Factors That Are Considered When Awarding Child Custody

Do you know people who are divorced with children? The odds are you do. The divorce rate is still about 50%. Have you ever thought about what it took for child custody to be awarded to the parents? This is SO important to keep top of mind if you are ever considering divorce and you have children. Our divorce lawyers at the Lake of the Ozarks are here to give you a few factors that are considered when awarding child custody. If you need to speak with an experienced Mid-Missouri divorce attorney, please call Gibbons Law Firm today. Your first consultation is free. We can be reached at 573-348-2211.

Factors That Are Considered When Awarding Child Custody

When it comes to child custody cases in Missouri, the court has to look at what's in the best interest of the children. Many factors can play into that. Here are a few that may be considered:

FAIR SHARING OF TIME WITH THE CHILD

Which parent is more likely to allow the child frequent, continuing and meaningful contact with the other parent.

THE CHILD'S WISHES

• The child’s adjustment to the child’s home, school, and community.
• The needs of the child for a frequent, continuing and meaningful relationship with both parents and the ability and willingness of parents to actively perform their functions as mother and father for the needs of the child.

THE MENTAL STABILITY OF THE PARENTS

• The mental and physical health of all individuals involved, including any history of abuse of any individuals involved.
• Possible drug addiction from the past may be looked into.
• Any DWIs that may be on the parent's record may also be taken into account.

PROVIDING A STABLE ENVIRONMENT FOR THE CHILD

• The intention of either parent to relocate the principal residence of the child.
• The interaction and interrelationship of the child with parents, siblings, and any other person may significantly affect the child’s best interests.
• Having a steady job to provide for the child.
• Having a home in a safe neighborhood for the child to reside in.
• Participating and being present on a regular basis for your child's extracurricular activities, such as ball games, music recitals, school plays, etc.

Do You Need An EXPERIENCED Divorce Lawyer Fighting For Your Child Custody?

Divorce is tough on everyone. Just stay focused on the task at hand and don't be afraid to lean on your divorce attorney to be your guide through this emotional time. Any case that involves child custody can be truly trying and dramatic for everyone involved but you CAN get through it. Our divorce attorneys are here to help you any way we can. For more information on our family law practice, please visit our website at www.RGibbonsLawFirm.com. Be sure to follow us on our social media channels to stay up to date on our latest legal tips and announcements.

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

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Gibbons Law Firm

2820 Bagnell Dam Blvd, Suite B4

Lake Ozark, MO 65049

(573) 348-2211

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Why Prenups?

Prenuptial Agreements (Prenups) - you've likely heard of this term before, but have you ever thought about why people actually get them? There are more reasons to get a prenup than you might actually realize. If you just got engaged and it's something you're considering but you're not fully decided yet, talk to an experienced family law attorney at the Lake of the Ozarks. They can answer your questions and give you expert legal advice on the subject. In the meantime, keep reading this week's blog for a few reasons couples decide to get prenups. If you want a prenup, please call Gibbons Law Firm today. We can be reached at (573) 348-2211. Your first consultation is free.

Why Prenups?

ONE OF YOU PLANS TO STAY HOME WITH THE CHILDREN.

If you or your spouse plan to stop working once you get married, a prenuptial agreement is a good idea. It can help protect the assets of both parties. Whether you both decide it's best for one of you to stay home with the kids or are in a good financial position to have one income, it's important to sign an agreement to help protect the income and existing assets of everyone involved.

YOU OWN A BUSINESS TOGETHER.

If you or your significant other owns a business, a prenuptial agreement can help protect that venture, should the marriage end. If the business owner has partners, they may insist on a prenup being signed to help better protect the business. While getting married is an important life decision, you still need to look out for your business and other assets in the process.

YOU HAVE BEEN DIVORCED BEFORE.

If you have a history of divorce, you know how hard the process is. Also if you or your spouse have children from outside the marriage, it's a good idea to have a plan as to what will happen if the marriage doesn't work out. Try outlining a plan ahead of time, should the marriage dissolve. This can help alleviate a big headache down the road if you have already worked out an agreement.

ONE OF YOU HAS A SIGNIFICANTLY GREATER AMOUNT OF MONEY THAN THE OTHER.

If one of you makes a significantly higher income, it's a good idea to protect your assets with a prenup. Whether it's a high-paying position at work or a wealthy family, you and your future spouse should sign documentation to decide what will happen in the future, if there is a problem with the marriage.

Considering a Prenup?

We hope you found this blog helpful when it comes to determining if a prenup is right for you. Prenups aren't for everyone but if you feel this is something you need, call our experienced lawyers in Lake Ozark today. We can be reached at the phone number listed below. You can also follow us on our social media channels listed below to stay up to date on our latest announcements and tips.

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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What Types of Personal Injury Cases Happen The Most In The Summer Time?

Summer 2021 will be here before you know it. So many people venture to this area for some fun in the sun that time of year. We hope that you have a fun, but also safe summer. Our personal injury lawyers at the Lake of the Ozarks have seen way too many people get injured here in the summer time. Keep reading this week's blog for a few of the most common types of personal injury cases. If you find yourself injured due to an unfortunate accident, call Gibbons Law Firm today and get the compensation you deserve. We can be reached at 573-348-2211. Schedule your free consultation today.

What Types of Personal Injury Cases Happen The Most In The Summer Time?

Accidents Where Boating While Intoxicated Is Involved

At the Lake of the Ozarks, it’s no surprise to see hundreds and thousands of boats out on the water, especially during the peak summer months and busy holiday weekends. Unfortunately, it doesn’t take much for a fun day on the water to turn dangerous - especially when drinks are involved. Alcohol use is one of the top factors in fatal boating accidents, so if you are operating the boat, you’ll want to skip the alcohol. Even if your passengers are good swimmers, you’ll want to make sure that they always wear life jackets while on board.

Accidents Where Driving While Intoxicated Is Involved

During the summer months, you don’t have to contend with the risky driving weather that snow and ice bring - but that doesn’t eliminate other risks. Nicer weather means that more people will be out and about, which can increase the risk of car accidents. Some of these accidents can include more teen drivers on the road since they aren’t in school, as well more people being out for summer parties, family reunions, and summer vacations. More summer parties can also mean that more people could be drinking and driving, as well.

Accidents Where Bikers Are Injured

The beautiful weather makes it nearly impossible for cyclists of all kinds to not get out on the road. From motorcycles to a standard bicycle, it is very easy for riders to become the victim of an accident. Because bicycles and motorcycles are less visible and other vehicles, drivers need to be on high alert for cyclists during the summer months. If you are a cyclist, one of the best things you can do is to wear proper safety gear and fits, use reflectors, and have a good helmet.

Don't Go Through a Tough Personal Injury Case Alone!

Call our Lake Ozark personal injury lawyers today! Get the compensation you need for injuries you sustained due to someone else's recklessness. Your consultation with an EXPERIENCED, local personal injury attorney in Lake Ozark is just a call away. Your first consultation is FREE. Call us today at the number listed below. Follow us on our social media channels also listed below to stay up to date on our latest tips.

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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When Is It Appropriate To Fire Someone?

Have you ever had an employee join your team and at first, everything seemed great, but later on, this employee just didn't seem to work out? Tasks weren't being completed, HR issues started to arise, etc. If you can relate to this common issue, as a business owner, this is the blog for you. Our law firm at the Lake of the Ozarks is here to give you some vital information on knowing when it is legally appropriate to fire someone, in this week's blog. If you have any questions on this particular issue, please call our employment lawyers at the Lake of the Ozarks today. Gibbons Law Firm can be reached at 573-348-2211.

When Is It Appropriate To Fire Someone?

Certain Matters That MUST Be Present For You To Legally Fire Someone

In order to legally terminate employment, you must be able to prove that the employee was not a good fit for the company and/or that the employee was not adequately meeting the expectations set forth within the job description and requirements.

Even if you terminated employment for valid reasons, a vengeful ex-employee may be able to create a convincing workplace discrimination case if you do not have documentation to back up your decision. If you hired a replacement that was ten years younger, for example, your ex-employee may be able to build a case for age discrimination even if that was not your true reasoning or intention. This is why it is important to always preserve documentation that supports your decision to fire someone, such as: 

• Copies of emails requesting that a specific task be completed by a certain time
• Screenshots of inappropriate comments made on social media about employment

Reasons The EEOC Prohibits Employers For Firing Employees For

The Equal Employment Opportunity Commission (EEOC) has developed a list of strict rules governing employers who hire and fire employees. The EEOC is designed to protect women and minorities who, in the past, have been discriminated against in the workplace based solely on certain characteristics. In an effort to ensure that all people are treated equally, the EEOC prohibits employers from making employment decisions about existing and potential employees based upon any sort of physical, cultural, ethnic, or religious characteristic.

When You CAN'T Fire Someone

There is an employment doctrine called "employment-at-will," which essentially allows employers to fire employees whenever they wish, sometimes seemingly for no reason at all. While the employment-at-will doctrine does not require employers to have specific reasons for firing someone in some cases, there are still certain reasons that cannot be used under any circumstances. If an employee can make a case for their termination being tied to one of these invalid reasons, the employer may face serious legal repercussions. For example, you cannot terminate employment because:

• Your employee is over a certain age.
• Your employee belongs to a different nationality.
• Your employee is a woman or another minority.
• Your employee follows a different religion than you do.
• Your employee revealed your company's illegal practices to local

Also, employment decisions may not be used as a form of sexual harassment (e.g., terminating employment because your employee refused your request to go out on a date). You also cannot fire someone for "whistle blowing" - in order words, someone who reveals your company's illegal practices to the local authorities.

Employment Lawyers at the Lake of the Ozarks

If you have questions about whether or not you are legally allowed to fire an employee for certain reasons, we urge you to talk to an employment lawyer first, before making any major decision. It is important that you cover yourself legally and make sure you're not making a mistake before firing an employee. That's where we come in. Our employment lawyers in Lake Ozark can answer any questions you may have and put you at ease. Give us a call today. We can be reached at 573-348-2211. Be sure to follow us on our social media channels listed below to stay up to date on our latest announcements and legal tips.

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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Estate Planning Tips for Business Owners With Children

Do you own your own business? If so, you've likely worked very hard putting that business together, so having a professional estate plan put together can be a very responsible decision. This can assure your business ends up in the right hands in the event you pass away at an unexpected time. We understand that this is an unfortunate matter that no one likes to think about but the reality is that having an estate plan can make matters easier on your loved ones that are already mourning your passing. Our estate planning lawyers at the Lake of the Ozarks are here to give you a few tips for that may help with your estate planning process, if you're a business owner with children, in this week's blog. If you are a business owner in need of an estate plan, please call our law firm in Lake Ozark today. Gibbons Law Firm can be reached at 573-348-2211.

Estate Planning Tips for Business Owners With Children

Who would you like to leave your business in the event you pass away? Is it your children, a trusted, long-time co-worker, or maybe you're considering other options? Either way, there are certain things to consider first, such as: 

TAX

This is important to remember. The value of your business can change over time. The taxable eststate would include the value of the business at the time of your death, not necessarily at the time of when you started your estate plan.

POTENTIAL FAMILY ISSUES (If you do plan to leave your business to one of your children.)

Let's say you're choosing to leave your business to one of your four children. It can be a very good idea to have a conversation before making any final decisions here. Matters such as these aren't worth tearing families apart over. There is a gentle way to go about this and just being honest and upfront about your plans beforehand can go a long way.

SUCCESSION PLANS

A good succession plan will let your successor know exactly what needs to happen when it comes to the transfer of the ownership and management of your business. Without this, your business could end up in chaos.

These are just a few of the matters to consider when estate planning for your business, but we encourage you to meet with an experienced attorney at the Lake of the Ozarks when choosing to have an estate plan created. It's a very important document and you can benefit from the attorney's experience of doing this for many years. Your opinion matters, but if you don't have a proper estate plan, it may not actually get heard if you pass away. This is just something to consider, you don't have to have an attorney to create an estate plan, we just strongly encourage it because of the significance of this document.

Are You Interested In Having A Professional Estate Plan Put Together?

All of us here at Gibbons Law Firm hope you found this blog enlightening and helpful in your estate planning process. We are here in you need any help. Please give us a call today. Your first consultation will be free. We can be reached at the phone number listed below. You can also follow us on our social media channels listed below for our latest announcements and more legal tips.

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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Why Some People Sign Prenups

Prenups or prenuptial agreements - this topic isn't discussed very much but for some couples, it can serve as a perfect solution to certain dilemmas. To be clear, a prenuptial agreement is an agreement a couple will put in place before the marriage takes place that states who owns certain assets. This agreement can protect your assets in the event that your marriage ends in a divorce. This agreement isn't for everyone but for those of you who are considering it, you should know the facts. Keep reading this week's blog for a few reasons why some people may sign prenuptial agreements. If you would like to learn more about prenups, please call our attorneys at the Lake of the Ozarks today. Gibbons Law Firm can be reached at (573) 348-2211 for your free consultation.

Why Some People Sign Prenups

MAKE DIVORCE EASIER IF IT DOES HAPPEN.
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.

EASE YOUR CONCERNS WHEN ENTERING INTO A 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.

PROTECT YOURSELF IF YOU'RE MARRYING SOMEONE WITH A TON 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.

PROTECT YOURSELF IN THE EVENT YOU DIVORCE WHILE YOU HAVE NO JOB BECAUSE YOU'RE TAKING CARE OF THE CHILDREN.
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.

MAKE SURE YOU'RE NOT FINANCIALLY TAKEN ADVANTAGE OF.
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.

Are You Considering Signing a Prenup?

If so, we urge you to speak to an experienced lawyer in Mid-MO first before doing anything. Understand what you're getting into first and really figure out if this is the right decision for you your future spouse. If it is, Gibbons Law Firm can help you. We can be reached at the phone number listed below. You can also follow us on our social media platforms listed below to stay up to date on our latest announcements.


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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