Nov 19
Family law is an area that involves family relationships and issues. It can encompass anything from adoption finalization to divorce proceedings. No matter what type of family matters need to be decided, an attorney who specializes in this area of law will make the process a little easier.
An Irvine family law attorney should be well versed in all areas of California family law. Major life changes often take place as a result of the decisions made in these cases, and an experienced, compassionate staff can help clients survive the emotionally taxing process and win the case. It is important to choose a lawyer and firm that will handle each client on an individual basis, taking the time to get to know the client and family and understand the extenuating circumstances of each unique case.
An Irvine family law attorney will be experienced in the various aspects of family law. The most common cases handled in this area are divorce settlements, where a competent attorney is essential to protect the rights of the client and ensure the settlement is fair and reasonable. Divorce is one of the most stressful events a person may ever experience, but the right lawyer can make that difficult time a little easier to handle.
Child custody is often an element of divorce proceedings and can be very emotional and stressful for all parties involved, including the children. It may be difficult to determine where the children should be raised – and who should raise them – when parents split up. When the parents cannot agree on this issue, it is up to the court to decide where the children should live. This is usually done in the “best interest of the child”, although this can be difficult to determine. An experienced Irvine family law attorney can help ensure that a child custody case goes as smoothly as possible and that the rights of his client are firmly protected during the process.
Once child custody is determined, child visitation must also be addressed. This agreement will allow the non-custodial parent a prescribed amount of time with the children so that relationships are preserved in the family unit. The standard visitation order will allow the non-custodial parent to have the children one night a week and every other weekend. It also splits time during holidays and school vacations. If changes need to be made to this standard visitation order, an Irvine family law attorney can make sure those changes are done correctly and with the best interest of his client in mind.
Other areas that an Irvine family law attorney may handle include adoption proceedings, paternity cases, prenuptial agreements and restraining orders. Domestic violence is another stressful situation that may call for the services of a lawyer specializing in the area of family law. When searching for an attorney for any of these cases, it is important to look for a firm that specializes in this area of law to ensure the case is handled in the most professional way. The right attorney will make all the difference in dealing with these difficult situations compassionately and competently.
By: Justin DiMateo
Tagged with: Adoption • Best Interest • California Family Law • Child Custody Case • Child Visitation • Compassionate Staff • Competent Attorney • Divorce Proceedings • Divorce Settlements • Extenuating Circumstances • Family Law Attorney • Family Matters • Family Relationships • Finalization • Irvine Family • Lawyer • Life Changes • Matter What Type • Stressful Events • Taking The Time
Nov 08
Contrary to popular belief, probate lawyers are no different than other lawyers. Probate lawyers work closely with a family member to help with proper distribution of assets after the client has passed away. This article will help you select a lawyer; it may be easier than you think to find a good one.
It is a good idea for you to understand the workings of the probate system before you go in search of an attorney. Upon death, the deceased\’s estate enters into the process known as probate. The reading of the will takes place and the person’s estate is distributed as planned. Sadly, this is when the feuding between family members usually starts. Survivors often find themselves in a conflict because the deceased has not left a will or the will has not been updated for a long time. When someone close to the deceased challenges the will, it then must go through the courts.
A probate lawyer\’s job is to defend his or her client\’s interests. If you are in need of an attorney, it is in your best interest to choose someone familiar with you, your family, and the estate. In challenging a will, consider selecting someone who knows you already, such as a family attorney who is acquainted with you, but did not write the will.
In some situations, use of the family attorney is inappropriate. For example, if you and your sibling argue over your diseased father\’s estate, neither of you can appropriately use the family attorney. If you and your sibling were on opposite sides in a legal dispute, attempting to use the same attorney would be useless for both of you. An attorney cannot represent both parties in a case, as that would be a conflict of interest. To avoid this you should choose an attorney who knows you, rather than one who is the family\’s lawyer.
The majority of people will likely never have the need for a probate lawyer, so you might not have considered it a high priority to have one. However, almost everyone will require a lawyer at least once in their lives. Because typical lawyers deal with wills and probate, your family can benefit thoroughly from the services of an attorney with whom you have a trusting relationship.
By: Lindsey Malberg
Tagged with: Assets • Best Interest • Challenges • Conflict Of Interest • Contrary To Popular Belief • Family Attorney • Family Lawyer • Family Member • Family Members • High Priority • Lawyer Job • Legal Dispute • Long Time • Probate Attorney • Probate Lawyer • Probate Lawyers • Probate System • Proper Distribution • Sibling • Survivors
Sep 17
Legitimation in Georgia is the legal process a father must take to obtain parental rights to a child born out of wedlock. Only the biological father can petition the court for legitimation in Georgia. Prior to legitimation, the mother is vested with all parental rights. It makes no difference if the father’s name is on the birth certificate or if the child has the father’s last name. In Georgia, an order of legitimation is necessary for the biological father to be recognized by Georgia law as the legal father. The father, however, has no absolute right to having his petition for legitimation granted. The mother can contest the legitimation in Georgia by alleging that the petitioner is not the biological father or that he is unfit. The court will decide whether the grant a petition for legitimation in Georgia based on the best interest of the child involved. An Atlanta family law attorney can guide you through the process of obtaining an order of legitimation in Georgia.
Once the father legitimates the child, the child and the father can inherit from one another as if the child had been born in wedlock. Going through the process of legitimation in Georgia is the first step to obtaining Georgia child visitation rights or custody in Georgia. It is important to note that a father is obligated to pay child support in Georgia regardless of whether he legitimates his child. This obligation can be established by a paternity suit in Georgia. Often, however, a Georgia child support order is established at the same time as the order of legitimation in Georgia. In fact, the new Georgia child support laws require that both parties to a legitimation action file a child support worksheet.
Courts often decide visitation rights in conjunction with a petition for legitimation in Georgia. Unless the parties agree otherwise, the court will typically order standard visitation. Standard visitation in Georgia includes every other weekend (usually beginning Friday evening and ending Sunday evening), alternating holidays and a few extra weeks during the summer months. An Atlanta family law attorney can advise you as to different options for visitation.
Generally, courts cannot decide issues of custody in a Georgia legitimation proceeding. The father does have an equal right to custody once he legitimates the child, but he must bring a petition for custody in a separate action. The exceptions to this rule under Georgia law are if the mother consents to consideration of custody, if there is no other legal guardian of the child, or if the mother is deceased.
As with other matters involving children, legitimation in Georgia can be a difficult process. It is always a good idea to have an Atlanta family lawyer on your side.
By: Mike Jonesan
Tagged with: Best Interest • Biological Father • Birth Certificate • Child Born Out Of Wedlock • Child Support Laws • Child Support Worksheet • Child Visitation Rights • Conjunction • Family Law Attorney • Friday Evening • Georgia Child Support • Georgia Family • Georgia Law • Legitimation • New Georgia • Obligation • Parental Rights • Paternity Suit • Petitioner • Standard Visitation
