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Legal and practical advice Lucille P. Uttermohlen P. O. Box 278 Monticello, IN 47960 (574) 583-6661 |
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The process of divorce isn't that hard. It consists of initiation, the "provisional" or "intirim" period, and the final hearing and divorce decree. Here, the procedure is explained. For more information get your free sample chapter of -- One of the biggest areas of dispute in divorce is how to divide assets (property) and liabilities (debts). Here, we consider the different kinds of property, and the things you should think about when negotiating settlement. Practicing law isn't all fun and games. In fact, it can be a first class pain in the neck. If it wasn't for the humor in it, I'd quit and become a belly dancer. I'll tell you why, and keep you supplied with stories and information about family law. I'll also do you all a big favor and stick to practicing law. |
What Happens To Your Child If You Die?Our local judge makes an interesting point in custody cases. He also makes the windows rattle and the attorneys run for cover, but after the glass is cleaned up and we stop shaking in our boots, he makes this valid point. "If you die, where do you think your child will live?"This is a sobering question when parents hate each other's guts. "My boyfriend" or "their grandmother" is not the right answer. The fact is, that unless the other parent is an ax murderer or a drug dealer, his or her home is where the kids will end up. There is no custody battle when one of a child's parents dies or otherwise becomes unable to care for the child. Relatives may want to take over. Friends may even be better suited to do the job. However, the fact is that unless the other parent is totally unable to do it, the child will go to her without any action from the court, even if a previous custody battle went in the deceased parent's favor. Sometimes, the custodial parent tries to keep the child from the other parent by naming another person as guardian in his will. However, the guardian still has to file a petition for guardianship. He has to have solid proof that the surviving parent is abusive, or otherwise unfit to care for the child. It is not a question of where the child will be better off, or even more comfortable. It is strictly a question of capacity. Can the surviving parent provide food and clothing and shelter to the child? Is she going to abuse or neglect the child? Beyond those inquiries, the court has no authority in the case, no matter if the deceased parent's family think the other parent is the biggest jerk that ever walked the earth. Divorced people are well advised to try to encourage their former spouse to have a good relationship with their children. The child should spend as much time in the other parent's home as possible. She should be encouraged to have friendly dealings with step parents, as well as with other children with whom she might someday share a home. Opportunities to build a positive relationship with the ex's family should be used whenever possible. Custodial parents should make a point of coordinating the child's schedule so that the ex will have access on his special occasions. The child should be included in Family events such as reunions, weddings and funerals, no matter whose side of the family is involved. The birthdays of step-parents and siblings may not seem important, but the child should be given the opportunity to bond and share memories with the people in the other parent's home. Adult bitterness during a divorce is understandable. Behavior on both sides can be vexing and annoying, and it can be very hard to deal with the non-custodial parent for any reason, let alone something so important as the care of your child. It may feel like the people with whom the ex chooses to surround herself should not be relevant to your child's well being and happiness. If you survive to a ripe old age, maybe they won't be necessary. However, you should base your attitudes on what is good for the child. Even if you do live until you are 100, your child has only this time to develop his attitudes and values. The more people who know and love him, the more security he can take with him into adulthood. If you meet the grim reaper before your time, fitting into the other parent's life may be your child's key to recovery and living a normal life after you're gone. Either way, unless their are circumstances in your ex's life that could cause your child real danger, she will be better off if she can adjust to the worst situation, even if it never comes about. |
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Your Pocket Divorce GuideIf you and your spouse don't have children, property or debts, or you are in agreement about the issues you do have, you may choose to get divorced without a lawyer's assistance.Even if you do end up hiring counsel, you should understand the procedure of divorce so that you can participate fully in the management of your case. Your Pocket Divorce Guide will show you what you need to know to understand the divorce process. Go here to learn more and to claim your Free Sample Chapter
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