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FAMILY- FATHER AND MOTHER I LOVE YOU
by: Jinky C. Mesias
One of the saddest and ugliest parts of divorce is the fight for child custody. Children are torn between parents. They experience mental and emotional stressed. They feel confused on which parent they are to go and live with. Before we go all mushy let us first define what child custody is. Child custody refers to the package of rights as well as responsibilities that a parent holds with respect to his or her child. Child custody covers a wide spectrum of concepts. The basic essence of child custody is to find the best interest of the child and not the individual interest of the parents. In some states they follow a general rule and that is for parents to have a continuing and frequent contact with the child.

There are different types of child custody and these are as follows: a) legal custody, wherein a parent with legal custody is allowed to make certain decisions regarding the health, welfare and education of his or her child, b) physical custody, is a legal fight for the actual or physical right to be with the child, c) sole legal custody, involves the awarding of sole legal custody to one parent thus giving the sole legal parent the right to decide on the child’s health, education and welfare, d) sole physical custody, is when one parent is awarded the sole physical custody of a child meaning the child will live or remain with him or her and the other parent is not given any right from having physical custody of the child especially when the other parent has been found out to abused and neglect the child, e) join legal custody, wherein both parents are given the right to participate in decision making regarding the health, education and welfare of their child, f) joint physical custody, is where both parents have the right to be with the child and also allows both parents to conduct a parenting plan in order to settle on the schedule of taking care of their child, and the last one is g) shared custody, is wherein both the parents have equal share when it comes to the legal as well as the physical custody of the child.

As you may have notice all the different types of custody involves custody and visitation. The factors as well as the circumstances taken in consideration by the court in determining whether a parent can have custody and visitation rights are basically the same. The child visitation refers to the time given to a non-custodial parent to be with the child. On the other hand, the custodial parent’s rights to be with the child are subject to the non-custodial parent’s right to visit the child.

Together with child custody is parenting plan. This plan refers to the agreement between the parents as well as the court order in which provisions for custody and visitation rights are defined. The parenting plan also determines whether each parent or both have the capacity to make decisions with regards to the health, education and welfare of their child. The plan also includes schedules in which the non-custodial parent can spend time with the child.




About the author:
Jinky C. Mesias is a graduate of Bachelor of Arts and Sciences in Business Administration Major in Business Management. She is at present an Associate Manager of a Life Insurance Corporation and a freelance writer.

For suggestions and comments kindly visit Los Angeles Attorney Legal Services


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 Seven Sets of Documents You Need For Your Divorce
 by: Scott Morgan

This article is designed to give someone who is considering or planning for the possibility of divorce an idea of what documents are needed. Even if you believe your case is ultimately agreed to and settled without a trial, you will be in a much better position if you already have the relevant documents in your possession. Better safe than sorry.

You should locate the relevant documents, make copies, and keep them somewhere secure, like your office or with a friend. You will then have access when it is needed.

Here are the most important seven categories of documents you should focus on.

1. Income Documents

Your spouse's income is relevant to a number of issues in a divorce case. At a minimum, get your spouse's last paycheck statement and your most recent tax return. Ideally, you would have access to all tax returns filed during the marriage, along with all supporting documents and schedules.

2. Bank Records

The monthly bank statements are very important and can lead you to other documents (cancelled checks, deposit slips, registers, etc.) that you also may need to obtain. Get at least the most recent statement for each account that is either held in your name, your spouse's name, or jointly. If possible, get copies of all statements going back to the date of marriage. In most cases this volume of records is not required, but in some cases these records can be very helpful and even necessary to analyze the case.

3. Retirement and Other Investment Records

Often the biggest asset a couple will own will be a 401k or pension account. So you will definitely want the most recent account statement and ideally all statements dating back to the time of marriage. Also, the last statement prior to marriage can be very significant (especially in community property states) to show the pre-marriage balance.

4. Credit Card statements

Again the most recent statements are a necessity, but a lot of important evidence can be garnered from the historical statements. In some cases, the credit card statements will show questionable transactions that can be of real evidentiary value. For example, they might show evidence of gifts or dinners purchased for paramours, questionable hotel rentals, or other dubious purchases.

5. Real estate documents

The most important real estate documents are the Deed of Trust and Warranty Deed for any property you currently own. If you have the entire file from (the giant stack of paper you got after the closing) for each real estate purchase or refinance transaction during the marriage it can be helpful. Additionally, documents evidencing real estate owned by either spouse prior to marriage can be significant, especially in community property states.

6. Mortgage statements & any Other Debts

You should get the most recent statements showing the current payoff balance for any other debts. For those debts that have only a coupon book with no regularly generated statements showing the current balance, you will probably need to contact the creditor by phone for the current payoff information.

7. Relevant emails or other correspondence

Correspondence or emails can be extremely helpful (or damaging, depending on your viewpoint) pieces of evidence in the case. Whether the communication is between spouses or between a spouse and some third-party, the communication is potentially relevant. Two common examples would be where your spouse makes a damaging admission about some issue in the case, or communications with paramours.

Conclusion

Determining which documents you need to obtain for your divorce case can be a very time-consuming and daunting task. Use this list as a starting point and discuss your situation with a quality divorce attorney. This person should be able to advise you specifically on the documents you need to obtain in order to protect your interests.


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