The residents of California are no strangers to drugs. In fact, drug abuse is California’s biggest culprit when it comes to premature deaths. But the police are cracking down on the sale of narcotics. Here’s a look at some of the biggest California drug arrests of the year.

1. San Bernardino Drug/Gang Bust

In February 2017, the FBI closed a 16-month investigation. After investigating two notorious San Bernardino gangs (Thee Rascals and East Side Victoria), authorities arrested 70 people. They also took into possession over ten pounds of methamphetamine and 18 weapons. It was a significant bust for the FBI and was one that greatly benefited the local community. The two gangs involved are notorious for selling drugs. By arresting members of the gang, police made a significant impact on the sale of narcotics.

2. Fresno Drug Bust

Local police confiscated over 50 pounds of methamphetamine and marijuana from a Fresno home in January 2017. After receiving a tip about the drugs, Fresno’s Major Narcotics Unit checked out the house. Officers found the drugs and made one arrest. In a respected community with many families, the house did not fit the typical profile of a drug den.

Authorities believe that the drugs were brought in by a cartel and that the man in possession of them planned to sell them on the streets. Taking these narcotics into possession was one of the biggest Fresno, California drug arrests that Sgt. Timothy Tietjian can remember making. Although police only arrested one person, the sheer quantity of methamphetamine they found makes it memorable.

3. Fontana Gang Member Arrests

Gangs and drugs often go hand-in-hand, and the gangs in Fontana are no exception. So it should be no surprise that the arrest of 35 gang members in Fontana is considered a major accomplishment in the war on drugs. In an operation that involved over 350 law enforcement officers, police took firearms, ammo, and a variety of drugs off the street. Although police arrested a total of 35 people in one day, they arrested 32 others throughout the duration of the operation.

The investigation that led to the arrests was one by Fontana police, the FBI, and California Highway Patrol. They targeted the two major gangs that traffic drugs and guns in the area: Sureños (which has ties to the Mexican Mafia) and La Eme.

4. Mountain View Opium Seizures

This year, police arrested two Mountain View residents in what is known as one of the largest opium seizures in California. It all started in late 2016. When detectives received a tip about someone selling opium poppy pods, they looked into the situation. As it turned out, the tip was true. A woman imported the pods into the country, and her husband processed and sold them.

The couple was caught storing shipments of poppy in lockers. Then, they would grind the pods up and sell it as a powder. Officers found about 50 pounds of poppy pods in the couple’s home. They also found over $30,000, which they believe to be from opium sales.

But detectives didn’t stop there. They were able to get a search warrant for the lockers where the couple usually stored the poppy. After searching the lockers, authorities found about 4,000 pounds of poppy pods. With an estimated worth of $400,000, this is one of the most significant California drug arrests of the year.

5. Los Angeles County Arrests

Although the following arrests took place in late 2016, the magnitude of them has earned them a place on this list. After a full year of investigation, law enforcement arrested 14 people and seized 400 pounds of drugs, $3.2 million, and firearms in Los Angeles County.

The drug trafficking that police investigated was tied to Mexican cartels and street gangs. Cartels smuggled in cocaine, heroin, and methamphetamine and distributed it to gang members throughout the Southwest, including Los Angeles.

Fighting California Drug Arrests

The year has only just begun, so there are likely to be many more California drug arrests. But it’s important to remember that these arrests don’t always result in a conviction. Sometimes, there are ways to fight the charges.

There are many different ways to fight a drug conviction, each depending on your specific situation. For one, there’s unlawful search and seizure. If an officer didn’t have a warrant or reason to perform a search, a judge might dismiss your charges. There’s also entrapment. By law, an undercover officer cannot encourage you to commit a crime that you wouldn’t usually commit. Sting operations are legal, but law enforcement can’t persuade you to do anything illegal. Another option to fight drug charges is to prove that the drugs weren’t yours in the first place. It’s important to know that you can fight narcotics charges with a California drug attorney.

The charges aren’t easy to fight, especially without the right representation. If you’re facing legal trouble for a drug arrest, contact a California drug attorney.

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California Theft Laws: Petty vs. Grand

California theft laws do not treat all theft equally. The total value of goods stolen determines the seriousness of the crime. Larceny fits into one of two categories: petty theft or grand theft.

Petty theft is the less severe of the two offenses. In most states, petty theft is a misdemeanor crime. The law punishes misdemeanor criminals less severely; often with a monetary fine, community service, or both.

On the other hand, grand theft, or larceny, is much more severe. The state establishes a statutory amount–usually somewhere around $1000– that determines grand theft. If the value of stolen goods amounts greater than that amount, the defender faces possible felony charges and possible jail time.

A prosecutor must establish intent to prove theft. If the defendant intended to withhold the property owner’s right to property permanently, it holds specific intent to steal. Types of property stolen include:

• Real property
• Money
• Personal property
• Total value of services or labor

Petty Theft in California

In the state of California, theft of valuables worth less than $950 is petty larceny. Examples of common petty theft include bicycle thievery and lifting goods from property when legally invited into another’s home. However, typically retail fraud–more commonly known as shoplifting– results in petty larceny charges.

Within California theft laws, there are exceptions to the established $950 amount. Typically, these exceptions include agriculture products such as chickens, olives, fish, citrus, et cetera. If the wholesale value equates to $250 or greater, the theft of various California agriculture products raises to grand larceny.

Grand Theft in California

In the state of California, grand theft is a hybrid offense or “wobbler” law. Grand theft may be a misdemeanor or felony, depending on the prosecutor. While the statutory limit for grand larceny is $950, the closer the total goods’ value is to that number, the better chance of misdemeanor charges.On the other hand, the greater the total amount value of stolen goods, the greater the chance of felony charges. This is true even for first-time offenders.

California theft laws state when a person takes property from another, no matter the value amount, it is grand theft. To illustrate, if a person pickpockets or takes a handbag with the contents valuing less than $950, it does not matter. This crime is grand theft in the state of California. Furthermore, if the theif uses any force or threat, the charges elevate to robbery. Unlike grand theft, robbery is always a felony and carries up to 5 years in prison as a punishment.

Additionally, theft certain items in the state of California always result in grand larceny charges. These items include:

• Guns or firearms
• Cars, trucks, motorcycles, or any motor vehicle
• Agriculture products including livestock, aquaculture, and vegetation

Petty & Grand Theft Punishments

According to California Penal Code section 488, the maximum punishment for petty theft is a fine up to $1,000 and up to six months in county jail. The defender may receive either one penalty or both. California theft laws define petty theft as any theft not deemed grand larceny.

California Penal Code section 487 states that if the prosecutor of grand theft chargers files them as a felony, the defendant faces a fine of up to $1,000 and up to 3 years in state prison maximum. While the prosecutor decides whether or not the charges necessitate a felony, the judge has the final say on punishment. In fact, they may allow probation with no jail time if deemed appropriate.

California Theft Defense

If you face theft charges in California, you need a defense attorney with the experience and know-how to prepare the best defense. As evidenced above, theft charges in California are somewhat flexible. Having a knowledgeable California theft lawyer by your side provides options considering your position. Whether you face petty theft or grand theft charges, your attorney helps you understand the charges and the legal defense process.

If you or someone you know in Stockton, California faces criminal charges such as petty or grand theft, contact legal representation immediately. A lawyer’s guidance provides strength in the court of law, so you can stress less facing theft charges. Contact Stockton criminal defense attorney Erica M. Bansmer for a free consultation at 209-474-2400.

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Prop. 64 & The New California Marijuana Laws

This past November, Californians voted to approve California marijuana laws Prop. 64, more formally known as the Adult Use of Marijuana Act (AUMA). Essentially, Prop. 64 made recreational marijuana use and small-time possession legal in the state. It is only legal for adults over the age of 21.

Additionally, the state of California now taxes retail sale of marijuana, exempting medical marijuana users. Agricultural production of hemp is now legal in the state since January first. Finally, the proposition prohibits the use of marijuana in situations deemed inappropriate. For instance, in any public place, near schools, or while riding in a motor vehicle.

The aim of Prop. 64 is to reduce the number of legal penalties resulting from recreational marijuana use, in particular for first-time offenders. However, utilization and possession of marijuana are still illegal federally. Even though marijuana is mostly legal in the state of California, you may suffer penalties for use in other ways.

You Can Lose Your Job

In our capitalist society, companies hire employees”at-will.” They reserve the right to fire an employee over marijuana consumption despite its legality. Prop. 64 explicitly states that employers in California may penalize workers if tested positive for THC.

Furthermore, anyone working for a federal agency cannot consume marijuana at all. Those who work in federally regulated fields such as health care also face penalties. The fact of the matter is the stigma around marijuana lingers despite partial legalization through California marijuana laws.

You Cannot Get Federally Subsidized Housing

As the federal government considers marijuana a Schedule 1 drug, no federal agency offers housing assistance for those who use it. Some housing authority agencies do not bother drug testing applicants. However, evidence of marijuana use or complaints from neighbors may disqualify an applicant for programs like Section 8.

Furthermore, Californians that rent– even without federal subsidies– still face eviction if their lease prohibits “illicit” drug use. Even though marijuana is legal in California, a lawyer could argue that its federal illegality applies.

You May Pay More For Insurance

Insurance companies may tack on significant premiums to your insurance plan if you smoke marijuana. It is the same way companies charge more for tobacco users. Furthermore, some people cannot get life insurance if they use marijuana. In the state, cannabis users report problems finding property and liability insurance for their health, cars, or businesses.

You cannot own a gun

According to a federal appeals court decision, medical marijuana patients do not have Second Amendment rights. After a weapons shop had refused to sell a weapon to medical marijuana card holder S. Rowan Wilson, she filed a lawsuit. The gun sellers cited a federal law against selling firearms to users of illegal drugs.

The 9th U.S. Circuit Court of Appeals concluded that the gun store was correct. They cited a Congressional decision that drug use, including marijuana, raises the risk of irrational behavior. Furthermore, The Bureau of Alcohol, Tobacco, Firearms and Explosives added a line to its gun ownership applications where applicants reiterate that marijuana is federally illegal.

You May Have Trouble With Health Care

People who use cannabis report problems dealing with certain health care programs. For instance, those in pain management programs may be kicked out for testing positive for marijuana. Another example includes mothers who use medical marijuana to control nausea. Additionally, those who consume marijuana have more difficulty finding organ donors for transplant. However,  California passed a law in 2015 making it illegal to deny an organ transplant based solely on the candidate’s use of marijuana. If you or someone you know believes they were passed over for an organ transplant operation in California based on marijuana usage, contact a Stockton drug lawyer as soon as possible.

You May Have Difficulty Finding Business Services

Business owners who use cannabis admit to difficulty finding help for their businesses. For instance, a certified public account or attorney. For companies in the cannabis industry, the problem is even greater.

Companies in the marijuana industry cannot take advantage of digital advertising platforms such as Facebook, Google, or YouTube. Furthermore, they face difficulty finding assets such as rental properties. Additionally, some construction companies are unwilling to associate with a drug business.

Do You Have Questions About California Marijuana Laws?

Call the experts at Bansmer Law. Stockton drug lawyer Erica M. Bansmer has years of expertise dealing with criminal and family law. Contact us at (209) 474-2400.

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When pulled over for suspected driving under the influence, you will often find yourself asked to take a Field Sobriety Test. Though Field Sobriety Tests remain prevalent in law enforcement, few know the ins and outs of whether or not they present a logical course of action for the accused party. Should you be that accused party, understanding which course of action steers you in the right direction will go a long way towards helping your legal case in the situation. While no one wishes to be accused of driving under the influence, the second that happens you must take care of yourself to avoid legal repercussions.

However well you may believe you understand the law, professionals exist to ensure you know what to do in such scenarios. DUI Lawyers work to defend you against legal punishments for DUIs. After being pulled over, one of the first phone calls you should make is to a DUI Lawyer. Though this course of action will get you the best results, there remains the concern of the breathalyzer test. Should you take it? How will taking it impact your legal standing?

Let’s go through what you need to know about Field Sobriety Tests.

What You Need to Know About Field Sobriety Tests

Why Do They Take Field Sobriety Tests?

In understanding whether or not to take a Field Sobriety Test, understanding the purpose of them remains key. Field Sobriety Tests work to determine whether or not the arresting officer has a case to arrest you. For example, if your test comes back following the legal limits, your case will strengthen. However, should your tests come back not following the legal limits, you will be in trouble. The tests work to ensure the police do not wrongfully convict anyone or misunderstand potential crimes.

What Do The Tests Entail?

Field Sobriety Tests range from minor physical tests to difficult tasks. You will be asked to perform different tasks to determine your sobriety. These tests depend on the officer. Examples of Field Sobriety Tests include Horizontal Gaze Nystagmus, Walk and Turn, One-Leg Stand, and Breathalyzer Tests.

Horizontal Gaze Nystagmus tests the involuntary jerking of your eye. This motion is exaggerating when you are under the influence, thus making your inability to follow a moving object for example something you would struggle with.

Walk and Turn requires you to take nine steps, then walk back in the same direction. This tests your ability to walk in a straight line and balance.

One-Leg Stand tests your ability to stand on one leg for thirty seconds and balance. Like the Walk and Turn, this tests your balancing abilities. The inability to stand without flailing shows a lack of sobriety.

The Breathalyzer Test

The Breathalyzer Test zeroes in on potentially drunk drivers to determine their blood alcohol content. If the blood alcohol content is above a certain number, it is above the legal limit. This allows arresting officers enough evidence alone, thus enabling acting on the reason for your being pulled over.

However, many factors regarding Breathalyzer Tests present valuable knowledge. First of all, if you were arrested for drunk driving in the past, you must take the Breathalyzer Test. Refusing in that scenario works the same as admitting guilt when it comes to the way the laws work.

In the case of zero times arrested before for drunk driving, however, the law works differently. Breathalyzer Tests often put you in difficult spots due to their existence as set numbers. Officers use the numbers as their top evidence to keep you from getting back on the road. With that being said, Breathalyzer Lawyers strengthen your case in such scenarios. Breathalyzer Lawyers work mostly with those who refuse to take the Breathalyzer Test.

What Happens If I Refuse A Field Sobriety Test?

While one can refuse to take a Field Sobriety Test, doing so works as a legal setback rather than a legal strength. Refusing to take a Breathalyzer Test, for example, brings about a one year suspension of your license. Each additional refusal suspends your license for another year. With each suspension comes a $125 fine as well.

The law works this way because in California driving is considered a privilege, not a right. Thus, your driving is not of the utmost importance to California. Instead, California’s focus zeroes in on keeping the roads safe.

One possible reason to refuse a Field Sobriety Test is due to medical circumstances. This excuse works mainly for Breathalyzer Tests, but they do work if the circumstance is real. This angle is one DUI Lawyers work with to ensure you receive the least punishment possible for what transpired.

All things considered, refusing a Field Sobriety Test may seem like an easy way out, but that is not the case. Refusing a Field Sobriety Test sets you up for negative consideration by the law.

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One of the most important bonds to a young child is the bond they have with their grandparents. Family law can at times be complicated. One of the more complex issues is Grandparent’s rights. California is known as a “permissive” state when it comes to grandparent’s rights to see their grandchildren. Meaning, California courts are more likely to grant visitation rights to grandparents than in other states. These are known as “restrictive” states. However, there are exceptions to this rule:

1.  The parents are living separately
2. A parent’s whereabouts are unknown (and have been for at least a month)
3. One of the parents joins the grandparent’s petition for visitation
4. The child does not live with either of his or her parents
5. The grandchild has been adopted by a stepparent

Grandparent’s Rights: Visitation

In order for a court to grant visitation rights to a grandparent, the court must find that there was a pre-existing relationship between the child and the grandparent. This previous relationship must have engendered a bond. This means it is in the best interest of the child for them to be able to see their grandparents. However, this is not the only criteria the at which courts will look. The courts will also look to balance the best interest of the child with the parent’s rights to make that decision for their child.

For Grandparents seeking visitation rights from a court, the grandparents must file a petition with the court. This step may be a bit tricky. First, the grandparent must find out if there is already a case involving the child’s parents. These types of cases can include a divorce, a parentage case, a child support case, or a domestic violence restraining order. If there is already a family law case between the parents over any of the previously mentioned possibilities. The grandparent can file the court for visitation citing the existing case. If there are no open cases, the grandparent will have to start a case from scratch. As of now, some courts have developed local forms, and templates grandparents can use to ask for visitation to their grandchildren. Grandparent’s Rights: How an Attorney can help.

Law Case Run Through

Law cases can be very intricate. There can be a ton of paperwork and procedural intricacies that grandparents or the general public may not know. This is why a lawyer can be of great assistance. When trying to win visitation rights to your grandchild, it is nice to have someone in your corner looking out for you. A lawyer will correctly file your paperwork, review your forms, and also help you serve your grandchild’s parents. Once you file for visitation through the court, you must serve legal notice to your grandchild’s parents.This is a very important procedural step, which a lawyer can greatly help with. This lets them know they have to appear in court on a certain date or face legal consequences. This step is crucial because if you serve them incorrectly the case can not move forward. If the case can not move forward, you will continue not to be able to see your grandchild.

Grandparent’s Rights: Mediation

Another area an attorney can be of great assistance is in mediation. After filing your case through the clerk’s office, they will give you a court date. There is a possibility that before your court date you may have to go to mediation with your grandchild’s parents. Having an attorney to provide legal counsel isn’t necessary but can prove to be very helpful. Once a judge makes a ruling, he or she will then sign a court order. In some cases, the clerk or court staff prepare the order for the judge to sign. However, in other cases, the responsibility falls on the person who asked for the hearing to prepare the order. This process can add a ton of paperwork and at times can become confusing which is why hiring an attorney can relieve much of this burden when it comes to grandparent’s rights.

Grandparent’s Rights: What You Need to Know

Grandparent’s rights can be a tricky situation. If the grandparents need to go through the courts to see their grandchildren, it most likely means they are not on the greatest terms with the child’s parents. This can put a giant strain on the family. This adds greater value to retaining a lawyer who can help you win the right to see your grandchild. Although, hiring a lawyer does not guarantee you will win visitation with your grandchild as the courts have to take into account the parents right to make decisions for their child.

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The guardianship laws in California cover a variety of situations. These laws govern adoption, and guardianship of a person or an estate. There are certain requirements that must be met to apply for guardianship in California. This article will be a complete guide to the entire process. Also, when applying for guardianship, you will want to consult with an attorney.

The Two Types of Guardianship

Guardianship of a Person

In this situation, the guardian obtains all of the parental rights of a child. This means that the guardian has all of the legal responsibilities for the child’s wellbeing. The Guardian also has full legal custody of the child and is responsible for all of the decisions about the child’s health. Anyone can apply to be a guardian. Family members, grandparents, family friends, or anyone else can apply to become a guardian.

The responsibilities of a guardian are as follows:

• Shelter, food, and clothing as well as safety and protection.
• Medical care.
• Emotional and physical growth.
• Education and any special needs.

Being responsible for the child also means that you may be liable for any intentional damage the child may cause.

When a Guardian is the Right Choice

In determining the need of a guardian, the court will consider many factors. While courts want to keep children with their parents, it isn’t always possible in every case. The court will take into consideration what is best for the child and not what is best for the parents or guardian. The following situations with one or both parents can result in a transfer of the child’s guardianship:

• Serious mental or physical issues.
• Military service that requires going overseas.
• Long jail sentences.
• History of drug or alcohol abuse as well as a history of physical, mental, or emotional abuse of the child.
• Entering a long-term rehab facility.
• The court will also consider any other circumstances that may not allow a parent to properly care for a child.

If you are unsure about how to proceed with guardianship in California, an attorney can help. Contact Stockton California guardian attorney, Erica Bansmer today to learn about your options. Attorney Bansmer has years of experience dealing with guardianship cases and can help you decide on the best way to move forward with your case.

Guardianship of an Estate

The other type of guardianship is becoming a guardian of an estate. This type of guardianship is to manage a child’s income and other property until they turn 18. This type of guardian can be useful if the child inherits a large sum of money or they are somehow making money on their own through acting or some other type of profession. In most cases, the court appoints a parent to the be the guardian of the child’s estate. If the inheritance was from the death of one parent, the surviving parent becomes the guardian of the estate.

The responsibilities of the guardian include:

• Managing the child’s money.
• Making smart investments as well as managing the child’s property effectively.

It is important to have an attorney set up an estate for your child and to represent the guardian. The main reason for the need for an attorney is the fact that the court will hold the guardian to the highest level of responsibility in the law, the fiduciary duty. This duty requires the guardian to follow all the rules and laws about the child’s estate. An attorney can make sure that the estate, as well as the guardian, have protection. A guardianship attorney can make sure that the estate does everything correctly. The fees for the lawyer are paid by the estate, and therefore, the court must approve the attorney so that there is protection for the child.

Guardianship VS. Adoption

Guardianship and adoption are different. Becoming the guardian of a child does not mean that the parent no longer has rights. With a guardianship agreement, a parent can still ask for reasonable contact with the child. The court can also end the guardianship order if the parent becomes able to take care of the child again. Guardians may require court supervision.

In an adoption, the parental rights are terminated, permanently. The legal relationship with the adoptive parents is permanent and is exactly the same as the birth family.  An adopted child inherits property or money from their parents just like they would if they were their birth parents. Lastly, courts do not supervise any adoptive families.

An Attorney Can Help

If you have any guardianship needs, Erica Bansmer can help. She and her team will use their experience with family law to help you become a guardian of a child or an estate. Contact Attorney Bansmer today for a consultation.

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Divorces can be messy especially when it comes to property division. No one wants to give up the assets that they feel are rightfully theirs. However, California uses a fair and reasonable calculation for property division. This article will answer all of your questions regarding property division in California.

What is Marital Property?

California defines marital property as any assets or income the couple acquires during their marriage. Separate property is any property that one of the parties had before the marriage or during the marriage by gift, devise, or bequest. Also, anything one of the parties acquires after the parties separate is not marital property.

The clear distinction between marital and separate property makes most decisions easy on the court. Although, there are some instances that are more complex. For instance, a business that one party owned before the marriage but both parties worked on while married. Another example is a property that belonged to one spouse before the marriage, but both spouses shared during the marriage. You should discuss these more complex issues with your attorney. An attorney can help inform you of all of your options and the best way to proceed.

California Property Division Laws

California family courts consider all property as well as debt distributable. This includes any property and debt that the couple acquires during the marriage. The court assumes that anything the couples acquire during their time together belongs to both of them. For one party to prove that they are the sole owner of a piece of property, they must present evidence to the court. These types of evidence include a deed, title, or written agreement between the two parties.

In a divorce in California, the couple will have a say in the distribution of property. However, if the couple can not reach an agreement, the court will step in. It is best for both parties to make a decision on how to divide marital property without the court’s intervention. This ensures that both parties are happy with the agreement.

California courts will look to make property division even. This means that if one party receives the marital home, then the other party will receive property that has equal value.

The court will treat debt the same as it does property. Any debt that a couple incurs while they are together will be split. Furthermore, any debt that one person incurs for necessities for themselves or children after the end of the marriage can also be split. However, the court will not consider any debts for non-necessities.

What About a Prenup?

A prenup or prenuptial agreement is a contract between the couple that outlines what happens during a divorce. If one of the spouses has a high net worth or property that they want to protect during a divorce, a prenup could be a good option. A prenuptial agreement could effect the division of property during a divorce.

Prenups were once only for the rich and famous. However, in recent years the popularity of prenuptial agreements has grown. These agreements often include morality clauses for things like infidelity. In the absence of an agreement, the couple will have to reach an agreement.

Pensions and Retirement Accounts

You may think that your pension or 401k is safe during your divorce. However, the part that you accumulate during the marriage is community property. California classifies retirement benefits in two categories.

• Defined Contribution Plans: A defined contribution plan is one in which an employee or their employer make defined contributions. While the value constantly fluctuates, it is definable at any moment. Examples of such plans include 401Ks and 403Bs.
• Defined Benefit Plans: These retirement plans are promises by an employer to pay a benefit to an employee at some point in the future. Because the basis for many of these plans is the salary of the employee at the end of their career, it is difficult to calculate a value. In these cases, an expert will have to determine the exact values of the retirement plan. An example of a defined benefit plan is a pension.

There are two options available when it comes to retirement plans. The first is a reservation of jurisdiction. A reservation of jurisdiction will split the benefits when they are paid. The other option is for the spouse who owns the retirement plan to pay the proportionate amount to the non-owner.

Hire an Attorney

As you can see property division in California is no small task. There are many things to consider when distributing property. An attorney can tell you what to expect as well as what would be best for you. Contact Bansmer Law today to learn how we can help.

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Father’s Rights in California

In the state of California, the law protects a father’s rights. Legally, parents have the right to seek child custody as well as visitation. As a father, you have as much right as a mother to apply for child support if you take full custody of your shared child or children. If you do not have full custody, your rights as a father allow you to ask for shared custody or increased visitation.

Don’t let divorce stand in the way of your relationship with your kids. Understand your father’s rights in California.When you do, you can work with your divorce lawyer to come to a harmonious conclusion regarding your custody battle.

“Best Interests” of the Child

In most states, including California, the law seeks a resolution that serves the “bests interests” of the child or children. “Best interests” means that the child’s well-being being must be put first when going into negotiations. The law seeks to protect the children. It aims to foster their happiness, health, security, and development as they grow.

Throughout divorce proceedings, things can get messy. Set the issues between you and your ex-partner aside and go through custody negotiations with the child’s happiness in mind. Typically speaking, it is in the child’s best interest to have a loving, close relationship with both of his or her parents. While divorce makes this more difficult, it is not impossible.

The Importance of a Father

A child needs a father figure in their life. The research behind the report “Fathers and Their Impact on Children’s Well-Being” states:

Dads obviously play a significant role in a child’s life. They develop language and social skills better. Additionally, kids with both parents involved tend to do better in school, have better cognitive capabilities, and can handle stress better. Traditionally the mother takes the role as the most prominent figure in a kid’s life. Today we know both parents need to be supportive and affectionate for the well-being of the child.

Paternity in California

Typically, a child’s parents establish paternity going into a custody case. However, in some instances, California assumes the identity of the father. For instance, if the child is born into a marriage and the mother’s husband is considered the child’s father. Also, if the father has demonstrated an ongoing and caring relationship with the child, despite not being the biological father.

If paternity is not established, there are two ways to do so:

1. Sign a “voluntary declaration of paternity” or VDP
2. Ask the courts for a paternity order

Paternity Orders and Paternity Action Cases

In the state of California, there are several people who may request such an order. This includes the child’s mother and any male who believes he is the father or possible father. Additionally, local child support agencies or adoption agencies may ask for them. However, that is not as relevant in the case of divorce.

In a paternity action case, the law considers children over the age of 12 as a party in the case. Often, the court grants each child a representative, or “guardian at litem.” This person appears in court in to represent the child’s best interests.

A judge has the authority to ask for genetic testing to determine paternity. The court also has the right to order child support, health insurance, visitation, custody, and payment of all court costs, testing, and legal fees.

Child Custody and Visitation

In California, both mother and father have the right to seek custody and visitation. The courts aim to treat both parents equally and grant involvement from both parents. However, if there is some threat to the child’s well-being, the judge has the right to deny custody or visitation from either parent.

In the past, mothers typically received full custody of the children. Today, more and more fathers take on the role of custodial parent while mothers receive visitation. When deciding who is the custodial parent, a judge will look at:

• Each parent’s ability to provide for the child
• The care the child receives when with each parent
• The overall relationship the child has with each parent.

Child Support

If a judge names the father primary custodian of the child, he may order the non-custodian parent to pay child support. The custodial parent has the child for the majority of the time, and they need extra resources to help cover the financial responsibilities. Child support goes towards:

• Living costs
• Educational costs
• Medical costs
• Food
• Clothing
• Etc

A father that is the custodial parent has as much right to ask for child support as a mother. If the mother does not pay, father’s rights say they can seek legal action.

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Social Media and Divorce in the Modern Age

Social media has a significant impact on our modern lives. People young and old connect with each other through platforms like Facebook, Instagram, and Twitter. This interconnectedness changes the way we relate to each other offline as well.

If you are going through a divorce, you may find past social media actions affect the real life proceedings. Modern judges allow attorneys to submit social media posts, photos, screenshots, and text messages as evidence in divorce cases. They are public documents and admissible in a court of law. To protect yourself, avoid these common social media mistakes while going through a divorce.

Stick to Your Story

While going through divorce proceedings, being honest and open regarding your side of the story is very important. It is your responsibility to provide full and frank disclosure to determine a fair financial agreement amongst other issues. If your online presence does not accurately reflect the information you provide in court, your ex-partner can use that against your interests.

For instance, one partner may request alimony to supplement a low income. However, if that same partner posts photos on Instagram of a recent vacation or a fancy new car, these pictures may be submitted as evidence that said partner does not need additional income. Be open and honest about what you need and what you have and make sure your social media presence reflects honestly as well.

Always Consider the Worst Case Scenario

People are smart enough not to post incriminating evidence on Facebook whether or not they are going through a divorce. However, often people find their seemingly innocuous posts thrown in their face as proof against them. Before you post, assume your ex’s lawyer will use that content against you in divorce court.

A photo of you with your kids seems innocent enough– you may even think it shows you value time with your children. However, an errant beer in the background of that same photo may prove to a judge that you are not responsible enough as a parent. This, in turn, affects your paternity case. While this may sound far-fetched, these cases have precedence. Always assume that whatever you post is potentially harmful towards your case.

Choose Your Friends Wisely

Many people unfriend or block their ex-spouse when going through a divorce. Blocking helps protect your posts from being available to them as evidence. While it’s a good idea to do this, it does not prevent them from having access to your profiles.

Often, people will use mutual friends to access an ex-partner’s Facebook or Twitter. If a mutual friend is not available, people have been known to create fake profiles to seek access. In addition to making your profiles private, be very wary of the “friends” you accept. Have no idea who they are? Do not allow them access to your profile.

Stay Civil and Don’t Overshare

Going through a break-up is difficult for everyone involved. While you may feel like taking your negative emotions towards your ex out on your Twitter, you must avoid the temptation. Never post anything that would embarrass you if it was to be read before a judge. Chances are, it will eventually get there and damage your character in the court of law.

You may also feel like writing about your divorce through social media. If you put the information out there, you don’t have to answer questions from nosy friends and family, right? Wrong– divulging information about your divorce proceedings publicly is a terrible idea. Doing this shows you do not take the divorce seriously enough. You want to appear mature and level headed in front of the judge, so don’t overshare like an immature teenager.

Delete Your Account

There was once a time before social media, and we were all fine. Deleting your social media accounts is the most surefire way to prevent yourself from making a mistake that will be used against you. Deleting your account is more effective than any privacy setting available on any platform.

In addition to protecting your image, removing yourself from social media has various other benefits. Quitting social media opens up your life and provides more free time to do the things you love. You stop comparing yourself to others and become happier with yourself. You start to enjoy your surroundings for what they are and stop trying to curate a perfect image. Furthermore, considering social media creates conflict within romantic relationships, deleting your account allows room for a healthier relationship with any future partner.

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Many people are familiar with the term “prenup.” But only a few people fully understand what it means and how it works. A prenup can prevent you from a nasty divorce, and it’s worth looking into one. Learn what a prenup really means and how it can protect you in a divorce.

What is a prenup?

Some happy couples hear the term prenup and cringe. They immediately dismiss it as something for unhappy couples. However, a prenuptial agreement is a smart move for any couple that is soon to be married. To determine if it’s right for you, you need to understand what it means.

A prenuptial agreement is a legal contract that a couple signs before their marriage. The contract discusses what happens with finances in the case of a divorce. In some states, the agreement is known as a premarital agreement or even an antenuptial agreement.

When you work out a prenuptial agreement, you and your partner explain how you will split up your finances if you divorce. This includes details like your separate property, marital debt, and your home. It may say how long a spouse and children can stay in the marital home after a divorce. If you and your partner do ever divorce, you have all of the financial details already determined. This can save you from a long and expensive legal battle.

Although a prenuptial agreement covers all your financial issues, it cannot cover child custody. It goes against public policy to discuss custody or child support in a prenup. For that, you need to go to court. If you and your partner can’t agree on child custody during a divorce, it’s up to the court to decide.

How does it change divorce?

Divorces tend to be long and costly processes. It’s rare to find a couple who can agree on how they want to split up their finances. In fact, most couples argue for years about the terms of their divorce. It drags out the proceedings and is a source of stress for everyone involved.

When you have a prenuptial agreement, you can prevent a drawn out court battle. With your finances already split up, you and your partner have nothing to argue. You don’t leave the decision in the hands of the court or risk losing any property with which you came into the marriage.

Even if you have no ill will towards your partner, it can be difficult to keep track of your finances. You may forget what property was yours before your marriage. Or, you may lose track of whose debt was whose. With a prenuptial agreement, you have a record of everything. You don’t need to remember any of the details. Instead, it’s all recorded in your agreement.

Why do couples get prenuptial agreements?

There are many reasons why couples choose to get prenups. While the ease of divorce is reason enough, here are a few common reasons couples get prenups:

1. There are children in the relationship

When you go into a marriage with children, you may worry about their future. A prenuptial agreement can serve as a guide to what your kids get. Although a prenup is no substitute for a will, it can stipulate what finances your children get if something unfortunate happens to you.

2. Your partner comes from a previous marriage

If you marry someone who comes from a previous marriage, they may have child support payments or property debts. In the event of a divorce, you could end up responsible for some of those debts. A prenuptial agreement can keep you free and clear of those debts.

3. Your partner has much more wealth or debt than you

When there is a big discrepancy between the wealth or debt of two individuals, a prenup is a good idea. The agreement can protect your wealth from your partner. Or, it can prevent you from accumulating your partner’s debt. Your prenuptial agreement protects both you and your partner from either scenario.

4. You or your partner own a business

Whether you are an entrepreneur or a business owner, you need to protect your investments. If you don’t get a prenuptial agreement, your partner could end up with a stake in that business. It’s important to protect yourself and your business with an agreement.

Can a lawyer help you?

Deciding to get a prenuptial agreement may be the best thing for your marriage. To make sure you create an effective prenup, you need a lawyer with experience. They can help you create an agreement that makes your divorce a smooth, painless process.

A prenuptial agreement doesn’t mean you will get a divorce. Even if you don’t get a divorce, the agreement can give you the peace of mind to know that you have protection. It lets you know that no matter what happens, you and your partner are prepared. Regardless of what happens, a lawyer can help you through the process.

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Many people don’t understand what a common law marriage is in California or how it works. But depending on your situation, you may be living in a common law marriage. For this reason, you should have a complete understanding of what common law marriages are and how being in one can affect you. Here’s a guide to everything you should know about California common law marriages. 

What are common law marriages in California?

Every state has different laws regarding common law marriages. Although some states consider this type of marriage to occur when a couple meets only a few parameters, California has strict requirements.  In many states, a common law marriage requires cohabitating with an individual for a set time period. California requires that, as well as many other circumstances.

In general, marriage is quite strict in California. For a couple to marry, they need to go through the legal process of marriage. This involves getting a formal marriage license and following all the requirements by the state. Technically, common law marriage in California in 1895. But common law marriages are still possible in the state.

Here’s where the situation gets a little confusing. Many people argue that a common law marriage goes unrecognized by the state of California. However, that’s not the complete truth. In the state, a formal marriage can’t occur when a man and woman agree to live together. Living together in California isn’t enough for the state to consider a common law marriage. But that’s not to say that California won’t recognize your common law marriage from another state. While California doesn’t recognize common law marriages that occurred in the state, it may recognize common law marriages from other states.

An Example

Consider this example. If you and your partner meet the requirement of common law marriage in another state, California might recognize your marriage. Because every state has different requirements, it’s important that you know your state’s specific requirements. As long as your situation meets them, you have a good chance at California recognizing it as a marriage.

However, there is no guarantee. If you claim that your marriage is common law but your partner says otherwise, the state could choose to ignore it. There are other situations that could cause the state to ignore it as well. For example, you may have a common law marriage recognized by a foreign country. If so, there may be arguments over whether California should honor the laws of that country. It’s up to the court to decide if the state will recognize your marriage.

Living Together in California

Unless you have a common law marriage in another state or country, living together in California isn’t considered a common law marriage. However, that can make things complicated when a relationship ends. Instead of treating it like the end of a marriage, you need to treat it differently. If you share finances with your partner, have property together, or pay debt together, you might have quite a few questions.

First, you need to consider who has rights to the money in a joint checking account. Second, you need to consider who has ownership of the home. Then, you need to think about the specifics of your situation. You may have questions about assets.

If you’re looking for answers to those questions, all you need to do is speak to a lawyer. Your situation is unique. Therefore, it’s impossible to tell how to handle a division of your finances and assets. With the advice of a lawyer, you can get answers to your questions and learn what type of outcome you can expect.

A Better Understanding of the Issue

Common law marriages are murky waters in most states. California doesn’t make the issue much clearer. If you live together with someone in the state and share finances, you don’t have a common law marriage. But that can leave you wondering how to handle the end of your relationship. Without a clear law regarding the issue, there are many unknowns.

Likewise, it can be hard to understand if your common law marriage from another state is valid in California. While the state may choose to recognize some marriages, it may not recognize others. The only real way to know is to speak to a lawyer. The laws on the issue are complex, and it takes someone with experience in family law to understand them. With the help of a lawyer, you can learn more about your situation. He can also stand up for you in court and help you defend your common law marriage. Without a lawyer’s help, you put yourself at the mercy of the court.

As complicated as the law might sound, a great lawyer can explain it to you simply. Don’t try to navigate murky waters on your own. Seek legal counsel and find out everything you need to know.

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Celebrity Divorces 2107

While divorce is a horrible process, having it played over and over in the public eye might make the whole ordeal seem longer and more arduous. However, celebrity divorces serve as a tool to help us remember that they are just like us and go through the same hardships. Here are a few examples that just go to show, it can happen to anyone:

Brad Pitt and Angelina Jolie

Probably one of the most discussed relationships in recent decades, the two have six children. They were together for quite a while before deciding to get married. While they filed for divorce in 2016, the process is still ongoing and even still in negotiations. There are a lot of rumors about what the details are, but there is never anything solid until it’s in writing. This is a celebrity divorce that has garnered a lot of attention, especially with so much secrecy and the involvement of the children.

Chris Pratt and Anna Farris

The couple who appeared to be America’s sweethearts were so happy together. They seemed like the perfect couple who had it all: love, money, great careers, and a beautiful son. But, proving the adage that “nothing is perfect,” the two announced their decision to divorce and have been amicable in the interim. There are plenty of reports of what is wrong with their relationship, but even more about how they are trying to maintain a stronghold on their parenting correlation.

Joanna Krupa and Romain Zago

If you ever thought it models would have it easier, you were wrong. After all, how could anyone leave someone who looks so perfect and makes such a great living? You could ask Joanna Krupa and Romain Zago. The model and one-time reality star are going through a divorce from her nightclub owner husband. The details are a bit fuzzy, but we know that he requested the divorce in December of 2016 and she reports being upset for several days after.

Anthony Weiner And Huma Abedin

In the midst of an incredibly violent campaign, there appeared to be an equally volatile relationship between a politician and the wife he lost to a running candidate. It didn’t help that there was some scandal about inappropriate photos and a possible tryst or two. The congressman is under prosecution for sexting a minor, which may land him two years in jail. Abedin has decided to postpone the final stages of the divorce until after that trial has finished.

Harry and Linda Macklowe

If you ever thought that money could buy you happiness, this would be an example to prove you wrong. After fifty-eight years of marriage, the billionaire realtor’s wife has filed for divorce. Somewhere in there he has not only claimed to be broke and in debt but been denied special treatment from the courts. He says that he is four hundred million dollars in debt, but his soon to be ex-wife says that he is far from that. By all accounts, this celebrity divorce will get messy. The understanding is that the whole mess began when he offered his wife one billion dollars to divorce him. This is so that he has the ability to marry his French girlfriend.

Tarek and Christina El Moussa

The couple that was made famous by Flip or Flop on HGTV has filed for divorce, and there seem to be plenty of reasons why. While there are rumors of infidelity, the reason they are sticking to is communication. Tarek El Moussa has said that with their busy schedules, a lack of communication tore them apart. With cancer and back surgery, he says that there was too much pulling them apart. Since their split, they have both moved on; which has proved a catalyst for cheating fodder.

No matter who you are, what you look like or your financial status; everyone is susceptible to divorce. You want to make sure that you prepare and account for your assets. If you want to read more about celebrity divorces, read here. But, the more important information is how all of this pertains to your life. Celebrity divorces might be the ones that get the attention, but it can happen to anyone. Even without a legal union, there is still a possibility that your assets could be at risk. For more information on what your liability is and what you can do to prevent any loss, start here. Make sure you ask any questions that you can. Be sure to cover all of your bases, before you make any life-changing decisions or say anything that can’t be taken back. If you are sure this is the avenue you want to take, you should also be sure of the person you want to take you there.

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When you and your partner decide that living together isn’t an option, you have two options. You could go straight for the divorce, or you could opt for legal separation. Although you might think that the two options are one-in-the-same, that’s far from the truth. Each choice is very different, and you should consider the implications carefully before you decide.

What is a Legal Separation?

When a legal separation occurs, you get a court contract that makes it possible for you to stay married while you live apart. All of your responsibilities and rights in the marriage remain intact. You may be more familiar with the term trial separation. For many couples, the separation is a way to determine if they should maintain their marriage.

A separation can be a logical step before a divorce. It gives you a chance to see what life might be like without your partner by your side. Additionally, it lets you calm your emotions before you make any big decisions. During a break-up, controlling your emotions can be challenging. The separation is a way to keep yourself calm and in control.

The Typical Requirements

While every legal separation can be different, there are a few basics that usually remain the same.

1. You and your spouse will live in separate residences
2. You and your spouse will remain married
3. If you have children, a court order will define the custody arrangement and child support
4. You and your spouse keep joint property and bank accounts
5. After the separation, you and your spouse can claim rights to any assets you respectively acquired after separating
6. You and your spouse can keep your health benefits and other joint benefits
7. You and your partner can make medical and financial decisions for one another if one is unable
8. If you or your partner dies, each spouse has a right to the assets of the other party
9. You and your partner may be responsible for each other’s debt
10. You or your partner cannot remarry until you divorce

Depending on your contract, there may be other stipulations. However, it’s likely that your contract will share many of these basic requirements.

What is a Divorce?

Like a legal separation, a divorce is also a legally binding agreement. However, a divorce dissolves the marriage completely. After the divorce, you and your partner have no marriage responsibilities to each other.

A divorce is similar to a separation in that it does detail your arrangement. For example, your divorce decree will detail all of the following, as well as any other relevant issues.

1. The amount of alimony you or your partner must pay
2. Your child custody arrangement, including visitation rights
3. The amount of child support payments you or your partner must pay
4. The distribution of property and your shared assets
5. The division of you and your partner’s debt

One of the major attractions of divorce is the ability for you and your partner to remarry. Without a divorce, you won’t be able to marry once again. The divorce completely cuts the ties of your marriage, leaving you free to move on with your life.

Evaluating Your Options

When you have marriage troubles, you need to evaluate your options. Because a legal separation and divorce both require legal agreements, they are binding. Making the wrong decision can leave you in a bad situation. Before you choose a separation or divorce, you should consider the ramifications of each choice.

If you’re uncertain about your future, a legal separation might be a bad option. Once you get a divorce, everything is over. While you can choose to remarry, a divorce is final. On the other hand, a separation can help you decide if a divorce is the right avenue. The time that you spend apart may be enough to help you make a final decision about your marriage.

In some cases, a divorce might be the better option. If you have no doubts that your marriage is over, divorce may be the best choice. Going through a separation can drag out the inevitable. It can also cost you time and money. However, going straight for the divorce can speed up the process.

Doing Your Research

Before you make your choice, you should look into your state’s laws regarding separation. In some states, legal separation is not an option. You might be able to make your own separation agreement, but the court won’t do it for you. In other states, you must have a period of separation before you get a divorce. Be sure to do your research, and then base your decision on your state’s laws.

If you have any questions about your state’s requirements, you can contact a local lawyer. He can help you learn all about your state’s laws. Additionally, he can help you determine the best course of action. Making the right decision can make your life much easier.

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When divorce occurs, people often discuss a father and mother’s rights to visit a child. However, grandparents visitation is less discussed. Many grandparents don’t realize that they have rights to see their grandchildren. Learn what rights a grandparent has to her grandchildren in California.

When Can You File for Grandparents Visitation Rights?

When a couple divorces, the divorce agreement doesn’t often include anything about grandparents visitation. This could result in a child being kept from his grandparents. In California, there are ways to prevent this from happening. You can file for visitation. However, you first must prove a couple of key points.

First, you need to show that there was a prior relationship between you and your grandchild. There needs to have been a strong bond that was hurt by the divorce. Additionally, that bond needs to be in the best interest of the grandchild.

Secondly, you need to show that the visitation would balance the best interest of the grandchild with the parent’s rights. If the visitation violates the parent’s rights to make decisions for the child, the court could deny your request.

Married Couples and Grandparent Visitation

Although most grandparents file for visitation after their own child goes through a divorce, this isn’t always the case. Some grandparents visitation cases occur when their child is still married. In such cases, one of the following needs to be true:

• The parents do not live together
• One parent cannot be found for at least one month
• One parent joins the grandparents visitation request
• The grandchild does not live with his parents
• A stepparent adopted the grandchild

There may be other exceptions. However, it’s up to a court to decide if the exception is valid. And if the circumstances change, the parents can go to court and ask to end the visitation rights.

How Do You File for Visitation?

Filing for grandparent visitation is a difficult process. You need to file a petition in court. However, this process is more difficult than it sounds. If there’s an open court case, you might be able to request visitation under that case. An open court case could be a divorce case or a child support case. By filing under an open case, you can make your life a little easier. Otherwise, you need to start a new case and file a new petition.

Filling out the paperwork is no easy task. Because there are no official court forms, you might have trouble with the paperwork. Some courts offer local forms or a template that makes the process easier. However, you may need to go to a lawyer for help. Without official paperwork, you can face many challenges in the filing process. Turning to a lawyer can save you from making a mistake that jeopardizes your case.

A few important details to include in your paperwork are the following:

• The ideal visitation schedule for you and your grandchild
• Your relationship with your grandchild
• Why your grandchild would benefit from visitation with you
• Any important details about the relationship between you and your grandchild

After the Paperwork

Once the paperwork is complete, you should have someone review your paperwork. Additionally, you should make copies of it. Then, you can take it to the court clerk and file the paperwork. There is a filing fee for the process.

The court clerk could give you a mediation date. In some cases, you might need to meet with a mediator and your grandchild’s parents before you can go to court. You should also get a court date. Before the court date, you need to serve the parents of your grandchild with the papers. When the court date comes, the judge will make the final decision about your grandparents visitation.

What Type of Visitation Schedules Does the Court Support?

There is no standard visitation schedule that California courts support. Instead, it is on a case-by-case basis. The one requirement is that the schedule is reasonable. If it is too inconvenient or demanding, it’s unlikely that the court will approve it. The schedule needs to be reasonable for everyone- this includes the parents and the child.

Are There Other Ways to Get Visitation?

You might not have to go through the court system to get visitation of your grandchild. In some cases, the involved parties can come to an agreement outside of court. While you can do this without the presence of lawyers, using lawyers makes the process easier. You might be able to negotiate an arrangement that works well for everyone without a messy court battle.

There’s also the issue of raising your grandchildren. However, that is an entirely different issue. Known as guardianship, this is a separate process. Guardianship occurs when you grandchild has parents who cannot take care of the child. The process is very different from visitation.

If grandparents visitation is something that you want, you deserve help. While California does offer visitation rights to grandparents, it is a difficult process.

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Deciding to file for Chapter 11 bankruptcy is a major business decision. Before you decide to file for bankruptcy, there are a few things that you should know. Use the Chapter 11 bankruptcy FAQ to answer any questions that you may have about the process.

What is Chapter 11 Bankruptcy?

There are many different codes for bankruptcy in the US. Chapter 11 Bankruptcy allows for the reorganization of a corporation or business. While Chapter 11 isn’t limited to corporations and businesses, those are the two most common types of organizations that file. Individuals and businesses can also file for Chapter 11.

In this type of bankruptcy, a debtor comes up with a plan to keep the doors of his business open. There must also be a plan to pay off all creditors over a certain time period. If you want a way to maintain your business and get out of debt, Chapter 11 bankruptcy may be the best option for you.

What are the requirements for filing?

There are a few strict requirements that you need to meet before filing for Chapter 11. Here are some of the most important criteria for filing:

1. Must not have a prior bankruptcy petition that was dismissed in the last 180 days

If you filed a previous bankruptcy petition, you could still be eligible to file for Chapter 11. However, filing a petition that the court dismissed 180 days before you file again could exclude you. If the court dismissed the petition based on your failure to show up at court, it is grounds for exclusion. Likewise, you cannot file if the court dismissed your prior petition for your inability to stick to the court’s orders. Any of these actions could keep you from filing a successful Chapter 11. However, if you wait until the 180 days pass, you can file.

2. You had credit counseling from an approved agency in the past 180 days

Deciding to undergo Chapter 11 bankruptcy is a life-changing decision. For that reason, the court wants you to know what you’re getting yourself into. You need to have credit counseling from a credit counseling agency of which the court approves. This counseling can come to you either as an individual or as a group.

Of course, the court wants you to have recent knowledge about your financial options. To ensure this, they mandate that the counseling occurs within 180 days of filing for bankruptcy.

There is a slight exception to this rule. If you are in an emergency situation, the court could choose to ignore this requirement. For this to occur, the US trustee needs to decide that there aren’t any acceptable agencies available to give you counseling.

3. Must file a debt management plan with the court

During your mandatory credit counseling session, it is likely that you will create a debt management plan. If you do, then you need to file it with the court. If a debt management plan is developed during required credit counseling, it must be filed with the court. It’s an important part of the bankruptcy process.

What do you need to file?

As you might expect, there is a lot of paperwork involved in Chapter 11 Bankruptcy filing. As the debtor, you need to file all of the following paperwork. Keep in mind that the court could order you to file more or less paperwork. This is a general guideline. If the court says otherwise, then adhere to what they request.

1. A schedule of all your assets and liabilities
2. A schedule of all your current revenue. Include all income and spending on your report.
3. A schedule of all your executory contracts and current leases. However, you do not need to include any leases that already expired
4. A statement of your financial affairs

If you file as an individual, there are even more details that you need to file. In addition to the above, you also need to file all of the following:

1. A certificate of your credit counseling
2. A copy of your debt repayment plan (one that you made in credit counseling)
3. Proof of payment in the last 60 days from your current employers. If you don’t have any employer, then you can skip this detail.
4. A statement of your net monthly income
5.  Plans of  your future income and expenses
6. A statement of interest from any federal or state education or tuition account

What role does the trustee play?

In your Chapter 11 Bankruptcy, a US trustee is key. The trustee monitors your case and makes sure everything goes the way it should. After you file for bankruptcy, the trustee monitors your business. He makes sure that business is running as it should be and that you report your reports and fees in a timely manner.

The US trustee is the one who conducts creditor meetings. In a Chapter 11 case, your creditors all meet with you. They can ask you any related questions, and you need to answer those questions under oath. The trustee is the one responsible for that meeting.

Finally, a trustee could require you to do certain things. For example, he may require you to report your monthly income and expenses.

There are many more important details that relate to bankruptcy. Speak to an experienced lawyer for answers to your questions.

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Divorces can be incredibly complicated, and the division of assets can be the most painful part. Chances are that if something is valuable to you, it will also have some value to your spouse. There is also the fact that dissolving a marriage is an emotional thing that can turn the division of assets into a game of revenge. Knowing what you are entitled to is essential. It may also help you talk to your attorney about what you want to keep and how you can go about achieving that goal.

Division of Assets

Division of assets can be the most difficult part of a divorce. This is especially true if there is a house or rental property involved. The same is also true of stock, compensation, brokerage accounts, businesses, and licenses. But, a divorce that turns into a battle can become that much more of a complication.
While the monetary value of items is needed during this process, that isn’t the only thing to think about. There is also a certain amount of consideration for how the asset will play out for in the future and pertaining to both your goals for then and now. You want to think about the cost, taxes, and liquidity of all assets.

Separate Property

Separate Property is specified according to your state’s laws, so the actual definition and parameters may be different. However, the generally accepted concepts are:

Property

Property that either spouse owned before the marriage. Chances are that if you owned the house prior to the marriage, you will own it after. If you came into the marriage with a Tiffany Lampshade, you will likely walk out with it. The property must have documentation showing that it is yours and the date you acquired it.

Inheritance

The inheritance that either spouse received. Regardless of whether you were married while an inheritance was received, it is very rare that you are made to part with it. If you suffered a loss and were left a gift as a result, you will keep it during and after the divorce. This can be shown in the documentation that named you the person to acquire the inheritance.

Gifts

Again, if someone gave you something, it doesn’t matter whether they are your spouse or not. You received the gift, you will keep it. If you received it as a couple, that is a different story. That becomes marital property. But, if your mother gives you her ring that is yours. If your spouse receives a vintage car from his dad, that remains his.

Settlements

Payment received for a settlement. If you personally received money from personal injury, you will keep it. It is a payout to you and something that you receive for your pain and suffering, which is not necessarily your spouse’s as well. Since the settlement is a way to pay for any medical costs, injuries, or counseling needs, you keep it.

Sole Possession

The title is the same. If you have a car or a home, it is yours and in your name. However, if you retitle the document to share it with your spouse it becomes marital property. It is now something that belongs to both parties through the marriage. This happens very often with bank accounts. A checking or savings account that was yours, but you change to a joint checking with your spouse, is now marital property. Any account that is only in your name from before the marriage and stays that way after it, remains yours to keep.

Marital Property

Usually, any property that the couples acquire during the marriage is marital property. In these cases, it doesn’t matter who owns the property or how the documents show the title. This means that if your spouse acquires assets during the marriage, you could receive a portion of them during the divorce. They were acquired during the marriage, and the court will decide how they are divided. The division of assets is never an easy thing. Someone will always lose in this game.

Remember that state laws vary in the division of assets. You will want to be sure you speak with someone who not only has experience in divorces but the financial side of those things as well. They will be able to let you know, with certainty, what is marital property and what is not. They will also be able to talk to you about what you may or may not get to keep after the divorce. This isn’t something you want to just take anyone’s word on. It requires a firm understanding of the law. You want someone who has experience with the division of assets to explain it to you. Their years of experience will work for you. You can start your search here.

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The Violence Against Women Act of 1994 was the first federal legislation that offered assistance for violence against women. It was the first in a series of bills that reauthorized protection for women who felt like they had to put up with sexual assault and stalking, with no retribution. But, where did it begin and how has it come along? Violence against women is becoming a topic receiving more attention. Therefore, it can be helpful to know what it is all about.

What is the Violence Against Women Act?

In 1994, Congress passed the Violence Against Women Act as a part of the Violent Crime Control Act. These provisions and protections extended and underwent improvements to become the Violence Against Women Act of 2000. Legislatures made another revision in 2005.

The 1994 bill was the first federal legislative package that was intended to end the violence against women. It was also a tick in the wins for lobbyers of federal protections, where states had previously failed women in the past. While some efforts were made on a state level, they had all failed to address the violence that was evident and becoming a problem. The VAWA efforts advocated were in matters such as rape prevention, battery counseling, and assistance, evidentiary support and funding for victims services. Now there was a federal criminal law that prohibited battering and required that every state afford orders of protection issued.

History of The Violence Against Women Act of 1994

The 1994 version of VAWA started in 1990 as Vice President Joe Biden submitted the initiative to Congress. It would be the first of its kind and became a starting point for the national conversation that needed to be had about preventing violence against women and offering them services and support. The staff of the Senate Judiciary Committee, Legal Momentum (then NOW Legal Defense and Education Fund) rallied organizations together with experts in the Task Force on the Violence Against Women Act. They later became known as the National Task Force to End Sexual and Domestic Violence. This taskforce still works to reauthorize the VAWA legislation.

Violence Against Women Act Controversy

The 1994 bill took four years to pass, because of some controversy with one of the provisions. It was a private civil rights remedy that allowed victims of gender-based violence to sue those who attacked them. Chief Justice William Rehnquist led the opposition to the bill, for just this reason. He argued that the remedy would bring an onslaught of disputes into courts and add weight to an already burdened judicial system. He had support from several judicial organizations in this view.

The National Association of Women Judges was the only supporter of the judicial organization communities. They joined the Senate Judiciary Committee and Legal Momentum to clarify the language to bring a compromise to the provision of the remedy. After drafts were proposed and advocates showed dedication, the bill passed with the civil rights remedy and the majority of the Task Force’s requirements. The bill passed with two hundred and twenty-six bipartisan sponsors in the House and sixty-eight supporters in the Senate. You can read more about it here (https://www.legalmomentum.org/history-vawa).

VAWA vs. Assault Charge

The Violence Against Women Act offers protection for victims of rape, stalking, and gender-based assault. This is somewhat different from a general assault charge, which tends to be something that stems from a fight or altercation. While both may simultaneously apply, neither is tied to the other. The act is not just a law that provides clarification of charges and protection from the attacker. It is also legislation that stipulates funding and services for victims.

These protections were put in place because they were needed. If they are provisions that you need, you should use them. That is what they are there for. You do not have to feel like a victim or you are alone. There are plenty of ways for you to get the support you need. Whether you need someone to stand up for you in court or just need to know what options are available to you, there are answers to all of your questions and they aren’t hard to find. You do not want to put up with violence, in any shape or form and you do not have to.

There are plenty of places for you to go and even more ways for you to get out of that situation. The legal system has put laws in place to make sure of that. Now, you just have to take a leap forward to use them. Don’t be afraid, you can be honest and open. You can start your research here.

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Child custody cases depend on a number of important factors. One of those factors is the child endangerment history of both parents. If you or the other parent have a history of endangerment, then you could lose your custody rights. Find out how your history of child endangerment can impact your custody case.

How Does Endangerment Impact Child Custody?

During child custody hearings, a judge makes many important considerations. For one, she needs to consider the bond between a child and a parent. Additionally, she needs to decide what is in the best interest of the child. However, much of the judge’s decision relies on past behavior of each parent. And if your past behavior resulted in child endangerment, then you may have a problem.

Child endangerment occurs when you knowingly put your child in harm’s way. It does not matter whether the harm is physical or mental. Whether negligence or recklessness was the cause of endangerment, an individual could face charges. Endangerment comes in many forms. For example, it could be something minor, like leaving a child unattended. However, it could be something more serious, like driving drunk with a child in your car.

Although child endangerment charges vary in severity, the court always takes them seriously. If you have a past child endangerment charge, then a judge will hold it against you in your battle for custody rights.

Why Does it Matter?

Children depend on their parents for everything. If you can’t keep your child safe from harm, then a judge might think that you are unsafe to be a parent. Even one endangerment incident is enough for her to believe that you might be unfit to be a parent. In a custody case, a judge needs to decide what is best for a child based on the information that she has about the parents. If that information points to you being an unfit parent, then she will take it into consideration.

Of course, child endangerment doesn’t always make you an unfit parent. Sometimes, you are a victim of circumstance. Although a judge might look into the situation surrounding your charges, it might not make a difference. The judge could still decide to deny you basic custody rights. It depends on the judge, your lawyer, and the fitness of the other parent.

What Could Happen?

If a judge believes that your endangerment charges are less serious, she may still choose to take away some custody rights. Instead of completely taking away your rights, she could do the following:

• Reduce the amount of visitation hours that you get
• Prevent you from getting any overnight visits with your child
• Only allow you to have supervised visitation. In this case, a third-party would monitor every one of your visits

The amount of restrictions that you face depend on many other factors. However, these restrictions are only common in minor endangerment charges. If your charge was a serious offense, then the judge could choose to withhold all of your rights as a parent.

As with many other issues, judges have a great deal of flexibility when it comes to making a decision. There is no set standard for behavior. While judges need to adhere to rules and regulations, they don’t have to rely on a set protocol for making a ruling. For example, one judge might believe that child endangerment of any kind is unacceptable. If he feels that way, then he could choose to withhold all of your rights as a parent. Meanwhile, another judge could have a different opinion. She could believe that child endangerment does not mean that you should lose your rights. Instead of withholding them all, she might offer you supervised visitation.

The only way to know what could happen in your custody case is to speak to a lawyer. When your lawyer assesses your case, he can tell you about the possible outcomes. He can also come up with a strategy to get you the best possible outcome. Without getting expert legal advice, there is no way for you to know what to expect in court.

Fighting for Your Custody Rights

If you have a history of child endangerment, then you need to fight hard for your custody rights. Even a minor incident is enough for a judge to limit your rights. When you go to court, a judge will take the incident very seriously. You need an experienced lawyer to stand up for you in court.

Your child endangerment history might not be a reason to deny you custody rights. After all, everyone makes mistakes. If your charges were a misunderstanding or a genuine mistake, then you deserve a second chance. A lawyer can explain the situation to a judge. He might be able to get you the custody agreement that you want. However, it’s not easy. Contact a lawyer today to find out what he can do for you.

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Child support disputes can get messy. Nobody wins in these cases, but they are necessary. The well being of the child is the court’s only focus in these cases, so it can become an all-out war very quickly. This is why the attorney that you choose makes all of the difference. They need to be someone who can best represent you, as your voice to the court. Having a good lawyer is not something to take lightly.

Child Support

Child support is calculated by a formula which is different for some states. But, generally, they take into consideration how much time the minor spends with each parent and their income. This means that a man who used to support his family and makes more than his ex-wife will likely pay more in child support if their children spend more time with the mother or she has custody. However, because gender has no role in the determination, the inverse may also be true. And we are starting to see this more and more with moms who want to work and dads who are ok staying home.

Once the dissolution of the marriage is final, there is still some accounting for those lifestyles. While child support disputes are necessary and messy, they tend to be as neutral as the courts can make them. For everyone involved, but with the child in mind.

Child Support Disputes: A Good Lawyer

Having a good lawyer can win your case, regardless of the side, you are on. They will know the laws that apply to your case and the boundaries of those laws. This can mean that they can manipulate the wording to their advantage. You may think that you are going to lose your case, but a good lawyer can win it for you. This is because they use their years of experience and knowledge of the law in your favor. Child support disputes are very complicated and not just anyone can try them. And you surely don’t want to take the chance of representing yourself. There are so many procedures and a vast lexicon of terminology. It is a focus of the law that you need a professional in.

Child Support Disputes: A Bad Lawyer

Just like having a good lawyer can win your case, a bad one can lose it. If you pick just any lawyer, they may not be familiar with child support disputes. They won’t have the experience of seeing different tactics and strategies play out. It is also incredibly unlikely that they will understand the laws involved and their limitations. If they don’t take the time to understand you and your case, it won’t go well. And without experience in this focus of the law, they won’t know what questions to ask you. They won’t know what information they need to give your case the view that it needs. And ultimately, how your case appears to the court is what is going to win or lose the case for you.

Child Support Disputes: How Your Lawyer Impacts the case

Your lawyer is your voice in the courtroom. The courts will assume that they speak for you and in your interest. whether you have one with experience in child support disputes or not can be the difference between winning your case and losing it. This is not the kind of case you want to take chances with, the stakes are far too high. That is because this is more than just a case and it is more important than winning or losing. It is the welfare of a child; your child. Your attorney needs to be one who knows what they are doing and has done it before, with a winning track record. You can start your search here.

You may be asked to retain your lawyer, depending on the lawyer and how they bill. This is not uncommon, but there also tend to be other options for payment. It is possible that you will need to provide your W2 and almost certain that you will need to provide some sort of proof of income.

These are all things you will want to discuss with your lawyer. They will be able to tell you precisely the documents that are needed and what, if anything, can help your case. That means that they will also be able to give you an idea of what your case looks like and how they think it will turn out. You can read more about child support disputes here. This will give you an idea of what to expect and a few facets that will play into your case. It will also give you some ideas of questions for your lawyer. If you are going to pay them to represent you, you might as well get all of your questions answered.

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