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Category Archives: Legal Rights

How to Make Co-parenting Work After Divorce

How to Make Co-parenting Work After Divorce

Co-parenting amicably with your ex can give your children stability and close relationships with both parents, but it’s not really that easy. Putting aside relationship issues to co-parent agreeably, having to see each other and speak to each other whenever it is asked can be fraught with stress. Despite being so difficult and stressful at times, it is possible to develop a cordial working relationship with your ex for the sake of your children. Knowing these strategies will make you can remain calm, stay consistent, and avoid or resolve conflict with your ex and make-joint custody work.

Arrangements as to where the custody of the children goes in favor for are most of the time very exhausting that it causes a lot of pressure and stress. It’s just so hard to think of getting past your ex husband who has once meant the world to you. It must be too consuming to deal with built-up resentment. Making shared decisions, communicating with your ex-partner, or just speaking to a person you’d want to just forget all about can seem like impossible tasks. It is true that co-parenting isn’t an easy solution, however, it is the best way to ensure your children’s needs are met and they are able to retain close relationships with both parents.

It will help a lot if you start thinking of your relationship with your ex as a completely new one, and it should largely benefit your children. Remember that your marriage may be over but your family remains. You have to consider what will do best for your children. The most important part of being mature and responsible parent is to always put your children’s needs ahead of your own.

The way to good co-parenting is to set priority on your children alone. Avoid thinking about the hate and the past arguments you had with your ex-partner. It’s normal to think of this as a very difficult part of the process. You have to set aside the resentment, anger, hurt and disappointment all for the sake of your children. In other words, you must take a back seat to the needs of your children. It is hard to set aside your strong feelings to cooperate well with your ex for the welfare of your children, but it is also the most important. Co-parenting is not about your hurt, despair or anxiety blues or those of your ex-spouse, but rather about your child’s happiness, stability, and future well-being.

 
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Posted by on December 22, 2013 in Family Law, Legal Rights, Parenting

 

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Child Abuse: An Increasing Worst Case

Child Abuse: An Increasing Worst Case

Child abuse is one of the increasing worst cases in the world today. Though it is hugely not acceptable, it is becoming one of the saddest realities in life. The government may somehow stay out of our personal relationships, however, when it comes to child abuse and domestic violence, it is a different story because there can be more serious legal penalties. That is why, it is very important to know what type of conduct or characteristics shall be deemed abusive and against the law, and the possible equivalent legal consequences for those accused may encounter.

It is mandatory that in every state, it is already an act of crime if a guardian, relative or even a parent intentionally or cruelly injure and harm a child. Whether the injury inflicted may be physical, psychological, or both physical and psychological, those are still accustomed for probation and investigation by the higher authorities. For some minor cases, new parents in particular, reason out that it is just because of overzealous discipline. Therefore, a court may simply order an abusive parent or guardian to a complete parenting training or assistance where he can learn the do’s and don’ts of disciplining a child. In worse cases, the state may take away the child from the parent’s home, restrain the parent from seeing the child and place him or her into foster care or with a trustworthy relative. This set-up may be temporary or permanent depending on the assessment of the situation.  If it appears that the abuse incident is extremely fatal, complete termination of parental rights is possible in that particular case.

It is largely implied that each state has different set of procedures on how to report child abuse cases to law enforcement agencies or child protective departments. They also require other individuals that may be responsible for the abuse or other children who are also involved in the scenario. Information about child abuse are strongly passed  to teachers, medical professionals and law enforcement personnel so that they will be oriented and will feel as much bigger responsibility to hand it down to students and younger children. There are also organizations who help in expanding this learning for the benefit of all citizens.
Breaking a law on child abuse is really a destructive and a complicated thing since you will likely to face a big penalty once you are proven guilty of the act. One who is charged with child abuse is subjected to both criminal and civil penalties,  which it include imprisonment, fines, and registration as a sex offender if the abuse is done by sexual force, restrictions on probation and parole, injunctions, involuntary commitment to a mental institution, and loss of custody of the child.

 
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Posted by on October 31, 2013 in Family Law, Legal Rights

 

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Establishment of Paternity

Establishment of Paternity

Paternity is called to a legally acknowledged relationship between a father and his child. Most paternity cases are declared on children born out of wedlock for certain legal rights and benefits provided to children born to married parents.

Undoubtedly, the law presumes that the father of the newborn child is the husband of the mother when they are married to each other. On the other hand, the unmarried mother shall have to establish paternity when she gives birth. In most cases, establishing of paternity by the child or the mother can be done before birth or at any time until the child reaches 18 or the legal age.

Here are the legal ways to establish paternity:

Voluntary Acknowledgment. Both parents can sign an acknowledgement paper for paternity purposes. The requirement may be done right after the birth of the child or at a later time. Once completed, the child can then bring the father’s name on his/her birth certificate.

Court Determination. A parent can act as much to petition the court to establish paternity. The involved parties have the right to cross-examine witnesses, determine and submit potential evidence to the court. A court may consider different components to prove paternity. It includes the sexual relationship between the mother and the possible father, the details with regard to the time and date of conception, and results of genetic testing. If the judge has proven the paternity tests accurate, the judge will assign legal paternity to the biological father.

Genetic Testing. Genetic tests are also applicable for paternity testing. It is used to prove the biological connection between a child and his/her potential father. Performing paternity tests examines the DNA found in the blood or saliva of the mother, child and the possible father. Paternity will be granted if it is more likely than not that the child’s DNA is inferred from the DNA of the possible father. If one wishes to undergo genetic testing, they better contact their state child support agency. Child support agencies are known to pay the cost for paternity tests until the identity of the father is finally named. Once it is proven, the father is required to compensate for all the testing costs.

Estoppel. In other parts of the world, a person can establish paternity by volunteering or offering himself out to be the parent of a child, and providing everything that a child needs, from financial to emotional support for the child.

Why is the establishment of paternity important?

Many advantages come out after an established paternity. First and foremost, it can increase a child’s status of living. Meanwhile, a court is not held liable to order any child support tolls from a father unless paternity is proven and established. Moreover, paternity also enables a child to get an advantage from his/her parent’s medical insurance coverage, including government programs such as social security, disability and veterans fees. Other than that, it will also allow the child to inherit properties from the father. It can save a child’s life by having an access from the parent’s full family medical history, which is important during medical emergencies. Additionally, finding of paternity also benefits the father because it gives him visitation rights and to become involved in the child/children’s lives. Also, if certain situations happen like a child being born out of wedlock to a non-citizen mother and a citizen father, the United States of America can exclusively provide citizenship to the child if the biological citizen father has set up paternity before the child reaches the age of 18.

 
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Posted by on September 30, 2013 in Family Law, Legal Rights, Parenting

 

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