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Kenly North Carolina Legal Blog

5 tips for your first purchase of a family home

Buying a home is a major step for couples, and it's something that does come with plenty of potential issues. When you're ready to buy your first home, it's important that you know what you can do to protect yourself and your interests.

There are a few tips that can make your home-buying experience better. Here are five tips to help you stay on track and get the home of your dreams.

Why your powers of attorney are almost as important as a will

You know you need to do estate planning. You have always assumed that just means drafting a will. You assume you can split your financial assets evenly between your two children, give one of them the house and the other the vacation cabin, and then split up minor assets simply based on who wants what. It should be fast and simple. That's all there is to it.

It's not. While it is good that you started thinking about writing a will and doing estate planning, it's almost never that simple. For instance, you also need to think about your legal power of attorney and your health care power of attorney. These documents are almost as important as your will.

Neutrality in custody: Child exchanges in neutral territories

You may not have considered it, but once you have a parenting plan and decide to drop off your child to the other parent, where will you do so? Is it really a good idea to invite your ex-wife or husband to your home? Would you feel comfortable arriving at his or her home?

There's no question that divorces sometimes leave a negative feeling behind for the parents involved in the split. That can mean that meeting on someone's home ground isn't the best plan. Instead, it is a better idea to keep things neutral, at least until enough time has passed that you both feel comfortable allowing each other closer to your personal lives.

Why you should stay away from social media during a divorce

You will probably experience a lot of difficult emotions during your divorce process. This may cause you to reach out to friends and family for support, and what better way to do that than utilizing Facebook and other social media outlets, right? Actually, using social media right now might be a bad idea.

Your best course of action is to completely avoid Facebook and all other social media websites during your divorce proceedings. This is because, no matter how careful you are, it's easy to make a mistake by posting "too much information" or status updates that could be misinterpreted and used against you in court during your divorce.

What does a court consider parenting time interference?

Many parents find that it takes some time to get used to the realities of sharing custody of a child. Whether two parents enjoy fairly equal time with a child or one parent retains most privileges, the rights of each parent are important to respect, and violating these rights repeatedly or severely may result in serious consequences. When a parent's behavior grows from inconvenient or frustrating actions to obstruction, courts may find the parent guilty of parenting time interference.

If found guilty, a parent may lose custody privileges, face a court order to make up lost custody days, or may even face criminal charges in some extreme cases. Many parents choose to address these issues directly by including specific language in their parenting agreement that prohibits such behavior and outlines specific remedies if a parent violates the others rights.

Things to know about the creation of a parenting agreement

As you go through the divorce process, you can't help but think about how this will impact your relationship with your children.

While things are sure to change in the near future, it's good to know there are steps you can take to put yourself in a better position. For many people, this starts with the creation of a parenting agreement.

How to make your co-parenting schedule work

Co-parenting is one of the hardest things to do. Your marriage already broke down, and now you have to work together with your ex-spouse to parent your child. While it may be difficult at first, co-parenting your child is usually the best thing to do in the long run.

When you are co-parenting, your child benefits from you and your ex getting along (or at least appearing that way) and working together. It shows you're committed to making your child's life easier and committed to raising him or her as a team.

Can I bypass a health care power of attorney?

Imagine you suffer a catastrophic hiking accident. You're in a coma and can no longer communicate. Fortunately, you've set up a health care directive regarding the medical care you'd like to receive. The problem is, the doctor doesn't agree with your directive.

Does the doctor in such a circumstance need to follow the health care directive, no matter what? Or, can a doctor who disagrees with a health care directive choose to follow his or her conscience and disobey the directive?

Lucas & Davis, P.A
209 West 2nd Street
PO Box 910
Kenly, NC 27542-5001
Phone: 919-284-5106
Fax: 919-284-6942
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