The Most Common Questions About Child Custody

When you’re involved in a divorce and you have children, the experience can be more emotionally taxing for everyone involved. If you are curious about the questions that are most commonly asked in a child custody hearing, read on to see a few.

What is The Difference Between Physical and Legal Custody?

This first question is important as each term has a different connotation. Physical custody is simply where the child lives, so parents can have shared physical custody by splitting time spent with the child, for instance. Legal custody, on the other hand, is the legal ability to make important decisions on your child’s behalf, such as where they will go to school, and what religion they will practice.

How Do The Courts Determine Who Will Get Child Custody?

While this is sometimes an outcome, the courts don’t like to make the decision, rather preferring for the parents to work together and come to an agreement. This could be by themselves or with the help of a mediator, a failure to which the court will make a decision based on the best interests of the child. To do this, they will consider the financial, mental, and physical status of each parent, the home environment offered by each parent, and the child’s personal preference if he or she is at least 12 years of age. In slightly more than 51% of child custody decisions, both parents come to an agreement for the mother to be the custodial parent, and in these cases, there is an easier ending to the case.

Should I Hire a Child Custody Lawyer?

In most cases, this is not necessary because a custody agreement can be worked on between the parents. There are some situations, however, that call for hiring a lawyer, and these include when one parent wants to get full custody against the wishes of the other parent, one parent is relocating or remarrying, or one parent has no faith in the abilities of the other parent as a custodian of the child.

The matter of a child’s custody is a sensitive one, and while no parent wants to be told they cannot have custody, it is important to do what is best for the child in the end. If there is a solution that will end the matter amicably, it is best to agree to it and avoid further stressing all parties.

3 Reasons Why You Should Seek the Services of Bankruptcy Lawyers

When you’re going through difficult situations in life like filing bankruptcy, it’s possible to get overwhelmed and not think on your feet. Additionally, you may not know when to file bankruptcy and whether to file chapter 7 bankruptcy or chapter 13 bankruptcy. Good thing you can hire bankruptcy lawyers to walk you through the process.

Here’s why you should seek the services of a bankruptcy attorney.

1. Professional Representation

Bankruptcy lawyers are experienced and know the processes involved in filing bankruptcy. Although it is possible to undertake the bankruptcy process on your own, you may miss some important details that will delay the process further. Worse still, you may commit unintentional bankruptcy fraud, which would land you in jail or attract hefty court fines. When you’re already financially distressed, you want to avoid any legal mess that might worsen your situation.

A good bankruptcy attorney in Bismarck, ND, and other cities will help you avail all the bankruptcy documents needed. These documents include paycheck stubs for the last six months, your credit card report, and your most recent federal income tax returns. There is a lot of paperwork involved and you can easily get confused, especially if it’s your first time filing bankruptcy. However, bankruptcy lawyers will provide proper guidance to ensure that you fill all the forms as required by the law.

2. Your Bankruptcy Attorney Will Deal With Your Creditors

Before you get to filing bankruptcy, you have probably had a tough time dealing with creditors. You may have already received multiple default notices and constant calls or emails from your creditors. This can make you more frustrated and add to the distress you are already undergoing. When you hire a bankruptcy lawyer, you won’t have to go through these demoralizing situations because your attorney will take over correspondence.

Once you get bankruptcy lawyers on board, they‘ll contact your creditors and explain what you’re going through. This way, the creditors will stop calling you directly, and this will give you more peace of mind to enable you to get back on your feet. If you still receive calls from your creditors, you can direct them to your attorney. At the end of the day, when you’re in a bankruptcy situation, what you need most is time and peace to work on your financial distress and turn around your situation.

3. Bankruptcy Lawyers Will Get You Better Repayment Terms

If you file chapter 13 bankruptcy, you negotiate new repayment terms with your creditors over a certain period. If you don’t have enough financial and legal knowledge, you may end up agreeing to worse terms that may compound your money problems. This happens because you’ll most likely renegotiate your loan terms under pressure. However, your bankruptcy attorneys will get you better repayment terms because they have the required financial and legal knowledge involved in planning debt repayment terms.

If you’re considering filing chapter 7 bankruptcy, your attorney will help you pursue other alternatives like filing a petition under chapter 11 or chapter 13. When chapter 7 is the only alternative, bankruptcy lawyers will advise you on what properties to liquidate. Your lawyer will have your back so that creditors don’t liquidate even your exempt property. Your creditors will most likely hire lawyers who will try to recover as much debt as they can. In such a case, you may end up losing all your property to your creditors, and have to start at ground zero again. A good bankruptcy attorney will prevent such scenarios.

Certain situations like divorce, filing bankruptcy, and estate planning require you to seek expert knowledge to avoid making common errors and mistakes. Sadly, most Americans often fail to seek representation and end up having negative outcomes. For instance, about 72% of Americans don’t have an up-to-date will. Also, a good percentage of U.S. citizens who file bankruptcy choose to represent themselves. In such cases, most end up with worse outcomes. To avoid this, trust bankruptcy lawyers to represent you and get you better results.

Benefits of Estate Planning

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Entrepreneur signing business contract or agreement

Did you know that over 50% of Americans die without an estate plan or a will? While many people think that an estate planning attorney can only assist persons who have moderate to exceeding wealth, estate planning attorneys can assist with the final wishes of many other individuals. The bottom line is that just about everyone can benefit from estate planning and discussing their estate and belongings with an estate lawyer. Let’s delve into some critical reasons that you may need to consider working with an estate planning attorney.

Provisions for Your Immediate Family

We’ve all heard and seen the news stories and documentaries about individuals who have passed on and failed to leave a will or seek the assistance of an estate planning attorney. When you document how you want your belongings divided up among family members, there is nothing to fight about your estate in the event of your death. Sometimes siblings, cousins, and other family members can become enemies as opposed to allies after the death of a loved one when it comes to property, keepsakes, and money. It’s vital that you speak with an estate planning attorney so that what you leave behind goes into the hands that you desire.

Children Can Remain with Family Members You Know and Love

Oftentimes, individuals who pass away leave children behind. When we leave our homes each day, we anticipate arriving back. However, you may be involved in a fatal car accident. What happens in the event that you do not make it back home due to an event that causes your untimely death? Failing to speak with an estate planning attorney or having an estate plan in place will cause chaos and may even leave your minor children as wards of the state. Instead of such, discuss care for your children in the event of your demise with a trusted friend or relative. Instead of a judge deciding the fate of your minor children, have a plan that you wish executed for them in place.

Your Loved Ones Will Have Your Property Quickly

When you place your wishes for your estate in writing with an estate planning attorney, your loved ones will be able to obtain your property, belongings, heirlooms, and money quickly. Many families are left with the stresses and pain of going to court over a deceased loved one’s home, property, or even cash. Taking the time to put in writing how you want your estate divided up will save your loved ones’ time, energy, and money.

You may want your children to share your home while giving your favorite pearl pendant to a niece. You may also want your stepson to receive a certain amount of cash for a business he wants to start. You may even put in writing provisions for a co-worker that you enjoyed working with. Estate planning helps to end the obscurities and questions as to who will get what. It also helps to eliminate the waiting and annoying court proceedings for your family members.

Minimize Costs and Expenses

Did you know that when you fail to write an estate plan with an estate planning attorney, you are leaving your loved ones to pay for costly legal fees and court proceedings? The monies that you left behind will not go toward your family members. Those monies will go toward paying for attorneys, court costs, and more. Instead of leaving your loved ones to pay for judgments, simply get a plan together with a reputable estate planning attorney.

Dealing with death is never fun, but it is necessary. Having your wishes documented with an estate planning attorney helps to end questions, doubt, and discord among family members. As your Bismarck, ND estate planning team, we also provide child custody services, will writing, guardianship assistance, and more. The fact is that we never know when we will pass. It’s good to know that when it does happen, you can provide for your loved ones who have their lives to live. Connect with us today and let’s create an estate plan for you and your family together.

The Divorce Process: Custody Attorneys and More

custody attorneys

Life is a series of continuous changes. Many times, situations arise that are out of one’s control, or completely unexpected. When circumstances change, often the way people feel about each other is challenged at the same time. And many times, relationships that were once happy and stable result in divorce. In the United States, in fact, divorce or separation happens in one out of two marriages.

In this situation, it is very important to find an attorney to take care of the divorce proceedings. Here is a look at some of the areas that divorce attorneys specialize in for clients who are in the process of getting a divorce.

Custody Attorneys

Custody attorneys specialize in matters of guardianship and child custody when parents are divorcing. It is important that custody attorneys be contacted for the arrangements that will be made for custody matters. These matters can be very extensive and involved and may include situations such as vacations, finances, support responsibilities, regularly scheduled visits, medical decisions, arrangements for special occasions, and more. These matters may also be extremely emotional, even volatile. At the time of a divorce, custody attorneys will also provide advice concerning plans that are being made for the future, to ensure that plans are being made for the long-term and for years to come. It is important to establish a relationship with custody attorneys that is longstanding, because as children grow older the matters that need to be discussed and arranged between parents may require reviews and updates.

Estate Planning Attorneys

Although it may not be pleasant to think about arrangements that will be put into place after one’s lifetime, it is a necessary responsibility of adulthood. This is particularly important when children are involved and part of the family. Estate planning attorneys will be of great assistance to a couple that is divorcing. There will be many steps involved in updating an estate plan in the event of a divorce. For instance, wills may have to be revised. Power of attorney may have to be reassigned. Determinations will have to be made concerning what will happen to any children that may be in the family in case one or both parents experiences is an emergency, an accident, or a fatality. Making sure that these details are taken care of will avoid having your estate tied up in court for years. This is one way to ensure that any children who are involved will be well provided for.

Bankruptcy Attorneys

There’s a familiar saying that states something to the effect that it’s always a good rule in life to be one step ahead. And that saying applies particularly well to personal finances. Protecting oneself and one’s finances is a primary responsibility for every mature adult, particularly if children are involved in their lives. In the case of a divorce, which is an expensive process, it is essential to have an emergency fund to rely on. Having a consultation with a bankruptcy attorney does not mean that bankruptcy will be the route that is followed, necessarily. But information and knowledge are always helpful, and making sure that the financial picture is clear is ultra-important when children are involved. Custody attorneys will appreciate the opinion of bankruptcy attorneys, as it will help provide the complete picture of the individual’s situation.

Going through a divorce is never easy, but there are a few things that can make the path smoother. Doing thorough research, taking good notes, and staying calm are all great tips. But most of all, if you’re looking for custody attorneys, make sure that you have a good, open relationship filled with honesty and trust. This will help make the process less stressful and when a resolution is reached you will be able to move on without any second thoughts.

The Critical Questions To Ask You Custody Attorney

custody attorney

When it comes to the matter of child custody after the dissolution of a union, you want the best child custody parent possible. According to data, most custodial parents – over 50%– had one child. You want to have a game plan for obtaining the outcome that you desire when it comes to custody. Let’s examine some of the critical questions you want to ask your custody attorney before you retain legal representation.

What’s The Difference Between Legal Custody and Physical Custody?

When it comes to the matter of hiring a custody attorney, you want to ask the difference between legal and physical custody. You also want to understand how each will affect your situation. Once you obtain legal custody of your child, you are enabled to make the best decisions on behalf of your child. With physical custody, the child will live in your home. Parents can have legal custody of a child, even if the parent does not have physical custody. Once you have complete knowledge of the various kinds of custody, you can decide what’s best for you as well as the minor involved.

What Custody Laws Are Applicable In My State?

When it comes to the matter of custody, you want to custody attorney who is well versed in the laws of your state. Your custody attorney should have a thorough knowledge of your state’s laws and how they will work for your custody matter. Your attorney should also be able to translate the laws into a shape and form that you are able to easily understand. Should there be any changes that you have to make, your custody attorney should be the individual who can assist with acuteness and professionalism.

What Information Do You Need?

Another critical question that you want to ask your custody attorney is the information they will need for your custody case. When you know what documents and information you need, you are better equipped to obtain the outcome that you want. Your custody attorney should be able to provide you with a list of the items that are needed for your custody case.

What is Your Philosophy When It Comes To Working With Other Legal Professionals?

When choosing a custody attorney, you want one who works well with others. For example, you may hire a custody attorney, who may have to confer with your divorce attorney or even your estate planning lawyer. A parent always has the best interests of their child during a custody situation. In fact, parents want the interests of the child protected at all times. Parents also want the child provided for, in the event of demise or death. Choosing a custody attorney who works well with others in the legal profession and beyond is a huge asset.

Contact Your North Dakota Custody Attorney Group Today

For your custody attorney needs, your custody attorney group of Bismarck, ND is ready to assist. With a thorough knowledge of North Dakota laws, you can be assured of exquisite representation of your custody matter.

Our firm also has the most astute bankruptcy attorneys, estate planning attorneys, and more. Put an end to the confusion, anger, resentment, and misunderstandings regarding your custody case. Contact your North Dakota custody attorney group today and let’s bring about the outcome you desire and deserve.