My Civil Advocate

A job opportunity, education, military duty, marriage, and a change of scenery are among the reasons why people relocate. However, when children from a previous relationship are involved, it's not a simple matter. A move can have a significant impact on the child as well as the visitation rights of the noncustodial parent. A custodial parent needs to be familiar with possible travel restrictions in their divorce or child-custody agreement, and with state law, before contemplating a relocation. Although laws differ form state to state, frequently, the custodial parent must notify the noncustodial parent of their intention to move. It is incumbent upon the noncustodial parent to file an objection with the court if they are not on board with the relocation. They may also seek a change in the custody agreement. It's a very serious matter when a custodial parent does not abide by the agreements stipulated in the divorce/child-custody decree or state law concerning a move. They r...

We figured it might be helpful to produce a short article that summarizes the key differences among different types of custody. Full custody: this means that one parent is granted the majority of custody time and legal rights for the child. Joint custody: in this situation, the parents can split the physical custody of the child, and then have just one of the parents handle the legal custody (and, as a result, make any major decisions on behalf of the child). More common is to have parents share legal custody and then have one parent awarded physical custody. True joint custody arrangements, in which parents share both physical and legal custody equally, tend to be rare because of the logistical and personal issues involved (scheduling, added stress, disruption of the child's routine, costs, etc.) Sole custody: this means that one parent is awarded full legal and physical custody. These arrangements are rare, and are typically only set up if one parent is deemed unfit or wh...

We often hear a lot of confusion regarding the terms "will" and "trust", with some folks even thinking that they are one and the same, which is definitely not the case. Though both are key elements of estate planning, they serve distinct roles. A will only goes into effect after the will's creator  - also known as the testator - has passed away. The person then responsible for carrying out the desires of the testator and distributing assets to the beneficiaries is referred to as an executor. Executors are in charge of wills, not trusts. So, whats a trust? A trust is a legal arrangement under which one person or institution, called a trustee, holds legal title to property that will eventually be distributed to beneficiaries. Unlike a will, a trust can be "active" the moment it is created. It may be used to distribute property to beneficiaries prior to the death of the trust's creator (settlor), upon the death of the settlor, or delayed well afte...

Over the past decade, economic circumstances have played a major role in pension plans being frozen at a large number of corporations. Many traditional defined-benefit plans provide a monthly annuity payment to employees at retirement. A freeze on a pension plan means that the plan does not make any further additions to the employee's benefit. The traditional formula for determining benefits is based upon salary and years of service. The benefits grows larger with the numbers of years employed and with increases in salary. When a pension plan is frozen, the benefit ceases to grow and is locked in at the amount when the "freeze" occurs. A frozen pension plan will still pay benefits; it's just that there won't be as much to pay out since it was frozen. many people earn their largest amounts of income just prior to retirement. Those who are closest to retirement will see the largest portions of expected additional benefits denied them due to the pension being fro...

Adoption can be a long and emotional undertaking. Familiarity with adoption rules and procedures can benefit would-be adoptive parents. For an adoption to be legal, the birth parents must consent to the adoption - unless they have been legally stripped of their parental rights (e.g., unfitness). Most states do not permit the parents to sign a consent form until the child is born. In some states, birth parents need to wait three or four days. Even after a child has been placed in their adoptive home, in many states the birth parents still have a window of time during which they can change their mind- a period of angst for the adoptive parents. Understandably, some states require counseling for birth parents before they sign a consent form. Prospective adoptive parents will undergo a "home study" to make sure they are fit to raise a child. A state agency or licensed social worker will investigate issues such as marital stability, lifestyle, financial situation, physical a...