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What you don’t know about Child Custody.

Child Custody Laws: A State-by-State Guide to New York, Florida, California, and Texas

Child custody laws are complex and can vary significantly from state to state. Understanding the unique laws and regulations in your state is essential when navigating a child custody dispute. In this guide, we provide an overview of child custody laws in New York, Florida, California, and Texas.

Child Custody in Texas, NY, Florida, California
Child Custody in Texas, NY, Florida, California

New York

  • In New York, child custody laws are gender-neutral, meaning that both parents have equal rights to custody of their child.
  • The court considers the best interests of the child when determining custody arrangements.
  • New York recognizes two types of custody: legal custody and physical custody.
  • Legal custody refers to the parent’s right to make decisions on behalf of the child, such as medical and educational decisions.
  • Physical custody refers to where the child resides.
  • Joint custody is typically preferred in New York, unless it is not in the best interests of the child.
  • If one parent has a history of domestic abuse, it may impact custody decisions.
  • New York also recognizes visitation rights for non-custodial parents.

Florida

  • In Florida, child custody is referred to as time-sharing.
  • The court considers the best interests of the child when determining time-sharing arrangements.
  • The court also considers each parent’s capacity to maintain a relationship with the child and their ability to encourage a relationship with the other parent.
  • Florida recognizes two types of time-sharing arrangements: majority time-sharing and equal time-sharing.
  • Majority time-sharing means that one parent has the child for the majority of the time.
  • Equal time-sharing means that each parent has the child for an equal amount of time.
  • Florida also recognizes visitation rights for non-custodial parents.
  • If one parent has a history of domestic abuse, it may impact time-sharing arrangements.

California

  • In California, child custody laws are gender-neutral, meaning that both parents have equal rights to custody of their child.
  • The court considers the best interests of the child when determining custody arrangements.
  • California recognizes two types of custody: legal custody and physical custody.
  • Legal custody refers to the parent’s right to make decisions on behalf of the child, such as medical and educational decisions.
  • Physical custody refers to where the child resides.
  • Joint custody is typically preferred in California, unless it is not in the child’s best interests.
  • California also recognizes visitation rights for non-custodial parents.
  • If one parent has a history of domestic abuse, it may impact custody decisions.

Texas

  • In Texas, child custody is referred to as conservatorship.
  • The court considers the best interests of the child when determining conservatorship arrangements.
  • Texas recognizes two types of conservatorship: joint managing conservatorship and sole managing conservatorship.
  • Joint managing conservatorship means that both parents have equal rights to make decisions on behalf of the child, such as medical and educational decisions.
  • Sole managing conservatorship means that one parent has the right to make decisions on behalf of the child.
  • Texas also recognizes visitation rights for non-conservator parents.
  • If one parent has a history of domestic abuse, it may impact conservatorship decisions.

Conclusion Child custody laws can be complex and vary significantly from state to state. It is essential to understand the unique laws and regulations in your state when navigating a child custody dispute. In New York, child custody laws are gender-neutral, and joint custody is typically preferred. In Florida, child custody is referred to as time-sharing, and the court considers each parent’s capacity to maintain a relationship with the child. In California, child custody laws are gender-neutral and joint custody is typically preferred. In Texas, child custody is referred to as conservatorship, and both joint and sole conservatorship may be awarded. If you are dealing with a child custody dispute, it is important to consult with a qualified attorney who can guide you through the legal process and help you achieve the best outcome for you and your child.

2023 Probate Guide: Understanding Wills, Trusts, and Probate

Probate Guide: Understanding Wills, Trusts, and Probate

When it comes to estate planning, many people are unsure of where to begin. Estate planning involves several legal documents and can be a complicated process, especially if you are unfamiliar with legal terminology. In this guide, we will provide an overview of some of the legal documents involved in estate planning, including wills, trusts, and probate.

Wills

A will is a legal document that outlines how you would like your assets distributed after your death. A will can also appoint guardians for minor children and name an executor who will manage your estate. If you die without a will, your assets will be distributed according to the laws of your state, which may not reflect your wishes.

“One of the primary benefits of a trust is that it can avoid probate. Probate is the legal process that occurs after someone dies, during which their assets are distributed according to their will or the laws of their state. Probate can be time-consuming, expensive, and public, so many people prefer to avoid it if possible.”

One of the main benefits of having a will is that it allows you to choose who receives your assets. In a will, you can specify how your assets should be distributed, identify specific beneficiaries, or leave assets to a charity. Without a will, your heirs may spend months or even years trying to sort out your estate.

If you have minor children, a will can also appoint a guardian to care for them if you pass away. In the absence of a will that appoints a guardian, a court will choose a guardian for your children.

Trusts

A trust is a legal arrangement in which you transfer assets to a trustee who manages them for the benefit of the beneficiaries named in the trust agreement. There are many different types of trusts, and they can serve a variety of purposes.

One of the primary benefits of a trust is that it can avoid probate. Probate is the legal process that occurs after someone dies, during which their assets are distributed according to their will or the laws of their state. Probate can be time-consuming, expensive, and public, so many people prefer to avoid it if possible.

Another benefit of a trust is that it can provide greater control over your assets. Unlike a will, which goes into effect after your death, a trust can be created during your lifetime and can specify exactly how you want your assets to be used. For example, you might create a trust to pay for a grandchild’s college education or to support a particular charity.

There are many different types of trusts, including revocable trusts, irrevocable trusts, and living trusts. Each type of trust has its own benefits and drawbacks, so it is important to consult with an attorney to determine which type of trust is right for you.

Probate

Probate is the legal process that occurs after someone dies. During probate, a court will determine the validity of the will, identify and inventory the deceased person’s assets, pay any outstanding debts or taxes, and distribute the assets to the heirs named in the will. If there is no will, the court will distribute the assets according to the laws of the state.

Probate can be a lengthy and expensive process, and it can tie up assets for months or even years. In addition, probate is a public process, so anyone can access the court records and learn about your assets and debts.

If you own property in multiple states, you may need to go through probate in each state where you own property. This can further complicate the process and delay distribution of your assets.

Ways to Avoid Probate There are several ways to avoid probate, including:

  1. Create a revocable living trust: A revocable living trust can allow you to avoid probate by transferring your assets to the trust during your lifetime. Because the trust is revocable, you can change or revoke it at any time.
  2. Joint ownership: If you own assets jointly with another person, such as a spouse, those assets will typically pass to the joint owner outside of probate.
  3. Beneficiary designations: Some assets, such as life insurance policies and retirement accounts, allow you to name a beneficiary who will receive the asset upon your death. These assets will typically pass directly to the beneficiary outside of probate.
  4. Transfer on death deed: Some states allow you to create a transfer on death deed that transfers ownership of real estate to a beneficiary upon your death.

Conclusion Estate planning can be a complex and confusing topic, but it is an essential part of ensuring that your assets are distributed according to your wishes. By creating a will or trust, you can have greater control over your assets and avoid probate. If you are unsure of where to begin, it may be helpful to consult with an attorney who specializes in estate planning to develop a plan that works best for your needs.

Help Stop the Epidemic of Child Trafficking

Child trafficking is an epidemic that plagues countries around the world, and the United States alone is home to thousands of children who are exploited each year. These victims often face a lifetime of trauma, both physical and psychological, and it is up to each and every one of us to help stop this horrific crime.

According to the National Center for Missing and Exploited Children (NCMEC), nearly 19,000 children in the United States were reported as missing in 2022. Approximately a third of these cases were suspected to involve child trafficking.

Trends show us that when children run away frequently or for long periods of time, they tend to be running from an unsafe situation or to an unsafe situation. 1 in 6 of the more than 25,000 cases of children reported missing to NCMEC in 2022 who had run away were likely victims of child sex trafficking. 

This is a sobering statistic that highlights the pervasive nature of the problem.

Child trafficking involves the recruitment, transportation, transfer, harboring, or receipt of children for the purpose of exploitation. This exploitation can take many forms, including forced labor, sexual exploitation, and even organ removal.

There are several reasons why children are targeted for trafficking. Poverty, lack of education, and social and economic instability are some of the main factors that make children vulnerable to traffickers. Traffickers often prey on children who are runaways, homeless, or who come from broken families.

The pandemic has only exacerbated the problem of child trafficking. As schools closed and social services were disrupted, children became even more isolated and vulnerable. The NCMEC reported a significant increase in reports of online enticement and other types of digital exploitation during the pandemic.

There are several signs that may indicate a child is being trafficked. These include physical signs such as bruises, scars, or burn marks, as well as behavioral signs such as sudden changes in behavior or unexplained absences from school. Children who are being trafficked may also be fearful, anxious, or depressed.

So, what can we do to help stop the epidemic of child trafficking? The NCMEC recommends several steps that anyone can take to help protect children from exploitation:

  1. Learn the signs of trafficking: By educating ourselves about the warning signs, we can be more aware of the problem and better equipped to help identify and report suspected cases of trafficking.
  2. Report suspicious activity: If you suspect that a child is being trafficked, it is important to report it to the authorities. You can contact local law enforcement, the National Human Trafficking Hotline at 1-888-373-7888, or submit a report online to the NCMEC.
  3. Support organizations that help victims of trafficking: There are several nonprofits and other organizations that work to help victims of trafficking. By supporting these organizations, we can help provide the resources and services that victims need to recover.
  4. Advocate for better laws and policies: We can also advocate for better laws and policies that help prevent child trafficking and provide better support for victims.

The fight against child trafficking is a daunting task, but it is not an insurmountable one. With the help of the public, law enforcement, and victim services organizations, we can help prevent the exploitation of vulnerable children and support the recovery of those who have already been victimized.

Sources:

“Child Sex Trafficking.” National Center for Missing and Exploited Children, 

“Child Trafficking.” United Nations Office on Drugs and Crime.

FBI Increases Ten Most Wanted Fugitives Reward

The Federal Bureau of Investigation (FBI) has increased the reward for its top ten fugitives. The increased reward offer comes as part of a new initiative aimed at apprehending the most wanted criminals in the United States.

The FBI has been working tirelessly for years to apprehend the country’s most dangerous criminals and bring them to justice. The Ten Most Wanted Fugitives list was established in 1950 and has since become one of the FBI’s most effective tools in identifying and capturing violent criminals.

As part of its new initiative, the FBI has increased the reward offer for each of the top ten fugitives to $100,000, up from the previous amount of $50,000. The increased reward is aimed at incentivizing the public to provide information that can help the FBI locate and apprehend these dangerous criminals.

According to the FBI, the new initiative is part of a broader effort to strengthen partnerships with local law enforcement agencies and other organizations that can help track down fugitives. Special Agent in Charge, Steven M. Martinez, stated, “This initiative will leverage the expertise and resources of the FBI and our many partners to ensure that we are doing everything possible to apprehend the most dangerous fugitives.”

The Ten Most Wanted Fugitives list includes individuals who are wanted for a variety of crimes, including homicide, drug trafficking, and fraud. The criminals on this list are considered to be some of the most dangerous in the country and are believed to be armed and extremely dangerous.

One of the criminals on the list is Rafael Caro Quintero, who is wanted by the FBI for his involvement in the kidnapping and murder of a Drug Enforcement Administration agent in 1985. Quintero was originally arrested in Mexico and convicted of the crime but was released from prison on a technicality in 2013.

Another fugitive on the list is Alexis Flores, who is wanted for the kidnapping and murder of a five-year-old girl in Pennsylvania in 2000. Flores has been on the run for over a decade and is believed to have fled to his native Honduras.

The FBI also added a new fugitive to the list, Arnoldo Jimenez, who is wanted for the murder of his new bride just hours after their wedding in 2012. Jimenez is believed to have fled the country and may be hiding in Mexico.

The FBI is asking the public to provide any information they may have about the whereabouts of these criminals. The increased reward offer is aimed at incentivizing people to come forward with information that could lead to their capture.

In conclusion, the FBI’s new initiative to increase the reward for its top ten fugitives is a step forward in the fight against crime. With the help of the public, the FBI hopes to locate and apprehend the country’s most dangerous criminals and bring them to justice. If you have any information on any of the fugitives on the Ten Most Wanted list, please contact your local FBI field office or submit a tip online.

Sources:

“FBI Increases Ten Most Wanted Fugitives Reward.” FBI, 12 Jul. 2019.

“Ten Most Wanted Fugitives.” FBI.