By Trevor Kassulke

Couples go through good times and bad. There are going to be ups and downs that each couple will have to face. However some people jump to the conclusion that they have to get a divorce. This may not have to be the case. For some couples it may be easy to get through the rough patches and for others, there is no end in sight.

If you are fighting a lot and never getting along, you may need to work on your relationship. Some people feel as if they are alone in their marriage and that they have no help or respect. These feelings can lead someone to feel as if they are not happy in their marriage anymore and it may open their eyes to getting help to resolve the issues that are making it hard to find the happiness that every couple deserves.

When you think that your marriage may be in trouble, you have to do whatever you can to make sure that you are coping with it as best as you can. Some people prefer to go through counseling when their marriage is in trouble.

Marriage counseling is a great option to try before thinking of divorce. Counselors help couples to discuss their problems and to find solutions that will work for both parties. For some couples this is the only help needed to get through rough times.

For some people marriage counseling isn’t the way to go. Some might want to try a one on one session with a therapist. This professional will discuss your situation and give you advice that can help you to become a better spouse. This is an option that people with anger management issues that are tearing apart the fabric of their marriage can use to help them fortify their relationship and avoid divorce.

It is possible that the problem you are having is a personal issue that one of you have and making some changes in how you live your life may help. A therapist can help you to discover areas that might need work as well as giving you advice as to how you can make the changes you need so that you can get your life back on track.

There needs to be two way communication going on in your marriage at all times, make sure that you are talking with your spouse and discuss any issues that you are having difficulties with. Don’t be afraid of letting your feelings show or letting your spouse know that you feel things need to change. When you have open communication your marriage will be stronger.

When none of the above work for you, it may be time to let go and get a divorce. You might have to do this so that you are able to be happy and have the life that you deserve. There is no reason to stay in a marriage that is not working for both of you and only bringing you down. You should be happy and you need to think about it so that you are able to feel better about your marital decision.

In his book on divorce and separation, Colin P Kaye explains why it is very important to be nice through a divorce and separation Visit his site and you can receive an quality no obligation report.

Article republished from Copy & Paste Articles

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Believe it or not there are 26,459 active, resident practicing attorneys in Georgia. How do you choose the one that best fits your situation? It can be overwhelming to say the least. Please note: the below suggestions constitute my opinions only. I have been plaintiff’s litigation legal assistant specializing in cases of catastrophic injury and wrongful death involving aviation accidents, automotive and general products liability, car, truck, and construction accidents, medical malpractice, and premises liability for over 18 years. I have seen the good, the bad and the ugly. Below are my suggestions for finding the attorney best suited for you.

• Ask your relatives, friends, and business colleagues for a reference. Needless to say, if they will recommend an attorney they have used, then they were satisfied with the services provided.
• Do you have a friend or relative in the legal profession? Of the 26,000 attorneys listed as active in Georgia, they have staff. Chances are you have a friend, neighbor or relative who is associated with the legal profession. Ask who they would choose if they needed an attorney.
• Contact your local bar association. This could be on the city or state level. Although the attorneys who are listed as members pay a fee to be on the referral list, they must adhere to strict ethical standards and must be in good standing with the state bar.
• Finally, shop around. There is no limit to the number of attorneys you can interview prior to choosing one. I recommend contacting and meeting with at least 3 prior to making a decision.

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Find a Lawyer That’s Right For Your Case

The legal field has been evolving since the days of Hammurab,i a Babylonian emperor who lived during the 18th century B.C. established the first legal code in recorded history. In the nearly 4,000 years since, the field of law has become a whole lot more complicated. As a result, it can be a real challenge to find a lawyer who is right for your case. As it is with medicine, so it is in law; there are many, many different specialties.

The divorce attorney

With the increased recognition of women’s rights and value of contributions to the family and household, laws protecting women and children have become much more complex than in the past. “Marriage is grand, divorce is twenty grand,” as the old joke goes – and you’ll need a good divorce attorney to protect your interests.

A divorce attorney is a specialist in family law. This is an area of the law that defines the rights and responsibilities of parents toward their children and toward each other. Granted, a divorce is much simpler when there are no children involved, but the property division issues can be acrimonious, especially if the woman made substantial contributions. A lawyer referral can lead you to the right attorney for cases like these.

The personal injury attorney

If you have been whacked by some bimbo driving an SUV with a load of screaming kids, her cel phone glued to her face and a latte in one hand, you’ll want to consult a personal injury attorney. This is a lawyer who specializes in the field of torts, or personal injury issues. If your attorney primarily works with you on contracts and business issues, s/he may make a lawyer referral to a personal injury attorney in order to make sure your rights are protected and that the party who injured you and the insurer that’s supposed to be covering do the right thing.

Options

These are just two of the more common legal areas for which people must find a lawyer, but an attorney search will show you that there are many more. Your best options are the Yellow Pages or the Internet. The latter is actually one of the most effective ways to conduct an attorney search; simply entering your legal problem and your location into your favorite search engine should return several hundred results.

Source: http://www.articleheaven.com/article_552784_18.html

The existence of children is caused by impregnation, wherein two parties, male and female, are involved. Child support laws exist on the premise that the cause is responsible for the effect, which determines who will be responsible for ensuring that children enjoy the financial security of a two-parent home: namely, the biological mother and father.

An Introduction to Child Support Law and Guidelines

Because the moral basis for child support laws are so self-evident, they have not suffered questioning or debate; and, as a result, it has been possible for the state to formulate a standard equation (called a guideline) that, in all cases, determines who will pay child support and how much that child support will be. Simply, it balances the difference of each parent’s income against the difference in time that the children spend with each parent, while accounting for the number of children involved. (See the link at the end of this article for a child support calculator.)

Moral Basis of Child Support Laws:

1. Children should enjoy the financial security that a two-parent home would have afforded them.

2. A cause is responsible for its effect. In this case, biological parents are the cause that effects a child.

While the primary function of child support laws is to ensure that children are provided for, the principle of responsibility ensures that neither of the responsible parties is taken advantage of in the process, and the equation reflects this.

The Intended Fairness of Child Support Decisions

Because child support rulings have become so standardized as to follow a set equation, the litigation process is mostly concerned with defining the variables of income and time spent in custody of children. While these two factors seem straightforward, they are not. Establishing either of these in court is a matter of some expertise. And should either of these factors be misrepresented, the monthly amount due in child support will vary greatly, most likely to one’s long-term disadvantage; or, if misrepresented in one’s favor, whether intentionally or not, could be grounds for a charge of perjury. (Also, there is the issue of paternity and maternity, but science makes this a simple matter of DNA analysis.)

The fairness of a child support decision depends on the full and accurate representation of one’s financial circumstances and custody allotment at the time of the decision. Provided that these two factors have been accurately represented, the guideline will yield a fair decision for all parties. But, should anyone’s financial circumstances change or should the time that the children spend with each parent change, the ruling that was previously fair and balanced will have become unbalanced and unfair. Therefore, it is important that child support orders be updated when circumstances change.

Exceptions to a State’s Child Support Guidelines

There are exceptions to the use of the state’s guideline or standard formula. If both parents agree to a non-guideline amount, and if the judge agrees that the amount is in the interest of the children involved, this amount can serve as the court’s ruling, in place of the default or guideline amount.

Possible Rulings in a Child Support Case:

* Guideline Ruling: with the assistance of their attorneys, both parties establish their income and custody allotment. The judge then plugs these factors into a state formula called a guideline, yielding the child support amount.

* Non-Guideline Ruling: though both parties have been informed what the guideline ruling would have been, they agree to an alternative amount. The judge decides whether or not this amount is in the interest of the child/children, and, if it is, this becomes the child support amount.

What To Do When Parental Support or Circumstances Change

If you should be receiving child support and are not, or if you are receiving child support but either your or your former spouse’s financial or custodial circumstances have changed since the ruling, consider the following courses of action.

Anyone receiving public assistance may contact his/her local Child Support Services center in order to open or reopen a child support case. Otherwise, one has the option of representing oneself in court or hiring a family law attorney.

While one is entitled to represent one’s self in court, this is never advisable. The law and its procedures are highly complex, with many nuances, and ignorance of the law is never acknowledged. The judge will proceed as if you know the law completely, and every statement you make or don’t make will hold you accountable as if you had a license to practice law.

Possible Courses of Action:

* Contact Local CSS: if you are receiving public assistance, the local Child Support Services will handle your child support case, as well as the enforcement of a prior case.

* Hire an Attorney: if you are not receiving public assistance, this option is strongly advised, in order to ensure that you are, in all respects, properly represented and receive a fair ruling.

* Represent One’s Self: this option bypasses the fees involved with hiring an attorney, but misrepresentation due to ignorance of the law could result in far greater financial consequences in the form of a higher child support amount, or even charges of perjury.

In Conclusion…

The law has concluded that it takes a male and a female to conceive a child. Therefore, the law recognizes that both parties conducted their affairs in such a way as to bring a child into the world, so both parties have a responsibility to the child to provide parental care and support. Both parents remain legally responsible for the care of their children until the child is 18 years of age, or until all children have passed their 18th birthday.

But, in the course of a child’s upbringing, the financial circumstances of one or both parents might change. Job promotion or loss could significantly affect a parent’s income status in such a way as to nullify the fairness of the original child support judgment. Either party has the right to request their child support case to be reevaluated by a judge, taking into account the current financial condition of the parties involved.

If you are concerned about the validity of your case, please consult an attorney for advice.

Written by Amerion Abler. If you need a California family law attorney, contact the Law Offices of Dishon & Block, APC at 877-347-7658 or www.cadivorce.com.

Parents of children with special needs face unique and often troubling obstacles when attempting to financially plan for the future. Most often, these parents substantially rely on supplemental security income (SSI) benefits through the Social Security Administration, which helps to pay for treatments and necessary special needs programs.

The dilemma faced when planning for the child’s financial future is that an outright bequeath to a child will most likely disqualify them for public assistance, and the child is also most likely unable to care for themselves. Parents are often faced with the very real possibility of having to disinherit a child in order to preserve the child’s right to receive SSI benefits and other public assistance.

The main goal of an effective financial plan for a special needs child is to provide funds for living without limiting the child’s access to available benefits. A Special Needs Trust helps parents accomplish this goal.

The development of the Special Needs Trust arose because of the need for a vehicle that would enable parents to deal with various governmental restrictions on how it disburses benefits. This planning device is generally based largely on Social Security Administration guidelines which permit payment for certain services without negatively affecting SSI benefits or eligibility status. To achieve its goal in preserving public assistance eligibility, the Special Needs Trust must be carefully structured as a fund which supplements, without supplanting, SSI provisions for the child’s needs in areas such as housing, food and clothing.

As with most trusts, a Special Needs Trust requires four essential elements: (1) a corpus (the money or assets placed in the trust); (2) a beneficiary (the special needs child); (3) a trustee who distributes the funds and has discretion over such disbursements; (4) a purpose, often set out in the trust document, which guides how the funds will be distributed. An attorney experienced in trust creation and maintenance should be used in order to ensure that the trust document accurately and effectively accomplishes its goal.

The trust document must accurately describe the relationship between the corpus, the trustee and the beneficiary. In order to maintain its discretionary nature, the beneficiary must be kept from personally receiving the body of the trust for any purpose other that set out in the document itself. The trustee’s role is the most important aspect of the Special Needs Trust. When choosing a trustee, the settlors (parents) of the trust must elect a person of trustworthy character who will fulfill his or her fiduciary duties to the beneficiary. The trustee should generally be prohibited from giving cash to the beneficiary, as doing so could cause the cash to be considered income, affecting the beneficiary’s eligibility for SSI benefits. The most important element of a Special Needs Trust is the trustee’s absolute discretion in determining the timing and amount of distributions. The discretionary status of the trust is necessary in order to keep the beneficiary eligible for public benefits. While there is no formal mechanism to ensure that trustees uphold their duty to provide for the child, if it is found that the trustee failed to inquire as to the welfare of the beneficiary they may be held personally liable for their failure to inquire into the beneficiaries status.

See, Marsman v. Nasca, 573 N.E.2d 1025 (Ma. 1991).
Without absolute trustee discretion in making distributions, the trust corpus could be deemed income of the child, disqualifying them from SSI or Medicaid benefits (in Massachusetts, individuals who are eligible for SSI benefits are automatically eligible for Medicaid benefits). It is important to keep in mind that the purpose of the trust must be to add to and not replace existing governmental benefits. The trust document must explicitly instruct the trustee only to make distributions for items which are not covered by government benefit programs.

It is not necessary that a Special Needs Trust be created with funds sufficient to provide for care of the child over their entire lifetime, but at some point over the course of the trust this goal should be achieved. An experienced attorney with financial and estate planning expertise can help design the means to achieve this goal. With the assistance of an experienced attorney, there are several steps that parents can take to work toward adequate funding. Some potential strategies include (1) using the Special Needs Trust as a pour-over trust, with the trust to receive a portion of the parents’ estate on their death; (2) directing investment income into the trust; (3) placing real property into the trust as part of its corpus; and (4) encouraging family gifts to the trust, rather than directly to the child. There are many options available to the parents of a special needs child in order to ensure that the child is able to achieve adequate assistance over the course of his or her life. An experienced estate planner can advise any concerned parent of every option available and can help to achieve the most optimal and efficient vehicle for providing assistance to the child over the course of his or her lifetime.

This article was written by Nicholas J. Deleault, who writes estate planning articles for Goldstein and Clegg, LLC

Article Source: http://EzineArticles.com/?expert=Nicholas_Deleault

A grandparent DNA test helps to confirm the relationship between a child and an alleged grandparent. This test is based on the fact that a child receives half its DNA from each parent and that parent in turn receives half its DNA from each of its parents. A portion of the grandparents DNA is therefore passed on to the child and it is this which can be tested to prove whether a child really is a grandchild or not.

A grandparent DNA test may be done using samples from one or both grandparents on one side, the child, and preferably a parent. Some grandparent DNA tests may require that both grandparents be tested, while others allow for just one grandparent to be tested.

Grandparent DNA tests are done in the same way as other DNA tests and can be ordered through a laboratory that does grandparent DNA testing or online. DNA samples are then collected, generally through a swab of the inner cheek. These samples are sent to the laboratory and the geneticists will compare the DNA samples from the grandparents, grandchild and parent (where possible).

Grandparent DNA tests are generally done when the alleged father (the grandparent’s son) is missing or deceased and the grandparents still want to (or need to) know whether the child is biologically related to them. It can also be done in the case where the mother is unavailable and her parents are tested to see if they are related.

If grandparent DNA testing is done for legal reasons you will need to ensure that there are witnesses to the DNA sampling and so it is usually necessary in these cases for the DNA tests to be done in a laboratory. If it just for piece of mind you can order a home DNA test kit and take your own samples to send to the laboratory.

In conclusion, grandparent DNA testing helps to establish the relationship between a child and its alleged grandparents. This is done by collecting samples from one or both grandparents on one side, the child, and preferably a parent. These samples are then analyzed by the laboratory who can tell by comparing the DNA samples how likely it is that the child is the grandchild of the alleged grandparents.

Learn more about genealogy test on our site. You’ll also find other information such as paternity testing and DNA test labs. GeneticDNATestingHelp.org is a comprehensive resource for people who are interested in gentic DNA testing for paternity, genealogy, or medical reasons.

Article Source: http://EzineArticles.com/?expert=Rich_Fuller

For the majority of cases, one to two mediation sessions will resolve the issues surrounding the proposed parenting plan. It is important to understand that a mediator will not act as the arbiter in your custody case—that is the role of a judge; additionally, the term ‘mediator’ is not synonymous with ‘counselor’. Though, many mediators hold a master’s degree in counseling or social work, their role in custody cases is to help both parents come to an agreement regarding the welfare of the child. The mediator is a neutral party who will illuminate various options concerning visitation and act as a support for the parties involved.

Mediators are knowledgeable about the judicial system of the state where they practice. They can answer any questions you may have regarding the custody process. They will work with the parents to resolve every issue pursuant to the parental custody agreement–right down to the child’s method of transportation to and from each parent’s home.

If the mediation process does not end in an agreement between the parents, some counties allow the mediator to make a recommendation for the judge’s consideration. Other counties hold that the subject matter discussed in mediation is completely confidential. However, if your mediator hears evidence of, or is suspicious of child abuse, the mediator must report it to the judge. Mediators are required by law to do so.

If the mediation process does not progress smoothly, then there will be a court hearing or settlement conference with the judge. During this process, the judge will make decisions upon all issues, which could not be resolved during mediation. These decisions commonly include matters of custody and visitation rights, but it can also involve the request of a psychiatric evaluation of either party.

Many decisions regarding the welfare of your child will be decided in the court hearing. The major issue in most divorce situations is usually that of custody. In some cases, a sole custody order will be granted.

There are three types of sole custody orders. Exclusive custody means that one parent holds primary physical custody; this parent has the right to make judgments regarding the child’s health, education, and residence. The second type is sole legal custody wherein one parent holds the decision-making powers regarding health and education, but does not control the child’s residence. The opposite of legal custody is sole physical custody; in this type of custody, the child will live with the primary parent and the secondary parent will have visitation rights, which are subject to the decisions of the primary parent. In this type of custody, the primary parent cannot make decisions regarding the child’s health, safety, and education without the permission of the other parent.

The other types of custody fall under the heading of joint custody. With pure joint custody, parents collaborate on the methods they will use to rear the child and the child’s residence is shared between the two of them. With joint legal custody, both parents will share in the decisions regarding the child’s education, health, and safety. The third type is joint physical custody wherein the child will divide his/her residency between the two parents. This does not mean that the residency will be equally shared, however it does stipulate that the child must spend a considerable amount of time with both parents. Divided custody stipulates that both parents will retain custodial rights for finite periods; for example, if there are two children in question, then the son might stay with the mother for a period of time and the daughter will live with the father during that same period. In this situation, visitation rights are still available for the non-custodial parent.

In unique situations, the judge may find that neither parent is fit to have custody of the child in question. In such circumstances, he may grant custody to someone other than the child’s parents. In non-parent custody, the guardian will make decisions regarding the child’s health and well being, but the parents will retain some visitation rights.

When deciding upon the custody of a child, the judge’s main concern is the welfare of the child. That said, the judge will only consider a parent’s emotions, opinions, and financial background, so much as these factors affect the child’s best interests. Thus, there are many factors that may influence a judge’s decision. The judge will first consider the child’s health and safety; once that factor has been taken into consideration, the judge will also examine whether either parent has displayed a history of physical abuse. The judge will often require evidence of abuse in the forms of a police report or feedback from child protective services.

The third factor in the determination of custody is that of violent crime. For example, unless the judge decides that there is no significant risk for the child, California law finds that a parent who has been convicted or is registered as a sex offender is not a fit parent. Thus, those who fall under this category will be subject to supervised visits only. With other violent crimes, a parent can be denied all visitation and custody rights. This rule applies if one parent is convicted of the first-degree murder of the other parent or if the child is the result of a rape.

Other considerations include that of drug or alcohol abuse and stability of the environment. It is imperative that the child be reared in an environment where he/she can feel safe; therefore, a parent’s history with illicit drugs can factor into the custody hearing. Also, any other circumstances that may negatively affect the stability of the child’s environment will be examined.

Lastly, sibling separation and the child’s wishes are considered. Generally, California courts frown upon splitting up siblings as it may negatively impact their emotional well being. Also, any child who is of age to reasonably consider which parent they would prefer to live with is allowed to give the court feedback on the custody case.

It is important to note that the decisions made during a custody hearing are malleable. If circumstances amongst the parents change, then there may be a modification made to the custody agreement. Some examples of circumstances that may later affect custody include: a residency change, evidence of abuse, or the child wishes to decrease/increase visitation with a specific parent.

Divorces are difficult, and the added concerns of child custody, make the process even more frightening to the person who does not know what they should expect from the process. With the right information at your disposal, you will be better prepared to complete the process without fear of getting a raw deal. It is our hope that with this information, you can enter into divorce proceedings, armed with the information that will help you to get a fair judgment from the legal system.

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In divorce proceedings, many issues can become a flash point for dispute. Mediation is one tool that attorneys and judges use to work out the issues that keep couples in conflict. One of the biggest challenges in dispute situations is the issue of custody. We will show you in the article the various legal definitions involved in custody law, so that you will be able to make the best decisions about what will be the best course of action in your particular situation.

Amerion Abler writes about divorce & child custody. If you are a Orange County California resident, seeking a divorce in California, then Dishon & Block, APC, Attorneys At Law will help protect your interests. Their California family law attorneys have helped many people just like you. Visit: http://www.cadivorce.com/

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