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/.

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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/.

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Hefty fines and even jail time can be the consequence of not paying child support. If a parent has a valid reason why their child support should be modified, they should get legal counsel to show proof of the change in circumstances. Job layoffs, a big cut in pay, or disasters and emergencies can greatly affect a parent’s ability to pay.

“An individual must show the change has substantially affected their income, is permanent, and was not a voluntary change,” says Irvine child support attorney Gerald Maggio, of the Maggio Law Firm. “Many people wait until they are already behind to get a modification, but the minute a big change has occurred you should be getting legal counsel.”

Support orders should be reviewed every three years to account for any financial changes of the parents or needs for the child. An experienced Orange County child support attorney will ensure the accuracy of filing the modification, and sometimes even an extension is needed for a child’s schooling or medical situation. It’s important to know that child support cannot be modified retroactively, so if a parent waits too long to modify, the back pay will still be due at the different amount.

The Maggio Law Firm has a successful track record of enforcing child support orders and modifying it for clients when a big life change occurs. They are accomplished in child custody, division of property, spousal support, and many California divorce matters. Maggio is known for aggressively pursing his client’s and their child’s rights with empathy, skill, and efficiency.

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/.

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Cohabitation agreements cover the consequences if the partnership were to dissolve in the future so that each person has a clear understanding of their rights. These agreements are much like prenuptial agreements that give each party peace of mind that their priorities are addressed.

“Many couples decide to live with each other before diving into marriage, yet want to have an agreement that shows their commitment to their partner and protects each others assets,” said Riverside domestic partnership attorney Gerald Maggio, of the Maggio Law Firm.

Registration as a domestic partnership allows another partner the right to:
• Have coverage on the other partner’s health insurance plan
• Take family leave if a partner is sick, make medical decisions and have hospital visitation rights
• Enroll the partner in disability benefits should this occur
• Be the appointed conservator if their partner becomes incapacitated
• Take bereavement leave
• Rent control benefits, unemployment benefits
• Adopt each other’s children

Through California’s Separation Equity Act passed in late 2010, if a same-sex couple dissolves their domestic partnership or civil marriage, there is now a simpler form and process to do so. This act also holds for same-sex couples that were legally married outside of California to have the same rights to dissolve those marriages in California, too.

At the Maggio Law Firm, they have many years of experience helping couples register for domestic partnerships and create cohabitation agreements. They can also step in should the partnership be dissolved amicably, or contentiously due to domestic violence or other wrongdoing. In Riverside County, Attorney Gerald Maggio stays abreast of all the latest legal developments for domestic partners and tailors his strategy to meet every client’s 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/.

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Dwayne Wade was granted with sole custody of his three-year-old and eight-year-old son. Most states recognize the value a father has in his child’s life and there are many resources to assist dads who are dealing with a difficult divorce.

Good legal counsel is recommended to protect a father’s rights in a child custody case. If a father and the soon-to-be ex-wife can create a custody agreement through mediation, the divorce proceedings will go much smoother. But if there is no ability to agree, an experienced child custody attorney is crucial.

When sole custody is granted, a dad will have the child most of the time and the mother will have a set number of visits. If joint custody is granted, the child will get equal time with each parent. Parenting agreements will go over the schedules to give each child ample time to be with their dad and mom.

Dads will want to show the strong bond the child has with them, and any evidence of the big role they play in a child’s development is helpful to the court. According to the National Fatherhood Initiative, 24 million children live without their biological father and are more apt to “engage in risky behaviors, suffer from emotional and behavioral issues, drop out of school, and live in poverty.”

The role a father has in their child’s life is immense. As the National Fatherhood Initiative’s president Roland Warren says, “If you take the time to love, laugh, look, listen, and leave a legacy, you will connect with your kids and be the dad they need and want you to be.”

An experienced attorney will help a dad ensure the parenting agreement is realistic and keeps the child needs as priority number one. “It is so important to maintain the child-parent relationship to keep building a strong bond in the future,” said Irvine child custody attorney Gerald Maggio.

The Maggio Law Firm champions a dad’s rights with compassion, experience, and tenacity. Their lead attorney Gerald Maggio will go after the best possible custody arrangement for your situation.

To learn more about the Maggio Law Firm visit http://www.maggiolawfirm.com/.

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Some couples cringe at the word prenup, but an individual really needs to have the division of assets and debts defined should death or divorce ever happen. The prenup, also known as the premarital agreement, will describe how particular assets such as a home, business, or property will be owned. With couples who are getting married for the second time or more, or getting married at an older age, separate investments or business assets might want to be safeguarded from the new spouse.

“The prenuptial is a really honest conversation about how finances, assets and a spouse’s well-being will be accommodated during and after the marriage,” said Riverside prenuptial agreement attorney Gerald Maggio. “The agreement is like an insurance policy and is in place to protect both spouses.”

Each party gets seven days to review the prenuptial agreement before signing it and is recommended to have their own attorney represent them. Also, if one individual does not speak English as a primary language, the prenup should be translated to ensure it is understood and agreed to. The American Academy of Matrimonial Lawyers reported 73 percent of divorce lawyers had an increase in demand for prenuptial agreements during the last five years. The rise can be attributed to kids growing up in divorced households and the engaged couple wanting to make sure everything is in writing.

Every 10 years, married couples should review the prenuptial to see that it is still relevant. Sometimes post-nuptial agreements long after the marriage occurred can be helpful if one individual starts a company or makes investments that should be separated from the marital property. The same is true if a large inheritance is about to happen. Sometimes couples who have grown apart will use the postnup to reconcile with specific conditions or they will agree to postpone a divorce until the kids go to college or another big event occurs.

“We help show engaged couples all their rights and responsibilities for the marriage,” Maggio said. “So many people find it to be a beneficial experience and document that is there only if they need it.”

The Maggio Law Firm listens to their client’s needs and will go after their best interests. They will help the engaged couple toward their exciting future together with the best preparation and planning.
To learn more about the Maggio Law Firm visit http://www.maggiolawfirm.com/.

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“If one spouse were to move out of the house and has more income and the other spouse is left to take care of the kids and major bills, what would you do?” asked Irvine divorce lawyer Gerald Maggio. “A temporary order will set decisions on the major priorities that have to be discussed before something bad could occur.”

Every temporary order can detail what is important to each spouse. Immediate needs might include orders that:

- prevent charging credit against a spouse or big expenses without written notice

- prevent the sale, transfer, exchange, or borrowing of money against property

- prevent changes in insurance, including modifying the beneficiary, failure to pay the premium, cashing out or borrowing, exchanging, or cancelling it

- define the custody and visitation schedule as well as child or spousal support

- define that the other spouse cannot take children out of a certain local or regional area without consent from the other parent

- outline who gets vital property, such as a car or house

- implement restraining orders when needed

These orders are a bare minimum that will be added to or refined pending the final outcome of the divorce proceedings. The temporary agreement will be submitted to the court after all appropriate signatures are done and give each spouse a clear understanding and set a precedent for the actual divorce.

“A good divorce attorney will help a client weigh the risks, benefits and costs of the temporary order,” Maggio said. “You won’t get everything as you want it – no one ever does in a divorce – but we will fight to uphold your rights.”

Individuals seeking a divorce have sought the Maggio Law Firm’s experienced attorneys to help with temporary orders, divorce summons, and all the steps involved with a dissolution of marriage. The firm’s knowledge and empathy guides clients confidently through the legal maze of divorce issues.

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

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“Children tend not to tell you when they are angry, resentful, confused, hurt or depressed,” said author Rosaling Sedacca in her book How Do I Tell the Kids…about the Divorce? “Instead kids reflect their problems through their behavior – acting out or perhaps turning inward in ways that you have not experienced prior to the divorce. Take time to see the world through your children’s eyes and you will be better able to meet their needs, understand their confusion or aggression and find appropriate ways to dissolve tension through your conversation and caring behaviors.”

Parental behavior that involves negatively talking about one parent, missing or cutting into the other’s parenting time, or concealing the truth can wreak havoc on a child’s emotional wellbeing and alter their perceptions of how they should act. Children who watch parents say cruel things, lie, and seek revenge can end up being rude, hostile, dishonest, and hold grudges or worse.

Many child psychologists promote that parents must set aside whatever ill will they have towards their ex to effectively be a good parent. Yes, this will involve a daily focus to accept the child custody and shared parenting time. Halting the negative words and interacting proactively with your ex will show that people can be their own individuals and be courteous yet have their boundaries.

Divorce law and child custody agreements are all about the best interests of the children, so the earlier an individual focuses on this fact and has a good child custody attorney by their side will bring about faster and fair results. From visitation and shared parenting rights, to adequate child support and enforcement, a skilled child custody attorney will address all the factors needed for the children.

A schedule must be created so that each child will get to enjoy a normal schedule with each parent as well as specific holidays, vacations, birthdays, and special cultural and religious days. Patience, tolerance and communication are critical to make the schedule work and ensure that the kids are benefitting from it. The agreement will also detail decisions regarding medical, education, religious, and any other special considerations for the children.

In California, Riverside child custody attorney Gerald Maggio helps individuals define a reasonable parenting agreement that will help the child and parents create a healthy, supportive environment. The Maggio Law Firm is experienced in child custody, child support and all divorce matters and strives for the best outcome to maintain and preserve the parent-child relationship.

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

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“Your interests – regarding finances, assets, and the children – are still addressed and sought after,” said Irvine mediation divorce lawyer Gerald Maggio, of the Maggio Law Firm. “You will have a lot less stress and get resolution quicker so you can move on with your life.”

A mediator will keep the divorce conversation and negotiations moving forward and oversee that the separation of assets, finances, and parenting time is fair. When the spouses reach a roadblock, the mediator will push to get the conversation back on track. With the two individual’s input, the mediator will set ground rules and goals to achieve. Mediators will still need all relevant financial, asset, and any other documentation relevant to the marriage and divorce.

“Individuals find they are happier with the outcome of mediation versus having a court decide the fate of their finances and kids’ livelihood,” Maggio said. “Disputed divorces can wreak havoc on children and an individual’s wellbeing.”

Mediators are skilled at working with differing levels of personalities, so if a spouse tends to be domineering or pushy, the mediator will give each person time to speak and work through their needs. If there are concerns about violence or abuse, a mediator can arrange separate meeting times. The key is that mediator wants an individual’s input on what they are seeking in the divorce, but will balance it against the other individual’s needs.

A final agreement will detail every facet of the divorce and future agreements and must be legally approved. This agreement will then be used as the basis for the uncontested divorce. And unlike many courtroom battles, this way of getting divorced can have a better, lasting effect.

“Mediation is about creating a good ending to the marriage,” Maggio said. “Mediation is always worth a try.”

The Maggio Law Firm has many years of experience in divorce mediation. Attorney Gerald Maggio is active in the Orange County Bar Association, Los Angeles County Bar Association, the Riverside County Bar Association, the Orange County Barristers, and the Irvine Chamber of Commerce. The firm is known for protecting client’s rights and best interests, as well as being an empathetic ally during these tough times.

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

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A good divorce lawyer will help a client examine and evaluate the marriage settlement agreement (MSA) and make sure they understand the transfer of monies, assets and property. Sometimes even asset and income tracing are needed to ensure that a spouse is not hiding crucial assets from the other spouse. An experienced attorney will oftentimes have contacts with certified public accountants and financial counselors that can help individuals with managing their cash flow, financial crises and goals they want to accomplish. These key individuals will make up a solid team of experts to help a client through the divorce and get on more solid financial footing for the future. Their financial background will help calculate each spouse’s net worth and establish figures that the courts will agree with.

“Ask your lawyer to help you identify which decisions absolutely need to be made now, and which can wait until your emotions are under control,” said Stacy Francis of the Institute for Divorce Financial Analysts. “Big decisions made in an emotionally unstable state of mind usually turn out to be expensive and non-sustainable ones.”

From budgets, assistance with retirement planning, taxes, and estate matters, a skilled divorce attorney can point their client in the right direction to ensure the MSA and any child support or spousal support will be adequate for the long term. Their team of experts will go over the consequences of keeping one asset over another. Typically, one of the biggest challenges is to determine if it is better to keep the marital home or negotiate for the pension or retirement plan.

“A house requires income to pay for repairs, maintenance, improvements, property taxes, and assessments; a pension, however, produces income without costing income,” said Garrick G. Zielinski, president of Divorce Financial Solutions. “You cannot sell a windowpane to put food on your table during your retirement years. It’s not how many assets you have – it’s what you can do with the value of those assets that matters most.”

In Orange County, Irvine divorce attorney Gerald Maggio helps clients focus on the important financial and parenting matters during their divorce proceedings. The Maggio Law Firm is known for their personalized attention and assisting clients with all the documents, details, and financial questions. They are a valuable advocate that upholds their client’s rights as they push toward a fair and expeditious divorce settlement.

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

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