Family Law Blog

What to Do When Your Child Wants to Live with the Other Parent After the Custody Ruling

Friday, October 25, 2019

When your custody case is finally closed, you hope it stays closed. However, that may not always be the case. As your child grows older, there very well may come a day where they want to go live with your ex-spouse, their other parent. In custody cases, if your child is old enough, their opinion will be taken into consideration. However, if a child that is too young at the time, they may grow older and decide they do want to live with the other parent. What do you do?

Child's Rights

It is difficult not to take this event personally, and you will need to handle it delicately. If you have custody of your child, you are within your right to continue to have custody of them. You are only obligated to give the other parent their due parental time with the child. However, if you do respect your child's right to choose, you and the other parent will need to return to court.

You both will need to return to family court in order to seek a modification of child custody. If both parents agree to a set modification, then the return to court is simply for the approval of a judge, which is likely to be granted. However, if the other parent is seeking modification by themselves, then it is going to be very much like your original child custody case.

Considerations

The judge will take a number of factors into consideration, including the child's opinion in order to decide custody and parental time. It is likely much has changed since the initial ruling, and your custody agreement could change if you do not set a plan with your family lawyer.

If your child is asking for a change of custody or you believe the other parent may be seeking modification in the future, contact us today. The Law Office of Jamra & Jamra can help you sort out this difficult time.

Who Gets the Ring If the Engagement Falls Apart?

Friday, October 18, 2019

It is better to break out a rocky relationship before you say the legally binding "I Do", but that doesn't make less messy in some cases. If you broke off an engagement, then it is likely you are going to want to salvage whatever you can from the ending relationship, and often the cause of much debate as to who gets to keep the very expensive engagement ring.

Engagement Rings

These days engagement rings can be worth thousands of dollars, something that you might want back or might want to keep in order to sell or even just wear. However, the good news for the givers is that keeping an engagement ring from a broken engagement can be as difficult as getting that engagement ring back after a marriage ends.

Conditional Gifts

The issue with engagement rings taken back before legally binding marriage is that they are often seen as conditional gifts. A conditional gift is, as it sounds, a gift given on a condition. In this case, the condition is that there will be marriage. If there was no marriage, then as the courts see it, there is no reason for the person wearing the engagement ring to keep it. This conditional gift rule is used to protect things like family heirlooms that the owner may want back for more than just monetary reason, but it can save someone thousands of dollars that they may not want to give someone who is now considered an ex-girlfriend. You would hope that returning the ring would be a natural option, but sometimes it takes a family lawyer explaining a conditional gift to get it back.

Learn More About Who Gets the Ring

If you need help getting assets back after a breakup or a divorce, contact us today. The skilled professionals at Jamra & Jamra can help you understand the legal responsibilities of both parties so you can effectively fight for what is yours.

Can a Child's Testimony Make a Difference in Child Custody?

Friday, October 11, 2019

If it were up to both parents, their child would never enter the courtroom in their life, especially not during the messy divorce proceedings of their parents. However, when it comes to deciding custody, your child's presence may be necessary, especially if they are old enough to make their own opinion to be heard on the matter of their custody.

Requirements to Give Testimony 

In the case of very young children, the judge and the parents will work to decide custody alone. However, in California, if your child is above the age of 14, they can take the stand and let the judge know where they would like to go. Your child will give testimony to the judge on which parent they would like to live with. However, the final decision is still in the hands of the judge. If they believe that another placement would be in the best interests of the child, even if it goes against their choice, they will make it.

Judges Decide

It is important that your child knows that the judge will take their best interests in mind. If your child tries to convince a judge they want to live with one parent because they never punish them and let them eat ice cream for dinner, it is not likely to positively sway a judge's opinion. In fact, it may work against them. However, if they say they want to live with a parent because they feel that they have more time to spend with them, then this is likely to make an impact.

Learn More About a Child's Testimony in a Custody Case

If you are going through a messy child custody case and need a great lawyer to help you, contact us today. Jamra & Jamra can help you navigate this difficult process so you can get the best possible results, not only for you but for your children as well.

Should You Divorce Before or After Filing Bankruptcy?

Friday, October 04, 2019

Finances can put a major strain on your relationship with your spouse. If things get bad enough, it may even lead to your divorce, although there is usually more than just stress about the money involved in this decision. However, often divorce and bankruptcy go hand in hand. Doing both really is like starting a whole new life afterward, but the question remains, what should be done first?

Type of Bankruptcy

In truth, the answer is usually highly dependent on which type of bankruptcy you are going to file. If you choose the standard Chapter 7 bankruptcy, this is typically resolved in a few months. It is best to do this first, discharge your debts as a married couple, then get a divorce. It saves money on lawyer and filing fees. Unfortunately, you will want to talk it over with a bankruptcy lawyer first as your married income could be too high to qualify for a Chapter 7 bankruptcy. In this case, it may be better to get divorced first.

Chapter 13 Bankruptcy

However, if you choose Chapter 13 bankruptcy, this can last several years as you work on a repayment plan. This would mean you would need to put off divorce for years, and that might not be an option. If you get divorced while filing bankruptcy, then it adds a further layer of complexity. In this case, it would be better to get a divorce first and then file your Chapter 13 bankruptcy.

Learn More About Divorcing Before or After Filing Bankruptcy

If you are about to get divorced or file bankruptcy, you are about to enter a complicated time in your life. Unfortunately, you will need the advice of two lawyers. For your divorce, contact us today. Jamra & Jamra are dedicated family law attorneys that can help guide you down the best path to help your divorce and other family law issues go as smoothly as possible.