About Andra DelMonico, J.D.
Graduating from Stetson University College of Law with a J.D., Andra brings a straightforward approach to legal writing. With over a decade of freelance writing experience, she has a wealth of experience in writing about a broad range of legal topics. She has ghostwritten for individual attorneys, law firms, and businesses. When not writing, Andra spends her time boating and motorcycle riding with her family in sunny Florida.
Articles written by Andra DelMonico, J.D.
What Are Sanctuary Cities?
Sanctuary cities are local jurisdictions that have limited cooperation with federal immigration enforcement. Towns and cities have municipal policies for law enforcement that limit information sharing and ignore ICE detainer requests to hold suspected undocumented immigrants in local jails. The 10th Amendment gives states limited independence from federal administrative requests, subject to federal funding threats. Reasons for sanctuary cities' non-cooperation ordinances include public safety …
How Do You Get Parental Rights Over a Child?
Parental rights impact key decisions in a child’s life, from healthcare to education, and can significantly influence child custody and visitation arrangements. From education to healthcare, these rights empower you to influence major aspects of their well-being. If you’re facing a custody dispute or looking to establish your legal role in your child’s life, it’s important to understand what parental rights really mean and how they relate to your responsibilities. Learn the various …
How Do You Get Guardianship Over a Minor?
Becoming a legal guardian of a minor is a significant responsibility that ensures a child’s safety and well-being when their parents are unable to provide care. The guardianship of a minor provides a responsible adult the legal authority to make decisions on behalf of the child, especially regarding their education, healthcare, and overall welfare. Guardianship involves a court-approved arrangement where you take on physical and legal custody of the child. The process can be complex, whether …
What Should Be Included in a Parenting Plan?
A parenting plan should include decision-making responsibilities, communication methods, exchange locations, and other shared physical custody details of parental rights and obligations. Detail legal custody rights for making decisions about education choices, healthcare access, and religious upbringing. Include financial information, including extracurricular and transportation costs, and child support obligations. Provide a dispute resolution and modification process for making changes and …
Creating Parenting Plans if Parents Live in Different States
Child custody cases are challenging enough when the parents live near each other. Co-parenting when the parents live in different states adds another layer of difficulties to consider. When one parent moves to another state, the parenting plan must reflect that change in living circumstances. For legal help modifying a parenting plan, contact an experienced child custody lawyer in your area. Parenting Plans vs. Custody Orders Before discussing the details of a parenting plan, it is important …
Parenting Plans and Custody Orders: A Legal Overview
Custody decisions shape your child’s future. A well-structured parenting plan allows for flexibility and cooperation, while a court-ordered custody arrangement ensures enforceability. Without a clear agreement, misunderstandings can lead to legal battles and emotional distress for both parents and children. Richard E. Garriott, a family law attorney at Garriott Maurer in Virginia Beach, Virginia, explains how many people and courts treat the terms parenting plan and custody order as …
What Happens to Child Custody If You Move Out of State?
Child custody changes when a parent moves out of state after filing a relocation petition and getting court approval based on the child's best interests standard. The Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA) determines which state has jurisdiction to modify the family court order. Joint custody modifications can include changes to the parenting time schedule, travel expenses, long-distance visitation, and virtual visitation. The court can find a parent in contempt of …
Can You Modify a Child Custody Agreement?
Child custody arrangements aim to serve the child's best interests. As parents and children change over time, custody agreements may need to be adjusted to continue to serve those interests. Whether due to a parent's relocation, changes in their mental health, or safety concerns, custody agreements can be modified to reflect new circumstances. Knowing when and how to get a modification can make a difference in your child's life. Courts generally require a substantial change in circumstances …
What Is Marital Property?
Marital property is the marital assets acquired by either spouse during the marriage. In a divorce settlement, marital assets are divided fairly in an equitable property state or equally in a community property state. Marital property includes joint ownership of real estate, retirement accounts, bank accounts, household goods, business interests, and shared debts. Separate assets that are not commingled property include pre-marital property, inherited assets, and gifted property. Couples can …
Dividing Assets in a Divorce
To initiate asset division in a divorce, you must determine what property is marital property, separate property, and whether the divorcing parties had a property settlement or a prenuptial agreement. Community property states equally split the marital assets and debt, while equitable distribution states divide assets fairly, based on financial disclosures, spousal support, and tax consequences. Separate assets include premarital and inherited assets, while comingled assets can become marital …
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