My husband and I have joint legal custody and joint physical custody of our three children. We both live in Montgomery County. The children go to private school. Can I move without getting a court order?
Answer:
At Shemtob Draganosky Taylor Stein, PC, our attorneys think outside the box in divorce and prenuptial agreements. We are able to prepare creative documents that accurately express your intentions and fit your needs.
We know that the concept of a prenuptial agreement is sometimes difficult or uncomfortable to discuss. It may not seem to make sense to negotiate the terms of a divorce before you get married. However, not having a prenuptial agreement can be a big mistake, particularly if you own a closely-held business or are bringing significant assets into a marriage.
No two prenuptial agreements are exactly alike. While every agreement contains some standard language, the substance of the agreement is specific, new, and different for each person. It is important that your lawyer is both experienced in negotiating prenuptial agreements and savvy in the law. Seek the assistance of an experienced attorney to create a prenuptial agreement suited to your needs.
Let Shemtob Draganosky Taylor Stein, PC help you create a prenuptial for your future safety; contact us online or at (215) 544-3974 to learn more.
A prenuptial agreement is a legal contract between two parties anticipating marriage. A valid prenup is in writing and signed consensually and voluntarily by both parties, and it goes into effect once the couple officially marries.
A premarital contract can address several things, including:
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Scenario:
My husband and I have joint legal custody and joint physical custody of our three children. We both live in Montgomery County. The children go to private school. Can I move without getting a court order?
Answer:
The question really is if it will interfere with his ability to have his custody. In other words, if the children are continuing in their same private school and the drive back and forth to school and to his house doesn’t change his ability to have custody, then you likely do not need court permission. However, if the distance between your new house and your old house would significantly impact his ability to spend his time with the children, then it may be considered a relocation. This is unlikely but is certainly something to consider.
Scenario:
The father of my children and I can’t agree on anything. We can’t agree on the color of the sky. He has brought me back to court at least five times on minor issues, such as whether or not our daughter's “Blankey“ should go back-and-forth between households and whether or not I need to send diapers to his house. Is there anything I can do to stop the financial bleeding in this case?
Answer:
Pennsylvania has just recently reinstated parenting coordination. It became effective on March 1, 2019. You can request that the court assign a parenting coordinator to address these kinds of issues. They will make decisions quickly, and it is much more cost-effective. A parenting coordinator has to be an attorney who has practiced family law for at least five years or a psychologist with a minimum of a master’s degree. In addition, either the psychologist or the attorney has to have significant training in parenting coordination.
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I was wary about my rights as a father with my children and concerned about having enough time with them during the week and for holidays and breaks from school. Your help in hammering out a very detailed and fair custody agreement was appreciated more tha- Former Client
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There are many benefits to creating a prenuptial with your future spouse. Any couple can get a prenup, and there is a common misconception that only the wealthy should consider one or that a prenup casts doubt on the relationship. Neither of these concerns should deter you; a prenuptial agreement is an important safety cushion that can save you significant time and trouble in the possible event of separation, and the negotiations around it can also help you and your spouse learn early on how to communicate transparently about your finances.
So, anyone who seeks financial security in a marriage or hopes to avoid a drawn-out divorce should consider entering a premarital contract with the legal counsel of an attorney. In many cases, prenups can lead to fewer arguments in a marriage since couples have resolved expenses and financial responsibilities beforehand in their prenup. Additionally, individuals with significant wealth or assets may use a prenup to shield these assets from a future spouse or to protect their future children's inheritance.
Prenuptial agreements can help alleviate the risks of marital property disputes in the event of divorce. It is important to approach your prenup discussions with an experienced family law attorney who can provide guidance as to what you would be entitled to and what rights you might be waiving as a result of your prenuptial agreement.
Contact Shemtob Draganosky Taylor Stein, PC online or at (215) 544-3974 for legal assistance today.