Tag Archive for: child custody

Child Custody and Support in High Net Worth Divorces: How to Protect Your Family’s Future

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Navigating a high net worth divorce can be a daunting process, especially when it comes to child custody and support. For families with significant financial assets, these issues become even more complex. The decisions made during this time can have lasting impacts on both parents and children.

As you prepare for your high net worth divorce, it’s crucial to consider both your best interests and what is best for your children. We’re here to support you as you consider your next steps. Call Pence Law Firm at 304-345-7250 to set up a time to meet our family law team.

Child Custody in High Net Worth Divorces

In any divorce, child custody is a crucial concern.Bbut in high net worth divorces, the stakes can be even higher. Courts aim to prioritize the best interests of the child when deciding custody arrangements. They consider several factors such as the child’s emotional well-being, the parents’ lifestyles, and their ability to provide a stable environment.

High net worth divorces can make custody decisions more complex. These families often have multiple homes, extensive travel schedules, and numerous extracurricular activities. Parents need to show how their proposed custody arrangements will benefit their children. This might involve demonstrating a stable living situation, a supportive extended family, and access to high-quality education and healthcare.

Remember, custody isn’t just about where the child lives. Legal custody, which includes making important decisions about the child’s education, healthcare, and other significant matters, is equally important. This may be more challenging in families where one parent has long been the primary caregiver and the other has largely taken a hands-off approach to important parenting decisions.

Financial Implications of Child Support in Wealthy Families

Child support in high net worth divorces often involves larger amounts to reflect the family’s affluent lifestyle. Courts look at various income sources like salaries, bonuses, investment earnings, and other assets. They aim to ensure the child continues to benefit from a similar standard of living post-divorce.

When determining support, courts consider the child’s needs, including education, healthcare, and extracurricular activities, which can be more expensive in wealthy families. If one parent has a significantly higher income, the other might receive more support to ensure the child enjoys a consistent lifestyle.

The Role of Prenuptial and Postnuptial Agreements

One key misunderstanding that often comes up in these discussions is the role of a prenuptial agreement. While you can make many important decisions regarding how a divorce may be handled, a prenuptial agreement cannot override what is best for the children of that marriage. Basically, child custody and child support are issues regarding the child’s rights—not the parents’ rights. For that reason, those decisions cannot be made in a prenuptial agreement. They must be approved by the court.

Importance of Expert Legal and Financial Advice

Divorces involving significant assets can be especially complicated, making expert advice essential. A family law attorney who understands high net worth cases can guide you through the legal challenges. Ensuring your rights and interests are safeguarded. These professionals are well-versed in handling the unique aspects of wealthy divorces, such as multiple properties, business interests, and complex financial portfolios.

In addition to legal counsel, consulting a financial advisor is crucial. They can help you understand how your divorce will impact your finances, including child support obligations and asset division. Financial advisors can provide a clear picture of your current financial standing and help you plan for future stability. Ensuring that your children’s needs are met without causing undue financial strain.

A collaborative approach between your attorney and financial advisor can offer a comprehensive strategy for managing both legal and financial aspects of your divorce. This teamwork can demystify the process and empower you to make well-informed decisions. Knowing you have a team of experts on your side can provide peace of mind during this challenging time, allowing you to focus on your children and their well-being.

Choose Pence Law Firm for Your Charleston Divorce

The sooner you seek legal advice during a divorce, the more time you have to process your options and make the best decisions for your future. Let’s start by sitting down and talking about your next steps—just call 304-345-7250 or contact us online.

Important Things to Know About Modifying a Child Custody Arrangement

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The initial custody agreement you and a coparent agree on may not work forever. Life changes, and it’s important that custody arrangements change with it. However, getting a modification in a child custody arrangement can be a challenge. It’s crucial to know what the court will look for, why the court may be willing to grant a modification, and how to approach a conversation on this matter with your coparent.

Looking for help with your custody modification request? It’s time to talk to the team at Pence Law Firm about your options and next steps. Call us at 304-407-7852 to set up a consultation now.

Grounds for Modification in West Virginia

Each state takes a slightly different approach to child custody modifications, so looking into what West Virginia law says can be very helpful. To start, the person who is requesting the custody order must be prepared to show the court that circumstances have changed substantially since the previous custody order was put in place. They must show that the change they are suggesting is in the child’s best interests and will benefit them.

A substantial change in circumstances can look different in every single family. Perhaps coparents had agreed on a traditional schedule where one parent had the child most of the time, with the other parent having every other weekend and some holidays. If the primary caregiver has gone back to work and has a schedule that doesn’t allow them to have the child full-time, they may be interested in moving to a 50-50 schedule. 

In the easiest custody modifications, both parents agree on the necessary change and sign off on it. In these circumstances, the parents often just sign off on the necessary paperwork and wait for the court to approve it. Note, though, that the court can deny any arrangement that it deems to be not in the child’s best interests.

There are scenarios in which the court may change custody even if circumstances haven’t materially changed. For example, an older teenager may want to live with one parent primarily, even if their situation hasn’t changed since the last modification. The court may also agree to a change if the parents have been splitting time in a way different than what is in their court order.

How to Request a Modification

The parent interested in changing custody—or both parents, if they are in agreement—can submit a Petition for Modification, which is available along with other family laws forms on the West Virginia Judiciary site. Be prepared to describe what changes you would like to see in the parenting plan, the circumstances warranting a custody change, and other relevant information.

From there, the form will be filed with the circuit court and sent to the other parent. You’ll receive a court date during which you’ll have a chance to make your case. If you and your coparent agree on the necessary changes, the judge may simply sign off on the order and handle your request that way.

What the Court Considers

When making a decision regarding a custody modification, the court looks into a wide range of factors. It’s important to remember that above all, the child’s best interests are the priority. To determine what is in a child’s best interests, the court may consider:

  • The child’s current relationship with both parents
  • How the requested change would affect the child’s relationship with both parents
  • Each parent’s ability to provide a stable and healthy environment for the child
  • The reason for the request
  • The preferences of the child if the child is old enough to voice their opinion

The court also generally prefers coparents to work out an agreement together. By approaching this conversation with a calm demeanor and a willingness to understand your co-parent’s point of view, you may be able to reach an agreement before court.

Facing Family Law Issues? Contact Pence Law Firm Today

If you have family law issues in West Virginia, it’s time to talk to the team at Pence Law Firm. We can help you learn more about your options and develop a plan. Reach out online or call us at 204-407-7852 to set up a consultation.

Establishing Paternity and Its Impact on Child Support and Custody

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Questions of paternity can be painful and confusing to navigate. Perhaps you’re in a long-term relationship but not married, and you need to know how to get on the birth certificate as your child’s legal father. Maybe you’re questioning the paternity of a child you’ve raised as your own. You may have just found out about the existence of a child that is very likely yours.

No matter what has led you here, we’re here to help. As you figure out your next steps, turn to the team at Pence Law Firm to advocate for you. Call us at 304-407-7852 to set up a consultation now.

How to Establish Paternity

Paternity does not need to be established in every single case. If a child is conceived or born out of wedlock, during a separation, or during a divorce, you must establish paternity. However, even if you are married and the child was born during your marriage, you can seek to prove paternity.

There are several ways to go about establishing paternity in West Virginia. By following any of these accepted routes, you can be legally named as a child’s father. This enables you to seek parenting time and allows either party to establish child support. You can establish paternity by:

  • You can voluntarily acknowledge that you are a child’s father by signing a Declaration of Paternity Affidavit.
  • Either parent can verify paternity or determine paternity if it is in question by requesting genetic testing. The BCSE—Bureau for Child Support Enforcement—will order the genetic testing and send the results.

If you have been struggling to prove paternity because the other parent is resistant, you may wonder about your options if they refuse to submit to genetic testing or refuse to present the child for genetic testing. Once the BCSE orders genetic testing, it is a binding legal order. Should either party refuse, the BCSE can find them in contempt and go forward from there.

Paternity and Child Support

Once paternity has been established, either via the Declaration of Paternity Affidavit or genetic testing, the BCSE will set up a hearing to determine child support for the child or children in question.

In fact, child support is often the primary reason that a parent seeks to establish paternity. Potential fathers often have a lot of questions when this happens—what if they don’t want to be involved in the child’s life? Can they sign their parental rights away to avoid paying child support? What if the mother hid the child from them?

There are very, very few circumstances under which a legal father can avoid paying child support to provide for his child or children. The court will go to great lengths to ensure that the child receives the financial support they deserve, including seizing tax returns and garnishing wages. It is crucial to speak with a child support attorney if you are concerned about your obligations and your ability to pay.

Parental Rights and Custody

The good news is that establishing paternity does give the legal father substantial rights. Once he has been named as the legal father, he can request access to the child in order to build a relationship with them—barring extreme cases of abuse, substance abuse, or other scenarios that would put the child in danger.

If the child is young, visitation may depend on whether or not the child is breastfed and how long they can be away from their mother. Once they reach an appropriate age, a father can request additional parenting time.

If the child is older and the father has not been involved in their life until now, visitation may start gradually and slowly ramp up. This gives the child time to become comfortable with their father before moving to overnight visitation and even shared custody.

Take the Next Step in Your Family Law Case and Contact Pence Law Firm

No matter what situation you find yourself in, we are here to support you. Set up a time to talk to the family lawyers at Pence Law Firm now to talk about your legal options. Give us a call at 304-407-7852 or send us a message online.