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Lafayette Family Law Blog

Can the other parent move away with my child?

Life is full of changes. People get new jobs, new relationships and new ideas for their futures. Many of these changes require moving from one state to another; however, when child custody orders are in place, there are limits on what parents can do without permission from the other parent and/or the court.

If your ex is planning to move away with the child you share custody of, then you should know that you have rights and the court has final say over the matter. The other parent usually cannot decide to move out state with the child without permission from you and/or the court.

Twins with 2 dads shows paternity testing's value

There are many variations on the theme of family these days. About the only thing that remains traditional about the process of creating a family is the fact that it requires the egg of a woman and the sperm of a man to get things going. Beyond that the door is wide open. Egg and sperm may get together in the bottom of a Petri dish. The zygote may be implanted in a womb, but not necessarily that of the woman who provided the egg.

One other tradition that enjoys some staying power is the state's desire to make sure that a child has the support he or she is bound to need to hopefully become a productive member of society. Paternity is a big focus of attention in this scenario, as we noted in a post last year. Regardless of the process that was taken to bring a child into the world, the court wants to be sure the best interests of the child are served.

Handling division of debts in divorce: work with experienced advocate

When people think of divorce as it is portrayed in the media, there is a tendency to think about how much money or property each party will be getting as part of the divorce settlement or order. This is natural, because people are fascinated by the sheer amount of money involved when the rich and famous end their marriages.

What is often not considered is that divorce involves not only the division of assets, but also the division of debts. And while the rich and famous may not have to worry too much about significant debts in divorce, many more ordinary couples do. 

Positive answers to common co-parenting questions

If asked about your concerns related to co-parenting, you may respond, “Where do I start?” Co-parenting is often a complex and challenging venture. Thankfully, many individuals have successfully navigated their own co-parenting relationships and may be able to provide you with positive and affirming answers to many of your most pressing concerns.

Certainly, if you have legal concerns about your co-parenting relationship, it may be best to ask your attorney about these issues directly. However, many co-parenting concerns are more practical than they are legal in nature. For example, you may be concerned about how to best support your children given the challenging makeup of your co-parenting relationship.

If you and your fiancee or spouse want to avoid divorce

If you are either happily engaged or married, you may be surprised at how often you worry about the possibility of divorce. This is a normal concern. No matter how wonderful things may be now, the unexpected may lead you and your romantic partner to grow apart. However, the fact that this worry is normal does not make it easy to stomach. Thankfully, there are things you can do to ease your concerns.

For better and for worse, there is really no way to make a marriage “divorce-proof.” Yet, there are things that couples can do to lessen the likelihood that they will grow apart in unhealthy and/or unhappy ways.

Fears co-parents tend to share

Nearly 100 years ago, Franklin Roosevelt insisted that the only thing that the American people had to fear is fear itself. That observation tends to ring true when applied to many issues in life. Certainly, one can justify numerous fears that extend beyond the core issue of fear itself. However, when determining how to move forward in healthy and productive ways, fear itself does tend to manifest as one’s greatest obstacle.

This is generally true in terms of co-parenting. Certainly, if your child’s other parent is abusive, you have reason to fear beyond fear. If this is so, you may benefit from speaking to your attorney about modifying your child’s custody or placement agreement. However, if your child’s other parent is not abusive, fear may be one of the primary challenges you are navigating on a regular basis.

Divorce, retirement and you

No matter how old you are, if you are currently navigating a divorce, it is time to start thinking about your retirement. The ways in which you and your attorney opt to approach issues of property division during your divorce process will almost certainly impact your retirement years. Especially if you have been married for a few years or more, your property division settlement should be approached with some consideration towards your retirement years.

For example, if you opt to keep your marital home instead of taking your share of your retirement savings, you may or may not be doing yourself a disservice. If you are planning on selling your house at a profit in order to replenish your retirement account and add to it, you may be making a wise decision. However, if keeping your home will essentially eliminate your retirement savings and you hope to stay in your home as long as possible, you may not be making the most informed decision possible.

Looking forward to the positives of life after divorce - Part II

In our last post, we began a discussion about altering one’s perception of the divorce process in order to see the positive opportunities it provides instead of simply the stresses it tends to inspire. There is absolutely nothing wrong with feeling and reacting to divorce-related stresses. However, it is also important to keep the positive aspects of the process in mind while navigating the present and preparing for the future. This perspective shift can help you gather strength and wisdom from this transitional period in your life.

For example, you may be struggling with a kind of loneliness that often accompanies divorcing a spouse. It is both normal and healthy to feel this challenging emotion. However, if you are willing to both process your grief and see the unexpected upside of your loneliness, you may be able to see some inspiration wrapped in this loneliness. After all, an unexpected upside of being lonely without your spouse’s company is that your free time is now yours to spend in any way you wish.

Looking forward to the positives of life after divorce - Part I

We frequently write about the challenges traditionally associated with the divorce process. There is no question that the divorce process tends to be physically, mentally and emotionally trying. However, it is important to reflect upon the reality that pursuing a divorce often leads to a brighter, happier and healthier future. Especially when individuals are willing to view this process as a transition between one phase of life and the next, instead of as a failure of some sort, divorce can act as a catalyst for a happier and healthier existence.

If you are struggling to see the positive opportunities present within the divorce process, you are not alone. Many individuals have a difficult time seeing past their grief, anger and frustration before their divorces are finalized. However, if you are willing to look past your understandably negative emotions even for a few minutes at a time, you may be able to draw strength from specific visions of the future.

How financial 'cheating' may affect a divorce process - Part II

During our last post, we began a discussion about the concept of financial cheating and the ways this behavior may influence one’s divorce process. We asked readers to think of financial cheating as “any time you have lied to your spouse about any significant financial matter or any time you have hidden a significant financial matter from your spouse. It goes without saying that if your spouse has hidden or lied about any significant financial matter that this behavior can be considered financial cheating as well,” for the purposes of this discussion.

We also noted that hiding information or providing misleading information about your finances during the divorce process is not just financial cheating, it can be considered a crime. It is therefore important that you “come clean” about any hidden assets, etc. that you may have knowledge of. In addition, it is important to alert your attorney to any suspicions you have that your spouse may be engaging in financial cheating, as constructing a divorce settlement without factoring this information in may leave you with far less than you deserve.

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