Child custody is both an involved legal issue and one of tremendous importance to people all around the world. Although understanding these intricacies is something which requires expertise, it is also something that must be comprehensible – at least in broad terms – to the layperson who is actually involved in legal custody matters. Something that can be of particular importance to these people is a post-judgment custody modification.

As the name implies, these rulings are changes which are made to an judgment which has already been rendered by the courts. Whilst occasionally this method is used almost as an appeal, where the changes in circumstances are trivial or non-existence, it is generally the case that a post-judgment modification would be pursued when a change in a parent or guardian’s circumstances justifies such an adjustment.

Relevant changes in circumstances can be varied, and matters which might be considered pertinent under the original judgment are almost always valid reasons to pursue such a modification. Nonetheless certain reasons which are particularly common motivations for seeking custody modifications are;

• A significant change in financial circumstances, e.g. a new job, a substantial raise, losing a job, etc.
• Moving home, or the other parent moving home
• The expressed wish of the child to have different custody arrangements
• The other parent failing or mistreating the child. Examples may include falling school grades, a decline in behavioral standards, substance abuse, etc. In these cases it is especially important to ensure the safety of all involved, and the California Courts website can direct you to several resources on the topic.

It is also possible to seek smaller custody modifications, for example if your work schedule changes or you wish to take a child on a holiday lasting a day or two longer than you would otherwise be permitted to. These are typically, but not always, easier to acquire as they are much less consequential when weighed against the overarching considerations the courts are obliged to take into account.

These considerations are the point on which all child custody judgments are made, and they apply to modifications just as they do to the original rulings. Furthermore, as well as weighing up the positive and negative aspects of a proposed change in itself, courts will also keep in mind any potential negatives stemming from the process of making the changes itself, as distinct from negatives that may stem from the changes in and of themselves. Therefore it is possible that a change could be denied by the courts due to the effects that adjusting to the changes might have, rather than the merits of the changes itself. It would be rare for this to be the sole or primary consideration, but it may tip the scales in certain cases.

Whilst many such modifications are pursued due to changes in circumstances, modifications to judgments can also be sought as a child ages, on the understanding that their needs and requirements will differ as they grow older. Exactly when to pursue such modifications is not always easy to figure out, and the child’s own opinions and sentiments will often come closer to the forefront the older they get.

Ideally, all child custody matters could be resolved amicably and justly without the need for direct legal involvement. However, in reality, legal judgments are often necessary to ensure that both parents as well as the children involved are given fair treatment that serves the best interests and legal rights of everyone as well as possible. If you have questions about child custody laws or wish to pursue custody modifications, please contact us for more information.

Most married couples decide to jointly share their property and other assets. This makes intuitive sense since in most cases one spouse wants to leave all property and monetary assets to the other spouse. There’s little need to worry about which assets belong to whom: All of the property simply transfers to the other spouse in most circumstances. Marital Property Agreements are for couples who wish to denote how property is shared in the case of divorce.

Separate and Marital Property

There are some more complicated ways to divide property, though, among more than one beneficiary. For instance, marital property acts in many states allow for giving away shared marital property to a third-party recipient.

More broadly, the nuances of how property gets passed on depend on whether property is marital property or separate property as well as specific common law practices in particular states.

Marital property would be any property, earnings or assets that a spouse brought in during a marriage. Everything from a home or family vehicle to the earnings that one spouse brought to the marriage and put in a joint savings account could all be considered marital property.

Separate property, on the other hand, belongs solely to one spouse. Inherited money or inherited property are usually the two most common forms of separate property. Both of these predated the actual marriage – i.e., one spouse had property rights or an inheritance prior to the wedding day.

Post-nuptial agreements and marital property agreements are ways in which one spouse can claim assets or property following a separation, divorce or death. Both post-nuptial agreements and marital property agreements can dictate how marital property and separate property get handed down once one spouse is out of the picture.

Marital Property Agreements

The basis of marital property agreements and marital property acts in the common law system is the realization that each spouse contributes something unique to a marriage.

Marital property acts dictate that property and assets acquired during a marriage are shared equally as marital property among both spouses. This often translates to an underemployed spouse having easier access to credit and the ability for one spouse to make decisions about how monetary and property assets should be divided later on.

So, where exactly do marital property agreements enter the picture? Marital property agreements offer spouses the opportunity to render part or all of marital property shared among both spouses separate property held by only one spouse.

It can work the other way around as well, however: one spouse can turn previously separate property (e.g., an inherited estate) into marital property through a marital property agreement.

Put another way, in states that allow marital property agreements as a common law practice, one spouse can turn individual, separate property into shared marital property or vice versa. Marital property agreements give spouses more control over how their assets get divided during the marriage or after the marriage has ended.

Logistics of Marital Property Agreements

One spouse opting to turn marital property into separate property can make sense under certain circumstances.

There are tax incentives, inheritance laws and estate planning procedures that can make an intelligently executed marital property agreement a win-win for both spouses.

In California and other states that allow marital property agreements, there are some rules that each spouse must follow in order for a marital property agreement to be legally enforceable.

The marital property agreement should be in writing and signed by both spouses. Both spouses must also have full knowledge of each other’s financial circumstances going into the agreement.

Each couple’s legal needs and financial circumstances differ such that one couple might decide to share a lawyer whereas another might hire separate lawyers.