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Mistakes Fathers Make during a Divorce

Thursday, December 11, 2014

One of the biggest mistakes fathers make in a child custody dispute is to simply assume that the mother has full rights to the custody of the child.

California courts do not take into account the gender of the parent, but make a decision on child custody based on the child's best interests. A father may be just as eligible for custody, if he can prove to the court that he can provide a healthy environment for a child.

Often, fathers simply sign away their rights to the primary custody of their child to the mothers, either under a burden of guilt over the divorce, or because of a misunderstanding that the mother is entitled to the custody of the children. You can pursue custody of your child, even though the system does have some bias against fathers. If you believe that you have absolutely no right to the custody of your child, and have no chance of winning a custody battle, you may be wrong.

However, another mistake could be to pursue a child custody battle too far. If you have an attorney who advises you to pursue litigation at all costs, including the cost of your children’s happiness, then it may be time for you to seek another Los Angeles divorce lawyer. Over litigating is not just traumatic for your children, and for you, but it could also destroy your credibility in the eyes of the court. The court may not look too kindly on a father who insists on litigating every step of the way, even when it is clear that it is time to stop.

In many cases, such behavior by fathers is the result of a bruised ego. When it comes to child custody, it is important to keep your ego aside, and take decisions that protect your rights as a father, while making sure that your children are happy.

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Tips to Surviving the Holidays for Single Fathers

Monday, December 01, 2014

The holidays are often a bittersweet time for single parents. This is the time of the year when family is stressed on more than any other time. Single parents may feel guilty, and find themselves battling negative feelings during the holidays.

If you are a single father, Los Angeles family lawyers advise that you have all your visitation dates, pick up and drop off details, and other details about the holiday schedule planned out well in advance. It's a good idea to have a conference with your ex-wife just before the holiday season begins, to make sure that you're both on the same page when it comes to children's visitation and plans for the holidays.

Make sure that you know exactly when the children will be with you. Plan celebrations that are simple, intimate, and prioritize the happiness of the children. Children look forward to the holidays, and the last thing they want to do is celebrate with far too many people that they don't know, or don't like.

If this is your first holiday after the divorce, invite the children to start a new holiday tradition or holiday ritual. This could be a ritual that you establish for you and your children, and it could be the start of something that continues every year. It could be something as simple as helping with cooking the holiday meal, or volunteering at a local shelter. Whatever you plan to do, make sure that it's something that the children will enjoy.

Don't overdose on guilt, and buy your children too-expensive gifts. Remember, your children are probably not spending as much time with you since the divorce as they would like to, and what they need the most during the holiday is your time and love.

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Social Media, Networking Linked to Marital Unhappiness, Divorce

Saturday, November 15, 2014

Social media and networking sites like Facebook and Twitter are increasing the risk of divorce among married couples. According to one study that was conducted by Boston University, social media use not just increases divorce risks, but also decreases the quality of the marriage.

The researchers do not say that social media is solely to blame for troubled marriages, but suggest that there is an association between increased social media use by couples, and unhappy marriages. Part of the reason for this is that couples now find themselves competing for attention from their spouses, not with another person, but with their smart phone.

It could also be that many social media sites like Facebook as well as instant messaging apps that run on smart phones, allow people to cheat on their partners without the fear of being caught. One study in Italy recently found that as many as 40% of Italian divorces that were based adultery, blamed relationships that were conducted on the instant messaging service Whatsapp for the divorce.

There's no denying that the explosion of social media, smartphone technology, and increased connectivity that people now have at their fingertips allows people to conduct affairs with greater secrecy than they could before. Social media also seems to be where people who are already in troubled unhappy marriages, go to find themselves. That message in your inbox from an ex-boyfriend could seem exciting, when your own marriage is in the doldrums. From there to having an affair is not such a major leap forward, and Facebook and other related media make it easy for people to conduct relationships like this.

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Preparing for Divorce over the Holidays

Sunday, November 02, 2014

Many couples whose marriage is in trouble postpone their divorce plans until after the holidays. These couples don't want to jeopardize their children's holiday celebrations by breaking the bad news of an impending divorce. In other cases, persons simply want to enjoy the holidays, without worrying about alimony, and child custody matters.

That's the reason why the month of January sees more numbers of divorce filings than any other time of the year. However that doesn't mean that you don't have to take any prep action prior to filing divorce papers in January.

You can use the holiday season to make an inventory of all assets. Include all of the assets that you own separately, and those that you purchased after the marriage. Also include those assets that you inherited, or received as gifts, after you got married. California is a community property state, and your assets will be up for division during the divorce.

Speak to a divorce lawyer in Los Angeles about how you can begin laying down the groundwork for the division of assets. Make an inventory of all your debts and your wife’s debts. The court will split not only your assets, but also your liabilities. That means that you may be responsible for half of your wife’s debt, even if you had nothing to do with it.

Get a complete picture of your wife's debts and liabilities. See full disclosure, and obtain all financial records, joint credit card statements, joint bank statements and other documentation. Get your own bank accounts, and credit card accounts.

You want to be financially prepared before you take the final step forward in January. Speak to a divorce lawyer in Los Angeles about how you can accomplish this.

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6 Breathalyzer Test Defenses

Thursday, August 28, 2014

A Breathalyzer test is the most common way for the police to discern your blood alcohol level at a traffic stop, though it isn't always accurate. Never assume that just because you blew over the legal limit that their case against you is cut and dry. It is still very possible to come out of a DUI charge where a breath test will be used against you and still win.

So while a breath test will automatically be used in a court as evidence, there are several ways to defend against these charges. Here are 6 different grounds for a defense:

  1. Police failure to administer the test properly. For a breath test to be used against you, a police officer must have evidence for use. This means they have to observe you for a time before administering. Thus, a lack of proper observation time is a nominal defense.

  2. Consent. If you refuse a breath test, the police have to advise you on the penalties of doing so. The police must prove that you voluntarily refused the test.

  3. The right to your own medical exam. The police must advise you that you have the right to an independent blood alcohol level test. If they fail to do so, their Breathalyzer results may not be able to be used in court.

  4. The Breathalyzer machine is in good working order. The prosecution must produce evidence that the machine has been tested within a reasonable amount of time, and is in good working order. A lack of proper documentation can mean the test won't be used as evidence.

  5. A disconnect between observation time and test time. In some instances, a person may not appear as if their BAC is above the standard limit (especially if they pass a field sobriety test), but a breath test may say otherwise. In this instance, it's possible to argue the machine is not properly working.

  6. BAC information kept private. After a breath test, a person being tested must be informed of the results. It is your right to that information.

If you have been pulled over, and had to take a breath test, it's important that you know your rights and contact an attorney right away. Remember, a Breathalyzer test isn't a linchpin for your guilt. There are options.

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