Law Offices of Ashley Philpot Mattos Lawyer in Tulare | Family Law and Divorce | Criminal Law2024-02-14T19:27:49Zhttps://www.apmfamilylaw.com/feed/atom/WordPress/wp-content/uploads/sites/1201919/2022/04/cropped-512x512-1-32x32.pngOn Behalf of Law Offices of Ashley Philpot Mattoshttps://www.apmfamilylaw.com/?p=488412024-02-14T19:27:49Z2024-02-14T19:27:49Z1 in 5 Americans live with a mental health condition. That is one out of every five people. Chances are, you know people who do or have one yourself.
What does this mean in a divorce?
First, it is important to mention that if the divorce is amicable, things will likely be easier, especially if the parent with the mental health condition is under treatment and can manage well.
The court’s primary concern is the well-being of the children. If the kids are fine, it is unlikely the court will act or change things against the parents’ wishes.
However, in some cases, parents do not get along and as soon as the divorce proceedings begin, so do the allegations and accusations about the other parent, their inability to provide for their children and more.
In these cases, parents often become concerned.
The court’s role in custody decisions
The court is here to help you get divorced and to settle all matters associated with the divorce. If you have kids, that includes child custody.
The standard the court uses when making decisions about child custody is “the best interests of the child,” which is a list of factors—a parent’s mental health being one of them—that ensure a child is safe, taken care of and lives in a stable and happy environment.
Mental illness concerns
If you suffer from mental illness and are under the care of a physician, the court may ask for medical records, professional opinions and anything else that gives the court an insight into your ability to take care of your kids.
If your condition is stable because you are following a treatment plan and it does not negatively affect your kids, it is likely that the court will not put a lot of weight on this issue.
Do not be concerned if the court asks questions and inquires deeper into your condition and how it affects your relationship with your children. It is normal and that is what the court is supposed to do.
Parenting plans
You or your attorney, assuming you have one, may put forth a parenting schedule at any time during the divorce proceedings that you believe is appropriate or advantageous for your child.
While the other side has the same right, the court can weigh the pros and cons of both and come up with a solution that works for everyone.
Alternative dispute resolution
In addition, if the parties cannot agree on child custody but the court is not ready to decide, they may suggest that the parties go to mediation and try to work things out themselves.
Parents know their children best and the court truly does want to encourage the parents to work together and hopefully communicate in a way that is productive and effective.
When parents disagree
In cases where parents disagree and mediation fails, the court may have to take a stance and decide on custody.
The court may decide to create a parenting plan that allows both parents to see their child equally or on a similar schedule as they do now or did before the divorce proceedings started. Either way, the court’s purpose is not to hurt your relationship with your child, but to help parents navigate through the difficulties that can sometimes come with the dissolution of a marriage.]]>On Behalf of Law Offices of Ashley Philpot Mattoshttps://www.apmfamilylaw.com/?p=488392024-01-18T19:24:33Z2024-01-19T19:24:27ZThe fresh start effect
Psychologically, many people think of a new time period as providing a clean slate. The fresh start effect includes realizing and distancing yourself from failures in the past, identifying ways to improve and enhancing motivation to pursue changes.
Thinking about unhappiness
As the year ends, many people think about their lives and relationships. This self-reflection can show where there's unhappiness or unmet expectations. Couples might start questioning if they are really happy and what the future holds for their relationship.
Money stress
The holiday season can be tough on finances. Buying gifts, traveling and other festive expenses can add up, causing stress about money. Money problems often lead to conflicts in relationships, and the pressure to meet expectations during the holidays can make these issues worse.
Changes in mood with the seasons
As seasons change, especially going from the festive holidays to the quieter post-holiday period, people's moods can shift. These changes in emotions can affect how couples interact, possibly making arguments and dissatisfaction more intense.
Thinking about life goals again
At the start of a new year, people often think about their personal and professional dreams. This self-reflection might make someone realize that their marriage doesn't align with the life they want.
Trouble communicating
Good communication is vital for healthy relationships. However, the stresses of the new year, high expectations and money issues can strain how partners talk to each other. Misunderstandings, not addressing concerns and poor communication skills can make problems worse and increase the chance of relationship issues.
Comparing relationships
New Year's events and social gatherings can make people compare their relationships to others. Social media often shows a distorted view of other couples' happiness. These comparisons may create doubts about how strong and fulfilling someone's own relationship is.
Choosing convenient timing
Couples may realize their relationships are in trouble but want to let their families enjoy the holidays before making the decision to divorce known. Thanksgiving and Christmas usually make November and December family-oriented months. Particularly if a couple has children still living at home, announcing a breakup during these times can cast a somber glow over these usually festive months, affecting immediate and extended family members.
While couples might navigate one of these issues successfully, it becomes more challenging when they all happen at once.]]>On Behalf of Law Offices of Ashley Philpot Mattoshttps://www.apmfamilylaw.com/?p=488372023-11-26T21:22:20Z2023-11-26T21:22:20ZDefining community property
Community property means that assets acquired during the marriage belong equally to both spouses, regardless of who earned or purchased them. This includes real estate, income and personal possessions. Each spouse receives a 50% share of the community property.
Separate property
Not all assets fall under the umbrella of community property. Property acquired before the marriage, gifts and inheritances are often separate property. These assets remain with the spouse who obtained them, ensuring a clear distinction between personal and shared possessions.
Valuing assets
Determining the value of assets is a necessary step in the property division process. This involves assessing the fair market value of items like homes, vehicles and investments. Accurate valuation ensures an equitable distribution of assets between spouses.
Sharing debts
Debts incurred during the marriage are also shared equally. This includes mortgages, loans and credit card debt. The goal is to ensure that both parties contribute fairly to resolving financial obligations.
Safeguarding financial stability
While the community property system strives for fairness, it is important for divorcing couples to prioritize financial stability. Creating a detailed inventory of assets, understanding their values and discussing future financial goals can help both parties make informed decisions during the division process.
Divorce happens to many couples. In 2021, the national divorce rate was 2.5 per 1,000 population. By prioritizing financial stability and open communication, divorcing couples can untangle the intricacies of property division and embark on their separate paths with a fair distribution of resources.]]>On Behalf of Law Offices of Ashley Philpot Mattoshttps://www.apmfamilylaw.com/?p=488362023-11-21T02:23:39Z2023-11-22T02:22:43Z1. Subjectivity and interpretation
Erratic driving is a common justification for initiating a traffic stop. However, the subjectivity in assessing what constitutes erratic behavior raises concerns about the potential for false pretenses. What one officer may perceive as erratic driving might seem different to another officer. This subjectivity leaves room for legal challenges, as the justification for the stop can be questionable based on the officer's individual interpretation.
2. Selective enforcement
Officers often cite alleged traffic violations, such as failing to signal or making an incomplete stop, for a traffic stop leading to a DUI arrest. Yet, the selective enforcement of these violations can be a point of contention.
Evidence shows that many law enforcement officers disproportionately target certain individuals or vehicles. Officers may have stopped you not out of genuine concern for public safety but for other factors such as your race.
3. Pretextual stops
California has a DUI arrest rate of 455 per 100,000 licensed drivers. Not all of these arrests are legitimate. Pretextual stops occur when law enforcement uses a minor traffic violation as a pretext to investigate other potential offenses, such as DUI. While the courts recognize the legality of traffic stops for legitimate violations, using minor infractions as a pretext for a broader investigation raises questions about the sincerity of the initial stop. Challenging the legitimacy of a pretextual stop can be a strategic approach for contesting the legality of a subsequent DUI arrest.
4. Miranda rights violations
Law enforcement officers must inform individuals of their Miranda rights upon arrest. Failure to do so can jeopardize the admissibility of any statements a person makes during questioning.
By critically examining the basis of the traffic stop, individuals can explore avenues to challenge the validity of the entire arrest process.]]>On Behalf of Law Offices of Ashley Philpot Mattoshttps://www.apmfamilylaw.com/?p=487882023-11-07T05:02:02Z2023-09-25T16:28:16ZChild's best interest
In California, the DUI arrest rate per 100,000 licensed drivers is 455. Many of those arrested are parents.
In child custody cases, courts always prioritize the best interests of the child. A DUI conviction may raise concerns about a parent's ability to provide a safe and stable environment. Courts assess whether the parent's actions demonstrate responsible decision-making and consider the potential risks to the child's safety.
Parental fitness
Courts evaluate a parent's overall fitness when determining custody arrangements. Judges may see a DUI conviction as evidence of irresponsible behavior, which can weaken a parent's claim to custody. Parents ideally would set a positive example for their children, and a DUI conviction may call their judgment into question.
Substance abuse assessment
In some cases, a DUI may lead to mandatory substance abuse assessments and treatment programs. Completing these programs can demonstrate parents’ commitment to addressing their issues and improving their ability to care for their children. Failure to participate or complete such programs may have negative implications for child custody decisions.
Impact on visitation
A DUI conviction can affect visitation rights. Courts may impose restrictions, such as requiring supervised visits or limiting overnight stays. These restrictions aim to ensure the child's safety while in the care of the parent with the DUI conviction.
Custody modifications
If a parent has an existing custody arrangement and later gets convicted of a DUI, the other parent may petition the court for a modification of custody. To succeed in such a petition, the requesting parent must demonstrate how the DUI conviction negatively impacts the child's well-being.
The effects of a DUI conviction on child custody can be long-lasting. The court's decision may not be final, and parents may need to work diligently to regain the court's trust and potentially modify custody arrangements in the future.]]>On Behalf of Law Offices of Ashley Philpot Mattoshttps://www.apmfamilylaw.com/?p=487872023-11-07T05:02:35Z2023-08-24T19:40:21ZAvoid making any admissions
Remember that you have a right to remain silent when questioned by the police. Exercise that right and avoid admitting to any alcohol or substance use. Exercising your right to silence protects you from potentially providing too much information about your activities or your whereabouts. The less you say, the better.
Refuse the field sobriety and chemical tests
Field sobriety tests evaluate your balance and coordination. The tests can be challenging even for sober individuals. You may struggle if you suffer from balance and mobility challenges.
You also have the right to refuse any portable blood alcohol testing. Equipment is fallible and officers may lack training, which could lead to questionable results. Decline the testing in the absence of a court order.
Require a warrant for any search
If the officer asks for consent to search your vehicle without a warrant, you have the right to decline. Allowing a search could result in further complications depending on what they find. If the officer has the grounds for a search, they can get a warrant to do so.
According to the CDC, 1.5% of California’s adult drivers admit to driving after alcohol consumption in the last 30 days. Avoiding some of the most common pitfalls of a DUI traffic stop can help you preserve your freedom. Consider these points and exercise your rights if an officer stops you.]]>On Behalf of Law Offices of Ashley Philpot Mattoshttps://www.apmfamilylaw.com/?p=487862023-11-07T05:03:04Z2023-07-26T22:15:13ZAssessing your current finances
Before you initiate a divorce, it can be helpful to closely examine your income, assets, expenses and debts, as well as those of your spouse. Because California law distinguishes between separate and marital property, you should also consider which assets a divorce would directly impact. Any property you or your spouse obtained during your marriage could be subject to separation in your divorce settlement.
Anticipating divorce expenses
Legal representation and court fees can affect your budget when you go through a divorce. If possible, consider pursuing more affordable and efficient methods, such as mediation, when divorcing. Contested divorces sometimes require litigation and forensic accounting to resolve, which can be costly.
Separating financial assets and real estate holdings can add expense to your divorce. It can be pricey to sell your home and move to a new location. You should consider the tax implications of divorcing as well.
Financial planning after divorce
Life after divorce can be hard on your budget, as you must now pay for utilities, insurance and other services on your own. You might have to adjust your lifestyle if you earn less or have less wealth than your spouse. Child support payments can also impact your monthly expenses.
Taking time to evaluate your financial circumstances and consider the potential budgetary implications of divorce can help you make an informed decision.]]>On Behalf of Law Offices of Ashley Philpot Mattoshttps://www.apmfamilylaw.com/?p=487852023-11-07T05:03:50Z2023-05-23T13:34:55Zone or two points for that violation. Accumulating a certain number of points may result in the suspension of your license. If you want to protect your driving privileges after receiving a traffic violation, you need to understand your options for contesting the ticket.
There are a few things to consider when formulating your defense.
Is there a chance of mistaken identity?
In some cases, the officer might misconstrue the radar gun reading and identify the wrong vehicle. This may happen in cases when traffic is heavy or several vehicles pass in the same area. If there is a chance of mistaken identity, you can contest the ticket.
Were there extenuating circumstances?
In some cases, the courts may dismiss a traffic violation if extenuating circumstances led to the incident. For example, a medical emergency could lead to a traffic stop for speeding. Depending on the nature of the emergency, you might have grounds to contest the ticket.
Do the conditions in the area preclude the ticketed speed?
If you receive a speeding ticket in an area with sharp corners, hills or other obstructions that prevent excessive speed, photographic evidence of the area can support your case. The same applies to a ticket issued in an area with prevalent rush-hour backups. Document the area over a consistent period to support your case.
These are a few common ways to fight a traffic violation in California and protect your license from those extra points.]]>On Behalf of Law Offices of Ashley Philpot Mattoshttps://www.apmfamilylaw.com/?p=487842023-11-07T05:04:12Z2023-05-19T21:11:51Zchild custody during the summer months.
Creating a summer custody schedule
A summer custody schedule should take into consideration the children's needs, parents' work schedules and any special plans such as vacations or summer camps. To ensure fairness, both parents should have an equal opportunity to spend quality time with the children. Flexibility is key, and both parents should be willing to make adjustments when necessary.
Involving the children in planning
Depending on the age and maturity of the children, parents may find it beneficial to involve them in the planning process. This can make the children feel valued and heard, reducing the chances of any resentment or frustration.
Communicating effectively
Effective communication between parents is crucial when planning a summer custody schedule. Parents should discuss plans well in advance to prevent any misunderstandings or conflicts. They should also keep each other informed of any changes in plans.
Respecting each other's time
Parents should respect each other's time with the children. This includes not scheduling activities that would interfere with the other parent's scheduled time without first discussing it. They should also ensure that children are ready and on time for exchanges.
Handling vacations and special events
Planning for vacations and special events can be challenging. Parents should discuss these plans early and agree on how they will handle these situations. This may include adjusting the custody schedule or making up for lost time.
Planning child custody for the summer does not have to be a daunting task. By putting the children's needs first, parents can ensure that the summer months are a time of fun and relaxation rather than stress and conflict.]]>On Behalf of Law Offices of Ashley Philpot Mattoshttps://www.apmfamilylaw.com/?p=487832023-11-07T05:05:01Z2023-03-25T02:02:21Z1. Communicate plans
From family reunions to sporting events and birthdays, the summer months quickly fill up. While devising a summer plan, communicate your thoughts as soon as possible. Both parents need to stick to the parenting plan, which plans may not fit into. Having a discussion early increases the chances that the other parent will agree. If they do not, you may have to file a visitation change order with the courts.
2. Get input from children
While you may have some grand ideas of what summer should look like, your children may not agree. Even during summer, children still need structure and routine. If you spend more time with your children than your ex, the children may see that break as an opportunity to spend more time with their other parent.
3. Keep summer civil
Whether new to co-parenting or slowly mastering it, stay civil for the children. Tensions often rise during the summer months, making it easy to want to one-up the other parent. Oftentimes, the children would rather spend time with each parent than go on some extravagant trip that has opened old wounds between the parents.
While you want to ensure your children experience a summer to remember, staying diligent about working with the other parent creates better odds of happy memories.]]>