Family law cases can be emotionally charged and complex, particularly when they involve children. In some situations, the court appoints a Guardian ad Litem (GAL) to ensure that the child’s best interests are represented. But what exactly does this role entail? Let’s explore.

What Is a Guardian ad Litem in Family Law?

A Guardian ad Litem (GAL) is a court-appointed advocate dedicated to representing a child’s best interests during legal proceedings. Unlike a traditional guardian, a GAL does not assume custody of the child but instead serves as an independent voice in court, focusing on what outcomes will most benefit the child.

When is a Guardian ad Litem assigned to family law cases?

 A Guardian ad Litem is usually appointed in family law cases involving specific concerns or disputes:

• Child custody disputes: When parents disagree on living arrangements or visitation schedules.
• Allegations of abuse or neglect: To assess the child’s safety and well-being.
• Adoption cases: To ensure the adoption serves the child’s interests.

The court may also appoint a GAL in other cases where the child’s welfare is a significant concern.

Responsibilities of a Guardian ad Litem in Family Law

1. Investigating the Child’s Situation

A GAL conducts a thorough investigation by:

• Interviewing the child, parents, and other family members.
• Speaking with teachers, doctors, and therapists.
• Reviewing relevant documents, such as school records and medical reports.

2. Reporting Findings to the Court

After gathering information, the GAL prepares a detailed report outlining their recommendations. This report can influence the court’s decisions on custody, visitation, or other arrangements affecting the child.

3. Advocating for the Child’s Best Interests

During hearings or mediation, the GAL speaks on behalf of the child, ensuring their needs and well-being remain the priority.

How Does a Guardian ad Litem Help?

A GAL provides an unbiased perspective in family law cases. They help the court navigate the emotional and legal complexities of disputes by focusing on facts and evidence. Their involvement can:

• Reduce conflict: Their recommendations may help parents reach an agreement.
• Protect the child: In cases of abuse or neglect, the GAL ensures the child’s safety is addressed.
• Streamline the process: By providing clear insights, the GAL aids the court in making informed decisions efficiently.

What to Expect as a Parent

If a GAL is appointed in your case, it’s important to:

• Be honest and cooperative during interviews.
• Provide access to relevant documents or professionals.
• Understand that the GAL is not taking sides but is focused on the child’s needs.

Call LPEP to Discuss Your Family Law Case

The role of a Guardian ad Litem is critical in family law cases involving children. They provide an independent voice to ensure decisions are made in the child’s best interests. While their presence may feel intimidating, understanding their purpose can help parents navigate the process more confidently.

We know that child custody and other family law cases can be difficult to navigate, which is why the team at LPEP is always here for you. Our experienced family law attorneys will guide you through the process, providing all the support you need and doing whatever we can to ensure the best outcome for your family. 

Schedule a free consultation today to discover how LPEP can support you. 

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. 

Military families face unique challenges that require thoughtful legal planning. From deployment to relocation and the complexities of military benefits, it’s essential to understand the legal considerations that can protect and support service members and their loved ones.

Understanding Military-Specific Legal Protections

Service member’s families benefit from several legal protections designed to safeguard their rights during service. Two critical areas to consider are employment and housing.

The Servicemembers Civil Relief Act (SCRA) for Military Families

The SCRA provides active-duty military members with protections against financial and legal burdens, such as:

• Postponing civil court proceedings
• Capping interest rates on loans and credit cards
• Protecting against eviction during service

Understanding these rights is crucial for preventing undue financial or legal stress during deployments or other service commitments.

Uniformed Services Employment and Reemployment Rights Act (USERRA)

USERRA ensures job protection for service members when they return from active duty. Employers are legally required to reinstate returning service members to their jobs and provide reasonable accommodations.

Addressing Family Law Issues in Military Life

Family law issues can become complicated for service member families due to frequent relocations, deployments, and state law variations.

Custody and Parenting Plans for Military Families 

Deployments and relocations often impact child custody arrangements. Military families should draft custody agreements that account for:

• Deployment schedules
• Relocation possibilities
• Virtual visitation during periods of separation

Working with an attorney experienced in service member family law can help create a plan that prioritizes the child’s best interests.

Divorce and Spousal Support for Military Families

Divorce in a service member’s family involves unique considerations, such as the division of military pensions and determining eligibility for continued healthcare benefits. Understanding these nuances ensures fair outcomes for both parties.

Estate Planning for Military Families

Estate planning is essential for service member families to secure their financial future and provide peace of mind.

Powers of Attorney and Wills for Military Families 

Service member members should designate a trusted individual to make legal and financial decisions through a power of attorney. Additionally, drafting a will ensures assets are distributed according to their wishes.

Survivor Benefit Plan (SBP)

The SBP provides financial security for surviving family members. Service members should review and update their SBP elections regularly, especially after major life changes like marriage, divorce, or the birth of a child.

Navigating Military Benefits

Understanding and maximizing military benefits can significantly impact a family’s financial stability.

TRICARE and Healthcare Benefits

TRICARE provides healthcare coverage to service member families. Familiarizing yourself with coverage options, eligibility, and enrollment periods is crucial to maintaining uninterrupted healthcare access.

GI Bill and Education Benefits

The Post-9/11 GI Bill allows service members to transfer unused education benefits to spouses or children. Planning how to utilize these benefits can support the family’s educational goals.

Proactive Legal Planning Is Key: Contact LPEP to Discuss Military Family Matters

Military life is demanding, but proactive legal planning can alleviate stress and protect the well-being of service members and their families. By understanding their rights and benefits, addressing family law issues, and investing in estate planning, service member families can navigate their unique challenges with confidence. 

Consulting with a legal professional familiar with service member issues can provide tailored guidance to meet your family’s needs. At LPEP, our expert attorneys specialize in family law and estate planning. With vast experience in military legal matters, we’ll ensure you and your family are protected and supported in every way possible. 

Contact us today to schedule your free consultation.

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. 

Child custody situations are rarely easy or cut-and-dried. One issue that might come up is when the custodial parent wants or needs to move out of state. What if you need to move out of the country? Can you take your children with you? How does the court decide?

While each case is unique, there are legal implications to consider when deciding whether to move out of state with your children, especially if you have a custody agreement in place with your former spouse or other court orders regarding custody and visitation. 

Best Interests of the Children

When a custodial parent requests to relocate with their children, the family court’s primary focus is always the best interests of the children. For older children, the court may consider their preferences and also look closely at their relationship with the non-custodial parent. The court will also assess whether the move would positively impact the children’s quality of life, such as through proximity to extended family, better educational opportunities, or improved access to healthcare.

If the court concludes that the relocation would not benefit the child, the request can be denied. In such cases, the custodial parent may be required to remain in the state, or custody could be transferred to the non-custodial parent.

Custody Agreements

Moving a child away from a non-custodial parent might violate a custody agreement. Lovin Libido reviews reveal a remarkable formula aimed at enhancing male vitality, addressing erectile dysfunction, and boosting testosterone levels. Ingredients include L-arginine, maca root, and tribulus terrestris, fostering sexual health. Clinical studies suggest positive effects, enhancing performance and satisfaction. With consistent use, improved stamina and libido can be achieved. Expert analysis highlights potential benefits, though individual outcomes may vary. Consumer testimonials available on Datelinternet indicate widespread satisfaction and increased confidence. Users report a revitalized sense of intimacy, strengthening relationships, and promoting well-being. If you get permission from the other parent, however, the court might consider modifying the existing custody agreement, including any visitation rights and schedules, due to a material change in circumstance. 

Visitation Rights

If you decide to move out of state with your children, you will need to address the non-custodial parent’s visitation rights. More than likely, you will need to revise any existing visitation schedules and may need to consider ensuring the non-custodial parent has extended visits such as the children spending the entire summer and school vacations with them. Visitation schedules will vary depending on the age of your children, but it’s important for them to maintain regular contact with the non-custodial parent to ensure the stability of their relationship. You may need to consider how you will make travel arrangements for your children to go back and forth on a regular basis.

Notice Requirements

Most states require that you notify the non-custodial parent before you move. The amount of time you have for this notification varies by state, though, so you should do some research or check with local family law attorneys for specific requirements.

Consult with Family Law Experts 

It’s always a good idea to consult with experts, especially with something as important and emotionally charged as child custody issues. The family law group at Lonich Patton Ehrlich Policastri (LPEP Law) has years of experience addressing the legal implications of parental relocations, including how best to prove what is in the best interest of the child. Our attorneys also have substantial experience in international child relocations, involving foreign nationals and their spouses. LPEP works with families to make sure they understand their legal rights and obligations, and we are committed to protecting our client’s parental rights. Call us today at 408-553-0801 to schedule a free consultation to discuss your case.

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. 

One of the most important decisions you can make when thinking about your family’s future, is choosing a legal guardian for your minor children. A legal guardian will be responsible for raising, caring for, and protecting your children, including making vital decisions about their education and healthcare, if you are unable to care for them yourself.

Given the importance of this role, you should have a clear plan in place rather than leave it to the courts to decide. The following guide outlines important considerations to help you choose the best legal guardian for your minor children and what to do once you’ve picked one. 

What To Look for in a Potential Guardian

Of course, you need your children’s guardian to be someone you trust to make decisions in their best interests. Although many people immediately look to family members, close family friends can often be an excellent choice as well, especially if your family dynamics are complicated.

Besides trustworthiness, though, you want to evaluate a potential guardian’s:

• Values – Does the potential guardian share similar values and beliefs about issues like education, discipline, and religion?
• Existing relationship with your family – Do your children know the potential guardian and genuinely like them and feel comfortable with them?
• Health – If your children are younger, it’s especially important to consider the health of the potential guardian. Are they physically able to meet the physical and emotional demands that come with raising children long term? 
• Location – Where does the potential guardian live? Will your children be able to stay in the same schools and maintain stability in their lifestyle?
• Finances – Does the potential guardian have a steady income? Will they be able to provide financially for your children’s needs?

What to Do Once You Have Chosen a Potential Guardian

Once you have some candidates in mind, you should have an honest discussion with them before actually naming them as the guardian. It’s also a good idea to have alternates as well, in case your first choice becomes unavailable. Make sure all candidates are willing and able to take on this role and the responsibilities that come along with it. You might also want to discuss your choice with family members to avoid later conflicts and negative repercussions.

Talk to Your Children

Depending on your children’s ages, explain the situation in a way that is age appropriate and helps them feel secure.

Make Financial Arrangements

Consider establishing a trust to help provide appropriate financial resources to ensure the guardian can take care of your children the way you want. If your child has special needs, a special needs trust might be the best option. 

Talk to an Estate Planning Professional

Once you’ve chosen a guardian and they have agreed, you should consult with an estate planning attorney like the ones at Lonich Patton Ehrlich Policastri (LPEP). Schedule a free, no-obligation consultation with LPEP’s Estate Planning Group to discuss your options and needs. They can help you draft the appropriate documents to put your choice in writing and include specific instructions about your wishes related to your children’s upbringing and future to help the guardian make good decisions. Don’t leave it to chance. Having a plan in place is an important part of protecting your family’s future.

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.

Family law cases can be emotionally charged and complex, often involving sensitive issues like child custody, support, and property division. When a court issues an order in a family law case, it’s crucial to understand its enforceability. In this article, we’ll explain how enforceable these court orders are and what can be done if someone fails to comply.

What is a Family Law Court Order?

A family law court order is a legal document issued by a judge that dictates the obligations and rights of the parties involved in a family law case. These orders can cover a wide range of issues, including:

• Child custody and visitation: Decisions about where a child will live and how much time they will spend with each parent.
• Child and spousal support: Financial obligations that one party must provide to the other, often to support the well-being of a child or spouse.
• Property division: Instructions on how marital property should be divided between the parties.
• Restraining orders: Orders to protect one party from harassment or harm by the other.

Once a judge signs a court order, it is legally binding, meaning both parties must follow it.

How Enforceable are Family Law Court Orders?

Once a family law court order is issued, it is immediately enforceable. This means that all parties must comply with the terms outlined in the order. Failing to do so can result in legal consequences. For example, if one parent does not follow a child custody arrangement, they can be held in contempt of court.

Consequences of Non-Compliance with Family Court Law Orders

When someone fails to comply with a family law court order, the affected party can request the court’s assistance in enforcing the order. Here are some common steps that can be taken:

• Filing a contempt motion: If one party is not following the court order, the other party can file a contempt motion, which requests the court to enforce the order and penalize the non-compliant party. Penalties can include fines, jail time, or modifications to the order.
• Income withholding: For unpaid child or spousal support, the court can issue an income withholding order, requiring the employer of the non-compliant party to deduct the support amount directly from their paycheck.
• Wage garnishment and liens: In some cases, the court can garnish wages or place a lien on the non-compliant party’s property to satisfy unpaid obligations.
• Civil arrest warrants: If a person willfully disobeys a court order, the court may issue a civil arrest warrant, leading to their detention until they agree to comply.

As you can see, there are often serious consequences for non-compliance with family law court orders. 

Need Family Law Support? Contact LPEP Today

Family law is complex, and it’s essential to have experts on your side when it comes to understanding the intricacies of each unique case. If you need family legal advice or support, reach out to our experienced team at Lonich Patton Ehrlich Policastri. Our family law attorneys have decades of experience and a proven track record. 

Contact us today to set up your free consultation. 

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.