PROBATE AND WILL
The overwhelming problem seen in a probate process arises when family members do not get along and tend to bring trouble to one another. Commonly, when siblings and beneficiary agree to cooperate, probate can be a relatively painless process. In cases where there is a will contest or challenge, court proceedings will be necessary to recover estate properly being held by a family member or trustee, or perhaps, to recover possession of a real estate property used by a family member or relative.
A will can dispose of property belonging to a testator at the time of his or her death. This includes all of his or her real and personal properties. The document is flexible and may be used to direct all of or in part of the testator's properties. It can also place certain trust provisions on any part of the property in a case of a complex will.
DIVORCE AND SEPARATION
Planning a divorce or separation is never easy. Whether you are already determined to end a relationship or still considering your options, it is vital to always learn more about the basics of divorce law and its legal process. From a legal standpoint, a divorce is to restore each other's legal right to get married again to someone else, divide assets and debts, and to establish future care and custody of children. Showing compassion for children in the divorce process is key to Mr. Clark's philosophy handling divorce or separation cases. It is imperative that you seek the assistance of a competent family lawyer to represent you in these proceedings and to preserve your financial and emotional health. While each state has individual statues that address domestic issues differently, the basic principles they follow when considering a request for divorce are relatively uniform.
CHILD CUSTODY AND VISITATION
Child custody and visitation are often the contentious issues in family law. Determinations of parenting time are likely emotional stress on everyone, especially the children. A divorce lawyer must understand the intricacies of child custody law, and be able to assist in many ways to step through these court hearing and establish custody and visitation rights for the benefits of all parties without the usual strain.
Existing custody and visitation orders can also be modified and changed through proper legal procedures.
CHILD SUPPORT AND ALIMONY
Child support is money paid from on parent to another as contribution toward the support of their minor child(ren) after a divorce or separation. Like most states, South Carolina has already adopted mandatory statewide uniform guidelines for making child support awards. The court will examine a number of factors to determine the amount of child support, including: (1) the parent's respective net monthly disposable income; (2) the number of children for whom support is being determined; and (3) the parent's respective periods of primary physical responsibility for the children.
Child support awards may also be modified at times while the child is still a minor and before termination of the payer's duty to pay support. To obtain a modification, there must be a material change in circumstances since the most recent order took place.
ADOPTION
Before a child can be adopted, a court of law must sever legal ties to his or her birthparents. usually, a child is permitted to have one mother and one father. If a couple desires to become a child's new, adoptive parents, the legal relationship between the child and his or her birthparents must cease to make room for the new parents. Since this process involves that law, it is always judicious to involve a lawyer. Robert A. Clark represents prospective adoptive parents at court hearings to terminate birthparents' parental rights and helps to establish new parental rights through the legal system.
PATERNITY
When a child is born to an unmarried couple, the law may not recognize the biological father as the legal father unless he has signed the voluntary acknowledgement of paternity of is legally presumed to be the child's father in some other way. The purpose of a paternity action is to judicially determine legal fatherhood; primarily established by DNA evidence.
A determination of paternity carries with it all the legal rights and obligations of a legal parent-child relationship, including the right to custody and visitation and the legal obligation to pay child support. A court order naming a man as the legal father of a particular child is a prerequisite for establishing child support, the presiding county judicial system may bring an action to establish paternity and a child support claim.
DEBT COLLECTION
Robert A. Clark represents financial institutions, businesses, and individuals in debt collection process. He has the experience in business and financial transactions. He is skillful and creative. He can work in any way to best suit your needs.
GRANDPARENTS AND CUSTODY
Grandparents that raise their grandchildren need to have more than just physical custody. They need legal documentation of their guardianship in order to authorize and provide health care, school enrollment, public assistance requisition, and to use many other rights and privileges afforded to parents.
Without the proper legal custody granted through the Family Court, grandparents may not be able to exercise their full legal rights of their guardianship.
A change in custody from the parents to the Grandparents can be made by agreement of the parties. This agreement should be prepared by an attorney who knows the intricate circumstances of the situation, and submitted to the Family Court for approval.
While a written agreement to change custody helps in the Court process, it is NOT a legal change until the Family Court's approval and authorization is in place.
PROPERTY SETTLEMENTS
When there is little or no marital property, no children, no issues of alimony or spousal maintenance, amicable spouses can likely obtain an easy divorce. Most divorces, however, are usually different and far more complex. The typical divorce involves a union of many years with considerable marital property, both personal property and real estate, children, family business, debts, trust funds, perhaps properties in other states, joint and separate bank accounts, investments, insurance, pensions, and other assets. In these intricate situations, both parties may not often equally divide their property on their own and therefore may require court decision to a settlement.
RESTRAINING / PROTECTIVE ORDERS
If your separation or divorce has turned into a crisis involving domestic violence or threats of violence, you may need more help than the normal non-family law attorney can offer. Robert A. Clark has the experience representing clients in establishing or opposing restraining orders. He also provides skillful information on criminal defense service for clients alleged or charged with contempt, violation of existing restraining orders, and domestic violent acts.
JUVENILE ADJUDICATION
When a juvenile is adjudged to be guilty of a crime, he or she may receive probation, have a fine imposed, be ordered to perform community service, be ordered to make restitution or pay back the losses caused by the criminal acts, or be sentenced to serve time in a juvenile correctional facility. In any case, a good family lawyer can work with the court system to mediate a solution that offers a fair and just outcome for the juvenile, and together, a break for change of the child's life.
