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Showing posts from December, 2020

Custody Rights During a Divorce

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Most people understand that part of the divorce process is finding common ground between both spouses regarding child custody and visitation rights of both parents. While in the past, courts always favored mothers to have primary custody of their children, this standard has long since passed, and most courts now want to ensure that a child has a strong relationship with both parents. Many parents worry about their custody rights, and there are certain things they can do not only to keep those rights during the divorce process, and ultimately impact the custody and visitation schedule. The Best Interests of the Child Courts will always use a standard that looks to what is truly in the best interest of the child.  Therefore, your behavior during the divorce process will not only affect and impact your ability to have visitation with your child during the divorce proceedings, but also what your permanent custody and visitation schedule will look like. A court will always attempt to examin

What is the Difference Between a Will and a Trust in New Jersey?

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Estate planning is an important undertaking at virtually any stage of your life, but it is not always a straightforward process. While you might have a clear idea of your beneficiaries and how to handle your estate, the legal world can often prove to be somewhat of an obstacle. Legal terms may be confusing, and it is not always clear how to take the right step forward. Perhaps you are not quite sure about the difference between a  will and a trust. In order to clear up issues like this, it is always a good idea to consult with a qualified legal expert. Not only can they explain the difference between a will and a trust in clear, concise terms, but they can also help you decide which option is best for you. With that said, there are a few basic things you can learn about wills and trusts in order to get a better sense of how to proceed. What is a Living Trust? A  living trust  gives you control over the estate planning and inheritance process while you are still alive. With a living tru

Taking Time to Discuss Estate Planning

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Many people are indoors now as they are required by their state and local governments to “shelter-in-place” or “stay home” due to the COVID-19 epidemic. During this time, your elderly loved one’s may either be staying with you, or you may be communicating with them often to ensure that they remain safe and healthy. During this time where many other of life’s obligations are required to be placed on hold, consider having a conversation with your elderly loved ones about their estate planning needs , and what their wishes are for after they pass away. Estate Planning During a Global Pandemic You do not need to have intense conversations with color-coded spreadsheets and detailed finances. This time is already stressful enough for most people. However, if your elderly loved one, or if you yourself, have never sat and considered what your estate planning needs are, now may be the time. These conversations can be held throughout several days or weeks, and they do not have to

Is it Difficult to Win Child Custody as a Father in New Jersey?

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As a dedicated father, the thought of losing your children after a divorce can be quite distressing. Putting aside all of the emotional strife that goes along with ending a relationship, many fathers put the well-being of their children first. You may be worried about leaving your children with their mother for whatever reason. Or perhaps you are concerned that their mother will simply exclude you from your children’s lives going forward. Whatever the case may be, many fathers strive to  win child custody battles after divorces in New Jersey . Perhaps the most important question you have at this point is simple: How difficult will it be for me to win a child custody battle? You may have heard that it is much easier for mothers to win custody and that judges tend to favor mothers with a strong bias. Is this really true? If you have questions such as these, it is always best to consult with a legal expert who has decades of experience in family law cases. That being said, there is no har

Can I Prevent My Child From Seeing Their Father While He is in Prison in New Jersey?

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Having the father of your child in jail can obviously be a huge source of stress. It can affect your relationship with your child and many other aspects of your life. You may even feel judgment from your family, friends, or coworkers. Nonetheless, it is something you have to deal with in the best way you can. You may feel that the best option is to completely block contact between your child and their father, at least while he is in jail. The State of New Jersey’s  constitution  protects a  parent’s right  to maintain a relationship with their children when they are incarcerated. However, the Family Court can void this right if they examine the case and decide that blocking all contact is best for the children. To reach a decision on this matter, the Family Court will consider a few key factors: The type of crime committed:  If the court feels as if the type of conviction speaks volumes about the parent’s character in a negative way, then they may choose to revoke rights of visitation.