Putting your plans on paper for what will happen when you die is never an easy task. Many people cannot even begin to imagine this happening to them. That is why so many people die without a will, leaving probate and other issues to be handled by the courts. You need to get your affairs in order when you are healthy and able to make decisions on your own. This includes asking someone to be the guardian of your children.
Coming up with a custody arrangement that can please both parents is never easy. It's likely that one of you will be unhappy with the arrangement unless you can agree to something outside of court. Once you head to court, it's up to the judge to make the final decision after hearing both sides. Once the arrangement is approved, it's time to help your children adjust.
Exchanging custody of your children with the other parent can wind up being very awkward, stressful, emotional and downright scary at times. You want the exchange to go as smoothly as possible since your children are present.
While a prenuptial agreement is generally preferable to a postnuptial agreement in terms of the strength of the protection it offers, postnuptial agreements are useful and enforceable if they remain within the scope of what they can actually protect. Prenuptial agreements offer far greater protections, but a postnuptial agreement that is carefully researched and constructed may provide significant protections in the right circumstances.
Divorce is often much more difficult than it has to be, even when both sides want something simple and straightforward, and have no desire for an expensive, protracted battle over assets and child custody issues. For many couples, a simple solution like uncontested divorce may provide the straightforward resolution they need, provided that the matters at hand are simple enough to fully take advantage of the process.
Protecting your marriage with a prenuptial agreement, also called a prenup, is one of the most important decisions you can make as you approach a new life with person you love. However, if a prenuptial agreement includes terms that do not stand up to scrutiny in court, the agreement as a whole suffers.
As a parent who shares parenting responsibilities and privileges, you understand just how important it is to protect your parenting time. No matter what custody or visitation plan you have with your child's other parent, if the other parent obstructs the time that you have with the child, it is not only frustrating, it is potentially illegal. Parenting time interference is a serious problem that affects many parents throughout the country, many of whom do not realize that they may have legal actions they can take to protect this precious right.
Too many couples forego the important protections prenuptial agreements offer, especially those who are very young or considering marriage for the first time. For many years, prenuptial agreements were primarily used by rich families to help protect family assets or children by a former spouse from losing portions of their inheritances.
Using a prenuptial agreement is often an excellent way to protect the interests of both spouses in a marriage, especially in Louisiana, where we are subject to community property division guidelines. However, it is important to understand that prenuptial agreements have some very clearly defined limitations that may impact the way you and your future spouse approach the process. If a prenuptial agreement contains faulty terms that do not hold up under the scrutiny of a court, then the entire agreement is vulnerable.
When two parents choose to split up, they must address the issues surrounding the upbringing of their child and which parent will retain primary physical and legal custody of the child. Often, this significantly restricts the rights of one parent or the other. In most cases, raising a child separately does not completely terminate the parental rights of either party, but there are certain circumstances under which these rights may terminate.