Divorce and Child Custody — What You Need To Know

Divorce is rarely easy, especially when there are children involved.  No parent wants to give up time with their kids and sometimes one spouse puts up a big fight over child custody just to be difficult.  An experienced divorce lawyer can help you through this.

Many California divorce cases commence with a battle over the custody of the minor children, with both parents pitted against each other for the parenting rights to their child or children. Traditionally, the mother was given total or a majority of custody.  However, more California courts are recognizing that fathers might be the more appropriate parent for the children to live with.

Here are four general arguments against shared parenting that your soon-to-be-ex will probably use:

(1) Custody should go to the historic “primary caretaker,” which most typically has been the mother;

(2) Children need a “stable environment” and therefore should not spend equalized time with both parents;

3) Children should not be exposed to post-divorce parental conflict; and

(4) Shared parenting is unworkable because it is not practicable if the parents do not reside in the same community.

If you want your children to live with you at least half of the time, you need to hire a skilled divorce lawyer.  The knowledgeable divorce lawyers at Foresight Legal Group can help you through every step of your divorce, from child custody to asset division.

Having a Baby? It’s Time to Update Your Will.

If you’re pregnant, or considering having a baby, you’ve probably heard how important it is for you to either write a will for the first time or re-write your existing will.  And if you’re like many people, you’re probably wondering why you need to wait to give birth to change your will or why changing your will immediately after you give birth needs to be such a priority.  An experienced wills and trusts attorney can help explain the answers to these very reasonable questions in detail.  In the meantime, here are a few reasons why updating your will to include your newborn is of the utmost importance.

First, you cannot update your will until after your baby is born because you need to explicitly name your beautiful child in the will.  However, before your child is born you need to consider naming a guardian for your child.  It’s a good idea to ask your child’s potential guardian if they feel comfortable accepting this role before you include them in your will.  Naming a guardian is especially important if, for some reason, you do not want your child’s living parent to obtain custody of your child in the case of your death.

Second, you want to make sure your assets go the individuals (family members, friends…) you want them to go to.  If you and a knowledgable estate law attorney properly structure your will, your assets will pass to these individuals.  Without a will, CA state law presides and certain family members and / or friends might not receive the assets you had designated to them.  More to the point, you want to be certain your child is protected and receives everything you want him or her to receive from your estate.

If you are pregnant or considering having a child, reach out to a knowledgeable estate planning attorney today.  The experienced attorneys at Foresight Legal Group are available online or by phone — contact them today!