How to Survive Divorce For Men Los Angeles Divorce Attorney David Pisarra
Hey guys david pisarra, here with mensfamilylaw.Today i’m coming to you from lake chapala mexico.It’s the last day of my 3 week vacation in 2012.What i want to talk to you today about stress management because it’s been on my mind a lot.When you’re going through a divorce and child custody cases it’s a very very stressful time, not just for the lawyers but also for the participants.You’re going through something that probably the most damaging thing you’ve ever had to go through emotionally.And let’s.
Face it as guys we’re not really good at dealing with our emotions, frankly we don’t even like to admit we have them.But we have three things we need to take care our mind, our body and our spirit.Our mind has to do with the thoughts we’re thinking.If we’re going through a divorce or breakup, sometimes a child custody battle, a lot of times we tend to have negative thinking i’m not good enough, why’d this happen to me but i what i want you to do is put that.
On the back burner, acknowledge it happened and remember that studies show a year from now, you’re probably going to be happier than you’ve ever been.Secondly, body.Honestly if you’re going through a really stressful period, a cheeseburger and a chocolate shake will do a world of good to change your outlook, but also remember you’ve gotta exercise on a regular basis and burn off some of that stress and energy.Now when it comes to spirit.Let’s take a look at what we can do to make our lives better.
When we’re going through a really stressful period.This is when we start applying things like gratitude lists, list three things or five things or ten things that are going right in your life that’ll make you feel better.Those are my tips for stress management when you’re going through a divorce or child custody case.If you’ve got other questions and want to talk to me about, please feel free to call me the website is below it’s mensfamilylaw and you can always call me at 3106649969.I’m david pisarra a divorce and child custody lawyer in santa monica california coming to.
Does Mom Always Get Custody of the Kids Anderson South Carolina Divorce Attorney 8642267222
Do mothers automatically get custody of their children does a mother have to be a bad mother for a father to win custody these are questions i get asked a lot.Hi, my name is nancy jo thomas, and i’m a family court lawyer, and i’ve been practicing in anderson, south carolina for over 20 years now.The bottom line is no, neither parent has any legal preference where the court is concerned.Just by societal norms, typically, mothers do more in terms of being actively involved with their children on.
A daily basis.Dads go out and earn a living, mom stays at home with the kids, but that’s becoming less and less prevalent.There are very few families anymore where mothers stay at home all day, and measure the time both parents work.I have a lot of clients where the parents work different shifts.Mom takes care of the kids during the day, while dad works.Mom works at night, and dad takes care of the kids at night.So oftentimes parents start out in a custody case on absolutely equal footing.And in those situations you try to fashion a.
Fresno Divorce Lawyer Divorce Attorney Fresno California 559 8921278
Going through a divorce can be tough you may be fighting over financial assets or even over the custody of your children your choice of an attorney can make the difference between winning and losing the law office of rick banks has over 13 years experience and has handled 100 that divorce cases rick is also the author at the amazon number one bestselling book win your divorce financially emotionally and socially they are known for their aggressive representation and excellent client services call the law office a rick banks at.
5593740959 or log onto their website at rickbankslaw then click on the link for a free copy of their california divorce and family law guide where you will find tons a valuable tips and information such as the seven most common divorce myths how to increase your chances at winning your case how to resolve your divorce with minimal stress and less expense how to pick a qualified divorce lawyer and find out why you may not even need a divorce attorney at all you find all this information and lots more in this free guide.
Child Custody Myths Explained
One of the biggest misconceptions in english law is the notion of custody.So, unlike in many countries, we don’t have custody in england.We separate out parental rights and the issue of a child’s care.So, you have parental responsibility, which is the decisionmaking powers in relation to a child the right to be informed and consulted about key aspects of the child’s upbringing and then you have the residence and contact arrangements, as it’s known, which is obviously how a child’s time is divided.A lot of people wrongly assume that the more time a child spends with a parent.
The greater their decisionmaking powers, and the greater their parental responsibility in contrast to the other parent.That’s not the case at all and even on very unequal care arrangements if both parents have got parental responsibilty in the eyes of the law they’re equal and their decisionmaking powers are equal.A lot of people wrongly believe that if the child lives with them they can do what they want without reference to the other parent.So that can include changing schools, and also going on holiday is a very common issue that comes up.
A lot of nonresident parents wrongly believe that they don’t have the right to take a child on holiday and often a lot of resident parents believe conversely that they can.In law, if both parents have got parental responsibility then they need the consent of the other to go outside the country for a holiday unless they have what used to be known as a residence order, which is now a child arrangements order, in their favour in which case they can go on holiday for up to 28 days without the consent of the other.
So long as that’s not overriding a provision within the order whereby the child needs to be spending time with the other parent within that window of time.There is no such thing as a standard arrangement for the care of children.Each individual case is always looked at on its own merit so for some families, an arrangement where, for example, a child lives with one parent during the week and sees the other parent every other weekend might be a perfect arrangement.For other families that’s not going to work at all.
And something like a shared care arrangement whether that be exactly 5050, or just a high amount of time in both households may work a lot better.Each case will always be looked at on its individual merits, looking at what the child’s particular needs are and what the care that each parent can give.So a lot of people sometimes don’t put forward suggestions that they think would work because they think that they are constrained by this normal ‘standard arrangement’ but in reality that hasn’t existed for many years.
2 QUESTIONS EVERY MAN ASKS IN A DIVORCE ANSWERED BY LOS ANGELES DIVORCE AND CHILD CUSTODY LAWYER
Do you know the two most common questions that a mans asks in a divorce lawyer’s office i do and i’m gonna share them with you.My name is david pisarra, i’m a divorce and child custody lawyer in los angeles california.I represent men.When they come into my office they generally sit down and the say the same thing, i want out, it’s over.What’s it gonna cost me how long is it gonna take what’s it gonna cost me is a hard question for me to answer because oftentimes i won’t.
Know until we really get into it and figure out is this going to be one of those simple divorces or is it going to be very long drawn out ugly, very expensive divorces the easier question is how long is it going to take most divorces take, on average 12 months from the time we file to the time we’re actually at judgment.Why am i telling you all this because i answer questions like this all day long.Feel free to call me at 310 664 9969 or if you want go to my website, mensfamilylaw theres.
A Guide to Children Law What happens to the Children during a Divorce or Separation
It’s a sad fact that on average 42 percent of marriages end up in divorce and the main victims are the children.Today we are going to discuss various scenarios covering the law relating to the children of the family, and with me today is karis wookey, a solicitor in howells and a specialist in children law.Karis, we’re now going to run through a few scenarios covering parental responsibility.For my first example, a couple marries in 2000.They have a 10yearold son and a 6yearold daughter and twelve years later the parties separated.
What is a typical arrangement for the children ideally, parents will come to an agreement at this point regarding where the children live and how much time the children spend with each parent.But what if they can’t agree with these arrangements there are circumstances where the mother would not agree to arrangement whereby the children would spend equal time with both parents.Say, for example, if her child benefits were reduced, if father formed a new relationship with another partner, or she may just be unreasonable.So what can he do, if his ex partner decides to reduce contact with his children.
The first port of call is to seek legal advice.Here at howells, we offer a 30 minute free consultation with a specialist solicitor.And there is no pressure to proceed after the initial interview no, there’s no pressure whatsoever to proceed and of course will be no costs involved.In our case study, the father has parental responsibility as he is married to the child’s mother so he would be responsible for looking after the child, providing a secure and stable home environment, choosing educational needs and appropriate schools, choosing the child’s name and consenting to any change of name,.
And agreeing to medical treatment.These are just a few examples of what having parental responsibility means.What would the first step be for the father to reinstate the original agreement or to gain more access to his children firstly, we would need to write to the mother setting out his proposals and requesting the previous arrangement be reinstated immediately.We would request the response from mother within 14 days and suggest that she seeks independent legal advice if she’s unsure about the contents.So is the best case scenario that the mother.
Responds and reinstates the previous arrangement yes, but if this doesn’t occur or if she fails to respond then we would refer the matter to mediation.As of the 22nd april 2014 prior to making any application to court, a mediation intake assessment meeting known as miams needs to have taken place.There are however some exemptions to this, such as domestic violence.Mediators are trained to help resolve a number of issues including children disputes.Who pays for this mediation if one party is eligible for legal help then this will cover both parties.However, generally.
It is the person making the referral to mediation that will bear the expense usually ranging from 75 to 150 pounds plus vat.If further sessions are required, then the fees will increase and these should generally be split equally between the parties.And what if mediation is unsuccessful if mediation is deemed unsuccessful or unsuitable and no agreement can be reached, the next stage would be submitting an application to court, for a child arrangement order.This order would define where the children live and who they spend time with.
Our last case study featured a married couple.Let’s discuss our next case study where the couple aren’t married.Does the father have parental responsibility for the children the law changed on the 1st december 2003.Prior to that even if a father is named on the birth certificate, if he is not married to the child’s mother then he does not acquire parental responsibility.After the 1st december 2003, if the father is named on the birth certificate, he does acquire parental responsibility.So how does a father acquire parental responsibility.
One option is for father and mother to sign a parental responsibility agreement.This needs to be taken to the local family court and then lodged at the principal registry of the family division.The father will then acquire parental responsibility.But what if the mother refuses to sign the agreement then we would help the father to make an application to the court for a parental responsibility order.In addition, we could also decide at this stage whether an application needs to be made to the court for a child arrangement order.
How would the child arrangement order be judged this depends on each individual case and the age of the children.However, the court will need to consider the welfare checklist which explains that the children’s welfare is the paramount consideration.The court will also consider a number of factors and during the course of proceedings it is likely that parties will need to file statements setting out their case.How about if domestic violence has occurred during the course of the relationship say if the husband or partner was the perpetrator.Does this change matters in terms of funding.
And the courts stance if the father has been violent towards the mother and he has been either cautioned, convicted or released on police bail within the last 24 months then the mother can technically be eligible for legal aid, dependent upon means also.Alternatively, if social services have become involved as a result of domestic violence and they’ve held a multi agency risk assessment conference the mother may also be eligible.Are there any other circumstances where a mother may qualify for legal aid yes, if mother has attended a health professional and they’ve confirmed.
In writing that she’s attended as a victim of domestic violence then she could also be eligible for legal aid.Additionally, if she’s attended a refuge or an association such as women’s aid to seek help and assistance in respect of domestic violence, she could also be eligible.Finally, the court will want to ensure that the children are safe in father’s care and protected from any domestic abuse.Thank you karis, for some excellent advice.If you think that you would benefit from a free 30 minute initial consultation then please go to.