Posted by: Gerald A. Maggio, Esq.
A recent California child custody case shows how the state is redefining who it deems a child’s parent. Typically, the courts have given custody to a child’s biological or adoptive parents. But since 2002, groundbreaking child custody cases have looked at who the child considers the parent and who is carrying out the parenting duties. The main objective is that the courts want a person who is financially supporting the children and providing for their wellbeing. As a progressive state, California child custody cases involve not only straight couples but gay couples who also provide a strong foundation for children in the middle of a divorce.
“The state has a great interest in having those who want the benefits of parenthood to take on the responsibilities and obligations that go with parenthood,” said Pacific McGeorge School of Law Professor Larry Levine in Sacramento.
In the latest case of assigning the parent child custody, a woman who did not adopt her ex-girlfriend’s kids was ruled as their parent because she provided for them monetarily, tended to them when they were sick and even volunteered at their school. Plus, she could not adopt the children as she was in the Air Force and did not want to violate the “don’t ask, don’t tell” policy that was only recently lifted. Because she was carrying out the parental responsibilities and rights, she was now deemed their parent.
Child custody decisions are, therefore, looking more at who is truly functioning as the parent. Adults who do not have blood ties or adopted a child used to be classified as “legal strangers”, but if they are carrying out the role of a parent, courts will want to keep what is in the best interest of the child. A child-centered approach versus a child as property mentality is what the courts are shifting too. Who do the children rely on? Who do they think their parents are?
This can have a big impact on not only child custody, but matters of child support. The state wants to side with whom will provide the best health, education, and home environment for the child if both parties cannot agree on joint custody. The courts really take each decision on a case by case basis, as no two scenarios are exactly the same. The biggest constant is that they will rule in the best interests of the children. An experienced child custody lawyer can help the individual who seeks child custody to create an agreement that upholds what is best for the children and takes into consideration all the actions they carry out for the children.
Gerald A. Maggio is an Orange County divorce attorney, in Irvine, California. The Maggio Law Firm specializes in divorce and family law. To learn more about Orange County divorce lawyer, Gerald A. Maggio, visit Maggiolawfirm.com.
Posted by: Gerald A. Maggio, Esq.
In the New Year, couples who are getting divorced and can amicably do so can utilize mediation to make the dissolution process far less contentious. This process is far more attractive than a long, drawn-out courtroom battle. Mediation not only cuts out unneeded stress, but it saves money and time. For many, it is more of a team concept of both spouses, a mediator, and a few sessions to iron out the specifics of the divorce.
A mediator will provide guidance to reach a resolution on the issues that still need to be worked out. They bring critical negotiation skills to listen to each party’s interests and concerns, and then help to find a common resolution that each person can agree to. The mediator is a neutral party, and oftentimes an attorney, so they will be able to provide you with a background of what is legally permissible. When an impasse is reached or negativity stalls progress, the mediator knows how to get the conversation back on track. For some couples this means not doing the mediation all in one day. But in two to three sessions, you can resolve all the big priorities of the dissolution.
It is important for you to know what your future needs are so that child support, spousal support, and the division of assets and debts are done to help you find as stable of a future as possible. What many people like about mediation is that it allows you to express your values and opinions. A litigated divorce, in contrast, follows a more strict formula and what some call a “one size fits all” approach. Mediation is more sensible for two adults who can be in the same room together and hash out the details. You can take into account the budgets you live with everyday and the future needs you and the kids will have. Mediators also know how to look for tax savings and alternative settlement options to increase the chances of financial stability post-divorce.
Couples who have been through a mediated divorce say that it is far better to have the two people who intimately know their finances and assets decide how to dissolve the marriage versus a judge or pair of attorneys. At the end of the mediation process, a final divorce settlement will be created and approved by the courts. Months down the road, you will thank yourself for doing mediation. The money you saved can go towards the kids, a savings or emergency fund, or establishing yourself in a new home.
Gerald A. Maggio is an Orange County divorce attorney, in Irvine, California. To learn more about Orange County divorce lawyer, Gerald A. Maggio, visit Maggiolawfirm.com.
Posted by: Gerald A. Maggio, Esq.
The concepts of marriage and parenthood are vastly changing as the Millennial Generation comes of age. The Pew Research Center published a report earlier in the year showing that Millennials – people born between 1977 and 1998 – want parenthood over marriage. The survey showed 52 percent believe that being a good parent is one of their biggest goals. Marriage was only a big goal for 30 percent of people.
As these attitudes have shifted, marriage has become less of a focus. Out of wedlock babies have increased, though. Being a good parent, to Millennials, does not necessarily mean that marriage is a must. Many couples are choosing to delay marriage, live together, and break away from the social norms of their parents.
Even though marriage is delayed or not a preference, when a couple has a child it can make them refocus their priorities. Some decide to create a cohabitation agreement to help spell out their responsibilities and rights as parents and a couple. This can help protect each person and set up a framework should something happen to one of the parents. A modern-day cohabitation agreement includes:
each person’s parental rights and duties
financial obligations
property rights
health care directives
estate planning and inheritance wishes
how long the agreement is good for and/or how it can be revised
For some Millennials, this is a good warm-up to getting married. The agreement helps safeguard each person yet also sets out how each person will be looked after. As a couple establishes more assets, property, and moves up in the work world, it can be a critical document to help them create a prenuptial agreement once it is time to get married.
Sometimes, though, the cohabitation and relationship does not work out, even if there is a child that both parents mutually love and want to care for. In these instances, the cohabitation agreement can provide a path for the main caregiver to receive child support. It will also help to modify each parent’s duties and set up a visitation agreement that both parties can agree to. For couples that can amicably agree on the parenting agreement, litigation is not necessary. A family law attorney can assist in creating a plan that the courts will approve for child custody and the visitation schedule.
Gerald A. Maggio is an Orange
County family law attorney, in Irvine, California. To learn more about Orange County family law attorney, Gerald A. Maggio, visit Maggiolawfirm.com.
Posted by: Gerald A. Maggio, Esq.
The process of realizing your married life is over can be a difficult one. Especially for those that have a hunch that their spouse is cheating on them, you want to prove that in fact your husband or wife is seeing another person. Beyond hiring a private detective or lurking in the shadows, there are ways to find out if your spouse is cheating.
Checking account and credit card statements can reveal a lot. Look at each line item for odd spending habits. The biggest warning signs can be:
Places that do not fit your spouse’s personality. If your spouse did not dare eat sushi, for example, but then charges start to rack up, this is a sign.
Excessive purchases at bars, restaurants, jewelry, flower, and other gift shops
Charges from hotels
Higher gas costs than normal
Extra cell phone charges or other electronic purchases that are excessive note that your spouse could have purchased equipment to communicate with the person they are seeing
Vacation and luxury purchases when your spouse is supposed to be on a work trip
Charges from oddly named businesses
Membership dues to video chat companies and dating websites
It can also be a big sign if you are used to receiving these statements at home and suddenly they are not appearing. Be sure you can still access these financial accounts online to see if they have been re-routed to a post office box or if you have been locked out of your own account. These are tell-tale signs that your spouse is up to no good.
Banks also offer a feature to receive text alerts. For joint accounts that you are suspicious your spouse is using to cheat with, set this up. You will get texted in real time and the spouse will not be able to make up an excuse so fast as to what the charge was for. It is also advised to order a copy of your credit report that you are allowed to get for free one time a year. Go over it carefully to see if there are new accounts, inquiries, large balances, or other items that you have no idea about.
Be sure to keep all paperwork of the wrongdoing so when you confront the spouse or meet with a divorce attorney, you have as much evidence as possible. It is also important to start a savings fund so that you can start a new chapter on your own. If there are co-signed accounts that you are worried about getting depleted or charged, call to get your name removed or close the account.
Gerald A. Maggio is an Orange
County divorce attorney, in Irvine, California. To learn more about Orange County divorce lawyer, Gerald A. Maggio, visit Maggiolawfirm.com.
Posted by: Gerald A. Maggio, Esq.
One piece of paper can do a lot to save a marriage. For a couple who is on the brink of divorce, but does really want to stay together, a postnuptial agreement can help clear the air of any financial differences and other concerns the two have. This piece of paper can be just the shock to the relationship that a couple needs.
With the expertise of a family law attorney, disputes about spending, the kids, the family business, and even how many guys’ fishing trips and visits by the mother-in-law can be defined. Half of all family law attorneys surveyed nationwide have noted an increase of postnuptial agreements in the last few years.
For couples with issues that are causing a strain, the postnuptial can provide them a way to reset their behaviors and get back on a level playing field. If a budget has never been used in the household, this is a good time to set one and hold each spouse to it. If child raising duties need to be better divided, this is an opportunity to have each parent take their fair share.
The postnuptial agreement process will inform both spouses about each other’s financial status if they are not aware of it previously. For some couples, this is particularly helpful as it highlights what could occur if divorce were to happen. Hefty spousal support, child support, and liquidation of investments and savings could have occurred if the two had not worked hard to save their marriage.
This is exactly the premise behind getting a postnuptial agreement. The reality of what the couple has worked hard to create together could be divided if they split. If they can use the postnup opportunity to reframe their attitude toward each other and how they interact on a daily basis, the marriage can get back to its better days.
And if the postnuptial agreement does not work months or years down the line, the couple will already have some understanding of the family law system. They will have utilized one aspect to save their marriage before they call it quits.
Gerald A. Maggio is an Orange
County family law attorney , in Irvine, California. To learn more about Orange County family law attorney , Gerald A. Maggio, visit Maggiolawfirm.com.
Posted by: Gerald A. Maggio, Esq.
Every week police are called to homes where spouses and children are affected by domestic violence. Alternatives to Domestic Violence in Riverside County has seen an increase of victims throughout the state, a need for more donations for their emergency shelter, and kids and spouse’s whose lives are at risk. Their crisis line has received up to 7,000 calls a year from people needing help.
October is Domestic Violence prevention month and reminds us as a society that we need to be mindful of the millions of women and men who suffer physical and emotional pain from their intimate partner. Riverside has many resources to help domestic violence victims and perpetrators get back on the path to better life.
Alternatives to Domestic Violence, for example, runs the Casa de Paz shelter where victims can have a short-term, stable living environment and get counseling and education services. If a person and their child do not actively seek help and legal action, the domestic violence can turn deadly. Emotional, physical, and other types of abuse often lead to more aggressive forms of abuse. The CDC’s Violence Prevention campaign says that many of the perpetrators have a substance abuse history, carry a weapon, and have a mental health issue.
A person can initiate divorce proceedings when this is the best course of action to cut ties with the perpetrator. At the same time, individuals can request a restraining order, ask for custody and child support, and discuss concerns about visitations with the child. California courts want to protect the child and spouse from any further harm.
If mediation is ordered by the judge, a spouse can take a support person with them to be there as the child custody and other matters are decided with the ex. In cases where a person does not feel safe, an individual can ask to speak with the mediator separately so that the issues with the abusive ex do not halt the proceedings.
The courts will want the perpetrator to undergo counseling to improve their behavior. Perpetrators must comply with the court orders to be able to have monitored visitation or custody in the future. Victims should get legal representation to assist with their divorce and family law matters. Riverside County family law attorney Gerald Maggio is a strong ally for a spouse and their children with domestic violence concerns.
Gerald A. Maggio is an Riverside
County divorce attorney, in Riverside, California. To learn more about Riverside County divorce lawyer, Gerald A. Maggio, visit Maggiolawfirm.com.
Posted by: Gerald A. Maggio, Esq.
Cohabitation has doubled since the mid-1990s according to the latest Pew Research Center study. Adults from 30 to 44 years old are increasingly deciding to live together and wait until later to get married. For those with college educations, living together is an advantageous way to combine both incomes, and see if marriage and kids are viable in the future. But when people take the plunge to live together and combine their monies, they should get a cohabitation agreement so they are set up for success, not heartbreak and economic failure.
Cohabitation agreements, whether for opposite or same sex couples, define all the key financial and living decisions for the couple. It will detail:
- Disclosure of financial status to include all assets and debts
- Division of living expenses and insurance needs
- Property ownership
- Inheritances, trusts, and retirement plans
- Responsibilities for child custody, health care directives, and last wishes
- Duration of the agreement
Family law attorneys highly recommend getting a cohabitation agreement. If an individual were to be incapacitated, the other person would not have a right to make health care decisions. The responsibility and decisions would be made by family members, and this can sometimes lead to conflicts that are expensive and time consuming. And should the person die, the other partner would not be able to get their share of any assets.
Attorneys often work with clients who claim they were supposed to be supported financially from the other partner but after a breakup were nowhere to be found. If the couple had a cohabitation agreement beforehand, there would be no misunderstandings on the financial agreements and duties, and it would be enforceable by the courts.
“Cohabitation is continuing to increase in popularity,” says sociologist Susan Brown, co-director of the National Center for Family & Marriage Research. “Marriage is something that is more optional now and it’s also something increasingly people do later in the life course.”
For many people, they do not want the complications that come with getting married, but still want to love, care, and define their responsibilities. The Pew Study, “Living Together: The Economics of Cohabitation” shows that 58 percent of women lived with an opposite-sex unmarried partner in 2006-2008. As marriage becomes less of a social must, but people are still living together for many years, it calls for the need to have a written understanding of each other’s responsibilities and duties.
In California, Riverside family law attorney Gerald Maggio is skilled in helping an individual create an amicable, enforceable cohabitation agreement with their partner. The Maggio Law Firm is experienced in creating a well-thought out agreement to protect both parties and prepare each person for all anticipated events that could occur.
For more information:
The Maggio Law Firm, Inc.
www.maggiolawfirm.com
Orange County Office
8105 Irvine Center Drive, Suite 600
Irvine, CA 92618
(949) 553-0304
(949) 553-0346 Fax
Riverside Office
3750 University Avenue, Suite 670
Riverside, CA 92501
Gerald A. Maggio is an Orange
County divorce attorney, in Irvine, California. To learn more about Orange County divorce lawyer, Gerald A. Maggio, visit Maggiolawfirm.com.
Posted by: Gerald A. Maggio, Esq.
Parenting can vastly change after divorce proceedings. When both parents are given equal parenting time, it creates an on/off parenting schedule that defines when the child will be in your household. At the beginning of the new schedule, some parents feel loneliness or anger because they were used to the children being around. But as the weeks go by, if individuals can focus on how the new schedule bonds them to their kids in new ways, they can feel a sense of empowerment.
“Being the one to cook the meals, prepare the lunches, help with the homework, buy the birthday presents for your children’s friends, make play dates, drop them off at school, take them to the doctor – without an outlet or someone else to fall back on if you’re tired – is part of building a deeper connection with your children,” said Jonathan Weiler and Anne J. Menkens in a recent article about the benefits gained in a child-parent relationship after divorce. “…A newfound sense of capability might make you less overwhelmed by the challenges of dealing with your kids, thereby freeing you up to enjoy the experience more.”
As a single parent, chances are that you will be more heavily involved than before in your children’s health and education decisions as well as social activities. The custody and parenting agreement will define the mutual decisions you and your ex have for these aspects of your child’s life. As time goes on, the decisions and child support might need to be modified. Getting legal advice to see about these possibilities or making a move to change them is highly advised.
Throughout it all, it is recommended to focus on the best interests of the child. Child advocates say to never make your kids messengers to the other spouse. Do not put a child in the center of dispute you have with the ex. Do not say negative things about your ex in front of the child.
“Kids are impressionable and you can make your child hate your ex-spouse if you want to, but it won’t bring you closer to your child,” said Weiler and Menkens. “If, on the other hand, if you know your ex-spouse is a good parent (even if a bad spouse) and that your child loves him or her, try praising that parent. Building your child’s esteem for her other parent will be one of the best gifts you can give to your child.”
In California, Irvine child custody attorney Gerald Maggio is skilled in helping a parent achieve the best child custody outcome and has resources in the area for parents to work on their parenting skills. The Maggio Law Firm is experienced in maintaining and preserving the crucial parent-child relationship. They are well versed in child support and modifications, divorce, and alternative conflict resolution.
For more information:
The Maggio Law Firm, Inc.
www.maggiolawfirm.com
Orange County Office
8105 Irvine Center Drive, Suite 600
Irvine, CA 92618
(949) 553-0304
(949) 553-0346 Fax
Riverside Office
3750 University Avenue, Suite 670
Riverside, CA 92501
Gerald A. Maggio is an Orange
County divorce attorney, in Irvine, California. To learn more about Orange County divorce lawyer, Gerald A. Maggio, visit Maggiolawfirm.com.
Posted by: Gerald A. Maggio, Esq.
Irvine, Calif. – Divorces can cause individuals to want to take their kids out of state. Some individuals want to move as far away as possible from the ex. Others have job offers that they do not want to turn down in this economy. And some want to move back to their home state to reconnect with their network of long-term friends and family members.
A parent must get the approval of the court that decided the custody matters before they can take the child to another state. Otherwise, if a parent has not received permission, they can be in contempt of court. Courts want to uphold what is best for the child, and visitation rights can become extremely complicated when one parent is out of state.
It is critical to get legal counsel so you know what your options are if your ex is moving out of state and wants to take the kids. “Move away cases are very complex and courts want to ensure that the move is not for vindictive or bad faith reasons that could negatively affect the child,” said Irvine divorce attorney Gerald Maggio.
California case law will see a move as a possible big detriment to the child, and potentially alter who the courts pick to have child custody. The courts want evidence and oftentimes a child custody evaluation to determine the necessity of moving the kids. Getting legal expertise early on can help prevent a worse outcome in a move-away proceeding.
The Maggio Law Firm is known for their expert legal representation in contentious child custody cases. Orange County divorce lawyer Gerald Maggio has many years of experience protecting children and his client’s rights. He is constantly aware of the changing California divorce laws and will skillfully create a strategy that is in your best interests.
For more information:
The Maggio Law Firm, Inc.
www.maggiolawfirm.com
Orange County Office
8105 Irvine Center Drive, Suite 600
Irvine, CA 92618
(949) 553-0304
(949) 553-0346 Fax
Riverside Office
3750 University Avenue, Suite 670
Riverside, CA 92501
To learn more about the Maggio Law Firm visit http://www.maggiolawfirm.com/.
Posted by: Gerald A. Maggio, Esq.
Riverside, Calif. – California divorces seem to be creating quite a commotion this summer. From the news, it feels like divorces can be “all good” or “all bad” situations, relationship experts warn. But this is far from the truth, and couples need to have realistic expectations before they ever go to the family law courts.
One of the biggest myths is that a judge will decide an individual’s character during the divorce proceedings. Family law judges start the proceedings with the mindset that both parties have caused the divorce, unless there are abuse or criminal charges. A judge does not assess fault – his or her role is to solve the couple’s differences through hearings with evidence that will equitably divide what the couple once shared.
“Some people get caught up in the emotional upheaval of the divorce and want to argue over everything,” said Riverside divorce attorney Gerald Maggio. “They will end up costing themselves more money and wasted time. Divorcees should focus on the here and now, not seeking retribution for the past.”
A big factor that divorcees need to be mindful of is supplying the court with verifiable, purposeful information. Even if a document is embarrassing but is needed to show relevant asset, debt, or child custody matters is critical to provide. This information will help the judge make decisions that can have long-term consequences. If an individual alleges information but cannot back it up with verifiable documentation, the person risks having sanctions or loss of certain parenting privileges or financial rights.
“The key is to limit your anger and emotions from taking over what is important to focus on,” said Maggio. “Think of the better chapter of your life that will begin once the divorce is over – focus on your kids and what you can be grateful for to get you through this tough time.”
The Maggio Law Firm has the expertise to guide clients through all the divorce issues and prepare them for successful divorce hearings. They have many local resources for clients to connect with to help them through this difficult time, including counseling, financial advice, and child-parent counseling. Riverside divorce lawyer Gerald Maggio’s professional and effective legal counsel ensures that a client’s rights and best interests are protected.
For more information:
The Maggio Law Firm, Inc.
www.maggiolawfirm.com
Orange County Office
8105 Irvine Center Drive, Suite 600
Irvine, CA 92618
(949) 553-0304
(949) 553-0346 Fax
Riverside Office
3750 University Avenue, Suite 670
Riverside, CA 92501
To learn more about the Maggio Law Firm visit http://www.maggiolawfirm.com/.
