Tips to help college students avoid drinking to excess

On behalf of Mohajer Law Firm, APC posted in dui/dwi and drug crimes on Thursday, September 6, 2018. Whether your son or daughter started college this fall, is living in a fraternity or sorority this year or turned 21 over the summer, you’re likely nervous about how much drinking they’ll be doing at school. Young people aren’t masters of moderation. They might intend to have just a drink or two at a party. However, with some peer pressure, that can turn into a night of binge drinking. That’s not healthy under any circumstances. However, if your child gets behind the wheel, they’re endangering their life and those of others on the road. Even if no one gets hurt, if they’re arrested for drunk driving, they could be risking their college education and future career prospects. While you might not want to talk to your college student about drinking, particularly if they’re underage, there are some important tips you can share with them stay safe if they’re going to be drinking. Don’t drink on an empty stomach If you’re going to a party or a bar, have dinner first. Snacking while drinking can also help minimize the impact of the alcohol. So can alternating drinks of alcohol with water or juice. Be careful with unfamiliar drinks If the hosts are serving their own concoctions or even something you just haven’t had before, take some time after one drink before you have another to see how it impacts you. Don’t mix drugs and alcohol Even the combination of over-the-counter medication with alcohol can have a big impact. Some drugs, when mixed with alcohol, can be deadly. Keep an eye on your drink It’s too easy for people to slip extra alcohol or even drugs into an unattended drink. Your drink should stay in your hand. Don’t set it on a table or hand it to someone you don’t know while you use the restroom or dance. Stay out of the water If the party is near a pool or your friends decide to head to the beach, don’t go in the water. Some 70 percent of fatal drowning accidents involve alcohol. Of course, it’s essential to tell your kids not to get behind the wheel after drinking any amount of alcohol or ride with someone who has. There are plenty of options for safe rides. If your child is arrested for DUI, don’t let them deal with the justice system without experienced legal guidance.

Military members need proper child custody plans

smohajer
September 4, 2018
Blog/Without Tags
0 Comments

People who are in the military often worry about what is going to happen if they have children. There are many misconceptions about people in the service and child custody. Most often, people assume that those who are serving can’t have custody of their children. This isn’t the case. You can remain in the military and have your children with you as long as you plan carefully. Regardless of your service status, the court has to believe that having the children with you is in their best interests. The branch you are in will ask that you complete a family care plan, which is called a family care certification in some cases. Here are some points to remember about this plan: You may need 2 guardians listed In most cases, you need a short-term guardian who lives close to your current duty station. This person should be able to get to the children quickly when the need arises and should be able to care for them for up to 30 days. You also need a person who can care for them long-term. This guardian doesn’t need to live close by as they can get the children from the short-term guardian. It is sometimes possible to have the same person named as both. They must sign the plan as an acknowledgement that they will handle things if the time comes. Provide important details You should provide as much information about the child’s routine and life as you can. This includes their information for school and extracurricular activities, as well as medical care. Anything that you think the guardians need to know should be spelled out in the plan. If you don’t need to include it in the actual plan, write out a document for home so the person can have it, if necessary. Defense Enrollment Eligibility Reporting System Your children must be registered with the Defense Enrollment Eligibility Reporting System. This enables them to get an identification card that will allow the guardian to visit the commissary if they have a letter from your commanding officer, a power of attorney designation and the child’s identification card. The guardian can also enter a military facility with these documents. Plan for medical care If your children have any special medical needs, outline these. Leave a list of each child’s doctor and other medical professionals that they see. Try to always keep a list of current doctors’ appointments so the guardian can get the children to them if you are called away before they occur. Be sure to have a copy of the insurance cards handy. Making sure that you have everything in order is a good idea even if your custody plan will enable you to have the children on a part-time basis. This planning shows that you have the child’s best interests at heart.

Is collaborative divorce the right choice for you?

smohajer
August 20, 2018
Blog/family law
0 Comments

Not all divorces end up in a courtroom with bickering spouses and attorneys pleading their cases in front of judges. In fact, many couples are able to avoid the time, money and stress involved in litigated divorces. They work together to amicably negotiate the end of their marriages with the guidance of their attorneys. This is often referred to as “collaborative divorce.” When divorcing couples have children, collaborative divorce can be particularly valuable. It allows co-parents to work together to craft a parenting plan that puts the best interests of their children at the forefront. Couples using the collaborative approach are able to bring in financial and tax advisers, mental health professionals and other experts to help them work out their various agreements or provide support for something they’re seeking. Collaborative divorce doesn’t necessarily require spouses to feel warmly toward one another. However, it does require that they put aside their negative feelings to communicate openly and work together to settle financial, property and, of course, custody matters. It’s not for everyone. It’s not the best choice for high-conflict relationships, if spouses are far apart and unwilling to compromise on what they want or if there’s been any physical or emotional abuse in the relationship or the family. If you and your spouse have chosen to have a collaborative divorce, it’s essential to have a California family law attorney who has experience with this type of divorce to be by your side during the process. This can help you emerge from your marriage satisfied with the agreements that have been reached and in the best possible position to move on with your life.

Should you seek an expungement for your DUI?

On behalf of Mohajer Law Firm, APC posted in dui/dwi and drug crimes on Thursday, August 9, 2018. A few years back you made a mistake. You drove after a few drinks. You got pulled over by police and failed the Breathalyzer test. Ultimately, you pleaded guilty to a DUI. You paid a fine, went to the required classes and maybe served a couple of days in jail. Finally, you completed your probation. Now you want to put it all behind you. However, a single DUI can haunt you for years. Potential employers can find your DUI when they do background checks. So can potential lenders or landlords. Fortunately, here in California, you may be able to get a DUI expunged from your record once your probation period is over. It’s easier to get an expungement if it the DUI was a misdemeanor, but you may even be able to get a felony DUI expunged. That, however, is generally more complicated. It’s important to understand what an expungement will and won’t accomplish. As noted, it erases the conviction from records that can be accessed if you apply for a job or loan or try to rent an apartment. However, it doesn’t erase it from your criminal record. If you were to get another DUI, for example, you’d still be considered a repeat offender. Expungements require time and money. Therefore, before you decide to pursue one, it’s worthwhile to be honest with yourself about your chances of getting another DUI. If the first one was enough to make you stop drinking completely or to vow never again to get behind the wheel after even a sip of wine or one puff on a joint, it may be worth the effort — particularly if you may need to find another job or apply for a mortgage someday. A California criminal defense attorney can help you determine whether you’re a good candidate for expungement and help you through the process.

Tips for talking to your kids about the end of your relationship

You and your significant other have decided to end your relationship after a decade. Maybe you are married and planning a divorce. Maybe you never got married, but your cohabitation is simply coming to an end as you both move on with your lives. Either way, what is important is not the end of that relationship, but your kids. You only care about your children and what this means for them. You know how difficult and jarring it can be. You know that they do not fully understand the complexities of adult relationships, and something like this is going to change their lives forever. Below are a few key tips to help you talk it over with them: 1. Tell them about the living situation Children value consistency and reliable schedules. They will want to know where they’re going to live and who will live with them. Be open about the new schedule and ask for their input. Remember that things you do not find important — what neighborhood they live in or what school they go to — may be incredibly important to the kids. Be sensitive to that. 2. Stress that you both love them The only relationship changing is the one between you and your significant other. You still love the kids. You plan to spend time with them. You want their relationships with both of you to stay strong. Children need this love and support, no matter what living situation they have. Give it to them all the time. 3. Tell them they did not cause the break-up Along with the above, stress that the kids did nothing wrong and did not cause you and your significant other to end the relationship. Many kids assume this and feel distraught and guilty. If you do not say anything one way or the other, there is still a serious mental and emotional risk. Tell them repeatedly that they did nothing wrong, and that you love them. 4. Talk about safety and security We’re not talking about physical safety in most cases, but children need to feel safe and secure in their home life. Depending on their age, they may worry about things like having enough money, being able to afford a place to live, still seeing both of their parents and the like. Make sure they know that they will still be secure and that your focus is on not changing their lives as much as possible. Moving forward As you talk with your children, make sure you also take the time to look into your legal rights and options moving forward. Things to consider include child custody, child support, parenting plans and parental rights.

Former TV star says he can’t pay overdue alimony

Most people who get behind on their spousal and child support don’t serve jail time as a result. It’s rarer still for someone to request time behind bars. However, that’s just what John Schneider did. Schneider is best known as one of the stars of the popular television show “The Dukes of Hazzard.” Schneider’s wife was awarded nearly $19,000 a month in alimony after the couple broke up in 2014 after more than two decades of marriage. She cited irreconcilable differences in her divorce filing. Last month, Schneider was sentenced to serve three days in jail because he reportedly owes his former wife over $150,000 in alimony. He was also sentenced to 240 hours of community service and an additional 120 hours in jail for contempt. He was released from the Los Angeles County Jail the same day he was booked due to prison overcrowding. The contempt sentence was suspended in lieu of meeting certain conditions. These include paying the taxes needed to be able to transfer the couple’s property in Apple Valley to his ex-wife, submitting required financial disclosures and paying other money that he owes her. Schneider, however, says he probably will be unable to comply with those conditions and asked to serve his jail sentence instead. In a letter to the judge in the case earlier this month, he spoke of his “regret and embarrassment” about being unable to comply with the conditions set by the court. He told the judge he is “leveraged to the max.” The actor said that he has tried to do “what I believe is ‘right’ throughout this whole process.” The letter didn’t persuade Schneider’s ex-wife or her attorneys, however. They asked that it be stricken from the record until her attorneys could question Schneider in a hearing about the financial difficulties he has cited. One of the purposes of spousal support is to prevent a person from suffering undue economic hardship after a divorce. However, it’s not meant to send the payer into dire financial straits either. How much money a person ordered to pay support actually has, particularly if he or she has complicated financial dealings, can be a matter of dispute both during and after divorce. Whichever side of the equation you’re on, it’s essential to have experienced legal guidance to protect your rights and present your case.

Establishing paternity for unmarried fathers in California

More couples than ever before are choosing to co-habitate and even have children without actually getting married. There are many reasons why people have started to shift their relationships in this way. Children from divorced homes grow up more skeptical about the institution of marriage. Other people may simply feel like it is unlikely for them to stay with the same person for their entire life. If you have children with someone and you are not married, regardless of the reason why, when you split up you will have to think about how to secure your rights with the children. In the state of California, unmarried fathers have the right to establish paternity. Ideally, you get listed on the birth certificate as the father Typically, for married women, the child’s father is simply her husband. Regardless of genetics, unless there is a test or an issue, the husband of the mother will usually be the father of the child. For unmarried women, there is more flexibility. The mother could choose not to name a father on the birth certificate. From a father’s point of view, the best case scenario involves getting named on the birth certificate at the hospital. That is the simplest and earliest way to establish paternity. You and the mother can execute a Voluntary Declaration of Paternity If you weren’t involved in the pregnancy and birth of the child, or if the mother chose not to name you on the birth certificate, that doesn’t mean you have to go to court. Provided that she agrees that you are the father and is willing to acknowledge this, both you and the mother can sign a Voluntary Declaration of Paternity form. This document serves to inform the state of California that both the mother and you believe you to be the father of the child. Usually, you can use this form to have your name added to the birth certificate. If the mother won’t admit you are the father, you may have to go to court There are a number of situations in which the mother of your child may choose not to agree to acknowledge you as the father. Perhaps you had a rocky relationship, and she now wants to move on with her life. Maybe there are issues with her family, or she could have even been married at the time of her pregnancy. Regardless of the scenario, if the mother refuses to acknowledge you as the father of the child, you will need to ask the courts to stop in. Generally speaking, you have the right to request a hearing and ask the courts to order a genetic test. Provided you can supply the courts with adequate information that indicates you may be the father, they will order a DNA test. These tests are relatively conclusive and have a very small margin of an accuracy. Thankfully, the courts can compel the mother to present the child for testing even if she is hesitant to name you as the father. Once genetic testing confirms that you are the father of the child, you will be able to move forward with establishing your parental rights, such as visitation.

Every parenting agreement needs a conflict resolution plan

Your parenting plan needs to include a way for you and your co-parent to resolve disputes. If you haven’t agreed in advance to a methodology for conflict resolution, it could end up causing very big problems later on down the road. What kind of problems? Long, drawn-out and costly family law proceedings. No matter how well you and our co-parent get along right now, there’s probably a reason why the two of you are incompatible as romantic partners, and this incompatibility could rise up later in the form of a heated disagreement regarding how your child should be raised. To avoid the possibility of a stressful and expensive legal disagreement, parents can include the following provisions that pertain to conflict resolution within their parenting plans: 1. A method for resolving disputes out of court When you sign a contract with an investment institution, embedded within that contract will be an “arbitration clause,” that requires you to resolve disputes through an out-of-court arbitration process. Parents may want to do the same to avoid the potential expense of family court trial proceedings if a disagreement arises. To achieve this, the parents can agree to a specifically worded parenting provision that states they will utilize a licensed mediator or professional arbitrator to hear and decide their disagreements. In addition to requiring the resolution of disputes through arbitration, the parents should indicate how they will pay for the arbitration process. Perhaps they will indicate that Parent A will pay for 30 percent of the proceedings and Parent B will pay for 70 percent of the proceedings. They should also indicate how to start the proceedings. Usually, one parent will notify the other parent via certified mail. 2. A method for updating the parenting plan One way to avoid the chance of disagreement and difficulty is to create a parenting plan that’s sufficiently flexible, so that the parents can update it in response to changing conditions in their families. The parents may want to agree to meet once, twice or three times annually to discuss whether either of them wishes to make changes. They can also agree to provide one another with written notice to change the plan should an emergency issue arise. Create a parenting that serves your and your children’s best interests Creating a sound parenting plan is a delicate process that requires foresight and legal expertise. With an in-depth understanding of California state family law and knowledge of how parents have successfully organized their parenting plans in the past, Arcadia parents can prepare in advance for just about any situation.

Leaked court order provides look into Jolie-Pitt custody battle

Almost two years after Brad Pitt and Angelina Jolie broke up, the two are still sparring over custody of their six children. Although the superstar couple has sought to keep their divorce out of the media, a court order issued this month has made its way into the hands of CNN. It provides some insight into the couple’s legal battle. The court order includes a summer custody schedule in which Jolie will have primary physical custody of the children in London, where she is filming Maleficent 2. However, Pitt, who is living in Los Angeles, has shared custody of the kids — all of whom are under 17. He is also allowed to speak with them by phone with no restrictions. The court order mandates that Jolie make her kids aware that the “court has determined that not having a relationship with their father is harmful to them, that maintaining a relationship with both parents is “critical” and that they are safe with their father.” The language in the court order seems to indicate that the children’s relationship with Pitt is less than ideal. The order said, “If the minor children remain closed down to their father and depending on the circumstances surrounding this condition, it may result in a reduction of the time they spend with [Jolie] and may result in the Court ordering primary physical custody to [Pitt].” While Pitt didn’t publicly respond to the report, a spokesperson for Jolie referred to it as a “misleading leak” of what she claimed was a “confidential and sealed court record” that presents an “inaccurate and unfair picture of what is really happening.” CNN says, however, that the court order was not sealed. It’s not unusual for judges to be concerned if they believe that parents are trying to keep their kids away from their former spouse without good reason and/or that they’re negatively influencing their kids’ perception of their other parent. California family law attorneys help parents who believe that this is happening to them work to obtain the custody and visitation rights necessary to let them continue or rebuild a healthy relationship with their children.

What should your parenting plan cover?

On behalf of Mohajer Law Firm, APC posted in child custody and parenting plans on Wednesday, June 13, 2018. A thorough parenting plan can be a great tool as you and your soon-to-be-ex move to parenting your children separately. A good parenting plan can help ensure that the two of you are on the same page regarding how your kids will be raised. It can also minimize conflicts and misunderstandings that are stressful for kids. Each plan is unique, based on the children’s ages and needs. However, the following are a few basic things that your plan should address. How exchanges are handled This can include specifications for how children are dropped off and picked up when moving from the custody of one parent to another. You can specify things like whether anyone else is allowed to transport your children besides a parent. You can designate whether kids can be dropped off or picked up at locations other than their parents’ homes (like school or daycare). Accommodations to be provided It’s best for both parents to keep some things on hand for their kids to minimize how much they have to pack and carry when they switch homes. This can include clothing, toiletries, toys, electronics, and school supplies. Some parents specify what kind of sleeping and living arrangements the child will have, such as their own rooms. How to schedule and other custody changes are handled Some parents specify how much notification is required if a parent is unable to take the kids for their scheduled custody or visitation time. If you have a co-parent who’s chronically late, you may want limit for how late he or she can be in picking up or dropping off the kids. You may also specify what kind of changes require notification of the other parent. This can include notification if there will be other people in the home, if sleeping arrangements need to be changed or if one parent wants to take a child for an unscheduled weekend. Of course, your parenting plan will require some modification as your kids get older and circumstances change. However, if you have a thorough parenting plan at the beginning, you minimize the necessity to add things to it to deal with problems you experience while sharing custody. Your California family law attorney can provide valuable guidance as you work out your parenting plan.

Category