a lot of insight into this matter and useful tips that will help you go long ways with your problem at hand. It’s also good for novices who don’t know anything about the procedure.
Friends or Relatives Who Have Previously Filed for Bankruptcy
This can be the friendliest resource you can find out there to help you with your bankruptcy problems and issues. Your friends and relatives that have gone through the same procedure will help you a long way to get through this as painlessly as possible, because they know the worst. They will give you first hand advice. Above mentioned were some resources from where you can easily find some bankruptcy legal advice.
Free Advice From Solicitors Online
March 22nd, 2012
If you need information about the law on legal issues or a problem and seek free advice then the internet is a great source that you can use. Internet has now grown into a powerful informative and communication tool. One can search through a large selection of blogs and websites on the internet to get free advice on legal matters. However, the best person to consult online for legal issues is a solicitor.
Solicitors are legal representatives that deal with legal issues and solve the legal problems of their clients. They help their clients by giving them legal advice but do not represent them ion courts. Solicitors usually specialize in more than one field of law and therefore, they can give one the best legal advice.
Traditional solicitors do not have any online presence. They have an office and one has to visit them in person to get any legal advice. Not everyone can benefit from their experience as not everyone can physically visit their office. Other ways of communicating with them are usually the letters, legal forms and sometimes telephone.
However, in the modern times, many of the solicitors are available online with the aim of making themselves more serviceable for the people. Solicitors use their websites and blogs to operate their business and attract clients. Online solicitors have now become very well-liked as they offer a great deal of convenience and accessibility to their clients. Other than the personal website and blog of an online solicitor, you can also get advice from online directories and websites of law firms.
The busy lifestyle that most of the people have today makes it very difficult for them to get appointments and arrange meetings with the solicitors. Online solicitors are very convenient for them as they just have to log on to the internet. Many solicitors give their email addresses and their phone numbers to give people advice about the legal issue.
Most of the solicitors provide free online advice on their websites. They usually provide general guidelines for dealing with different legal issues. However, for specific matters, you need to send them an email. Even specialist solicitors provide free advice on matters related to family, divorce and accident. The free advice would not only solve your problem in the short run, but it would also help you find the right solicitor for yourself.
You should not be afraid of asking for advice as they follow the same standard business ethics to provide the clients with best information on legal issues. It is reliable and safe, and there is no danger of losing any personal information when consulting an online solicitor for free advice.
Individuals as well as businesses are catered by online solicitors. There are plenty of opportunities to get advice related to any subject and from many fields. When approaching an online solicitor, you should try to be brief but clear. Also, make sure you email them every necessary detail, and do not be afraid to ask any question. Free online solicitors usually answer one or two emails and phone calls to give the person best legal advice.
Legal Divorce Advice Packages From LegalZoom
March 20th, 2012
It is perhaps one of the most unfortunate facts of modern life that divorce is a reality that many of us will have to contend with sooner or later. We certainly do not intend to start off what may potentially be a very useful and informative article on such a low note but the fact of the matter remains that while divorce is a touchy matter and can be quite a source of disconcertment for some, the more we learn about this sensitive subject, the better informed we will be and we can then subsequently be better able to make important decisions that will benefit the greater majority with a minimum of emotional trauma and financial difficulty. That being said, let’s get right into it.
One bit of good news to come out of all this is that good legal divorce advice has become quite easy to find nowadays. Aside from the traditional legal avenues that have previously been in use for many years and have thus been proven to be effective, the proliferation of Internet based legal divorce advice sites has made it even easier to get the advice that you need. LegalZoom is one such site that can help you sort out your most trying legal issues.
The company prides itself on its guaranteed honest, upfront pricing and on the web site you will see all of the fees necessary that they will collect in order to prepare all of the legal divorce documents that may be required. Please keep in mind that any court fees that may be incurred are not the responsibility of the company and as such must be paid by you upon the submission of the actual forms. The company further offers you the choice of any of these packages at competitive rates: Divorce with no minor children, and Divorce with minor children. A Marital Settlement Agreement is also offered and while it is normally priced at a few hundred dollars, it is included free with any of the other packages. While these very same services can be had from other services, they will probably cost you almost two thousand dollars. With LegalZoom’s competitive pricing scheme however, it would only set you back almost 25% less than that amount!
Through long years of experience, the company has also been able to offer more professional level legal services compared to other companies in its field of expertise. The documents that they prepare for you for instance will be Attorney-Quality ones that will surely pass the scrutiny of even the most meticulous legal officer. It is a hard lesson learned by many in the past that courts of law tend to be particular about the documents that they process. Sometimes even the color of the paper in which the document is printed on is subject to close scrutiny. If the legal document does not conform in any way you will most likely have to do it all over again. This of course means wasted fees not to mention the time you will take up doing it all over again.
The Non-Profit ByLaw Legal Form
March 20th, 2012
So, you have a non-profit organization and you need a bylaw legal form and don’t know where to turn. Well relax, you are not the first one in this situation and you are not alone. Yes you have a problem but thanks to the Internet there is an easy solution to your problem. And this solution is much easier than you would ever think.
The answer for your non-profit bylaw legal form is the Internet.
The Internet you ask? Well yeah, the Internet!
Sure you could go out and hire a lawyer but that is an expensive option. Especially for a non-profit organization. Why would you want to spend the hundreds of dollars to fill out a simple for like the bylaw legal form when you can simply have it done yourself?
Here’s all you have to do. Simply get online and use any search engine and type in the words “Bylaw Legal Forms” Note: The use of capitalization does not matter as any search engine worth its salt will not limit its search on the web for documents and web pages to fulfill your search to Internet sites which can help you out.
You will be surprised how many pages are out there and available for your use. Now all you have to do is find a bylaw legal form which will be suitable for your non-profit organization and save it to your hard drive. Many of these legal advice sites will have a download option which will save the form directly or you can simply copy and paste the information into any word processor.
Next you modify the bylaw form to suit your needs. That is to simply add a paragraph or delete one from the standard bylaw form which do not apply to your situation. And then of course you will need to fill out your own personal information to personalize the bylaw form.
Next you just need to print out the form and to make it official there should then be a vote or review by your non-profit organization’s board of directors or officers and then a signing of the document.
And that’s it! Your non-profit bylaw form is complete. If you want to go the extra step you can then get the form notarized which is not very expensive at all. Especially when you compare the cost of a public notary to that of an attorney. The hundreds of dollars you will save can be put to much better use I am sure.
So there you go. Some general advice and information on a non-profit bylaw legal form. See? I told you that it would be easier than you thought.
Family Law Attorneys Are an Ex-Husband’s Best Friend
March 20th, 2012
To put it bluntly a good family law attorney stops a man from completely loosing everything. It is no secret that in 2012 the divorce rulings have a large bias to being favorable towards the woman and a man needs an attorney who knows the state family laws like the back of his hand if he does not wish to be “taken to the cleaners.” When a couple files for divorce there are several responsibilities the court must make sure will be cared for. These include your liabilities, your spouse, and your children.
All the long term debts and liabilities will fall on your shoulder. If your wife had a good job she might be required to pay for half. Technically debts that were0 acquired during your marriage should be split “equitably” when you get a divorce. Rarely happens like its supposed to and you will be paying for most of those debts if you do not get a decent family law attorney.
The next item is alimony (also called “spousal support,” or “maintenance”). When you were married your wife and yourself established a certain standard of living. The laws are set up in most states to protect this standard of living for your wife. You will be ordered to make payments to her to give her a life as close as possible to the one she had when you both were married to each other.
Lastly, we come to child support. This figure is supposed to be based off the income of both parents. In reality it is calculated based on the income of the man. Many states like Washington can take up to 45% of your net income for child support payments. Ouch!
You are not going to be able to get out of paying for many of these items. Its the cost of divorce. Never does the standard of living go up for anyone after a dissolution of a marriage. It is best to avoid them altogether. If a family law attorney is able to talk to both parties in the beginning he will usually make certain both parties cannot work out their differences. In most cases a couple can if they really put forth effort. Nevertheless, if a divorce is unavoidable then the husband needs to seek a qualified professional trained in family law. He needs to get legal advice on how to proceed before the divorce papers are even files and needs to have a family law attorney there in court with him.
Do not worry about costs. However expensive you think your family law attorney is, believe me, it will more expensive for you not to have him there in the long run.
Florida DUI Legal Advice
March 19th, 2012
Driving under the influence (DUI) violation in Florida is a serious offense and should not be taken lightly. There are serious penalties and consequences legislated by the state of Florida especially for repeat offenders and severe cases. It is wise and best to seek legal advice once you are arrested. Here are some basic things you need to know regarding the legal matter of this legislation.
DUI Arrest
According to the law, A DUI arrest could be made if the person is detected to have at least 0.08% of alcohol present in blood sample, urine or breath. The license of the person arrested will be suspended for thirty days unless the offender or the lawyer submits a request for an administrative hearing within ten days after the arrest.
Penalties
Violation of the DUI Law could mean loss of license, vehicle immobility, permanent criminal record, community service, fine, increase rate of insurance fees, and even jail time. One could be looking at thirty years of imprisonment should it involve vehicular homicide.
Additional DUI Laws
Governor George Bush signed a Bill on April 7, 2002 that changed many of the DUI Laws. Some of these laws include: Felony Driving Under the Influence, Ignition Interlock Devices, and Breath Refusal Law. In Felony Driving Under the Influence, a third offense of the DUI Law within ten years prior to previous DUI violation is considered a third degree felony and will be dealt with accordingly. An Ignition Interlock Device is a tube installed in a car that will require the person to breathe into before the car will start. If alcohol is detected in the breath, the car will not start and prevent the person from driving. Any person with a second and third conviction will be required to have an Ignition Interlock Device. The Breath Refusal Law states that a second refusal for a breath test would be charged as a first degree misdemeanor punishable by up to a one year jail term.
Divorce Advice For Women
March 19th, 2012
Don’t lose hope if your husband has impeccably pointed out that he wants to get a divorce. Don’t pity yourself and think that there is something wrong with you. It’s not always the women who cause the problem. It could be on the men’s side too. If he expresses his intent to leave you and ruin your family, then it’s his choice. There’s no point for you to sulk in one corner. Rather, you must deal with it and take some positive steps to get through with the tough situation.
Aside from a divorce lawyer who’s going to guide you all throughout the proceedings, another professional that you may turn to is the financial planner. He would help you sort out your right to your properties and assets. Money is always an important issue when it comes to securing a divorce.
A legal advice would be best to seek. Apart from a lawyer, you can also attend counseling that would uplift your mental and emotional aspects. Everything can drain you so some encouraging words would make you feel better in one way or another.
Pick up the remaining pieces. There’s no point of hoping that the divorce procedure would be stopped and things would get back to normal. What you must do is organize those aspects that you can. Smooth out anything that is left for you.
Provide your children with assurance. Although the father figure may be gone forever, you still need to become your children’s pillar of strength.
Divorce On A Budget: Self Help Divorce, Attorney Consultations & Minimizing Costs
March 17th, 2012
If you are like many, you may find the possibility of divorce to be overwhelming and unaffordable. In addition to being a stressful and emotional time in your life, a divorce can also be financially draining. There are a number of ways, however, that a self help divorce can be achieved through a combination of quality divorce advice from a licensed divorce attorney and cooperation from both your and your spouse.
As most divorce lawyers will tell you, the least expensive way to achieve a divorce is through an amicable settlement involving both parties. If you and your spouse can agree on child custody (if applicable), alimony, the division of assets and other important information relating to the divorce, you may be able to achieve satisfaction through divorce mediation. Because a neutral third-party individual presides over the matter, both you and your spouse will need to seek the help of a divorce attorney if preferred. Although not required, a divorce lawyer can offer important information throughout the mediation process, including your rights under the current divorce laws and advice on divorce that you may not otherwise consider. A divorce mediation is quicker and more affordable than a lengthy litigation process through divorce court. There are several instances in which divorce mediation may not be an option, including a marriage that has a history of abuse or when one spouse is fearful of the other.
If you prefer to file divorce papers independently after having researched your own self help divorce information, it may still be to your benefit to consult with a professional divorce lawyer. In many cases, divorce attorneys offer a free initial consultation. It is important to inquire about this policy prior to scheduling a meeting, however, as every divorce lawyer has his/her own guidelines when it comes to client meetings and/or telephone calls. If you are able to schedule a free or low-cost consultation, it may be well worth your time to speak with a professional who can offer valuable divorce advice on your case. Because divorce lawyers are experienced and knowledgeable about local divorce laws, you may find that the information gained is priceless. Even if you choose to proceed with filing the divorce papers yourself, having spoken with a divorce attorney may prove to be helpful in the future. This is especially true if a problem should arise within the case and you can then retain the services of that same attorney who is already familiar with your situation.
In most areas, legal aid is also available to help those who are financially strapped and still need help with legal issues. Because the litigation process through divorce court is both complex and lengthy, the legal fees can quickly add up. In some instances, a trial may be the only option. For those who can work together, settle their matters in a civilized and fair fashion and wish to minimize their expenses, consulting with a divorce lawyer about various options may be a good idea. Unless you have a very good understanding of local divorce laws and the legal process in general, filing your own divorce papers may be difficult. If nothing else, a divorce attorney can help you to get the appropriate papers completed and filed while offering professional divorce advice to help make this stressful time a little less painful for all involved.
The information contained in this article is designed to be used for reference purposes only. It should not be used as, in place of or in conjunction with professional legal advice regarding divorce, child custody, alimony, self help divorce and/or divorce laws. If you are in need of divorce advice or are considering a marriage separation, consult with a professional divorce lawyer in your area for further information and/or divorce advice.
Some Kinds Of Legal Advice For Divorce
March 16th, 2012
Legal advice about divorce not only is needed at the moment of divorce itself, but also long before it happens. There is a lot of information you should know before the divorce happens. During a separation is the time when you should get your affairs in order. Finance in particular should be looked at when getting things together. Alimony and child support are often points where people fight as one does not want to pay.
Once you have checked out all your things you will need to gather information about the divorce process. All the information out there may seem to be very daunting but there are some things that you should make copies of for the process. These documents will include any agreements relating to the marriage, powers of attorney, deeds and wills.
It is important to document all of the valuable possessions and your spouse own particularly if you are married in community of property. Many people find that making a video of all the items helps. The reason for this is so that nothing can go missing during the divorce proceedings. There are a lot of people who will get safety deposit boxes to store important documents and small valuables that their spouse may try to get rid of.
Finding the right lawyer is also very important. For this reason you should get a consult from a few lawyers before choosing one. This might seem like a waste of money but one may offer you something better. Additionally you may find that you do not need to use a lawyer if both parties are amenable to the separation.
Legal advice about divorce is something that everyone going through this process should seek. There are many things that you need to do before the actual divorce starts.









