TAGS

Family Law Blog

What Are My Child Custody Rights During the Divorce Process?

Wednesday, July 14, 2021

While child custody is part of a divorce, it is often saved as the last part of the process. It is the most complicated and will require the most time to officially sort out. That said, divorces, even simple ones, can often take months just for a court date. In the meantime, you probably still want to see your children. What are your child custody rights during this questionable period?

Child Custody

As you would expect, most couples usually work something out when it comes to child custody during a divorce themselves. By having nothing legally binding, it can be a nice trial run to work out what you exactly want out of your future child custody agreement. It can be a good time to work out the quirks as well.

Unfortunately, it is not unusual for couples to be difficult and petty with each other during the divorce process. When this happens, it can make child custody rights particularly difficult. If this is the case, you will want to bring the issue up with your lawyer. What they can do is take the issue to court where the judge will give a cursory glance over your case. They will then establish a temporary child custody order that dictates set times you will get to see your children. This is not permanent but can ensure you get your fair due of time with your children when your ex-spouse is being difficult.

Learn More About Child Custody Rights During Divorce Proceedings

Do you have a messy divorce on the horizon or even messier child custody issues? We can help. Contact us today to see what the Law Office of Jamra & Jamra can do to help you sort out all your issues and get the best possible results.

What to Do If You Think a Spouse Is Wasting Assets

Wednesday, July 14, 2021

In divorce, the primary concern for many is not so much a spouse wasting assets, but hiding them. However, whether it is hiding an asset from the courts or knowingly wasting it, the court will label it as financial misconduct. Knowingly being wasteful with finances is seen as less of a worry, but often just as dangerous. It isn't something done out of greed, but rather it is done out of bitterness. It is a, "if I can't have it, you can't either," sort of affair.

Wasting Assets

Wasting an asset includes:

  • Selling at lower than market value
  • Giving to a friend, family, or lover
  • Intentional damage to an asset
  • Gambling assets away
If your spouse is doing any of the above, or other wasteful behavior, you may not see a lot of options, but the court can typically help.

What to Do If Your Spouse Wastes Assets

If you believe a spouse is wasting assets, the court can award you a larger share of the remaining marital assets as a sort of punitive measure for their behavior. However, you must be able to prove two things in the situation.

The first is that their behavior is actually being wasteful. For example, if your ex-spouse gave away a car to a member of the family, but that deal has been in the works for months before a divorce, that may not necessarily count against them.

The second issue is you need to prove knowing intent. If someone gives money to a friend, but they didn't know that should not be done during a divorce, the courts may excuse this behavior rather than take punitive measures.

Learn More About What to Do If You Think a Spouse Is Wasting Assets

If you are going through a divorce, this may be just one issue that you will have to deal with. Contact us today to see how the Law Office of Jamra & Jamra can help you navigate these rocky waters.

How Are Investments Split During Divorce?

Wednesday, July 14, 2021

If you are going through a divorce, it is pretty easy to be distracted by the tangible property that needs split — the house, the cars, the various stuff therein. You may forget about the assets you can't actually touch. For example, the intangible assets you haven't touched in awhile like your investments.

Investments

For some, their investments — the stocks, bonds, mutual funds, and retirement accounts — can have quite a sum tied to them. However, splitting these assets may not be as simple as you hope.

Like any asset, investments can be exempt from division during a divorce if you made them before entering the marriage. This means contributions to a retirement account or stocks bought before marriage, for example, will not be subject to being split.

Unfortunately, this becomes complicated because we keep investing in these things even after marriage. Consider any contributions, dividends, or investments made during a marriage marital property. This means splitting an investment account is necessary and typically more complicated than splitting other financial accounts like a simple checking account.

Negotiations

In some cases, it may be more beneficial to do a little negotiation in order to keep investments whole. In some cases, you may be able to give something of equal value to the other party in order to keep an investment account whole. Yet, as investments earn value, this can also be a bit of a hard sell as well.

Conclusion

It becomes complicated dividing up any asset during a divorce. It is this property division that makes divorce so complicated. If you are starting the divorce process and have significant assets that need splitting, contact us today. The Law Office of Jamra & Jamra can help you make sure you get your fair split as well as help the process go as smoothly as possible.

The Path for Unwed Fathers to Get Child Custody

Wednesday, July 14, 2021

If you have a child without the bonds of marriage, only to split as a couple later, getting child custody can seem like a hopeless path. Although marriage is less important than it once was, the family court system still strongly favors the mother. However, the path for unwed fathers to child custody isn't completely out of reach.

Establishing Paternity

For married couples, paternity is always presumed unless evidence is presented otherwise. For couples without an official marriage, the opposite is the case. The first step in a child custody case for unwed fathers is to establish their paternity through a test.

Filing a Custody Case for Unwed Fathers

With your child's paternity unquestioned, you can file a child custody case. It is likely that you will be able to secure shared custody, but if you are concerned for your child, full custody is not impossible either. In these cases, you will need to present strong evidence of the mother's neglect and unfit parenting. It is particularly difficult for a father, wed or unwed, to get full custody, but if the courts have unquestionable evidence of unfit parenting for the mother, then they will grant it.

What Happens Next?

As we said before, once paternity is established, the road to shared custody at least is rather smooth. There will be some bumps, of course, especially when it comes to setting up a parenting plan. However, you will have the rights you are entitled to.

Learn More About the Path for Unwed Fathers to Get Child Custody

If you are a father that is seeking custody of your child, or just a parent that doesn't know where to start when it comes to child custody cases, we can help. Contact us today to see what the Law Office of Jamra & Jamra can do to help.