Category Archives: Law

3 Factors Affecting a Child Custody Ruling: What Parents Need to Know

Little girl hugging fatherAs a couple with children who plans to separate, an option to consider is appealing for child custody. Each parent may want to have the full custody of their children, but it’s the court that decides what the better choice is for the children involved.

Couples seek legal assistance to be granted of child custody, and they trust lawyers with a proven track record. The Burnham Law Firm, P.C. explains that family law and its provisions could be confusing, so a child custody lawyer makes it easier for any parent to understand what a custody entails.

The court goes through every detail to determine what would be in the child’s best interests. Here are some factors affecting child custody:

The main caretaker

An important factor in granting child custody is recognizing the main caretaker of the child. This should be the parent who does most of the childcare duties, such as feeding, bathing, preparing meals, taking the child to school, etc. Aside from childcare duties, this parent may be the closest one to the child because of their emotional connection.

In evaluating a child custody case, the court considers who the main caretaker is. This is to help the child adjust easier after the parents are separated.

The health aspects

The court analyzes the health of both parents before giving the ruling. This is crucial because any health-related problem can lessen a parent’s chances of being granted child custody. Serious health conditions can negatively affect parenting capabilities, so the court carefully considers this factor.

The court checks the physical and mental health aspects of both parents. If one parent struggles with one or both aspects, chances are the court will put a greater trust in the other parent for custody.

Parent-child relationship

Another factor in the court ruling is the relationship of the child to their parents. The child may have a stronger emotional bond with one of them. Also, the child may be comfortable in the presence of one parent, but uneasy with the other. The parent-child relationship is another critical factor that the court considers when making a custody ruling.

If the child is old enough to express their choice, the court asks for that opinion. The willingness of the child to be with one of the parents will also affect the child custody ruling.

Both parents need to prove their capability and commitment to providing a loving and good environment for the child. This involves different factors, which the court assesses thoroughly. In the end, the court will decide on the child custody ruling that will be the most beneficial to help the child grow up in a positive setting.

3 Reasons to go for Estate Planning

Elderly man talking to attorney

Elderly man talking to attorneyNo one truly wants to face their mortality. However, for transitions to flow more smoothly and for everything to be clear, it’s essential to plan carefully. While many people opt to do this for themselves, it’s better to hire a competent estate planning attorney such as in Denver. Not only can they provide legal guidance and support through the process, but they also ensure that everything is on-point. These are three specific advantages to estate planning.

Peace all around

Money or the promise of it can change people in many ways—not all of it pleasant. That’s a genuine possibility when talking about a loved one’s estate. Nothing is more tragic than seeing a family fighting over property and money—but it happens. With a proper estate plan, you forego these potential squabbles because you can legally assign who will handle your estate and its dispersion. This guarantees a measure of control.

Avoid probate

Ask an excellent estate planning attorney, and they’ll tell you that probate can be very lengthy, costly, and messy. This is the process of settling and distributing your assets based on provisions of your will. A way to avoid probate is to set up a trust or even a joint ownership—this allows for settlements outside of probate court. Setting up that kind of arrangement legally is one of the benefits of doing careful estate planning.

Reduce taxes

Finally, another challenge of estate distribution comes from the often massive estate tax levies against it. You can plan ahead by transferring certain assets to your intended heirs in trust. This way you lower the tax burden on them as much as possible. Without a solid estate plan in place, you might burden your heirs with exorbitantly high estate taxes that they might struggle to pay. Better to plan ahead and prepare them well.

Estate planning is a smart way to prepare for your mortality. It protects you, your heirs, and your assets and ensures smoother transitions in your passing.

Construction, Health Care Are Lucrative Careers for High School Grads

Student holding a book in a libraryMost people believe that a college degree paves the way for a job that pays well, but a study claims that those with a high school diploma could also improve their financial prospects.

In Colorado, for instance, blue-collar industries such as construction or health care can pay enough to support a decent lifestyle for a person with the right skills, according to Georgetown University Center on Education and the Workforce’s study.

Skilled workers

Around four out of 10 young adults in Colorado lack an undergraduate degree, yet most of them still have held a “good” job. The study described a good job when it pays at least $17 per hour for people under 45 years old, or $35,000 each year. For older people, a good job involves $45,000 in annual salary or $22 per hour.

Colorado has the second lowest jobless rate at 2.5%, partly because of jobs in diverse industries, according to Ryan Gedney, Colorado Department of Labor and Employment economist. Company efforts to retain workers, including employment mediation services, could have also played a role in keeping the unemployment rate at a low level.

Other industries

Aside from construction and health care, the study listed information, finance, property, retail and manufacturing as the other industries that pay decent wages for high school graduates. The good jobs in these skilled-services industry represent a transition “from traditional blue-collar industries” in the last 25 years, Neil Ridley said, Georgetown University Center on Education state initiative director.

Still, the study did not downplay the importance of having a college degree. Most people with a bachelor’s degree earn a higher median annual salary, which amounts to $55,000. Some of them even earn $74,000 in a year.

The lack of a college degree should not discourage you from landing a well-paying job, as long as you are determined to gain new skills to compensate for being unable to attain higher education.

Child Abuse Signs You Might Not Know and Ways to Stop It Now

A child seating and curled

A child seating and curledAs a parent, you always do your best for your children to keep them away from any harm. But there could be times that your children suddenly act differently, making you wonder what happened to the usual behavior that they use to show. Child abuse is a rampant problem in the US, affecting 7.2 million children. If you think your children are experiencing abuse, you need to act fast to stop it.

Abuse signs that can go undetected notes that emotional abuse and neglect are two kinds of child abuse that could go unnoticed at first because it doesn’t involve physical violence. Such kind of abuses could happen inside your home, and it’s critical that you consult a child custody lawyer in Marysville if you’re in Washington to immediately stop the abuse.

Counselling is another way of helping a child abuse victim. Your children could be suffering from abuse if your spouse always berates them or they are being denied basic needs.

Children who experience these often find themselves depressed, they may skip school, become rebellious, or worse, become suicidal. Remember that such abuse signs could vary, so it’s important that you observe them very well.

Repercussions that could continue as children grow

There could be situations when children don’t forget the abuse they’ve experienced even after undergoing counseling. As such, children are at risk of getting themselves into a lot more trouble as they grow up.

Statistics showed that children who went through abuse are 25 percent are likely to become pregnant at a very young age. Abused children are also likely to abuse their own children when they become parents. A study even noted that abused children could develop a psychological disorder.

Remember that not all signs of child abuse are noticeable. You may need to dig deeper to understand your child’s sudden change of behavior and help them to stop the abuse immediately.

All Alone: Misconceptions about DIY Divorce

Divorce cracked paperWhile it is possible to handle your own divorce, this does not mean that it is the best approach for everyone. Even if you believe that your case is not complicated and you understand the process, there are always plenty of things you need to know that hours of research and reading divorce guides cannot replace.

Divorce attorneys in Colorado Springs share their views about some misconceptions some people have about handling marriage dissolution all on your own:

DIY divorce is the only way to save money

Sometimes, a do-it-yourself divorce (if done successfully without pitfalls) can help keep your expenses low. This is not the only way to save money, however. If you and your spouse can communicate without arguing and are willing to reach an agreement, mediation or collaborative divorce can be a good option. This skips the courtroom hearing and helps both parties save time and money. Such a situation is rare, unfortunately.

DIY divorce is less stressful and heartbreaking for the family

Ending a marriage is painful and heartbreaking for everyone involved. This is especially true for the children. A DIY divorce can actually be even more stressful, as you have to navigate the process on your own. Hiring the right legal representation can minimize stress and frustration, with an expert to guide your every decision.

Filing the paperwork is simple and easy

While you may see or read websites that offer DIY forms, as well as help on how to fill out such forms, there is always the risk of not completing them right or not getting the proper form for your state. There may also be some aspects of the paperwork that you may not understand. A family lawyer or a divorce attorney can help you navigate everything easier and keep you informed about the divorce laws in your state.

DIY divorce is not the best option for every case. It is always better to hire an attorney to make sure that you’re navigating the process the right way.

Landlords, Should You Forfeit or Proceed with CRAR?

Landlord ended the tenants leaseWhen caught in a situation where they are unable to retrieve rent owed, landlords have to decide whether they should proceed with CRAR or forfeit. Every situation is different, and so is the solution for its issues. Before you get in touch with commercial bailiffs, understand the different approaches first.


Forfeiture means you will end the tenant’s lease. This lets you have control over your property again, but it will not help you obtain outstanding rent. You cannot seize all the assets that they left on the property, so you could sell it and recover the debt. If you choose to forfeit the lease, you lose your right to practice CRAR.

Although locking the tenant out of your property, even if they have their belongings backs, may prevent them from doing their routine tasks, like going to work. This can help convince them to settle the outstanding rent.

Commercial Rent Arrears Recovery

As you are probably already aware, CRAR replaced Distress Rent. Nevertheless, it still allows landlords an advantaged right over other creditors. They can declare warrants of control to Certificated Enforcement Agents against tenants that are in rent arrears in their property. You can only release a warrant for rent, but not a warrant for insurance or service charges. The Certificated Enforcement Agents will also need to serve or send a Notice of Enforcement.

Lease forfeiture will be able to help you get your property back rapidly, and this threat might get the tenant to pay their outstanding rent hastily. On the other hand, you will be able to get your costs and rent paid with CRAR. Now that you are aware of the difference between these two tactics, you will be able to determine which is best for your situation. You will also be able to figure out the fastest way to get their debts settled.

Prenuptial Agreements: What’s the Need for Them?

Parents with LawyerSome couples create and sign prenuptial agreements before marriage. The document primarily lists the assets of each party and clearly notes who owns what should the marriage fall apart and the couple divorce. Many think that these contracts are only for the rich to be concerned about, but this isn’t the case.

Denver family law attorneys make a solid case by saying that anyone with assets to protect can benefit from such an agreement. Below are some reasons to consider getting a prenup.

Distributing Property from Previous Marriages

A prenup is particularly useful for those who had a previous marriage, as they may intend to support the children of the prior marriage. In this case, drafting a prenuptial agreement can guarantee that the children will not suffer should either parent file for a divorce or annulment.

Financial Rights

A prenup can also define the financial rights and responsibilities of both parties in a marriage. Regardless of their financial status or if they have children or not, clarifying these rights is useful in ensuring that there will be no contentions with who pays for what. It can also protect an individual from having to carry the spouse’s debt.


Should the marriage end in divorce, a prenup speeds up the process by laying out the guidelines of property division from the get-go. It lessens the number of assets and liabilities that the parties have to divide among themselves. It can also determine if any of the spouses should receive alimony, although this is also subject to state laws.

Prenup agreements can define several things in a marriage that could potentially become problematic further down the line. But they can also set rules for the most trivial matters, too. Talk to a family lawyer to find out more about what you can add to your agreement.

A Facebook Post Away from Full Custody of the Kids

Social Media

Social media plays a vital role in today’s society. Most people browse through their phones, killing time by liking and sharing on popular platforms such as Facebook, Instagram, and Twitter. Facebook is the most popular out of all of the social networks, with over a billion users online every day.

Social media is a valuable source of information – which can also come in handy during divorce and child custody cases.

For Denver, Colorado’s lawyers focused on family law, social networks are helpful when it comes to gathering evidence, which puts the case in your favor. If you use it well, the judges may consider giving you full custody of the kids.

Social Network Evidence

For most child custody cases, discovery is always a valuable part. The court may allow both parties to gather information on each other. Facebook and other social networks have made gathering evidence easier for both you and your custody lawyer.

What’s the big deal with social posts anyway?

What you post on social media says much about your personal behavior, particularly with family and friends. Courts will consider evidence in posts that affect the child’s best interests, which include the following:

  • Parental alienation
  • Family disputes
  • Poor parenting skills
  • Evidence of neglect or domestic violence

The Double-Edged Sword

What you post on social media has a big impact on the outcome of your child custody case. Facebook posts and other social media activities should always be beneficial and in your favor; otherwise, the other party can use them against you.

Keep in mind that child custody lawyers can gather evidence by using your messages and posts in court. In complex cases where posts and messages cannot be accessed, the court has the power to subpoena information from the social network.

Social media is a powerful tool, especially if you want the pendulum to swing your way, but you must be careful too. One rant might turn the tables against you.

Broken Promises: The Ex, the Kids, and the Right Way to Deal

Co-Parenting PlanDivorce is a tough situation for everyone – especially the kids. The idea that Mom and Dad will no longer live together is hard to accept.

Fortunately, co-parenting makes the ordeal easier. The children need not worry about not seeing both parents; through an efficient co-parenting plan, they can still see Mom or Dad during set periods (depending on who is the non-custodial parent).

The set-up is easier on everyone.

But what if the other party makes promises they can’t keep?

Anatomy of Broken Promises

For, a family law practice, broken promises are regular scenarios in most co-parenting cases. Regular yet unfortunate. The non-custodial parent, to cope with the separation from their children, would make grandiose promises to the kids.

Unfortunately, most parents end up breaking their promises – the supposed trip to the beach never happens, the non-custodial parent fails to attend the graduation ceremony, and so on. It might seem like a small concern, one you can easily make up for.

On the contrary, it’s a bigger issue.

Why Promises Matter

Your ex is not the kids’ only parent. Half of the time, they expect their parents to fulfill their promises. Whether it’s a trip or a material object, they know their parents will keep it. Should they fail to deliver, they at least offer an explanation.

When your ex fails to do either, it will confuse the children. Could they still depend on their non-custodial parent? Does Mom or Dad still love them? If so, why do they keep breaking their promise?

During such scenarios, it’s the custodial parent’s responsibility to validate the children’s feelings. Still, they should do so without disparaging the non-custodial ex.

But how?

The Right Way to Deal

Start by setting a good example. If your ex fails to keep promises, always keep yours. This shows them that at least one of their parents always pulls through. When you can’t, do not hesitate to tell them. Children appreciate honesty.

Also, talk to your ex about it. Explain the children’s side and (calmly) ask them to keep their promises. After all, you both want the best for the kids.

The ex might’ve broken their promise to stay with you till death do you part, but when it comes to the kids, keeping a promise matters – crucially.

Divorce in Texas: Key Facts to Know

Divorce in Texas

In Texas, you could use either no-fault or fault grounds as your reason for divorce. You could also use the reason that you’ve been living separately from your spouse for three years at least. Utilizing fault grounds might offer an advantage during a dispute regarding property division and the alimony amount.

Before filing for divorce, however, take note that you or your spouse should have been legally residing in the state for at least six months.

Property Division, Child Custody, and Child Support in Texas

Because the state is a “community property state”, any income that you and your spouse earned during your marriage, as well as all property you purchased with your combined earnings will be considered marital property, meaning that both of you equally own it. Essentially, these properties will be equally divided between the two of you when you divorce.

Similar to the stance of all the other states, the court presumes that it would be in the child’s best interest to have regular and continuing interaction with both parents following a divorce. This means that courts would generally lean towards joint custody, while the specific nature of time-sharing will be based on the best interests of the child. Both of you would also have to support your child after the divorce. The specific amount will be dependent on each of your incomes and the time each one of you spend with your child.

More Things to Note

According to Busby & Associates, a top divorce attorney from Houston, the state doesn’t recognize legal separations, which means that the law doesn’t have provisions for court actions in relation to legal separations.

However, spouses could opt for a written agreement regarding spousal support payment and division of debt and property while they’re divorce suit is pending. If the judge finds the written agreement terms fair to all involved and approves them, the court might include the terms by reference in your final divorce decree.