Each relationship has its rough focuses, yet in the event that you encounter a larger number of downs than ups, it may be an ideal opportunity to converse with your spouse about what steps you should take straightaway. In case you’re thinking about divorce, you’re not the only one. About half of marriages end with one spouse documenting an appeal (ask for) for disintegration of marriage (divorce.) We’ve previously talked about Divorce vs. Legal Separation in Utah here. Even when parties experience communication issues in a relationship, most couples can still work together to negotiate the terms of their divorce. You should speak to your spouse about how to divide your marital property, develop a parenting plan for your minor children, and review financial support. The court will resolve any lingering disputes, and once it does, the judge will issue a final judgment of divorce, terminate your marriage, and declare each spouse an unmarried individual. Legal separation is a divorce alternative that resolves the same legal issues, but in the end, you’re still legally married to your spouse. In most states, divorce is permanent, but legal separation can be temporary, which gives married couples the added benefit of the possibility for reconciliation later. If Divorce and Legal Separation are Similar, Why Choose a Legal Separation?There’s no brilliant line manage for when it’s best to seek after divorce or division. Connections are close to home, and just the couple knows whether there’s a shot for compromise later on. On the off chance that there is still seek after your marriage, yet you require time separated, lawful detachment makes it less demanding to continue wedded life later. For religious or spiritual couples, divorce might not be an option if you want to continue in your faith. If that’s the case, legal separation will allow both spouses the freedom to live a life apart from each other, but both can continue following the practices of the church. Other typical examples of why couples choose legal separation instead of divorce include:
It’s a myth that couples must file for legal separation before divorce. In fact, the legal processes are nearly identical, so if you pursue legal separation but want a divorce later, you may wind up paying legal fees and expenses twice. Can We Live Apart and Separate Without Filing Anything?Yes. The law doesn’t expect spouses to live in a similar house or act like a wedded couple. On the off chance that you and your spouse might want some time far from each other, you can take an interest in a preliminary partition, which is the place you live in particular homes, however you don’t approach the court for mediation. Most couples can agree on the terms of a trial separation, like how long it should last, who should reside in the marital home, and a schedule for visiting with the children. Trial separations often give married couples the time they need to pursue therapy—or if reconciliation isn’t possible—to prepare the family for divorce (or formal separation.) It’s important to note that because the court isn’t involved in trial separations, you have more flexibility with the terms of your agreement. That said, if either spouse decides to stop the trial separation, the only recourse for the other is to file a formal motion for legal separation or divorce. Does Utah Allow Legal Separation?Yes, but in Utah, it’s called a “judicial separation. Residents in Utah may file for a judicial separation by demonstrating that they meet the state’s divorce requirements. You’ll need to meet Utah’s residency requirement, meaning at least one spouse has lived in the state for a minimum of 60 days before filing. If you haven’t lived in the state for 60 days, but your wedding took place in Utah, you can file for a legal separation if you can prove that you have lived in the state since the day your wedding took place. Every spouse must be prepared to provide the court with a legal reason—or, grounds—for the request for a legal separation. Utah is a no-fault divorce state, which means that neither spouse needs to point fingers or place blame for the failure of the relationship. In fact, the court is satisfied when the filing spouse declares that the marriage has suffered irreconcilable differences, or if either spouse is incurably insane and living in a mental institution for at least 2 years. Utah requires a mandatory waiting period of 20 days from the time you file to when the judge can finalize your case. Couples should use this time to negotiate the terms of the separation, including whether it will have an expiration date. Like divorce, the judge will resolve any lingering disputes between the spouses before granting the separation. If you need immediate court orders, a judge can issue temporary orders as soon as you file. Do We Have to Put Our Separation Agreement in Writing?Yes, every legitimate partition ought to have a detachment agreement marked by the two spouses and the judge. Your request should resolve an indistinguishable issues from however it were a divorce. For instance, your contract should dictate who will be the custodial parent and primary caretaker for any minor children and include a detailed visitation schedule for the non-custodial parent. Your order should also address who should pay child support, each spouse’s rights and responsibilities regarding marital property and debt, and which spouse may continue living in (and paying for) the marital home. The separation agreement does not terminate your marriage like a judgment of divorce, but it offers each spouse protection with a court order on the most crucial issues. Free Consultation with a Legal Separation Lawyer in UtahIf you have a question about divorce or a legal separation or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Chapter 13 Bankruptcy Eligibility What is the Best Interests of the Child? Basics of Adoption and Same Sex Couples via Michael Anderson https://www.ascentlawfirm.com/legal-separation-faqs/
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Gay men and lesbians have always adopted, although their sexual orientation may not always have been in the open. Today, openly gay and lesbian men and women are being considered more seriously as potential adoptive parents. This change has been aided by the increase in the number of gay and lesbian biological parents in the United States. Below you will find key information about adoption and same-sex couples. Same Sex Parents StatisticsAs of this last decade, an estimated 6 to 14 million children have a gay or lesbian parent. And, between 8 and 10 million children are being raised in gay and lesbian households. According to the most recent data from the the U.S. Department of Health and Human Services, Adoption and Foster Care Analysis Reporting System (AFCARS), it is estimated that there are 500,000 children in foster care nationally, and 100,000 need to be adopted, according to the ACLU. In 2015, it is also estimated that approximately 3.8 percent of the U.S. population identifies openly as gay, lesbian, bisexual, or transgendered, according to a Gallup poll. Same Sex Adoption in the U.S.As of 2016, same sex adoption became legal in all 50 states. Mississippi was the lone holdout until a federal judge struck down the law as unconstitutional, citing the Supreme Court’s decision legalizing same-sex marriage nationwide. Despite these gains in equality in the adoption system, some states still have restrictions on fostering children, however, and other roadblocks for same-sex couples remain. If you are considering same sex adoption or foster care, it is wise to speak with an attorney in your state to learn the current laws and regulations in your jurisdiction. Challenges to AdoptionDespite this increase in gay and lesbian parenting, social workers may have reservations when considering gay adoptive parents for a child. They might wonder how the children will be raised, and how they will feel about themselves and their parents. Will they be embarrassed because they have two mothers or two fathers, or because their single mother dates women or their unmarried father has a boyfriend? Will their friends tease them? And most important, how will having been raised by gay or lesbian parents affect them as they grow into adulthood? Research on Gay and Lesbian ParentingDefining the family structure of gay and lesbian parents can be a challenging task. The most common type of homosexual household is step or blended families. These are gay and lesbian parents who had their biological children in a former heterosexual relationship, then “came out”, and created a new family with another partner. Other types of family structures include single gay or lesbian parents and couples having children together. Both of these family types may be created through adoption, but more frequently reproductive technology is being utilized. There has been some research on biological families with gay and lesbian parents. This research focuses mainly on children born to donor-inseminated lesbians or those raised by a parent, once married, who is now living a gay lifestyle. While research on these situations has not addressed all the issues relevant to adoptive parenting, this information is invaluable for social workers struggling with difficult decisions, for gay men and lesbians who want to be parents, for their families and friends, and for anyone seeking information on this nontraditional type of family. Studies consistently show that children living within same-sex parent households fare just as well as those children residing within different-sex parent households over a wide array of well-being measures. Research StudiesResearch studies are becoming more prevalent as LGBT persons become more visible. While in the past studies were often conducted by individuals or organizations with a vested interest in the outcome and were contradictory, studies are now moving towards greater objectivity, including definitive studies that follow larger numbers of children over a long period of time. That research, when completed, will provide more definitive information for the debate. Free Consultation with Adoption Lawyer in UtahIf you have a question about an adoption or if you need an adoption attorney to help you, please call Ascent Law at (801) 676-5506. We will help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
What is the Best Interests of the Child? Salt Lake City Adoption Attorneys via Michael Anderson https://www.ascentlawfirm.com/basics-of-adoption-and-same-sex-couples/ The general, overarching standard in all states for child custody is to come to a resolution that is in the “best interest of the child.” But this standard might seem rather subjective. Exactly what is meant by “best interest?” The following are a few factors that go into these decisions:
How Does Religion Factor into Custody Arrangements?In some circumstances, courts may look at the way children are impacted by religion in determining which parent will get child custody in a divorce. It is one of five decisions made by married parents that must be made jointly, alongside decisions of residence, health care, recreation and education. As courts analyze how religion impacts the children after divorce, they will first determine the “status quo” heading into the divorce, or the kind of religion the parents practiced before splitting. That religion is determined to be the child’s religion, and neither parent can change it on behalf of the child unless they both agree or they get permission from the court. If there is no status quo religion in place, neither parent is allowed to make the decision to affiliate their child with a specific religious denomination without getting permission from the other. If a parent decides to change their religion after the divorce, it is fine for the parent to practice that religion as he or she sees fit. However, they are not allowed to force their children to go through the change of religion as well. They can openly share their beliefs with their children and explain their new faith to them, but they are prohibited from formally changing their child’s religion or forcing them to go through religious education in their new faith. If your ex is being difficult in regard to religion after a divorce, you can work with the courts to stop them from attempting to illegally convert your children. Free Consultation with Child Custody LawyerIf you have a question about child custody question or if you need to collect back child support, please call Ascent Law at (801) 676-5506. We will help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Does a 14 year old Child’s Opinion Matter in a Custody Battle? Protecting Assets from Divorce via Michael Anderson https://www.ascentlawfirm.com/what-is-the-best-interests-of-the-child/ Few divorce decisions are as emotionally fraught as those involving custody of minor children. Divorcing spouses who agree on other issues can quickly reach an impasse where children are involved. Too often, protracted custody battles are thinly disguised attempts to manipulate support obligations , deny equal parental rights, or alienate a child from a non-custodial parent. While you and your spouse can make custody agreements and visitation arrangements on your own, litigated custody disputes turn those decisions over to a judge who does not know your family. As one of the best family law firm in Utah, our practice daily handles tough custody cases for clients from all walks of life. These parents retain us to fight for the best interests of their children—and for their future. You should make sure you get a child custody lawyer to help you whenever you have an issue like this come up. Two questions to be addressed concern legal and physical custody, defined as follows:
Along with recommendations from the law guardian for your child, a judge will review best interest factors to make a physical custody decision that may look like one of the following:
Childhood is brief, but its scars can last a lifetime. If you have custody issues, retain a skilled attorney and fight for your child while you can still make a difference. How Does Remarriage Affect Older Children?Many people expect there to be some growing pains when getting remarried with minor children in the picture. However, many of these same transitional and emotional issues can also be a factor if you or your spouse have any older children. While older children are going to be better able to emotionally process the transition, they are still human and still could very well have complicated feelings about the marriage. You should be prepared to notice and address any of the following issues:
Free Consultation with Child Custody LawyerIf you have a question about child custody question or if you need to collect back child support, please call Ascent Law at (801) 676-5506. We will help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Does a 14-year-old child’s opinion matter in a custody battle? What is a brain injury and why do I need a lawyer? via Michael Anderson https://www.ascentlawfirm.com/basics-of-child-custody/ As a probate lawyer, I often get asked questions about wills and trusts. Usually, you and your spouse will want to make a will together to leave the entire estate to each other and eventually to your children. While it is not the only way, a joint will allows one spouse to inherit the entire estate upon the death of the other spouse. However, you will need to carefully balance many factors to determine if creating a joint will is the best option for you. Read on to learn about joint wills, their legal effects, and potential problems and issues. What Are Joint Wills?A joint will is a type of will that is jointly executed by two or more persons, usually a married couple, which combines the parties’ last will and testament. Under a joint will, the surviving party inherits the entire estate when the other party passes away. Between a married couple, the entire estate will usually go to the spouses’ children upon the death of the second spouse. Keep in mind that joint wills are different than joint and mutual wills, which contain reciprocal provisions that make the property distributions dependent on the other. Legal Effects of Joint WillsA joint will is a legal contract that cannot be changed or revoked by one party alone. The parties may revoke the will during their lifetime through mutual consent. However, once one of the parties passes away, the joint will cannot be revoked. Even if the surviving spouse remarries after the death of the other spouse, the terms of the joint will remain unchanged and the surviving spouse must comply with them. At Ascent Law, we really believe that having a will or joint wills if you are married is a vital part of estate planning and it should not be ignored or put off for another day. Problems of Joint WillsJoint wills are rarely used today because of potential problems and lack of advantages. Back in the day, joint wills were preferred over other types of wills because they saved time and additional labor. However, now that wills can be easily created on a computer, there’s no clear advantage to joint wills in most cases. One of the biggest potential problems is that the surviving spouse is unable to change the terms of the will, regardless of the changed circumstances after the death of his or her spouse. For example, when the surviving spouse remarries another person and wants to leave some of the assets to his or her stepchild, the joint will prevents the surviving spouse to leave any part of the estate to that stepchild. Another problem may arise if the surviving spouse wants to disinherit the child. Even if the spouses’ child abandons the family and stays disconnected with the surviving spouse, the surviving spouse still cannot disinherit the child without an approval of the deceased spouse. Moreover, the surviving spouse may be tied up with the terms of the joint will for a long time. Say that the spouses got married when they were young and one of the spouses dies soon after their marriage. Now, the surviving spouse can be tied up with the terms of their joint will for decades. Good Alternative to a Joint WillA joint will isn’t the only way to transfer the estate to another person. If a married couple wants to make sure their children inherit everything after their deaths, the couple can set up a trust that contains the provisions of their wishes and restrictions. By setting up a trust, you are able to control who will manage the property for the benefit of your children, modify any terms of the trust, or entirely revoke the trust during your lifetime. Free Consultation with a Utah Estate LawyerIf you are here, you probably have an estate issue you need help with, call Ascent Law for your free estate law consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Who gets the house in divorce? Missing Chapter 13 Bankruptcy Payments Does a 14 year old child’s opinion matter in a custody battle? via Michael Anderson https://www.ascentlawfirm.com/joint-wills/ The Supreme Court, District Courts as well as the Family Courts in the State of Utah give some deference and weight to the opinion of children. This is an important part of child custody in Utah. This doesn’t guarantee that a 14 year old will get what he or she wants. As the children age, their opinion is given more weight. Most often any child over the age of 5 is given an attorney by the Court (Attorney for the Child “AFC”). That person will be telling the Judge and anyone who will listen the wishes of the child. If the child is over the age of 14, those wishes will most likely carry great weight in any custody battle. The result is as follows: children are driving the bus. Children playing one parent against another. Children are empowered to make decisions that, most likely should have been left to adults. Nevertheless, two adults cannot make a decision as to which of them is a better parent or custodial parent, the child will most likely make that decision for them If the child is over the age of 14. Our firm handles almost 1,000 cases a year and only handles divorce and Family Law cases. We know how to support the child’s wishes and we have also successfully won cases by challenging both the child’s preference and the arguments of the AFC or Forensic. When Pet Custody is an IssueMany couples and families own beloved pets. The ties that bind humans to animals sometimes outlast those of human relationships. When that happens, sparks fly when one spouse decides Fido is leaving with him or her. In a recent survey, the American Association of Matrimonial Lawyers (AAML), reported more than a quarter of its members noted an uptick in divorce actions involving pets. The survey revealed trends that include:
Thoughts to consider when the ownership of your pet is pending during divorce include:
In Utah, animal companions are considered property of the marital estate. While a decision in the best interests of the animal makes sense, it is not the legal standard at play when pet ownership is disputed. Mother Fails to Provide Evidence of Enhancement in Relocation CaseA recent bid before the Appellate Division, Second District failed when a mother was unable to provide important information to support her desired relocation after a divorce. In Christy v. Christy, appellant Lisa Christy sought relief from a family court decision that prohibited her from carrying out a proposed relocation with the children of her previous marriage. In Utah, the court maintains authority over the residential location of minor children. Even if two parents agree on relocation, the action must be approved by the court. When relocation is contested, the court must decide the issue in the best interest of the children involved. In this case, Ms. Christy and her former husband, Brian Christy, have three children. Since the entry of their Judgment of Divorce in June 2012, Ms. Christy has remarried and currently lives with her second husband and his three children. The children of Mr. Christy visit him three weekends per month. Ms. Christy, an unemployed teacher, sought to relocate to Arizona to pursue a job offer. The job offer to Ms. Christy requires her to recertify as an educator in Arizona. The second husband of Ms. Christy is currently employed in Utah and does not have a job offer in Arizona. In the earlier family court action, Mr. Christy succeeded in his argument to dismiss the petition of Ms. Christy to relocate. The appellate court agreed with him in January of this year for the following reasons:
Free Consultation with Child Custody LawyerIf you have a question about child custody question or if you need to collect back child support, please call Ascent Law at (801) 676-5506. We will help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
Fruit and Vegetable Dispute Resolution Corporation via Michael Anderson https://www.ascentlawfirm.com/does-a-14-year-old-childs-opinion-matter-in-a-custody-battle/ When someone dies without a will, those left behind must figure out how to transfer or distribute the deceased person’s property. This often requires going to probate court. Despite the negative publicity probate receives for being complicated and expensive, there are benefits to going through probate without a will. First, let’s review some probate basics. When you die without a will, this is known as dying intestate. Each state has established guidelines on how property and other assets will be distributed when a person dies intestate. These guidelines are known as state “intestate succession” laws. These laws control how your estate in handled in probate court. Read on to learn more about how probate without a will works. Benefits of Probate When There’s No WillLook around your home or apartment, then imagine what would happen if you were suddenly gone. You died and didn’t leave a will. Who would clean your house and where would your belongings go? And what if your heirs started fighting over who kept your dog? Probate court provides a final decision to many unanswered legal questions that arise when you die without a will. So here’s why you may want to go to probate without a will:
What’s the Role of the Probate Court?State courts typically contain a designated probate division, commonly called probate court. Its primary job is to oversee the process that lawfully resolves all debts, taxes and financial affairs of people who die. Probate court also ensures the remaining assets go to the proper people. Probate court selects the estate administrator when you die without a will. Generally the surviving spouse is appointed. If there is not a spouse, or they decline, the court will appoint the next nearest relative. Some states have residency requirements for administrators, which can create serious issues for families that are spread across the country. Starting Probate Without a WillWhen a person dies, someone needs to do the work of closing out their estate. If you want to start probate without a will by serving as the administrator, you typically start by filing a petition in probate court. Here’s a step-by-step look at how to get the process going.
Free Consultation with a Utah Estate LawyerIf you are here, you probably have a business law issue you need help with, call Ascent Law for your free estate law consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
via Michael Anderson https://www.ascentlawfirm.com/probate-without-a-will/ Are you and your spouse having problems? Are you considering divorce? If you answered yes to either of these questions, you may be surprised to learn that there are alternatives to traditional and often contentious divorce. For many couples who wish to separate, uncontested divorce is the answer. Yet for others, the following alternatives are more appropriate:
An annulment might also be an option if you qualify. Understanding ‘Equitable Division of Property’ in UtahLike in most other states, Utah law calls for the equitable division of marital property when a couple gets divorced. It’s important to note that “equitable” is not the same as “equal,” although it can be in some situations. The focus is on creating a property division arrangement that is fair, taking into account what each spouse contributed financially to the marriage and what each spouse needs to maintain a reasonable standard of living in the future. Utah used to be a “common law property” state, in which the property owned by either spouse was distributed according to how the property was titled. If only one name appeared on the title, that person would receive the property outright. An equitable division arrangement can be much more complex and takes into consideration a greater variety of factors. These include the following:
Free Consultation with Divorce Lawyer in UtahIf you have a question about divorce law or if you need to start or defend against a divorce case in Utah call Ascent Law at (801) 676-5506. We will help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
via Michael Anderson https://www.ascentlawfirm.com/divorce-alternatives/ Estate taxes are imposed by the federal government and some state governments on the transfer of a person’s property upon death. This is part of the area of Probate Law. Estate taxes can apply when the decedent has an estate plan such as a will in place, and they can also apply if the decedent dies intestate (meaning without a will or other form of estate plan). A number of states have passed laws requiring the recipients of real estate or personal property to pay taxes on the property that’s being inherited. Although these taxes focus on recipients, rather than on the decedent, they are nonetheless considered a form of estate tax. This section contains information and resources on estate taxes as they relate to estate planning and administration. For example, you’ll find a discussion about how to minimize the estate taxes a person pays, an article explaining gift tax laws, an overview of using life insurance to avoid estate taxes, and a link for consulting with an experienced estate planning attorney in your area. Estate Tax BackgroundAccording to the IRS, the estate tax is a tax on your right to transfer property at death. The federal estate tax, in its modern form, was enacted in 1916 and has gone through significant changes, including a temporary repeal in 2001. However, in 2011, the federal estate tax was re-implemented, although with a high threshold that currently stands at over $5 million (meaning that only those property transfers that exceed that amount trigger the federal estate tax). Utah Estate Tax AttorneyPhilosophically, some estate tax opponents question why property that belonged to you during life, and which presumably has already been taxed at the time of purchase, should again be taxed when you pass away. Estate tax opponents also ask why property that is obtained through a person’s efforts and hard work during life should be taxed simply because he or she passes away. On the other hand, supporters of estate taxes argue that these taxes help to reduce economic inequality, and that the revenue they generate help governments at various levels to pay for necessary public services. The Basics of Estate TaxesNote that some forms of estate tax are imposed directly on the decedent’s estate, while others focus on the recipients of the property. For example, in some states, estate taxes are imposed upon a person who receives property from the decedent, and the amount imposed can depend on both the value of the property being transferred and on the recipient’s relationship to the decedent. This is very different than the Orem City Code. As you begin to plan your estate, it’s important for you to know the basics about the federal and your state’s estate taxes, so that you make decisions that minimize the amount of tax that’s paid either by your estate or by your inheritors. Depending on the purpose or type of estate plan you create, you may be able to transfer money and other property while avoiding taxes such as the gift tax. For example, one type of estate plan allows a person to create an account dedicated to providing school tuition to another person. This type of account generally avoids gift taxes. Get Legal Help with Estate Tax LawIt’s common to have questions about estate taxes, such as how to minimize your liability. It’s best to contact a qualified tax attorney who can answer your questions about estate taxes and help you create an estate plan that best suits your needs. Free Consultation with a Utah Estate LawyerIf you are here, you probably have an estate issue you need help with, call Ascent Law for your free estate law consultation (801) 676-5506. We want to help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
When is it right to Seek Full Custody? via Michael Anderson https://www.ascentlawfirm.com/estate-tax-law/ A recent report in the Washington Post indicates that more than 20 states contemplated implementing shared custody laws in 2017. Collaborative co-parenting agreements have become popular among divorcing couples over the last two decades, ending what had once been the typical “every other weekend dad” arrangement. State lawmakers are more frequently considering writing these types of co-parenting arrangements into law in the form of shared custody legislation. These bills would make shared custody arrangements a legal presumption, even if the parents disagree. In Kentucky, for example, lawmakers passed a bill that makes joint physical custody and equal parenting standard in temporary custody orders while the divorce is being negotiated. In Florida, the state legislature approved a new bill to make equal time a presumption for child custody plans, but the bill was vetoed by Governor Rick Scott. In Michigan, lawmakers are mulling legislation that would make shared parenting time the baseline for custody negotiations. Why Shared Child Custody?The recent push for joint custody arrangements is partially a result of years of lobbying by advocates for fathers’ rights, who argue men have been overburdened by child support obligations and too often feel “alienated” from their children. The National Parents Organization has been a player in the fathers’ rights movement, but also has a wider focus on children’s rights and overall parental equality. Critics of these legislative efforts say they relax protections against abusive or controlling spouses, and also take some legal discretion away from judges who are responsible for determining what is in the child’s best interest in each case. Considerations for Your Pets During and After DivorceWhile many of us think of our pets as being almost like our children, the law certainly does not hold them in the same regard. Pets are handled just like other household possessions in the divorce process. However, because of the strong emotional bond between humans and their animals, determining who gets custody of your pets could be a contentious process. Legal precedent on pet ownershipThere have been some high-profile court cases over the years related to what happens to pets during and after divorce. A 1995 case in Florida received considerable publicity when an appeals court overturned a trial court’s decision to allow a woman visitation to her family dog, which was a premarital asset of her ex-husband. The appeals court declared the woman had no rights as a dog “parent,” as the animal is considered personal property Many national animal rights advocates believe courts should take the best interests of the animal into consideration, just as they would with a child — even though animals do not have the same legal rights as human beings. Tips for handling pets after divorceRegardless of the arrangement you come to regarding pet custody, it is important to work to help your pets cope with the divorce. Just like children, some animals can display signs of stress after a divorce, although the symptoms can be more difficult to identify. The following are some tips:
Free Consultation with Child Custody LawyerIf you have a question about child custody question or if you need to collect back child support, please call Ascent Law at (801) 676-5506. We will help you.
Ascent Law LLC
8833 S. Redwood Road, Suite C West Jordan, Utah 84088 United States Telephone: (801) 676-5506
Ascent Law LLC
4.9 stars – based on 67 reviews
When is it right to seek full custody? Optimize Your Asset Protection via Michael Anderson https://www.ascentlawfirm.com/shared-custody/ |
Probate LawyerProbate Lawyer in West Jordan Utah. If you need probate lawyer, trust attorney, inheritance counsel, living trust, last will and testament, call 801-676-5506 now for a free consultation. Archives
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