Thursday, March 29, 2018

Factors that Impact Child's Custody Resolution

A custody dispute is often a difficult time for everyone involved. Typically, both parents want to have some sort of custody of the child. It can turn ugly pretty quickly. It's best to keep your top priority in mind when going through a divorce that involves children - the happiness of your child. As your experienced divorce lawyer at the Lake of the Ozarks, we know this is a very trying time. Knowing the factors that can impact the resolution of your custody dispute can help you through the process. Take a look below and learn about the various situations that can impact custody resolution when filing for divorce.

Child's Relationship with Parent

An important factor in a child custody dispute is the child's relationship with each parent. If one parent has been more involved with a child in a divorce, that parent may more easily gain custody. It's important to be involved in your child's life, especially through a difficult time - like the divorce of his or her parents. Even if it may be awkward for the parents, try to stay as involved as possible with your child during this process. Being there for your child is really what is important!

Child's Preference

If your child is of a certain age, their preference may be a factor in the judge's decision for custody resolution. Your child may be more comfortable living with one parent over the other and this is an important factor. It's vital to your custody resolution that your child has a say if they are old enough to make such a decision.

Mental and Physical Health of Parent

Each parent may be evaluated for mental and physical health. This may help show which parent can provide a healthy environment for the child. If one parent has a drug history or alcohol addiction, they may not be the best fit for the child's care. Your number one goal during a custody dispute should be to provide a positive environment for your child, should they come to live with you.

Employment Obligations of Parent

If one parent is out of town for business frequently, this may not be the best fit for the child involved. It's important for the parent who receives custody to be able to provide a stable home environment which involved being present for your kid.

Living Accommodations for Child

Each parent's home may be evaluated for living condition. It's important to have a safe place for your child to live. Try to find a home that is clean and provides a positive space in which your child can thrive. This can greatly improve your chances of receiving custody of your child during the divorce process.

Parent's Wishes

The wishes of the parents may be taken into consideration during the process. If an agreement of joint custody can be resolved, the courts typically want both parents to be involved in the child's life. As long as both parents can provide a positive and safe environment for their child, a joint custody resolution is usually the right fit.

Types of Custody Resolutions:

Legal Custody - A parent who has legal custody are able to make legal decisions on matters impacting the child.

Physical Custody - The parent who the child physically lives with.

Sole Custody - One parent has both physical and legal custody of the child. The other parent may have visitation rights but does not have any custodial rights.

Joint Custody - Both parents share physical and legal custody, therefore making decisions about the child together.

Now that you've hopefully learned more about the custody resolution options, you are ready to find an experienced attorney at the Lake of the Ozarks. Our law firm in Lake Ozark, MO can help you through the entire divorce process - custody dispute included. If you anticipate going through a divorce in the near future, give Gibbons Law Firm a call. We can help you get started and work on presenting your side for custody resolution. Your first consultation with us is always free!

Remember, your initial consultation with Gibbons Law Firm is always free.

Your Trusted Legal Resource

Gibbons Law Firm
2820 Bagnell Dam Blvd, Suite B4
Lake Ozark, MO 65049
(573) 348-2211

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Tuesday, March 20, 2018

Life Changes... and So Should Your Will

Updating your will is an important task, although many individuals don't do so. It's not something that people think about often but should be done on a regular basis. There are many changes that take place in one's life and they typically call for updates to a will. A number of factors in your life can directly affect your will. It's important to keep this document up to date as often as possible. Our Lake of the Ozarks law office can help keep your will updated. If you've gone through life changes recently, it's time to make changes to your will. We can help you make any needed amendments to your will. Below you can find examples of life changes that may call for changes to be made to your existing will.

Beneficiary is Deceased

When a loved one passes away, your will may be the last thing on your mind. It's important to make a change in your will if someone who you have named as a beneficiary has passed away. You can always have these funds passed on to the individual's beneficiary.

Growth of Family

Whether you have a child or adopt, this new family member may need to be added to your will. If you intend for your assets to be split between your kids, you need to include the names of said children. This can help to protect your child or children, should something happen to you. You will also want to include WHO will gain custody of your kids, should you pass away.

Children turn into an Adult

Once your kids enter into adulthood, you may want to make changes to your will. Many times individuals will set a guardian until the child has reached the age of eighteen. After your child reaches this age, they will be able to take care of themselves and do not need a legal guardian. Your will can be changed to take off guardianship of your kids after they are adults. You may also have your assets set to disperse differently after they have reached adulthood.

Change in Marital Status

Your will should state specifically who you wish to receive your belongings. An update should be made if your marital status changes. Whether you get married or divorce, this life change can have a big impact on your will.

Change in Assets

If you experience a significant increase or decrease in income, you may want to update your will. An increase can actually leave your beneficiaries with a higher tax burden if you have not planned accordingly.

The only thing you can expect in life is the unexpected. That's why keeping your will updated is so important. Whether you want to change a beneficiary or have updates to make to financial totals, it's important to keep your will as up to date as possible. Your will can help carry out your wishes after you pass. Make sure your property and other assets go to exactly who you wish with an updated will. If you're looking to make changes to your will, contact Gibbson Law Firm today. We can help update your will and ensure your wishes are carried out. Remember, your initial consultation with our Lake of the Ozarks law firm is free!

Remember, your initial consultation with Gibbons Law Firm is always free.

Your Trusted Legal Resource

Gibbons Law Firm
2820 Bagnell Dam Blvd, Suite B4
Lake Ozark, MO 65049
(573) 348-2211

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Thursday, March 15, 2018

Distracted Driving - The Legal Dangers You May Face

Distracted driving has claimed the lives of 3,477 in 2015 alone. The best way to combat this tragic occurrence is to educate drivers about the dangers - not only the physical dangers but the legal impact it may have on your life. As your Lake of the Ozarks lawyer, we know how important it is to keep focused on the roadway when behind the wheel. In this week's blog, Gibbons Law Firm will cover some of the legal dangers you may face if you drive distracted.

Top Driving Distractors:

Texting - Texting takes visual, cognitive, AND manual attention away from driving - all at the same time. The average time the eyes leave the road to read a text message is five seconds. That is about 100 yards if you are traveling 55 miles per hour. A driver is 23 times MORE likely to be involved in an accident if they text while driving.

Eating - When you eat while driving, you are taking your attention away from the roadway. Many times you may look down to search for your food in the bag or look to locate your drink. When you eat in the car, there is a higher chance of dropping food which can lead to further distractions trying to pick it back up. Anytime your eyes leave the road or your attention is drawn away from driving, it can create a dangerous situation on the roadway.

Music - Changing the radio station seems like a simple task, but it can easily take your attention off the road. Reaching to turn the dial and worrying about which station you are on can be a distractor. If you are changing a cd, it can be an even bigger distraction fumbling with the cd case and inserting it into the player.

GPS - It's best to configure your GPS before starting to drive. Trying to type in an address while moving can be difficult and dangerous. When driving, try to pay attention to what your GPS is telling you ahead of time. This can help to avoid last minute lane changes when you are busy driving.

Grooming - A number of people will take care of some facial grooming behind the wheel. From putting on makeup to shaving, you may feel like you are saving time if you do these tasks while driving. Multitasking behind the wheel is dangerous for you and others on the roadway.

Legal Dangers of Distracted Driving:

While distracted driving may not be illegal, there are legal consequences you may face if you do operate a vehicle while focused on something else. If someone is injured due to your negligence while operating a vehicle, you may face a wide range of penalties – including the risk of being sued. On the flip side, if you are injured due to someone else driving while distracted, it’s important to know your rights. A lawyer who specializes in personal injury can help represent your claim if you’re involved in a distracted driving situation.

Our law firm at the Lake of the Ozarks encourages you to keep your eyes on the road and stay focused. Distracted driving can present a number of legal dangers. If you are involved in an accident due to being distracted, our law firm can help present your case. As a personal injury lawyer at the Lake of the Ozarks, we can help guide you through the legal process you are about to face. For a FREE consultation for your personal injury case in mid-Missouri, set up an appointment with us today!

Remember, your initial consultation with Gibbons Law Firm is always free.

Your Trusted Legal Resource

Gibbons Law Firm
2820 Bagnell Dam Blvd, Suite B4
Lake Ozark, MO 65049
(573) 348-2211

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Friday, March 9, 2018

Reasons to Sign a Prenuptial Agreement

Marriage is an exciting time for many couples. It's a legal contract between two parties, creating a union of the two. While there are many tasks to be completed when planning a wedding, a prenuptial agreement may be far from your list of things to do - but it shouldn't be. A prenup - or prenuptial agreement - addresses the financial situation should the marriage dissolve. It's not a fun thing to think or talk about as your marriage is just getting started - but it is a helpful document, should you need it. Our Lake of the Ozarks law firm can help you and your future spouse put together a prenup so you can move forward with confidence. Take a look below to learn just a few of the reasons why a prenuptial agreement may be right for you and your marriage circumstances.

One of you has more money.

If you or your partner has substantially more money than the other, a prenup can help to protect your assets. This can also help ensure that someone is not marrying you for your money, and for who you are. It's important to protect your assets when you enter into a marriage.

Your or your spouse plan to stop working.

If you plan to quit your job to start raising children, it can impact your income in a major way. A prenup can help to ensure that the financial burden of raising the children is shared fairly by both partners.

Someone has a substantial amount of debt.

When you marry someone, you can be partially responsible for their financial debt. If your marriage ends, you may be stuck with part of this debt load, even if you did not help accrue it. A prenup can help to make sure you are not burdened with debt that is not yours.

The divorce rate.

About half of all marriages end up in divorce. This is a staggering statistic and it's best to be prepared for the future. A prenuptial agreement can help to protect you and your assets, as well as your spouses', should your marriage end in divorce.

You are a business owner.

Your ex-spouse could end up owning part of your business if a prenup is not signed when you get married. Help to protect your business and help to prevent a spouse from becoming a part owner in your business.

This is the second marriage.

Children, support obligations, and a home with a previous spouse can all affect your second marriage. It's important to protect your assets and help to make sure your financial burdens stay your own if your next marriage does not work out.

Help avoid a stressful situation if you do divorce.

A prenup can have all assets, debts, and other factors split up before you even enter into marriage. This can help to fairly disperse all belongings and make the divorce process less-stressful.

It's a smart move.

To best protect you and your spouses' assets, a prenuptial agreement is the way to go. For a financially smart move, consider having you and your partner both sign a prenup, before you get married.

Now that you've learned about some of the reasons why a prenuptial agreement may be right for you and your future spouse, you are ready to take action. If you want to put together a prenup, it's important to discuss this with your soon-to-be husband or wife. Don't spring it on them at the last minute. Have an open and honest discussion about the reasoning behind your wish to sign a prenup. This can help to show why this can be of benefit to both parties and get you both on board for the agreement. If you are ready to get a prenup put together, contact Gibbons Law Firm today. We can help put together an agreement for you and your future spouse. Remember, your first consultation with our family lawyer at the Lake of the Ozarks is always FREE!

Remember, your initial consultation with Gibbons Law Firm is always free.

Your Trusted Legal Resource

Gibbons Law Firm
2820 Bagnell Dam Blvd, Suite B4
Lake Ozark, MO 65049
(573) 348-2211

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Friday, March 2, 2018

Quick Legal Tips For Your Small Business

Starting a new business can be an overwhelming feat. While there are a number of legal requirements that need to be taken care of, the work doesn't end once you are open for business. It may be difficult to focus on the legal side of your business, even though it's important to protect your venture at all times. As your business lawyer at the Lake of the Ozarks, we are here for your small business. Take a look below to learn some of these quick legal tips for a small business venture.

Document, Document, Document

We can't say it enough - documentation is vital to the legal protection of your business. Whether it's a new employee being hired, contracts with customers, or outsourcing your marketing - keep good documentation of all agreements. This can help to protect you and your business, should a conflict arise. If you have everything documented well, you can easily prove your side via the paperwork you have on hand.

Use Employment Agreements

Many small business owners utilize friends and family, especially when getting started. While this can be of great benefit the business owner, it's important to ensure you treat these employees just like everyone else. It's also vital to keep good documentation when letting an employee go. Document the reasoning and conversation that takes place, when firing an employee.

Keep Up To Date on Legal Changes

The legal world is always changing. While it can be hard to keep up with, it's important because it can have a direct impact on your business. Try to stay on top of changes that take place in the legal world and anything that may affect your industry.

Review All Contracts on a Regular Basis

Once you have your legal contracts reviewed and ready to go, that's not the end of the road. On a regular basis try to have your business lawyer review these documents. With each year, you may need to make updates to your contracts in order to stay up with any loopholes that may come about. It's also important to update any dates or other information to ensure they are still relevant.

Safeguard Your Intellectual Property

Intellectual property is a BIG deal for any business but can have a devastating impact on a small business. Be sure you protect this property well. Consult legal assistance when it comes to safeguarding your intelligence. Trade secrets, trademarks, copyrights, and confidentiality are all examples of intellectual property. When hiring a new employee, be sure they are clear as to what information they are privileged to and what they are not allowed to disclose to others outside the business. This can help to keep your vital information safe and help you legally protect this property.

Finding the right business lawyer near the Lake of the Ozarks can help your venture in a number of ways. If these tasks seem too time-consuming, consult a legal professional. A lawyer will be able to assist with all of these legal tips to help protect your small business.

We know you are busy with the many hats required to run your small business. While your attention may be pulled in a hundred different directions, it's important to focus on protecting your business. If you want further advice protecting your small business venture, give Gibbons Law Firm a call today. The first consultation with us is always free! We look forward to helping you protect your small business and livelihood of you and your family!

Remember, your initial consultation with Gibbons Law Firm is always free.

Your Trusted Legal Resource

Gibbons Law Firm
2820 Bagnell Dam Blvd, Suite B4
Lake Ozark, MO 65049
(573) 348-2211

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