Who shall I appoint as Guardians for my children?
Guardians are usually relatives or friends who you trust and believe will care well for your children and for any estate you leave to them should you die. It is important to ask them before you name them in your Guardian Will, as they must agree to accept their role and be aware of their responsibilities.
A guardian becomes responsible for the child’s physical care, health, education, and welfare until he or she reaches 18 years of age. This includes providing the basic needs such as food, clothing, shelter, health care decisions and education choices.
Shall I choose a different person to take care of my children’s estate?
Some parents name one person to be the children’s personal guardian and a different person to look after financial matters. Often this is because the person who would be the best surrogate parent would not be the best person to handle the money.
In conclusion, for parents of young children, naming guardians is one of the most important safeguards a parent can do to protect the long term safety and welfare of their children. You should have complete confidence in the guardian you chose, and you should be certain that the person you are choosing is willing to accept the responsibility of raising your children should the need actually arise.

Don’t just run amok with paperwork and important decisions without talking to an expert…… you may regret it.

Have you ever made a mistake on a form, and later, thought, ‘‘Why did I write THAT?’’ The form was too long, it was in “legal-ease” and you thought you understood what they were asking – but you didn’t. Don’t make those costly mistakes. Even if it doesn’t cost you more money, it may cost something even more important – your time, your family.

One of the most important things you can do is to educate yourself. You may be afraid of meeting with an attorney, it makes it too “real”, but before you make decisions or even agreements, you need to know the basics first; increase your knowledge and know your rights, in order to make decisions that are beneficial to you and your family. If you don’t build your case on a good foundation, you may not get everything that you are entitled to. This is where a good consultation proves important, something often skipped when starting out.

A good consultation will inform you as to what you need to know in order to make educated and reasonable decisions regarding what ever situation you may be in. In this world of Internet it is easy to just click and download forms, or spend money on partial help with agencies you may not really need. More times, more than not, the cheap comes out expensive.                                                                           

The Law Office of Dennis M. Schuster focuses on serving the needs of men and women going through divorce, dealing with child and spousal support, child custody issues, and other complex family law problems. It’s as easy as making an appointment and consulting with a knowledgeable and experienced lawyer to get your case started off right.

Kari Bovasso | Webmaster
Schuster Family Law

Millions of fathers are embroiled in the fight of their lives regarding the custody of their children.
Afflicted by the animosity that is often part of divorce proceedings, many wonder if they will ever again be an important and worthwhile part of their child’s or children’s lives.

A Father Has Rights

A father has the right to be a part of their child’s life, in every possible way.

Fathers have the right to seek and have custody of their child.

A father who is a custodial parent has the right to ask for child support as well.

If custody is not awarded a, father has a right to be involved in their child’s life, without undue interference from the custodial parent.

A father has the right to foster an ongoing, active relationship with their child, with their best interest in mind.

The Law Office of Dennis M. Schuster fights for the rights of men and fathers going through divorce and custody issues in Southern California.

Dealing with a non-compliant parent and the Family Law Court System.

Divorce, separation and the end of a domestic relationship takes on a very different perspective when dealing with the custody, the medical and psychological and even the diet of a “special needs” child.

Parents of children with Autism, Attention Deficit Disorder (ADD), Hyperactive Disorder (ADHD), Learning Disabilities (SLD), as well as sensory, muscular and developmentally challenged children unfortunately face all the same strains on a marital relationship that other parents do, and so much more.  When the relationship ends and one parent is non-compliant as to the needs and requirements of a special needs child you need an experienced family law attorney who specializes in obtaining the orders needed to make sure your special needs child is receiving the proper care, medication, diet and his or hers psychological needs are being met properly.

Custody, Visitation, and Support Issues regarding a Special Needs Child:

When the “special needs” parents, as other parents do, decide to terminate their marital or domestic relationship, the issues of custody takes on whole new dimensions. What are considered baseline concepts for dealing with the issues of custodial rights and child support guidelines no longer fit the “special needs”  situation.

When a special needs child is involved, there are complex issues which arise and which must rise above the parent’s anger, emotions, and anxiety, of the process. The approach to dealing with the divorce of parents of “special needs” children often requires more than simple solutions as these problems are generally extremely complex in their understanding and in their presentation.

We here at the Law Office of Dennis M. Schuster specialize in addressing the needs of families with Special Needs Children and the Court.

Divorce is stressful under the most “ideal” situation. However, when the parties have a special needs child, it is critical to make sure the parents are considering all aspects which carefully consider the present and future needs of the child.

The second person is FDR. This was a man born to great privilege who in his very prime was stricken with polio. His public life seemed over and to a lesser man it would have been over. However, FDR refused to give in to self pity or to a life of indolence and ease which his wealth would have enabled him to. Instead he addressed his disease four square and worked every day of the remainder of his life to maximize his physical capacity. That took a great deal of emotional and physical strength. The result was that FDR went on to become president of this country at a time of great economic crisis and after leading the country through the great depression went on to become the great war leader during the Second World War. All this happened because of FDR’s great discipline.

The third person I would like to mention is my father, John Schuster Sr. My father, who is 85 years mature, went through the Great Depression and the into the military where he served for “the duration”. My father only managed to get through the 7^th grade! However, he did not let that stop him. While a young married man, he decided to go to night school in order to better himself and his young family. My father worked a full time job and then went to night school. There was no whining or self pity, no “Why Me” he truly was a child of the depression. He did not think that life “owed” him anything. That took tremendous discipline and the end result was that my father raised, with my mother, six children all of whom have become functioning, successful and contributing members of society. This was a direct result of the discipline that my father had in his life and through his example, taught us to have in our life.

• The traditional method has been to leave a will.

While leaving a will is good,  and may be necessary,  there are definite drawbacks: 

• The most obvious drawback to leaving items in a will is the fact that it is costly.  An $800,000.00 estate will incur attorney’s fees in California of at least $19,000.

An option people should consider is a “Revocable Living Trust.”

• The advantage to a “Revocable Living Trust” is that no probate fees are incurred thereby saving valuable hard earned money that a person can leave to a loved one.
• That a “Revocable Living Trust” can be cancelled at any time by the creator of the trust without harm or penalty.
• While at one time a “trust” was a work associated with the very rich as I have already said times have changed.
• A good living trust should also be seriously considered  along with a Durable Power of Attorney and Medical Directions.

After careful consideration of the person that you most trust in your life every individual should create a Durable power of attorney for finances.

• A Durable Power of Attorney for finances allows a trusted party to manage your finances not included in your living trust in the event that you become incapacitated.
• Further, to ensure that you are not taken advantage of a person can be placed in your Durable Power of Attorney indicating that the Durable Power of Attorney for Finances will only become operative if a physician certifies in writing that you are incapacitated.

A Health Care Directive completes a careful but simple estate plan for yourself.

• A Health Care Directive is a document a person can create in order to give direction, even binding directions to a love one as to what medical intervention, if any, you will desire if you become unconscious or mentally incapacitated.

We all want to be able to dispose of our life savings as we want and further to see that the end of our life occurs as much as possible with dignity.

California family law firm Schuster Family Law notes that since 1993, the courts have come to recognize the legal rights of grandparents to see their grandchildren and have made that process a bit easier. To obtain court-ordered visitation rights, some conditions must be fulfilled and grandparents have to take several legal steps.

Whittier, CA (PRWEB) October 1, 2008 — California family law firm Schuster Family Law notes that since 1993, the courts have come to recognize the legal rights of grandparents to see their grandchildren and have made it easier for them to do so.

According to Dennis Schuster, founder of Schuster Family Law, most often grandparents will assert their rights when the parent of child dies or is jailed. He adds that certain conditions must be present and there are some legal steps grandparents must take to secure those rights. They include:

***An existing bond must exist between grandparent and grandchildren.

***The visitation must be in the best interest of the grandchildren.

***The parents of the grandchildren must be living separate and apart.

***The grandchild is not residing with the parent.

“If the parent with sole legal and physical custody objects to the visitation, this may interfere with the grandparent obtaining visitation rights,” said Schuster. “However, the courts still remain very open to grandparents’ securing their visitation rights.”

About Schuster Family Law

Schuster Family Law is a California family law firm that handles divorce and adoption cases. Schuster is also developing a unique niche in representing parents whose children need special education. For more information, visit: www.schusterfamilylaw.com

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This press release has been reprinted from PRWEB per the terms and conditions of the copyright notice.

California family law firm Schuster Family Law discusses the myths, truths and tips about paying child support.

Whittier, CA (PRWEB) August 24, 2008 — California family law firm Schuster Family Law discusses the myths, the truths and the tips about paying child support in California.

The Myths — “When it comes to paying child support, there is seldom agreement,” said Dennis Schuster, founder of Schuster Family Law. “Mothers and fathers will either claim they cannot pay the support ordered by the court or that they cannot live on the support ordered by the court. Paying child support is never an easy aspect of divorce proceedings.”

According to Schuster, this is because people hear so many different stories regarding child support. On one hand, there are the stories how one person paid little or nothing toward child support; on the other hand, there are also stories how another person got a large amount of money for child support.

The Truth — The truth of the matter, says Schuster, is that child support is regulated by a complex formula established by the State of California.

“Support is usually based upon all gross income (including overtime and bonuses) for the past 12 months of both parties, number of children, percentage of time each child is with parent,” said Schuster.

He explained that the court will allow certain hardship deductions, such as an unusual medical expenses; however, the court ordinarily doesn’t take into account a person’s monthly living expenses.

Schuster notes that when it comes to paying child support, there is often not a lot of room for negotiation, so the parties must accept whatever the judge orders.

Some Tips

–Most important, the person who pays must pay.

—If the payer doesn’t pay, the amount owed will accrue 10% interest per year.

—Child support cannot be discharged in bankruptcy.

–With the exception of money owed to a County Department of Child Support Services for AFDC, there is no statute of limitations on child support.

–To protect yourself, insist on a wage assignment order attaching your wages. It’s proof you paid.

–When obtaining a child support order, it’s important the amount for each child be clearly indicated, so this amount will be automatically reduced once the child becomes an adult.

About Schuster Family Law

Schuster Family Law is a California family law firm that handles divorce and adoption cases. Schuster is also developing a unique niche in representing parents whose children need special education. For more information, visit: www.schusterfamilylaw.com

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This press release has been reprinted from PRWEB per the terms and conditions of the copyright notice.

Importance of Paternity Testing in California

Whittier, CA (PRWEB) August 17, 2008 — California family law firm Schuster Family Law discusses the importance of paternity testing in California.

“According to California law,” said Dennis Schuster, “When a man and woman are married and are living together as husband and wife, and the man is neither sterile nor impotent, if a child is born, then the man is presumed to be the legal father of the child.”

However, adds Schuster, if a husband doubts he is the father of the child, then he has two years from the birth of that child to ask the court to order a test to determine if he is the father. This is called a paternity test.

Schuster warns that only a court ordered paternity test is considered valid. Paternity tests taken informally prove nothing.

Remembering that there is a two-year window is important, according to Schuster, because if there is no court-ordered paternity test during that time, the husband is automatically presumed to be the father. And with this presumption, comes child support, adds Schuster.

He adds that although there are certain circumstances when the court will allow a person to request a paternity test after the two years are up, you shouldn’t count on it.

Schuster’s advice? “When in doubt, test.”

About Schuster Family Law

Schuster Family Law is a California family law firm that handles divorce and adoption cases. Schuster is also developing a unique niche in representing parents whose children need special education. For more information, visit: www.schusterfamilylaw.com

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This press release has been reprinted from PRWEB per the terms and conditions of the copyright notice.