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What A Parent Should Know About Seeking Full Custody

Most parents do not envision needing to fight to prove they can provide the best home for their child. Yet, everyday parents across the country must go to court to seek full custody. Preparation, follow-through and consistency are keys to success.


Parents who have primary or shared physical custody of a child may want sole legal custody as well. This means that a parent would make all major decisions regarding his child’s health, education and welfare without consulting the mother.


Preparing For Court


Seeking sole custody requires a lot of preparation. Understanding what you need to accomplish in order to prove your case is critical. Begin by keeping detailed records on everything in your life related to being a competent parent—from medical records of doctor visits and school records to financial information detailing your ability to provide for your child. It’s also helpful to keep a daily diary of everything you do with and for the children.


Find out if there are any custody guidelines in your state. Guidelines act as a starting point when determining how custody should be decided. The court uses these guidelines to determine what “fit parent” standard is used, or simply put, what makes one parent better than the other. In some states, sole physical custody is given when a “clear majority” (more than 50 percent) of criteria are met, while others require that all factors be addressed.


Determine specifically what you would like to see changed in an attempt to meet the standard set by your state’s guidelines.


Understanding exactly what is needed and why it is needed will help when preparing for court. Know who will be testifying on your behalf—your friends, family members, or even yourself. Make a list of possible questions that may be asked by the judge and how best to answer them. Be prepared to defend your position and answer any “why” questions about your ability to provide for your child.


The most important person to convince is the judge, so spend time getting all information together properly before going to court. This can sometimes take months and nothing should be left out.


What to Look for in a Lawyer


Once you have an idea of what to expect in court, look for a lawyer who specializes in custody cases. Choosing the right lawyer can be the difference between success and failure.


When choosing a lawyer, it is important that your personalities match, especially when emotions are at their highest. Make sure they truly understand the laws withinyour state and that they will be aggressive when necessary. Most importantly, make sure you both agree on how you want to proceed with the case. You do not want any surprises during trial—this could result in irreparable harm to your case. Essentially, you should have a preliminary strategy mapped out beforehand.


The Process of Filing for Custody


Once you and your lawyer have come to an agreement on how to proceed with a custody case, it is time to file for custody. In every state, there are different forms that must be filled out and submitted. Be aware there may be deadlines you must meet in order for your claim to remain intact. Once filed, the case will be assigned a Court Case Number (abbreviated to “CCN”) that you should keep written down and available at all times.


What to do Once Everything is Filed


It is important to stay in constant contact with your lawyer. If there are any changes in your personal life or how you provide for your child it’s best to inform them immediately so they can inform the court. It may also be necessary for you to file updated income information and submit it directly to the judge or mail it overnight for their review. The last thing you want is to be unprepared when going before a judge. Contacting them frequently offers reassurance that they have all of the information needed.


General Advice and Guidelines to Ensure the Best Result:


Be organized, there is no excuse for missing a court date- You should never lose track of your court date. If you are unable to attend, you must contact the judge and reschedule. Missing a hearing can result in permanent damage to your case.


Be Enthusiastic when starting a custody claim- Judges do not want to see any sign of reluctance or distrust. Remember, children’s best interests are their priority, so being negative about anything could sway the judge against you.


Be truthful and open as much as possible and remember that honesty goes a long way.


Be consistent with information provided- The more up front you are with providing accurate information, the less likely it will be questioned by opposing counsel or brought up later during trial. Always be honest and transparent with your lawyer- Lawyers’ jobs can be difficult enough, make things easier on yourself and your lawyer by making sure they possess all of the facts from day one. This can not only ensure you are on the same page, but will also help avoid any surprises in court that could potentially damage your case.


Do your research– The more you know about your specific state’s child custody laws the better. Familiarize yourself with current guidelines and how they apply to your situation before going to court.


Be ready for court at all times– Make sure you have everything ready for trial ahead of time, this includes evidence, witnesses, paperwork and anything else that might
be relevant or helpful. It is a good idea to have a briefcase or folder organized neatly to present important documents when necessary. Never go into a courtroom unprepared, it can lead to disastrous results. Remember your family has to continue life after court- Winning is great, but to what end.


Be mindful that life will continue for everyone involved regardless of the judge’s ruling. Keep your eyes on the prize, remembering what is most important. The short-term satisfaction of a victory in the courtroom fades quickly if the cost was your future relationship with your child.


Be mindful of social media, everyone is always watching– It is important to remember that what you post on social media can be used against you in court. Take a look at your privacy settings and make sure anything that might put your case at risk is removed or set as private.


Remember: When the best interest of the child standard is applied, it behooves a parent to demonstrate qualities of being self-sufficient, responsible, mature, patient and caring. Maintain composure under pressure when dealing with difficult people in stressful situations. Judges are looking for parents who will put their children’s needs first; Parents need to clean up their past mistakes and present themselves as a capable father or mother. Seeking sole custody is a big undertaking and requires careful planning to be successful. It’s important that you understand what it takes before starting this process so we recommend doing your research first. From the guidelines in your state, to finding an attorney who understands divorce law, there are many things you need to consider when seeking full custody of your child or children. If you feel like some topics might require more guidance than others, contact Lawyers Collaborative today for a free consultation with one of our experienced attorneys who can help answer any questions you may have about getting full physical custody of your kids after separation from their other parent. We’re here 24/7 and ready to assist!

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What to do With the House When Entering the Nursing Home

The decision to enter a nursing home is not an easy one. The prospect of giving up your independence and the comfort of your own home can be daunting. But what’s more, there are many financial, legal, and logistical questions that need to be answered before the transition can happen in a way that you feel comfortable with.


What happens to the house?


Who will get it when I die?


Can my children inherit it?


Does this affect taxes or insurance?


Will Medicaid cover my stay at a nursing home?


These are all important considerations for any family member who has an elderly family member entering into assisted living care. To help ease some of these burdens, here are some basic guidelines on how families should prepare for their loved ones’ trip to a nursing home. It is important to make sure that your family members know what decisions you have made about the house, and when you plan on making them. These are a few things you should consider: Is there more than one child who will be inheriting the house? If so, how much of the equity in the home does each child get? Have either of your children ever had an ownership interest in your house (i.e., as a co-owner or joint tenant)? What happens if they wish to live in the house after you enter a nursing home? This is important information for them to know, and it is important that you tell them your wishes as soon as possible. Communication between family members at senior care transitions is key to avoiding conflict later on. Do I want to sell my house when I enter the nursing home? If so, will my children be able to afford it on their own? Will they need any assistance from me for a down payment or closing costs? How does selling my home affect taxes (i.e., capital gains tax) and insurance (i.e., mortgage insurance)? Asking these questions sooner rather than later can help your children plan ahead if necessary. It will also make sure that everyone involved knows what decisions have been made about the house before it becomes an issue that needs to be resolved later on.


Contact an elder law attorney

Contacting Johnson & Smith law firm is a necessary step in planning your estate and medical futures, as you navigate the aging process. In order to create a long-term care plan with this kind of legal counsel, it may be best for you to go through some steps necessary before placing yourself into senior housing.


After creating a long-term care plan with an elder law attorney from Johnson & Smiths’ office, you can ensure that all of your necessities are covered throughout life’s changing phases–including getting placed somewhere safe if needed during future years. If financial matters have been more prioritized than health concerns over the course of past decades (like most people), then now would be time to consider these options equally important so everything goes smoothly when it’s time to make a shift. Selling the home
Making the decision to sell the home you have spent your entire life living in can be difficult. However, it does not necessarily have to happen immediately after you enter the nursing home. Depending on your personal situation and goals, there are a few things you should know about selling the house while living in a facility: • If you wish to sell your house while still living independently, doing so will require outside assistance from professionals like real estate agents or interior designers. You should talk to them about what they think is best for the house (i.e., how much do they estimate it could sell for? What kind of changes should be made before putting it on the market?). If you want to move into an assisted living facility without first selling your house, you may want to consider getting long-term care insurance, as it may be necessary to pay for your stay in the facility until you can sell the home (the payout of which could cover paid off or monthly mortgage installments). If you will need a down payment for an assisted living facility, you will either have to take some money from savings (usually frowned upon), withdraw funds from somewhere else that is not an IRA or 401K (which could lead to paying a hefty fee), or get help from family members. If you need help to pay for your stay in the nursing home, you should discuss Medicaid with an elder law attorney before applying for government benefits (this is more complicated than it seems and can take, or take all/part of the amount needed out of the sale of your house. These are just a few things to consider when thinking about selling your home and entering an assisted living facility.


Although it may be difficult to think about selling the home, it could provide much-needed financial relief for your family members. For more information on property discussions surrounding assisted living coordination and elder law visit www.johnsonandsmithlawfirm.com.


Renting out the Home


When moving into a nursing home or assisted living facility, another option instead of selling your home is to rent your home. If you do not have the money to fund your stay in a facility, this could be beneficial because it will give you some income coming in each month. Everyone’s financial situation is different and you should discuss your situation with a financial advisor or estate planning attorney.


To ensure that everything goes smoothly when it comes time to rent out the house, there are some things that should be considered before putting it on the market: It can be difficult to find tenants that pay on time and maintain the house properly while you are away Neglecting maintenance of amenities, such as pools, can cause huge problems. All parties involved must make sure rental documents are signed and maintained. Collection of rent must be monitored or else risk not receiving it. Properties need to be checked periodically during tenancy period. Arranging for repairs needs to be conducted if necessary. Renter’s insurance must be obtained.
As you can see, renting a house can sound like a great idea on paper, but as the house’s owner, you still have major responsibilities that become even more difficult to fulfill from a nursing home or assisted living facility. Contact Johnson & Smith law firm


When thinking about your future, please do not hesitate to contact Johnson & Smith Law Firm so we can help you through this process. Our elder care attorneys can answer your questions, provide legal advice and prepare any last wills and testaments that are necessary before you enter the nursing home for good. When planning ahead, it is important to have an expert by your side so everything goes smoothly in case of emergency and unforeseen circumstances.


Contact Johnson & Smith law firm at (704) 714-4517 today to discuss how to transition into an assisted living facility, sell your house while still living independently or get long-term care insurance if needed during coming years when thinking about selling the house or transitioning into a nursing home.

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