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San Luis Obispo County has close to 1,000 San Luis Obispo attorneys or San Luis Obispo lawyers registered with the State Bar of California. Some popular cities within San Luis Obispo County where San Luis Obispo County attorneys may be practicing law are Arroyo Grande, Atascadero, Avila Beach, Baywood Park, Cambria, Cayucos, Creston, Grover Beach, Harmony, Los Osos, Morro Bay, Nipomo, Oceano, Paso Robles, Pismo Beach, Pozo, San Luis Obispo, San Miguel, San Simeon, Santa Margarita, Shandon, Shell Beach, Templeton, and others. With so many attorneys practicing law in San Luis Obispo County California, how do you find the right San Luis Obispo County divorce attorney or San Luis Obispo County divorce lawyer who can help you with your particular divorce case and/or child custody case?
First, an experienced San Luis Obispo divorce attorney or San Luis Obispo divorce lawyer should have experience and legal expertise in the field of family law. Family law covers a variety of topics such as divorce or dissolution of marriage, paternity, domestic partnerships, child custody and visitation, domestic violence, restraining orders, spousal support, Child support, guardianship, adoptions, community property, division of property, and more. Some San Luis Obispo divorce attorneys may specialize or have more experience than others in specific areas of family law. For example, some San Luis Obispo attorneys are certified by the State Bar of California or an organization accredited by the State Bar of California as a specialist in the field of family law. Currently, San Luis Obispo County has approximately half a dozen Certified Family Law Specialists (CFLS) registered with the State Bar of California. These San Luis Obispo County attorney’s have made efforts to become State Bar certified in the field of family law. In other words, of approximately 1,000 San Luis Obispo County attorneys in California, approximately half a dozen are Certified Family Law Specialists (CFLS). However, just because a San Luis Obispo County attorney is not a Certified Family Law Specialist does not mean he/she is not qualified and/or experienced to handle a San Luis Obispo County family law, divorce and/or child custody case. In fact, there are many well-qualified San Luis Obispo County attorneys or San Luis Obispo County lawyers who do not hold State Bar certifications. If you are searching for a San Luis Obispo County divorce attorney or San Luis Obispo County divorce lawyer and you do not know what to look for or where to begin, narrowing down your search to only those who practice family law in San Luis Obispo County may be a good place to begin.
Further, an experienced San Luis Obispo divorce attorney or San Luis Obispo divorce lawyer should have success representing clients on child custody and divorce cases in San Luis Obispo County. He/she will likely be familiar with the judges, processes, and procedures in the San Luis Obispo County family court which an attorney outside of San Luis Obispo County may not have. However, just because an attorney or lawyer is not located in San Luis Obispo County California does not mean he/she is not qualified and/or experienced to represent you on a family law, divorce, or child custody case in San Luis Obispo County. Ultimately, if you have a child custody and/or divorce case in San Luis Obispo County, you will want to investigate any prospective attorney’s background and experience and choose the right divorce attorney or divorce lawyer you believe can help you with your San Luis Obispo divorce case and legal need.
© 2007 Child Custody Coach
Child Custody Coach supplies information, online materials, and coaching services to parents in the field of child custody, namely, divorce, child custody and visitation, child custody evaluations, 730 evaluations, parenting, and all issues related to child custody and divorce. “How to Win Child Custody – Proven Strategies that can Win You Custody and Save You Thousands in Attorney Cost!” is a unique child custody strategy guide written by The Custody Coach and made available by Child Custody Coach in an easy to read, understand, and apply E-Book format. Custody Match is an online consumer and family law attorney matching service to help you in your search for the right attorney for your divorce or child custody case. Custody Match can help you find the right family law attorney, divorce lawyer, or child custody attorney in your area.
Steven Carlson
http://www.articlesbase.com/divorce-articles/san-luis-obispo-divorce-attorney-96007.html
What is child custody?
Child custody and guardianship refers to the practical and legal relationship between a parent and his child, which includes caring and making decisions for the child. The concept of the terms ‘custody’ ‘access’ or ‘visitation’ have now been replaced by ‘residence’ and ‘contact’. Instead of the courts stating that a parent has ‘custody’ of a child, the child is now being said to ‘reside’ with that parent.
Child custody is an issue that typically rises from incidents such as divorces, annulments and legal actions that involve children. Common statutory provisions state that the child born within a marriage will get the joint guardianship of the parents and the right of either parent to the child’s custody after their Separation is equal.
However, the issues involving residence and contact will be determined based on what the courts see as the most positive for the child’s interests. In fact, legal professionals are already referring to custody and visitation as ‘parenting schedule’ in order to remove any negative connotations about the distinction between the parent who gets child custody and the parent who does not.
Who decides?
Most laws regarding child custody are state laws. In case of a divorce, it is the court which has jurisdiction over the proceedings who will determine which parent or guardian gets child custody. In most cases, parents with children under 18 years of age will be required to file for custody in case of divorce or annulment. For children under 21, both parents will be mandated to provide support following the Child support Standards Act.
Who gets custody?
Child custody is determined on the basis of what the court deems ‘in the best interests’ of the concerned child or children. In cases of parents or guardians separating, the court will decide on which parent will be better able to provide for the child’s needs. Child custody proceedings are child-centered and the standards for custodial awards are designed for the protection of the child.
As long as there is no evidence of misconduct on the part of either parent, their rights to child custody are considered equal. For this reason, the parent’s history, mental state, financial capability and relationship with his or her child will be considered when the court has to make a decision.
In the case of married parents filing for custody or divorce, legal custody of their child or children will be automatically shared between them, albeit temporarily. Sole legal custody to one parent will only be awarded if the court finds evidence that it is really for the child’s best interests.
The court may also schedule specific periods to be followed by both parents, depending on the needs of the child. Older children and those in their teens may need longer time spent with each parent and don’t require frequent shifts between guardians. Younger children, on the other hand, may need shorter and more frequent periods spent with each parent.
Issues that may affect a parent’s request for child custody
Some issues will be considered by the court as evidence that a parent is unfit to have custody of his or her child, including use of alcohol, drugs and illegal substance, mental disorder, desertion, unwillingness or inability to participate in the child’s care and family abuse.
Both past and present evidences of abuse or neglect will be considered by the courts to determine which parent is best suited to have custody of the child. However, this presumption is rebuttable and the abusive parent may challenge it in the court if he or she so wishes.
For a child with unmarried parents, it is the mother who automatically gets custody unless a family court decides otherwise. If the court finds evidence that the parents can perform joint responsibility and can both provide for the child’s best interests, both parents (if they agree) may be awarded with shared physical or shared legal custody.
Bob Janeway
http://www.articlesbase.com/law-articles/child-custody-88876.html
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There are several ways in which you can communicate with your divorce lawyer, but some methods may be more effective than others. When a marriage dissolves there are several important topics that need to be discussed and sorted out such as child custody and visitation, division of property, and support. Communicating effectively with your attorney about such issues will help your lawyer properly gather the information he/she needs to put your case together and can reduce your attorney fees at the same time.
In-Person
Meeting with your attorney in-person when there is an extensive amount of material to go through is often a wise choice. When you meet with an attorney face-to-face there is less chance for distraction and it is more likely you will have the attorney’s undivided attention. Any material you or your attorney may have can be reviewed and any questions can be addressed. Each party will have an equal opportunity to discuss and cover any important details. Additionally, the amount of time spent in an in-person meeting is traceable and should be reflected accurately on your attorney bill.
Assuming your attorney checks his/her e-mail regularly, email communications with your attorney can be very effective, especially if a response is not needed immediately or an attachment needs to be sent. Unlike faxes, there is usually no charge to receive an e-mail. However, there will be a cost for your attorney to review and respond to your e-mail. Therefore, it is extremely important to keep your e-mail concise and to the point. This is often a difficult adjustment for those who have a tendency to write wordy e-mails. Further, depending on how savvy your attorney is with technology, he/she may spend more time in an e-mail communication than if the message were communicated via phone or fax. Further, the amount of time an attorney actually spends in an e-mail communication is virtually untraceable, so you will want to closely monitor your bill to make sure the charges are reasonable.
Telephone
One of the most common forms of communication you may have with your attorney may be via telephone. Telephone communications can be very effective, especially when you or your attorney have a quick question. Such communication is quick and timely. Additionally, the time spent on the telephone is the most traceable form of communication. The time spent on the phone may be recorded on your phone bill and should be reflected accurately on your attorney bill. However, problems may arise when more than a couple questions need to be covered. Long telephone calls can be subject to distractions and retaining large amounts of information can become an issue.
Fax
Communications with your attorney via fax can be very useful. For example, when a lengthy document needs to be reviewed or if your signature is required on a document (and a faxed copy of your signature is acceptable), faxes can save you an unnecessary trip to your attorney’s office or the wait time associated with mailings. Like the postage fee for a mailing, there may be a cost associated with the fax, such as the call charge or the time a person in your attorney’s office had to stand in front of the fax to send or receive documents.
Mailing
Communications with your attorney via mail can be very effective when a reviewing of a particular document is not extremely urgent. Additionally, any serious issues or requests you may need to make upon your attorney may be best done in writing. Mailings are a common way attorney’s keep their client informed or on copy of all filings and communications with opposing counsel. Mailings are easy to organize and typically easy to manage.
There are several ways in which you can communicate with your divorce lawyer and choosing the right method can significantly enhance your communication with him/her. When a marriage dissolves there are several important topics that need to be discussed and sorted out such as child custody and visitation, division of property, and support. Communicating effectively with your attorney about such issues will help your lawyer properly gather the information he/she needs to put your case together and can reduce your attorney fees at the same time.
© 2007 Child Custody Coach
Child Custody Coach supplies information, online materials, and coaching services to parents in the field of child custody, namely, divorce, child custody and visitation, child custody evaluations, 730 evaluations, parenting, and all issues related to child custody and divorce. “How to Win Child Custody – Proven Strategies that can Win You Custody and Save You Thousands in Attorney Cost!” is a unique child custody strategy guide written by The Custody Coach and made available by Child Custody Coach in an easy to read, understand, and apply E-Book format. Custody Match is an online consumer and family law attorney matching service to help you in your search for the right attorney for your divorce or child custody case. Custody Match can help you find the right family law attorney, divorce lawyer, or child custody attorney in your area.
Steven Carlson
http://www.articlesbase.com/divorce-articles/divorce-lawyer-communication-how-to-enhance-your-communication-with-your-attorney-95763.html
A child custody agreement can have serious implications on your tax filing and your taxes overall. This issue should be addressed with your attorney or with your accountant while you are going through the process of negotiating or litigating child custody or a divorce agreement. Waiting until after you have finalized a child custody agreement to investigate the tax impact is not adviseable.
State law on child custody does not dictate who gets the tax deductions. If your child custody agreement is entirely silent on this issue, the parent with primary residential or sole custody will have all of the tax benefits available through the children. That party will be able to claim the children as deductions, and so forth. This can be a significant issue. There are parents who simply assume that if they are paying thousands of dollars per year in support, they will be able to take the children as deductions. Not so. This is incredibly important when you consider that all child support payments are not tax deductible to the payor and they are not taxable to the recipient parent.
Thus, when negotiating your cusody agreement, you must address the issue of how custody will be structured and who will recieve the tax benefits. This negotiation should be a part of an overall financial scheme that encompasses a consideration of all issues, including child custody, Child support, property, alimony, and tax impact.
The ability to claim head of household instead of married filing separate or even filing single can be incredibly important to your overall tax scheme. You can claim head of household if you have your children for more than 50% of the time. Thus, a head of household tax filing should be a part of the overall negiating outline in a divorce or Separation situation. A child custody that is silent on this issue is really not a well negotiated or written agreement.
Your child custody agreement can address this issue in a number of ways. If your child custody agreement provides for joint shared custody, it must state who has the children for 50% of the time. If you have two children, you can divide that up so that each parent has the possibility of fiing for head of household. If you simply have joint custody and one parent has residential custody, you can still provide a head of household deduction to the other parent by wording the agreement in a way that allows for that filing.
There are other tax benefits available to parents that have to be considered when negotiating a child custody agreement. Many or most of those tax benefits are variable depending upon your income level ad whether or not you can claim the child or children as deductions. If you are really thinking through your child custody agreement, you will negotiate all of these benefits. The objective should be to maximize all available benefits for both parties, thereby providing an overall highly advantageous tax impact for your child custody agreement.
John Pawlett
http://www.articlesbase.com/law-articles/child-custody-agreement-and-taxes-90763.html
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If you are reading this, I will assume you either have or will have a teen driver in your household. Having been through this myself, I graciously offer you “the parent/s” my personal feelings and research on the subject.
As a single father of two children, I was terrified when they became old enough to drive. Not because of trust, or I thought they were bad drivers, far from it. It was the mere fact that the world has changed greatly, and not for the better. My children mean everything to me, and having been an owner of a Towing & Recovery business for 25 years, I have seen more than my share of fatalities involving teens. Many would have survived if only they could have received help sooner.
When I first started too drive, my father handed me the keys to the old Chevy and off we went. Mostly on dirt roads, but I loved it. I listened to every word of caution and instruction my father had to offer. However, like I said, things have changed, teens are more independent now and while they will listen for the most part. You will need to offer a little more latitude than when you were that age. Still, when it was time to drive I have to admit I was scared to death, let me reiterate, it was not a trust issue. Simply put, “we” as teenagers did not have to contend with carjacking, theft, massive traffic or road rage. Moreover, I believe that many teens succumb to peer-pressure more so in today’s society.
Therefore, after several gray hairs, and before my second child’s turn too drive. I decided to find a solution that could give me peace of mind, while protecting my children. However, I did not want to interfere with their privacy or sense of freedom. I felt with the advancements we have in technology, there must be a product that would fulfill my requirements. These were simple,
- A panic button they could push if phone use was not possible/practical, that would instantly notify me of an emergency i.e. injury, carjacking ect…
- Ways to locate and track the vehicle if such an emergency arose. This would facilitate a quicker response time by medical or law enforcement by providing an exact location.
- Instant notification should the vehicle be evolved in an accident or stolen.
- A way to recover the vehicle if it was stolen.
- And most important, give my children and I a greater level of safety and security.
While some new vehicles offer systems that have a couple of these features, they require third parties to relay information. This in-turn slows response time and it would not notify me directly. In addition, they simply do not offer all of my requirements. Moreover, buying a new vehicle for $30,000 or $40,000 is not prudent for a first car. I believe a parent should help, but the teenager should be required to pay for at least part of the vehicle. This teaches them they half to work for what they want, and a greater sense of pride when it is achieved. In addition, I wanted a system that could be easily installed or removed in any vehicle and at a reasonable price.
After several months of research, I found the Millennium Plus. It easily provided for my requirements, and a multitude of other features that could be used or not at my choice i.e. remotely lock/unlock door or disable vehicle and much more. It was also very affordable costing no more than a good stereo.
I purchased one for each of our vehicles, and after installing it, I do feel much more relaxed. The kids love it too, maybe because it is a new toy or the fact they can remotely control the car. I personally think every parent should install this system for peace of mind. You can find it at www.findvehicle.net
Larry Kilburn
http://www.articlesbase.com/parenting-articles/parents-teen-driver-safety-678792.html