Do Children Have A Say In California Child Custody Arrangements?

No one enters a marriage thinking it will end in divorce. That unfortunately often becomes a reality. A divorce is a tough time for all who are involved, especially when kids are involved. Each parent contributes to the well being of their child. While one parent might be the primary caregiver, the other parent might be the financial provider. Each of these positions is essential in raising a happy and healthy child. Sometimes help from a great attorney is just as important to your personal happiness and health. Do not go through this divorce alone. Having an attorney to represent you is critical. The courts will have a better understanding of your views and contributions once your lawyer builds your case. You should  avoid costly mistakes by allowing our professionals to protect your rights and advocate for the best interest of children.

At what point does the court take the requests of children in mind? A child might prefer the notion of living with one parent or the other after a divorce. But is it healthy or fair to include the child in an often painful and ugly divorce? Divorce cases tend to be very emotional, especially for the children. Should a child witness the anger and oftentimes cruel behavior of their parents during these family law trials? The answer is only “sometimes.”

A Child’s Rights

The state of California has a lot of laws in place to protect the interest of children during a divorce. The court aims to let the child to receive financial support from both parents and provide joint custody unless this is not an option. It is the responsibility of the parents and the court to choose the best interest of children and ensure they are getting adequate support in a stable environment after the divorce. 

Children of course love their parents. They want to make their parents happy with them. But this becomes difficult when kids are in the middle of a messy divorce. Parents oftentimes have disagreements determining custody, child support and visitation,. These changes are already confusing enough for children, but forcing them to choose sides only causes them unnecessary guilt and stress.California laws are very careful to obtain the information they need without further harming the child.

At what age could the child speak for himself/herself?

While no law permits the child to decide their custody status, many California courts believe  fourteen years of age is old enough to express themselves and the reasons why they would prefer one parent over the other. But the courts also take into consideration that the teenage years are often challenging and a child might display bad behavior to cope with a divorce.

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What if the young child wants to live with one parent over the other?

In a case where a child is young, the courts need to intervene. Children usually function on emotion. They might say they want to live with one parent instead of the other for reasons that have everything to do with the parents and not a lot to do with the child. 

Do you have a question about child custody? Click here to contact Von Esch Law today!

Courtesy of Cuselleration

 

Why You Need a Lawyer to Prepare and Review Your Contract

What is Contract Preparation?
A contract is a legally binding agreement. Contracts could be written or oral, but most important contracts are often written and signed by both parties. Contracts are the foundation of your business, and might be simple or extremely complex. Examples of contracts include sales agreements, employment contracts, real estate purchase contracts, and confidentiality agreements.

Preparing a contract is the act of writing out the terms and details of the contract, in order to outline the legal obligations of both parties, so that they fully understand the terms of the agreement and their respective duties towards each other. Contracts can be drafted by anyone, but a lawyer is often needed in order to make a reliable and secure contract, especially for the more complex contracts.

How are the Contracts Prepared?
Contracts might appear in many different forms, but one of the most used contracts is a standard form contract. A standard form contract, or standardized agreement is a contract between two parties, where the contract is prepared by one of the parties, and the other party has little or no ability to negotiate the terms that are more favorable for them. Common instances of adhesion contracts include insurance policies, housing and apartment leases, and tickets to events or shows.

What is a Contract Review?
To simply put it, a contract review is when a person signing the contract carefully reviews the document or has a lawyer review the document. This is to ensure you fully understand the terms and conditions of the contract.

Contract review is an essential step to make sure that there are little to no contract disputes in the future. When a contract dispute occurs, the first thing that the courts look at is the language of the document itself. If a problem were to happen, both parties could refer to the contract and pinpoint what is expected of them.

A clearly written and easily understood contract could reduce confusion between the parties. But if a contract is not written clearly, legal issues might arise. Therefore, it is imperative to thoroughly review or have an attorney perform a complete review of any contract before you sign it.

Since contracts could be lengthy and have become increasingly complex, most people often skim over paragraphs and do not actually know what they are signing. Having a qualified business lawyer look over your contract or contract draft may save you from a legal mess down the road.

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Should You Hire a Lawyer to Assist with Contract Drafting and Review?
Preparing and understanding contracts could be a very complex process. It might be in your best interests to consult with our knowledgeable and well qualified business attorneys.

Our experienced business attorneys will assist you from start to finish through the contract drafting and reviewing process and safeguard you against any complications. We will also help prevent other legal issues that arise from a poorly written contract and represent you in court, if needed.

Do you have a question about contract preparation and review? Click here to contact Von Esch Law today!

Courtesy of Cuselleration