Orange County Family Law Blog | The Law Offices of Dorie A. Rogers, APC
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Family law has many facets that you might need

Thinking about family law, you might think about divorce and child custody. While those do make up the vast majority of the cases that run through this area of practice, there are many other facets that you should know about. In a recent blog post, we discussed emancipation of minors. This is one of the lesser thought of things that family law encompasses.

Another area that is sometimes forgotten about is adoption and guardianship of minors. These are very important in the family law system because they both aim to help children live the best life possible despite the difficult circumstances that life has thrown at them. These processes can have such a profound impact on a child's life that they can't be taken lightly by anyone who is involved in the process.

Do you need emancipation as a minor?

While many parents and children choose to remain in their traditional roles until the child leaves the home, this is not always the case. In some instances, a legal minor may wish to emancipate him or herself from parents, either for professional or personal reasons. This is not terribly common in all areas of the country, it is still a regular part of family law.

Emancipation allows a legal minor to operate as a legal adult in a variety of ways. In some cases, a legal minor may seek out emancipation because of an unstable home environment. In other instances, it is to take advantage of some particular opportunity and protect their rights in the future.

Appealing a divorce order

Few professions actively join unavoidably personal matters and legal disputes the way that a family law or divorce practice does. Your clients may assume that your services as a family law attorney are limitless, or may not realize just how much you truly can do for them. Either way, you face the difficult task of not only delivering results that your client needs, but also managing their expectations.

Managing expectations is especially important when revisiting any family law decision a court already issued. In some cases, clients may expect that you can literally work magic to achieve their goals. Of course, even for very talented and experienced attorneys, appealing a divorce decision sometimes feels like it could use a little supernatural assistance.

Have a plan for disaster in child custody cases

Nobody can see into the future to plan for every situation that might come up. When you have a child custody case, you might have to try your best to think about what disasters you might face so that you can plan for those. We know that this might be difficult but there are some situations that should be discussed now.

You have to remember that you and your ex will have to work as a team for child custody matters. The high stress that comes with disaster situations might make this very difficult. Having a plan ready can help. Consider these points:

Becoming a foster parent is an enormous responsibility

Choosing to care for children in the foster care system is special privilege and responsibility that very few individuals ever experience, despite the great need for more foster families throughout California and the country as a whole. If you believe that serving as foster parents with your significant other or as a single person may be a good fit, you should make sure that you fully understand the requirements you must meet and the difficulties you may face.

You may choose to offer a foster home to several children at a time, and children may cycle in and out of your home over time. Sometimes, a child is only in the foster system for a short while, while others spend the majority of their childhood in foster care. Similarly, you may have an existing relationship with a child and wish to give him or her a good home where his or her biological parents cannot or will not do so.

Handling the property division during a divorce

The property division process during a divorce is something that can be a challenge. One of the biggest assets that you will have to handle is the house, but before you get to that point, you need to think about some other points. All of this can be a challenge to contend with, but it is possible to make informed decisions if you take things one step at a time.

When you find out about the divorce, one of the first things that you need to do is take stock of what you have. Think about your income and the assets that aren't going to be divided. You also need to think about what bills and expenses you will have to cover. These can be complex since you will have to figure out what you think your ex will pay and what you will pay. Before you think about hanging on to a single asset, you need to know what you can afford.

Achieve the respectful divorce you need with proper guidance

For those who have never personally been through a divorce, the idea of divorce often holds unnecessary negative associations. Like many difficult experiences in life, divorce can be as civil and calm as you and your spouse allow it to be. Divorce experiences can range from a couple deciding to go their separate ways and filing uncontested divorce to spouses digging in their heels and fighting for every last scrap in the marriage. In most cases, it is one or both spouses who choose the direction the divorce may lean.

If you want a calm, civil divorce, you have the authority to choose that. Even if one party in the marriage wants to burn everything to the ground, they are not in charge of your responses. You can choose to pursue the divorce you want and can act within your conscience until the matter finalizes.

Keep your co-parent relationship healthy

Considering the past that you have with your ex, it is easy to see how co-parenting might be difficult. If you and your ex were able to always get along and agree, you would likely still be in a relationship. Since you are co-parenting, there is a chance that things will come up that might lead to conflict. At these junctions, you will have to figure out what to do to make the relationship healthy.

The most important thing for you to consider when you are fighting with your co-parent is how the decision impacts your children. There are times when you might have a knee-jerk response to something. If the matter is minor, it might be best to just let your ex have his or her way. Of course, this is only the case if what the co-parent wants isn't going to harm the children.

Trouble discussing prenuptial agreements?

When a couple decides to get married, there are many things that demand careful planning before the wedding. But while most of those plans involve the wedding itself, some of the most important work an engaged couple can do is to create a prenuptial agreement. Unfortunately, many couples don't know how to approach the issue because of common misconceptions about what a prenuptial agreement is and why two people might use one.

If you struggle to talk about a prenuptial agreement with the person you want to marry, you are certainly not alone. Many people feel that prenuptial agreements signify reservations about the sincerity of a couple's love for each other, or weaken a marriage by providing an express lane for divorce when difficulties arise in the relationship. While these are defensible perspectives, they fail to acknowledge the many ways that prenuptial agreements can strengthen a relationship and protect a marriage that goes the distance.

Dealing with overly emotional divorce clients

As a divorce attorney, you face a difficult task, but one that is potentially rewarding beyond the attorney's fees that you collect. In the best of circumstances, you may find ways to shepherd a person through a difficult season and into a fresh start in a new phase of life.

However, getting all the way through to finalization of the divorce and beyond is rarely a simple, easy process. The opportunities for you to misstep in your representation of your client are many, and any errors you make may prove costly for your client and possibly even your own practice or firm.