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legal obligations of a conservator represented by a woman signing documents in a law office and an inset of a woman helping an aging adult with paperwork

4 Ongoing Obligations of a Conservator of an Aging Adult

Screenshot Even though you can legally take on the responsibilities of a loved one’s financial and medical decisions when they become unable to do so themselves, being a conservator isn’t to be taken lightly. It’s not just about signing a document; that’s just the beginning. There are many ongoing obligations of a conservator of an aging adult that must be considered before agreeing. Obligation #1: Managing The Conservatee’s Personal Care (Acting in Their Best Interest) You don’t just step into the role of conservator; you must do so with the respect to the conservatee’s dignity. Following California Probate Codes governing fiduciary duties, a conservator must make sure the rights of the conservatee are protected. This includes taking into consideration their wants and needs before making any decisions, respecting their ability to receive visitors, and acknowledging any request for terminating the conservatorship. You also must be aware that once a judge signs off on the letters of conservatorship (which detail what you are allowed to do as conservator), you can be held personally liable if found negligent or going against the conservatee’s best interest. Obligation #2: Keep Detailed Records of All Actions and File Annually with the Court As a conservator, you must maintain meticulous accounting regarding changes to income and expenses, and the health and living situation of the conservatee. After filing an initial appraisal of all assets, the court will appoint someone to conduct periodic reviews, usually every two years after the first twelve-month initial review. Conservator’s must also attend all court hearings and court-offered trainings, keep their contact information up-to-date, and cooperate with investigators. Failing to meet these requirements may be cause for intervention or removal as conservator. Obligation #3: If Conservator of the Estate, Manage Finances As a conservator of the estate, there are many requirements that must be met beyond simply managing finances. First, you must file a surety bond with the court (unless ordered otherwise). Second, you must track all expenses, maintain all necessary insurance (such as life insurance), and properly file all federal and state taxes. Finally, it’s always a good idea to open a separate conservatorship checking account. This way, you have a better gauge on the conservatee’s finances, can keep from comingling your money with theirs, and know when it’s necessary to borrow money on their behalf. Obligation #4: If Conservator of the Person, Make Healthcare Decisions. As a conservator of the person, you have the authority to approve medical treatment and manage caregivers. However, according to the Lanterman-Petris-Short Act, you must attend separate court hearings to place a conservatee in a psychiatric hospital, force feed them medications, or sterilize them. You must also provide copies of your letters of conservatorship to any hospital or care facility that request proof of conservatorship. These legally complex obligations can become emotionally draining, which is why it’s best to have an experienced attorney on your side. Check out our guide to Navigating Conservatorship for Aging Adults and then give King Law Firm Attorneys at Law, Inc. a call.

KLF king law firm conservatorship for disabled children 1 - King Law Firm Inc. Conservatorships for Disabled Children

Conservatorships for Disabled Children

In most states, the terms “Guardianship” and “Conservatorship” are one and the same; interchangeable. California, however, has a very clear distinction between the two. A guardian is someone who takes care of a child under the age of 18 when the child’s parents are deceased or incapable of properly caring for the child. A conservator, on the other hand, is someone who must take care of certain aspects of a child’s life once they turn 18 (or become a legal adult) because they are developmentally disabled. Developmental Disability Being developmentally disabled means the individual has been diagnosed with an ongoing disability (i.e. autism, cerebral palsy, or epilepsy) prior to turning 18. Some disabilities excluded as reasons for setting up a conservatorship include brain trauma, depression, and anxiety disorders. Types of Conservatorships There are two types of conservatorships: general and limited. A general conservatorship strips the disabled person of all individual autonomy. Basically, it eliminates their civil and legal rights, removing their ability to make decisions on everything from finances, healthcare, and education. In a limited conservatorship, the developmentally disabled individual retains most of their civil and legal rights. Instead, the court appointed conservator may only have control over specific aspects of the person’s life, which may include the individual’s living arrangements, ability to access confidential records and enter into contracts, social and sexual relationships (including marriage), healthcare, and education. The Dangers of Conservatorship The goal of a conservatorship is always to appoint a trustworthy, responsible person as conservator. However, because anyone over the age of 18 can become a conservator, this isn’t always the case. Half of all conservators in the U.S. are strangers, usually someone from the California Department of Developmental Services or a paid professional. Also, if a conservator dies, the judge will select a new conservator regardless of who the deceased conservator may have wanted to succeed them. Because of this, conservators may easily take advantage of the conservatee, whether financially, emotionally, or physically. Though there are safeguards when it comes to finances, many people still find ways to exploit the conservatee for financial gain. Conservatorships also do not protect against sexual or physical abuse, nor do they offer protection if a conservatee is arrested. Minor Conservatorships Though conservatorships in California are generally meant for adults, there are a few exceptions. When both biological parents die, a guardian will be appointed to care for the child’s health, education, and general well-being, but a conservator may be appointed to care for the minor’s financial estate, especially if they receive certain assets and property as part of a will or trust. A conservator may also be setup for a minor if the child needs specialized care the parents are unable to provide. With all of this in mind, conservatorship should always be a last resort. Setting up a power of attorney or hiring an advocate for decision-making may be better options for your specific circumstances. Call King Law Firm Attorneys at Law, Inc. to discuss your options.

child custody jurisdiction

Child Custody Jurisdiction—5 Things You Need to Know

John and Mary got a divorce and filed a custody arrangement. Now, Mary wants to move to a new state and take her child with her. She files a petition for custody modification in her new state. Unfortunately, the court denies her request because the state does not have jurisdiction. Child custody isn’t just about filing paperwork, explaining your case to the judge, and receiving a judgement. You must also have jurisdiction. What does that mean? Here are five important details you should know when dealing with child custody jurisdiction. 1. Jurisdiction—A Definition Jurisdiction grants a court the right to exercise their authority and apply the law. In other words, it’s the right of the court to hear and decide your case. 2. The Uniform Child Custody Jurisdiction Enforcement Act (UCCJEA) For the court to hear and consider child custody or visitation rights, a state must first have jurisdiction over the child. So, what state has jurisdiction? To provide blanket enforcement rules across the nation, the National Conference of Commissioners on Uniform State Laws drafted the UCCJEA. It clarifies that the child’s home state, or the state in which the child has lived for six continuous months, holds jurisdiction over the child. The act also includes uniform procedures for the registration and enforcement of custody orders across state lines. The UCCJEA was drafted in part to keep parents from shopping for a more favorable court. Massachusetts is the only state (including the territories of D.C., Guam, Puerto Rico, and the Virgin Islands) that has not adopted the UCCJEA. 3. Continuing Jurisdiction Once custody has been heard and decided in court, that state maintains continuing and exclusive jurisdiction over the child up and until significant connection to the state changes or dissolves, or neither parent lives in that state any longer. 4. UCCJEA Exceptions Exceptions to the UCCJEA include: When a child hasn’t lived in a state for six consecutive months. Jurisdiction then falls to the state where the child has lived the longest and to which the child has significant connections (i.e. family and friends). A court outside of the child’s home state files a temporary emergency order due to child abuse or domestic violence. Adoption, juvenile delinquency, emancipation, or emergency medical care. When a parent or guardian has sole legal and physical custody. If foreign custody orders have not been adopted and recognized by the U.S. 5. Kidnapping and Child Abduction Moving to another state without having sole legal and physical custody, or having a custody arrangement to do so, could be deemed by state law as kidnapping. However, if the parent files for an emergency order in another state, the laws behind the definition of kidnapping become grayer. In the same vein, moving to another country without an official custody order could constitute international child abduction. To avoid these issues, consult an attorney who understands the UCCJEA before removing a child from their home state.

Relocating To a New State as a Guardian or Custodian of a Child

Relocating To a New State as a Guardian or Custodian of a Child

People change, jobs change, environments change. When you have children, these changes can become complicated and stressful, especially if it means relocating a child out of state. Whether you have custody or guardianship over a child, if another parent or family member is still in the picture, moving with a child can become complicated, especially if one fails to adhere to court agreements. Below are a few things to know before deciding to move a child out of state. Custody vs. Guardianship Custody is when someone has full (or shared) responsibility over a child. Sole custody gives the bulk of the responsibility to one parent (and visitation to another) while joint custody gives responsibility and shared living arrangements to both parents. Guardianship, meanwhile, grants responsibility of a child over to a non-biological caretaker. This means the biological parents may still be in the picture but have been deemed unable to provide a healthy life for the child. Relocation as a Primary Custodial Parent Whether moving for a job, a change of scenery, or a better education, the primary custodian (aka the parent for which the child lives the most) should review the custody arrangement before making any final decisions. If the primary custodian is moving outside of a court-approved radius, they must provide the court and the non-custodial parent written notice about their decision 45 days prior to the move. This gives the secondary custodian time to contest it. Parents with sole custody usually have a presumptive right to move out of state, however, a parent with joint custody who wants to move a child out of state must file a move-away order. Factors a judge will consider during a move-away hearing include: The distance of the move The emotional, environmental, educational, and physical needs of the child The child’s relationship with the parents Whether there’s a support system in place in the new location If granted, the move-away order would force the modification of the original custody arrangement, which may not always go in favor of the primary custodian. Relocation as a Guardian Unlike custody, guardianship is much more involved when choosing to move a ward out of state. In California, the guardian must fill out the following forms and submit them to the court 45 days prior to moving: Petition to Fix Residence Outside of the State of California (Form GC-085) Notice of Hearing – Guardianship or Conservatorship (Form GC-020) Order Fixing Residence Outside of the State of California (Form GC-090) These forms must also be served to all interested parties, including the biological parents, within 15 days of the move. Should an interested party object, a hearing will decide if relocation is in the best interest of the child. If the move is granted, the guardian will need to file for guardianship in the new state and relinquish their guardianship in the old state. If this all seems overwhelming, contact a family lawyer who can help mitigate the stress.

holiday custody children child

3 Keys to Making Holiday Custody Work for You

Plenty can happen to make the holiday season stressful. Simply knowing they’re just around the corner is bad enough; then there’s dealing with shopping, meal preparations and family obligations. The last thing you want is to fight with your former spouse about how much time each of you will get to spend with your son or daughter. Every good parent wants to spend every holiday and special occasion with their children. Depending on a family’s custody arrangements and personal circumstances, though, doing so may not be possible. In almost all cases, compromise is essential. To give you the best chance at a stress-free holiday season, we’ve compiled three key components for dealing with custody during the holidays. Make a Schedule and Stick to it Whether it’s Thanksgiving, Christmas, or New Year’s, having a set schedule is the foundation for a strong, healthy custody arrangement. Holidays should always be split equally between each parent. The first step may be to divide holidays based on the current custody arrangements. Once you know which holidays fall during a specific parent’s schedule, it becomes easier to decide how to divide the holidays accordingly. If both parents wish to spend certain holidays with the child, consider sharing the holiday, wherein one parent has the child in the morning and the other in the evening. You may also consider alternating years, which can best help relieve a child’s stress level. Whatever’s agreed upon, a clear schedule mitigates confusion, anger and fighting among parents and provides security and a more positive experience for the child. Don’t fight the change; Embrace it. No matter what schedule you agree upon, sharing custody will never be easy if you continue to try and recreate the past. To fully appreciate the future, you must move forward, not backward. First and foremost, acknowledge that things will be different in years to come and embrace these changes by remaining flexible when it comes to creating new traditions with your child. Communicate The ultimate key to maintaining a strong relationship with your former spouse and children during the holidays is, and always will be, communication. Things change over time. Emergencies happen, work issues come up, children’s moods change. No matter the case, communicating with your spouse and child when things do change will reduce the amount of stress and anger that may be generated by sudden, unexpected deviations from the agreed upon schedules. What if you aren’t on speaking terms with your former spouse? There are apps that can be used to share schedules, send photos, and setup a social network for family and friends. This also helps guarantee all changes are in writing so that no one can make excuses for not following through with their commitments. The holidays are meant to be fun. If you follow these key steps, take care of your own physical and mental health, and intentionally spend time with other friends and family, you should have no trouble giving thanks for your many blessings this holiday season.

KLF Blog britney spears conservatorship free britney 1 scaled - King Law Firm Inc. Britney Spears Conservatorship Abuse

Britney Spears Conservatorship Abuse

On the surface, Britney Spears is a successful entertainer worth nearly sixty million dollars. A flourishing music career and a seemingly upbeat public persona would indicate she’s living a healthy life. However, as evidenced by Britney’s outcry to end her father’s conservatorship, her life behind-the-scenes is a lot darker than we’ve been led to believe. What is a Conservatorship? Conservatorships allow someone to gain legal guardianship over an adult. Its original intent was to protect the best interests of those who have been in a serious accident or have been found to be mentally incapable of making rational financial or medical decisions. Conservatorships can be limited to the control of someone’s finances or healthcare, or they can be given full control over the entirety of another’s decisions. A probate or family court will determine if a conservatorship will be short-term, temporary or permanent. What Led to Britney Spears’s Conservatorship? The road that led to Britney’s conservatorship began in 2002 with her very public breakup with Justin Timberlake. She spent her days mired in work and her nights partying with the likes of Paris Hilton and Lindsay Lohan. In 2004, Britney met and married Kevin Federline. The couple divorced shortly after the birth of her second son two years later. Although both parents partied after the divorce, Britney got the brunt of tabloid fodder. This constant deluge of attacks on her character eventually led to the infamous shaving incident. Her downward spiral continued after losing shared custody of her children. During one of her visitations, Britney refused to let her kids go and was placed under an involuntarily psychiatric hold. A second incident a few weeks later led to the inevitable request for a conservatorship. How was Britney’s Conservatorship abused? Abuse happens due to the broad aspects of conservatorships. In Britney’s case, a lot of factors opened the door for her father, Jaime, to take advantage of his daughter’s hardships. Legal proceedings for Britney’s conservatorship took very little time, with no questions or testimony. The California law requiring a five days’ notice before the enactment of a conservatorship was waived. Monitoring of the conservatorship was lax, allowing Jamie to revoke Britney’s marriage and reproductive rights, monitor her friends and conversations, and limit her spending. She was also constantly threatened if she refused to perform or agree to jobs her father assigned her. #FreeBritney and the Future An online movement that would become known as #FreeBritney has led the United States Congress to draft bipartisan legislation to reform the state-run conservator system. A judge in the case has finally agreed to allow Britney to hire her own lawyer and file a petition demonstrating that the conservatorship is no longer required. The rise in Britney’s net worth after the conservatorship was put in place would indicate that everything was done in her best interests. Only those close to the matter may ever know for sure. But, regardless of whose story is true, Britney’s case has brough a spotlight to the possibility of conservatorship abuse.

custody visitation out-of-state moving COVID-19

Child Custody Across State Lines and the Ramifications of COVID-19

After a divorce, parents may feel they and their child need a change of scenery. This is understandable; however, always make sure to inform the non-custodial parent if that change of scenery means taking a child across state lines. Temporary Vacations If this change is temporary, say to visit relatives or go on a vacation, non-custodial parents generally won’t mind, so long as it doesn’t interfere with any current custody orders or travel restrictions. Regardless, informing the non-custodial parent shows respect and allows you to obtain written consent should any future disputes arise. Permanent Moves Moving a child to a new state permanently is a different matter. Even if you have sole physical custody, there’s a possibility you could be charged with child kidnapping, especially if the non-custodial parent did not know about the move. In California, a parent must give the non-custodial parent 45 days’ notice prior to a move. Should the non-custodial parent dispute the move, both parents will make their case in front of a judge for the best interest of the child. Factors that may be considered include: The reason for the move; Distance from the non-custodial parent; and Impact on the well-being of the child. Visitation In the Wake of COVID-19 If moving a child out-of-state after a divorce wasn’t complicated enough, when it comes to visitation and custody arrangements, there’s still considerations we must adhere to when dealing with the ramifications of COVID-19. Luckily for most parents, courts are no longer using COVID 19 as an excuse to keep non-custodial parents from exercising their visitation rights. Unfortunately, that still may not stop some custodial parents from using the following excuses to attempt to deny a non-custodial parent visitation: One parent works in healthcare, are constantly exposed to large groups of people, or have tested positive for the virus; There are stay-at-home orders or regional lockdowns in place; One parent disagrees with current mandates, such as wearing masks, washing hands or social distancing. One parent seeks to move to, or currently lives in, a hot spot; The parents live too far away from one another; A child must travel on a plane, or there are travel bans or quarantines in place. It may seem respectful to listen to, and acknowledge, some of these concerns, however if visitation is being denied for any of the above reasons, it’s important to seek legal advice and/or seek a court intervention immediately. COVID-19 has made living hard on everyone, but no more so than on parents who want to share in their child’s lives. Just remember, whatever the situation or concerns may be, it is always best practice to talk to a lawyer about your specific case before making any travel arrangements or permanent moves.

Guardianship Child Adult Estate Ad Litem Overview

Guardianship — An Overview

Guardianship may seem easy to understand on the surface, but there is a lot more to it than you might realize. Firstly, guardianship is not the same as adoption. Where adoptions give the guardian permanent parental rights over a child, guardianship is temporary and does not normally remove all parental rights from biological parents. Secondly, guardianship is not limited to children. Before petitioning for guardianship, here is a quick overview of what you should know. The Guardian’s Role The responsibility of a guardian is to provide for the day-to-day needs of a child or an adult. In the case of a child, parents may still be financially responsible if they retain physical custody; otherwise, the guardian is responsible for all financial needs of the child. And, whether a child or adult, guardians must get permission from the court before spending any money or selling assets or property. Types of Guardianship Having Guardian over the Person is when someone is given legal authority to make decisions over a child or adult’s well-being. For a child, this includes personal, medical, educational and financial decisions; for an adult, this includes consent for medical and end-of-life care, financial management and honoring pre-determined wishes. Having Guardian over the Estate is when someone is granted responsibility to safeguard a child or adult’s financial assets. In the case of a child, this type of guardianship lasts until the child turns 18. And becoming a Guardian Ad Litem is when a judge appoints someone to protect a child’s best interest during custody hearings. Reasons for Guardianship Both parents of a child die; A child’s parents are going through a divorce; A child receives a large financial gift; A child lives with someone other than their parents on a long-term basis; A couple is looking to adopt; or An adult is found to be incapable of making their own decisions. The Guardianship Process To obtain guardianship over a child or an adult, one must first file a petition with a court in the county of which the child or adult has lived for at least six months. In the case of a child, a letter of consent must be included with the petition. This is followed by interviews with the petitioner, the child, the parents and any other interested party, as well as a home visitation and criminal background check. A judge will then review the petition and hear from any interested parties, after which the judge will either approve or deny the petition. Depending on the circumstances, this process could take several months. Termination of Guardianship Guardianship ends when: The agreed upon terms have been completed; The guardian chooses to resign; The ward passes away; or a judge determines guardianship is no longer needed or it no longer serves the best interest of the child or the adult. Whatever type of guardianship you’re seeking, it’s always best to contact a family law attorney to help navigate the potentially complicated and confusing process of becoming a guardian.

Unmarried Couple Move In together

Common Misconceptions of Unmarried Couples

Recently, there’s been a rise in the number of young unmarried couples living together and older couples merely “shacking up” instead of getting married. What these couples may not understand is that simply being in a long-term, committed relationship does not give them the rights and benefits of a married couple. Misconception – California is a common law state Though there are several states that do recognize common law marriage (which states as long as you live together in a committed relationship for a set number of years, you will receive the same rights as a married couple), California is not one of them. Living together, or cohabitating, does not guarantee the same rights to property and inheritance. In the eyes of the law, these couples are nothing more than “legal strangers.” In other words, the rules governing community property and intestacy do not apply to unmarried couples. This can make some things easier, but others, such as the division or inheritance of real estate, can become quite sticky. Having a cohabitation agreement covering financial obligations during and after cohabitation, a will, and/or a living trust is a must to guarantee the correct distribution of property. Misconception – Custody and Paternity automatically belong to both biological parents Despite what you may believe, unwed fathers have very little, if any, rights when it comes to custody. Regardless of whether someone is the biological father or is in a long-term, committed relationship with the mother, the mother is automatically granted one hundred percent physical custody of a child born out of wedlock. In California, though, courts do take into consideration the health, safety and welfare of the child. If the father is the primary caregiver or has signed a Declaration of Paternity at the time of birth, he may have more rights when it comes to custody and visitation. Misconception – Cohabitants have rights in health care decisions Unlike married couples, cohabitants do not have any rights when it comes to making medical decisions on behalf of their partner. Spouses, adult children and biological parents are treated as top-priority decision-makers, regardless of how long someone has lived with their partner. Therefore, individuals must have a medical or healthcare directive in place. This includes a Health Care Declaration indicating how you are to be treated in emergency situations, as well as a Durable Power of Attorney for Healthcare designating who has the right to make medical decisions on the individual’s behalf. Misconception – Cohabitants can dictate funeral arrangements Although cohabitants may have told their partner what they want when they die, it doesn’t mean that person has the right to carry out those wishes. These decisions automatically go to the next of kin, and only a spouse, parent, child, grandparent, sibling or legally authorized representative may order a certified copy of the death certificate. Having a will or other notarized legal affidavit granting these rights to the cohabitant is the only way to keep family members from going against the deceased’s wishes.

three films with separated families

Top 3 Holiday Films Featuring Separated Families

With the holiday season fast approaching, let’s take a look at three holiday films that feature separated families and what we can learn when it comes to dating, building unique relationships, and creating new traditions with your kids. Dutch (1991) Introducing a new significant other to your child can be a tricky situation. In Dutch, Natalie (JoBeth Williams) sends her boyfriend (Ed O’Neill), to pick up her son (Ethan Embry) from boarding school for Thanksgiving. This probably wouldn’t be an issue if her son knew her boyfriend was even a part of Natalie’s life. This is not the way you want to handle such a sensitive situation. It takes time for a child to bond with someone new because they may believe you’re trying to replace their other parent. Allow your child to get comfortable with the idea and make sure the relationship is going to last before introducing them. It’s also a good idea to introduce them in a group setting, where they won’t feel pressured or uncomfortable. Bottom line, throwing someone new into your child’s life unexpectedly is a good way to get shot with a BB gun. The Santa Clause (1994) There are many reasons why a couple grows apart. Whatever that reason, it shouldn’t affect the relationship your ex and your child. No matter how much you may not like it, each parent will have different ideas about how to raise their child. This isn’t wrong, it’s just their unique way of bonding. In The Santa Clause, Scott Calvin (Tim Allen) becomes the new Santa after accidentally causing the old Santa to fall from his roof. This identity change scares his ex-wife (Wendy Crewson), leading her to strip Scott of his custody. However, just because you may feel aspects of the relationship are eccentric, it doesn’t mean the parent is negatively harming the child. Keep communication open and allow the relationship between your ex and your child to grow into what it’s meant to be. After all, forcing your child from a parent they love may just be what sends them running off to the North Pole. Four Christmases (2008) Figuring out custody during the holidays can be a difficult process, especially when each parent has traditions they want to preserve. The best thing to do is maintain a healthy relationship with your spouse so you can create a holiday schedule that works best for everyone. In Four Christmases, the dilemma becomes, do Brad and Kate (Vince Vaughn and Reese Witherspoon) go on a tropical vacation or visit all four of their separated parents over Christmas? No one wants their child to be miserable during the holidays, so do what you can to accommodate your wishes with that of the child. Whatever the compromise, be creative and always make sure you’re putting the child’s needs first. Otherwise, when the kids are all grown up, they may rather spend the holidays on a tropical island.

pet prenup california jpg - King Law Firm Inc. Protect Your Pup with a Pet Prenup

Protect Your Pup with a Pet Prenup

A prenup for a pet? Why? Because you love your pet. We know you do. Whether it be a dog, a cat or even a horse, they aren’t just a piece of property you have to walk and feed. They bring joy, comfort and friendship; the deep bond you form with your pet makes them an integral part of your family. Now imagine bringing a pet into a new relationship or deciding to adopt a pet after getting married. Both you and your significant other no doubt love the animal as much as you love one another. In some cases, your pets become your children. But then things take a turn for the worse. Arguments get heightened and you just want out of the relationship. As your lawyers begin to divide your property, your pet becomes a bargaining chip. Your significant other fights tooth and nail to keep the animal, while you refuse to give it up. Like your once brand-new couch, your hope for an amicable divorce is ripped to shreds. In recent years, custody battles over pets, especially with the millennial generation, is on the rise, as they choose to have pets over kids. This is why more and more couples are gravitating toward a prenup prior to the adoption of their new family member, so that they may avoid similar scenarios. A pet prenup can help decide who in the relationship will care and feed for the animal, pay for insurance and medical bills, take them to the veterinarian, and ultimately who would retain the pet in the event of a breakup or divorce. In most states, pets are still treated as property, making the prenup an iron-clad statement of ownership. However, California recently passed Assembly Bill 2274, which differentiates companion animals and pets from all other types of assets and allows the courts to judge the merits of ownership on the health and well-being of the animal, even with a prenup in place. Without a prenup in place, if your name is on the adoption documents, the animal is considered yours. However, if your spouse is the sole caretaker of the animal, the judge could conclude that the animal would be better suited to live with them. Having a prenup in place would help you better fight for the rights of the animal. Pet prenups may also include shared custody arrangements, which outline what custody would look like in the event of a divorce. If you have children, a shared custody arrangement would generally follow the child’s, giving comfort and stability to both the child and the pet. If you don’t have kids, custody arrangements are better when agreed upon prior to taking on the responsibility of pet ownership. Best of all, having a pet prenup can give you piece of mind and a healthier relationship with both your significant other and your pet. And isn’t that what we all really want?

War of the Roses Divorce

Movies to Help You Through Your Divorce

Still from "War of the Roses" With so much advice coming from all different directions — friends, family, lawyers, blogs — stress and confusion can keep you from making the most rational, logical decisions when going through a divorce. Sometimes it’s best to get out of your own head for a few hours, so we’ve compiled a few movies that might help put your current situation into perspective. The War of the Roses This film by Danny DeVito may not be the most obvious choice, but the fantastically dark tale of a couple (Michael Douglas and Kathleen Turner) who turn their lives upside down just to spite the other offers a meditation on what not to do when going through a contentious divorce. Although DeVito (who also plays a divorce attorney) tries to convince his client to work through their issues with his wife by telling him the story of the Roses, no one should stay with someone they don’t trust or respect. So, if reconciliation is not an option, remember that strong communication and a willingness to compromise is key to a smooth, stress-free divorce. Mrs. Doubtfire Robin Williams portrays a man who goes to extreme lengths to spend time with his kids after separating from his wife in this Oscar-winning film. On the surface, dressing up as an old British woman may seem borderline psychotic, but deep down, it’s merely the desperation of a man willing to change everything if it means becoming a better father (and a better man). In most cases, each parent loves their child equally, so keeping one parent from being a part of their children’s lives can hurt both the child and parent. Of course, not all parents deserve to raise their children, but before making any rash decisions, take a step back and be open to making a reasonable decision based on how willing the other parent is at changing their life. Kramer vs. Kramer Another Oscar-winning film that deals with the parent-child relationship, this film focuses most of its energy on custody. Meryl Streep plays a woman who leaves her husband (Dustin Hoffman) and child (Justin Henry), then returns months later to reclaim custody after the two men have formed a deep bond. Your job as a parent is to make the divorce process as stress free as possible. When pettiness rears its ugly head and you tear down your spouse for personal gain, it can have lasting negative effects on a child. Also keep in mind that fathers also have rights that should be taken into account when deciding on custody. The moral of all these films is to remove hatred, fear, resentment and pettiness from the equation when dealing with divorce and work together to compromise efficiently and see the situation from the other point of view. In this way, you’re able to move through the process with ease and make everyone feel they’ve been heard and are happy with the outcome.

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