5 Legal Documents You Want In Your Home

If you have never spoken with a lawyer about the details needed for family law and estate planning, it may feel a bit overwhelming. In fact, a majority of households in the United States are missing some vital pieces of paper in their home because it seems like it would take too much time, cost too much money, or don’t know where to start. A study by caring.com showed that 57% of U.S. adults do not currently have estate planning documents. Another study by the same group showed that more than 50% of Americans have talked about estate planning, but fewer than half have done anything about it. However, more and more millennials are putting importance on creating a will or a living trust.

A will seems like the most popular types, but several other documents could be important to have in your home, depending on your place in life. Here are a few documents that may be important to have in your home.

Will

This is generally going to be at the top of the list, no matter your age, position, job, marital status, or how many kids you have. If you have real estate, other property, minor children, or assets, you will need a will. If you think this covers pretty much everyone, you are right.

Living Will or Healthcare Directive

A living will or healthcare directive allows you to dictate in advance what type of medical care you do (or do not) wish to receive if something happens to you. This is becoming an increasingly popular and important document for individuals.

Power of Attorney

This is a document that will give the person that you choose the authority to represent you. They can use this in legal, financial, or personal matters.

Babysitter Authorization

Do you leave your children somewhat regularly with a caretaker? Have a lawyer prepare an authorization form which you can give your caretaker. This provides them with the power to authorize emergency care for the child in the parent’s absence. HIPPA and medical malpractice suits have made hospitals reluctant to treat children in the absence of their parents.

Prenuptial Agreement

In Missouri, studies have shown that men marry by 28.3 and women marry by 26.9 on average. This means that the individuals have most likely accumulated assets before marriage. If so, you may want to consider having your Lake of the Ozarks lawyer prepare a prenup to help minimize acrimony in case of divorce. Other studies show there were 3.1 divorces for every 1,000 people in 2017 in Missouri.

Being Prepared

You can’t know what is going to happen over your lifetime, and while you can’t necessarily prepare for it, you can do your best. Having a family lawyer at the Lake of the Ozarks can help you prepare your estate, make plans for your family, and make it easier on those you love in hard moments. If you are ready to take the plunge and get your affairs in order, Gibbons Law Firm is here for you. We can help you draw up documents to keep in your home, and in other safe locations so that your desires are known in those unexpected situations.

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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Statistics About a Father's Rights

Divorce can make navigating relationships a bit challenging, especially when children are involved. The thing is, a huge number of fathers still want to continue to be actively involved in their children’s lives even after the split. Unfortunately, many fathers don’t understand the rights that they have where their children are concerned, and sometimes they can even be overlooked by the courts. Gender bias shouldn’t exist in the courts to favor mothers over fathers, but that’s not always the case. Here are a few statistics about a father's rights at the Lake of the Ozarks.

What Exactly ARE a Father's Rights?

Whether during the custody dispute or during the child’s upbringing, the father’s rights are not a surprise.

• Being able to spend time with his children
• Being involved in his children’s lives
• Having equal participation in parenting, including where they live, go to school, and church
• Having equal access to medical and school records
• Having equal say in medical decisions
• Having the ability to parent or discipline his children without interference from their mother

Of course, when a father wants equal rights to his children, he will also have to equally share in all of the responsibilities of raising them, including financial support. The challenge is that many mothers don’t seem to have to worry about losing their custody, as they are more likely to win full custody of the children. Fathers should have an equal right, but it can be hard to get this accomplished than it should be.

Father’s Rights Statistics

• In the spring of 2010, the U.S. Census Bureau reported that an estimated 13.7 million parents had custody over children whose other parent lived somewhere else. Of these custodial parents, only one in six were fathers, which is about 17.8%.
• Of the 17.8% of fathers who were custodial parents in 2010, 18.8% of them were living below the poverty level. And, while there was a higher percentage of custodial mothers living below poverty, mothers were also less likely to be employed than custodial fathers and more likely to receive public assistance.
• The U.S. Census Bureau reports that nearly half of the fathers without any visitation rights still financially support their children.
• In 2012, the U.S. Census Bureau reported that only 28.8% of custodial fathers received child support either through an agreement or award; while 53.4% of custodial mothers received support.
• According to data collected in 2014 by the U.S. Census Bureau, out of the 7,282 custodial parents who weren’t receiving child support, 1,128 of these were custodial mothers who said they didn’t want their child(ren) to have contact with their father.

Father’s Rights in Missouri

In Missouri, when determining who will be awarded custody and whether it will be sole or joint custody, the judge will consider these factors:

• The wishes of the parents and their proposed parenting plans
• The child's need to have a meaningful relationship with both parents, as well as the parents' willingness and abilities to facilitate that
• The interaction and interrelationship of the child with parents, siblings, and others who may impact the child's best interests
• Which parent is more likely to allow the child frequent and meaningful contact with the other parent
• The child's adjustment to school, home, and community
• Any history of abuse, as well as the mental and physical health of all parties
• The wishes of the child
• The intention of either parent to relocate

Need a Family Lawyer at the Lake of the Ozarks?

The legal aspects of family law can be highly complex and highly sensitive and emotional because of the personal nature of the disputes. An experienced and knowledgeable attorney—with the ability to listen and counsel clients, investigate and negotiate cases, to defuse conflict, and, when necessary, to litigate a case—is important to a successful outcome of a family law case.

Gibbons Law Firm assists clients with all types of family law cases. We are committed to providing legal counseling and advice that clients need in such disputes. Find out more about how we can assist you by contacting our Firm and making an appointment 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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Divorce, Legal Separation and Annulment – What’s the Difference?

Given that the word “Divorce” is frequently mentioned when discussing the official separation of spouses, it is the term we largely refer to. However, there are other ways for couples to achieve a legal farewell, be it for a term or indefinitely. Going through a matter of separation can be difficult and the divorce attorney at  Gibbons Law Firm is here to answer your questions and talk about your options. Here, we will review the differences between divorce and annulment as well as legal separation.

What is a divorce?

A divorce, also known as a dissolution of marriage, is a legal procedure through which a valid marriage is ended. Following a divorce, your marital status will be returned to single and you can marry again. During a divorce, other matters such as child custody, child support, alimony and division of property can be addressed by a judge.

What are grounds for divorce?

The grounds for filing for a divorce include, adultery, routine drug or alcohol abuse and desertion. All states allow for a “no fault” divorce in which couples can simply state “irreconcilable differences,” meaning incompatibility, as a reason for their separation.

What is an annulment?

An annulment, also known as a nullity of marriage, is a legal procedure for declaring that a marriage is null and void. A court has cited that your marriage is not legally valid and that the marriage is to be considered invalid from the beginning, as if the marriage never took place initially.

What are the grounds for annulment?

Again, these laws vary from state to state, but typically, an annulment will be granted if the marriage was established under misrepresentation, fraud or force, there was a concealment of facts (like, being already married or underage), or if the spouses are closely related. Annulments are rare and the time limit varies by state. If your hope is to be granted an annulment, you will have to go to a hearing with a judge. 

What is legal separation?

A legal separation is an arrangement following a court order, by which the couple are still married but live apart. A legal separation does not end a marriage and you cannot enter into a new marriage while you are legally separated but not divorced.

When is legal separation an option?

A legal separation is often an option for couples that do not want to peruse a divorce, but choose to live apart. If a divorce is being deliberated or arranged, couples may need time to make decisions on money, property, custody and/or parenting concerns prior to the divorce proceedings. You may be able to amend the legal separation at a later date. With a legal separation, judges may make orders on things like child support, custody arrangements and domestic situations as they would in a divorce case.

There are options to consider when contemplating a future without a current spouse or partner. A divorce, annulment or legal separation may be needed in your circumstances and Gibbons Law Firm at the Lake of theOzarks assists clients with all types of family law. We can aid you in your case and provide you with the needed advice as you hope for a successful outcome. Please contact us and make an appointment today. 

Your Trusted Legal Resource

Gibbons Law Firm

4075 Osage Beach Parkway, Suite 300

Osage Beach, MO 65065

(573) 348-2211

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No attorney-client relationship is created by the publication of this blog.

Behaviors That Can Reduce Your Chance of Child Custody

Child custody cases can sometimes be difficult, and reduced visitation is often a primary concern of individuals going through difficult times. It is important to know your state's child custody laws and Gibbons Law Firm at the Lake of the Ozarks is committed to consistently providing sound legal advice on the subject. There are behaviors that greatly affect your terms and conditions surrounding visitation, and there are conducts to avoid. Below, we will share some points and information to hopefully help you avoid mistakes and provide some direction on how not to have your custody arrangement reduced or reversed. Keep in mind, it is the opinion of the court to make decisions in the best interest of the child and to determine custody arrangements.

Here is a list of common issues concerning individuals going through custody conflicts. It should go without saying, but steer clear of the following behaviors: 

1. Not being actively involved in your child’s activities and day to day life. 
Are you aware of your child’s day care provider or teacher’s name? Have you been present at a doctor’s appointment or attended a sporting event your child is participating in? If your answer is, “No,” then you may need to consider prioritizing these moments in your life to avoid changes to your current custody arrangement.

2. Having drug and/or alcohol concerns. 
If you find yourself indulging, even casually, in drugs or alcohol, you may find this affects your chance of custody. Allegations such as this will be taken seriously by the courts; if you have a problem with substance abuse, please seek professional treatment as soon as possible. 

3. Being overly critical or disparaging of the other parent. 
Being friendly can sometimes be difficult when dealing with an ex, but keep in mind that judges often look favorable on parents who show a solid effort to have a temperate relationship with the other parent. If it is alleged that you are consistently critical and reproachful of the other parent through text messages, emails and/or through the child him/or herself, this behavior is negatively influencing the child and will be frowned upon in court. A change to your custody arrangement will almost certainly result if this is proved. You want to show the courts that you intend to support the other parent by adhering to an agreeable tone when discussing or dealing with the child and other parent.

4. Not following the advice of your legal counsel. 
Your attorney is trained and experienced in providing the best legal advice and guidance to you. They have experience with the struggle you’re going through and should be an advocate by your side. They will advise you on matters of behavior and conduct, and it is critical that you follow their instruction. It can be hard to filter strong feelings, but for the sake of your child’s involvement, it is imperative and exactly what you need to do to avoid a reduction or additional stipulation on your custody agreement.

5. Lacking self-control. 
If you are prone to impulsive outbursts, ranting or raving in person or over technology mediums, you are instantly jeopardizing your custody arrangement. Judges will not be lenient if they have evidence that you are a parent that regularly loses control of his/her anger and temperament. You will be at a disadvantage if you can be described as a loose cannon by friends, family and others in your social network. Going through divorce and custody issues in court is probably not a comfortable chain of events; however, you must be mindful of self-control. 

If you are serious about child custody, then you must exhibit the highest level of discipline and manage your behavior at all times. Avoiding the aforementioned behaviors is the first step to an improved relationship with your child, their parent and other third parties involved. Gibbons Law Firm assists clients with all types of family law and is committed to providing the best advice to clients involved in custody disputes. We invite you to contact our Lake of the Ozark law firm at 573-348-2211 to set up an appointment.

Your Trusted Legal Resource

Gibbons Law Firm

4075 Osage Beach Parkway, Suite 300

Osage Beach, MO 65065

(573) 348-2211

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No attorney-client relationship is created by the publication of this blog.

Family Law Services At The Lake

Every legal discipline is subject to its own unique challenges, but family law cases are often some of the most difficult cases anyone can undertake. This is largely due to the fact that family law cases are severely emotional for all parties involved, which makes it hard to maintain a calm, level-headed, objective approach to the situation. If you are in need of a family attorney at the Lake of the Ozarks, Gibbons Law Firm will be here to represent you.

What Does Family Law Encompass?

Family law deals with any and all issues that may arise from marriage and other domestic relationships. Some of the most commonly known aspects of family law include:

• Divorce
• Legal Separation
• Division of Assets and Liabilities
• Spousal Support
• Child Custody
• Child Support

However, family law matters do not end there. Other related aspects of family law include:

• Adoptions
• Annulments
• Guardianships
• Paternity Cases
• Termination of Parental Rights
• Prenuptial Agreements
• Postnuptial Agreements

Understanding Family Law Cases

It is easy to see how these types of legal issues are not always as cut-and-dry as some other legal fields may be. An experienced and knowledgeable attorney - with the ability to listen to and counsel clients, defuse conflict, investigate and negotiate cases, and (when necessary) litigate a case) - is an important component to a successful outcome of a family law case.

If you are looking for an experienced family attorney in Camden County MO, Miller County, or Morgan County, we would love to talk to you.

Consider Gibbons Law Firm For Your Family Law Needs

Our law firm in Osage Beach MO has experience handling all types of family law cases, and we are committed to providing the legal counseling and advice that clients need in such disputes. If you are facing a family law case, we hope you'll consider our firm for the representation you need. Your initial consultation with Gibbons Law Firm is always free; call (573) 348-2211 to schedule yours today.

Your Trusted Legal Resource

Gibbons Law Firm

4075 Osage Beach Parkway, Suite 300

Osage Beach, MO 65065

(573) 348-2211

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No attorney-client relationship is created by the publication of this blog.