Custody Issues

hands

Having a Plan

Parents who separate will need to have a plan for deciding how their children will be cared for and where they will live or spend time. This plan can be called a parenting plan, a time-share plan, or an agreement (“stipulation”) about child custody and visitation. Children react differently to the separation of their parents, and you know your children best. It is important that you remain open to talking to your children and that you give them a lot of understanding and nurturing during this time. Many children go through different stages in dealing with the grief they may feel around their parents’ separation.
 
Helping Your Children Cope With Your Separation
 
Explain to your children that you and the other parent will be living in separate homes. If it is appropriate in your situation, reassure your children that they will still have contact with both parents even though the two of you live in separate homes. Try to avoid arguing with the other parent in front of the children and put off difficult discussions until later when your children are not around. Avoid putting children in the middle by using them as messengers or spies between the two parents. Show your children that you respect their other parent, and support the time that they spend with each of you.

It may help to have your children talk to a counselor or to other children who have gone through their parents’ separation.

What To Expect In Custody Proceedings

If the parties have an agreement in place, they can simply have the court enforce this agreement as a court order. Where there is no agreement, in custody proceeding in San Joaquin County, the court appoints a mediator to begin the process of determining custody of the children. Custody involves both legal custody, pertaining to the right to make decisions for and about your child, and physical custody which pertains to the actual physical control of the child.

Why Do I Need An Attorney?

If you want to stipulate to a marital separation agreement outlining the custody of the children involved in the separation, you will need an attorney to draft the document to your specifications. If you are forced to mediate the issue in court, an attorney will help you navigate the many pitfalls of civil procedure and family law litigation. The stake in a custody dispute is access to your children. Leave your future right to see your children in the hands of the Hunt Law Group and we will make sure your voice is heard and your concerns are addressed.

Dru Vincent Hunt Attorney at Law

Dru Vincent Hunt
Attorney at Law

Divorce Proceedings

Ways To End A Marriage

There are three main ways to end a marriage or registered domestic partnership in California: divorce, legal separation, and annulment. It is not necessary for both spouses or domestic partners to agree to end the marriage. Either spouse or partner can decide to end the marriage, and the other spouse/partner, even if he or she does not want to get a divorce, cannot stop the process by refusing to participate in the case. If a spouse or domestic partner does not participate in the divorce case, the other spouse/partner will still be able to get a “default” judgment and the divorce will go through. 

What is “No Fault” Divorce?

California is a “no fault” divorce state, which means that the spouse or domestic partner that is asking for the divorce does not have to prove that the other spouse or domestic partner did something wrong.  To get a no fault divorce, one spouse or domestic partner has to state that the couple cannot get along. Legally, this is called “irreconcilable differences.”

Why Do I Need An Attorney?

Although a number of people are representing themselves pro per, and the courts are very involved in providing resources for a person to appear pro per in family law hearings, there is no accounting for the experience and professionalism an attorney brings to the divorce proceedings. If you are considering getting representation for your family law needs, please do not hesitate to contact the Hunt Law Group for executive level legal advice and representation.

Dru Vincent Hunt Attorney at Law

Dru Vincent Hunt
Attorney at Law

Prenuptial Agreements

What is a Prenuptial Agreement?

A prenuptial agreement, or premarital agreement, is a contract entered into prior to marriage, civil union or any other agreement prior to the main agreement by the people intending to marry or contract with each other. The content of a prenuptial agreement can vary widely, but commonly includes provisions for division of property and spousal support in the event of divorce or breakup of marriage.

Advantages vs. Disadvantages

The advantage of a prenuptial agreement is both parties enter into the legal union of marriage with a clear understanding of the terms of the marriage in regards to the property interest of each individual within the marriage. The disadvantage is some people feel they are too cold and do not belong within the sanctity of marriage. However, the marriage itself, without a prenuptial agreement, has legal implications on each of the individual’s interest in the marriage’s community property.

Modern Application

Barry Bonds’s marriage and prenuptial agreement in 1988 set the stage for the 2000 decision by the Supreme Court of California. This decision outlines the modern requirements for a valid prenuptial agreement.

Is a Prenuptial Agreement Right For Me?

Typically, a prenuptial agreement is entered into in a situation where one party enters the marriage with a disproportionate amount of personal property, or where both parties enter the marriage with separate property. Prenuptial agreements are more helpful and appropriate in some situations than they are in others. Feel free to contact the Hunt Law Group to find out if a prenuptial agreement is right for you.

Dru Vincent Hunt Attorney at Law

Dru Vincent Hunt
Attorney at Law

General Description of the Hunt Law Group

Hunt Law Group is located in the downtown district of Stockton, CA directly across from City Hall.

ch2

We offer reliable advice and legal representation in matters concerning:

  • Family Law
  • Criminal Law
  • Personal Injury
  • Estate Planning
  • Negotiations

At Hunt Law Group we focus on early dispute resolution and out-of-court negotiations to resolve legal matters. We service our clients with a holistic approach, meaning we are as much involved in your emotional and mental well-being as we are in your legal matters. Retaining the Hunt Law Group is retaining peace of mind.

Dru Vincent Hunt Attorney at Law

Dru Vincent Hunt
Attorney at Law

http://www.druhuntlaw.com/