Guest Post by Attorney By Kathleen O. Peterson

1. Who Pays?  Sometimes divorce judgments are clear about how much each parent will be required to spend on extracurricular activities and sometimes they are not. Be careful before committing to a costly summer camp or program with the expectation that your former spouse will cover some or all of the cost. Unless he or she is required to do so in a court order you will likely be out of luck in trying to recover any expenses.

2. Be Aware of Travel Requirements – Where are you planning on going on vacation with your children? Are you lucky enough to be heading to Italy? Or on a Carribean cruise? Make sure you know what paperwork you might need. Is your child’s passport up to date? How many months until it expires? Some airlines or travel companies require that there be at least six months left on a passport for someone to start their trip. Do you need a certified document from the other parent giving permission for the child to go on a trip? You don’t want to be stranded at the cruise ship terminal in Fort Lauderdale because you didn’t bring the necessary documentation.

3. Try to Avoid Needing the Help of the Court to Make Your Summer Plans Happen – Every time children are on a break from school our courtrooms see an increase in people filing requests for orders concerning vacation and related issues. Keep in mind that in Orange County right now it usually takes four to six weeks to obtain a hearing. While it’s possible to seek an emergency order, such requests really should be limited to true emergencies. Judges quite reasonably get irked when someone comes in with an emergency request that is only an emergency because the parents did not plan in advance. If you are one of these petitioners, you will likely have your request denied and perhaps also leave a bad impression on the judge who may later decide more pressing issues in your case.

4. Remember That The Most Important Thing Is The Happiness and Welfare Of Your Children – It is easy to become annoyed with a former spouse who asks to have a carefully negotiated custody arrangement tweaked in order to take a vacation with a child. It is key to keep in mind that your child is the most important person in these issues. Don’t withhold permission for your child to take an amazing trip or to attend a family reunion just because the trip falls within “your” custodial time. Also, think carefully before extracting a “quid pro quo” from your ex-spouse before agreeing to a trip. The last thing you want is for your child to feel like a negotiating chip. Try your best to work together to make sure your child has the best summer possible – and not just this year but every summer in the future.

Kathleen Peterson is the owner of the Law Office of Kathleen O. Peterson in Irvine. She has more than 25 years of litigation experience. After many years with a large international law firm she opened her own practice in order to assist people in navigating some of the most challenging experiences in life – the end of a marriage, the failure of a business arrangement, or the challenge of resolving a difficult relationship with a key employee. She has been married to her college sweetheart for 27 years and is the proud mother of two college-aged boys.

Wrong.

If you have children, especially small children, the time for estate planning is now.

Your estate plan allows you to plan for who will care for your children, makes sure that your property is transferred to the people you want to have it, determines who will handle the business affairs of your estate and who will handle the property you leave to your children.

If you still don’t think you need an estate plan, here are a few things to think about:

Why are you delaying estate planning?

For many couples with young children, the expense of actually sitting down with an attorney may be the leading factor in delaying planning their estate. When you’re trying to pay a mortgage, an estate plan may seem like a luxury you can put off until a later time. But consider the possibility that something does happen to you and/or your spouse. What would happen to your children? If you don’t decide who will take care of your children and put that decision into an estate plan, the court will make the decision for you. And that may very well not be the best choice for your kids.

Some parents delay estate planning because of mixed feelings about death, property issues, even marriage and family relationships. If these issues are causing you to put off planning your estate, take some time to sit down and discuss them with your spouse and really get a handle on your feelings. Once you’ve dealt with how you feel about these issues, you will have a much better handle on how to plan your estate and the peace of mind that comes from knowing that your children and your property will be taken care of.

A reality check

Once you’ve examined your feelings surrounding the issues involved in estate planning, it’s time for a little dose of reality. Be very realistic about your resources and how they’ll be used. If you want your estate to be used for sending your children to college, you need to also think about how they will be supported until they actually reach the age to go to college. The first thing you need to think about is supporting your children. They need food, clothes and shelter first. College is a secondary consideration.

The time to plan is now

If you’re wondering if you need to hire an attorney to plan your estate, the answer is yes. While you can do a simple will with forms you find online, if you have small children, those forms are not going to design your estate in a way that truly benefits your children and ensures that what you really want done is done.

To get the ball rolling, this weekend a local law firm is hosting two free seminars for parents at My Gyms in Tustin/Irvine and Newport Beach; the kids are having fun and being watched while you are in the same room, learning what you need to know. What could be better than that? Get all the details at www.KidsProtectionWorkshop.com.

Darlynn Morgan is an estate planning lawyer at Morgan Law Group, a unique law firm that she created to truly make a difference in the lives of her clients.

Guest Post by Attorney By Kathleen O. Peterson

Summer can often be a challenging time for parents sharing custody of children with former spouses. A schedule that works smoothly during the school year often shifts and presents difficulties during the long summer break. Here are some tips for avoiding problems while your children are out of school:

1. Be Familiar With Your Divorce Judgment – Divorce judgments often contain very specific provisions concerning children’s schedules, but sometimes the provisions concerning summer or vacation periods are less precisely drafted. This leaves room for uncertainty and “creative” interpretation. Take a look at your judgment and see if it is clear about what happens during the summer. Does the normal custody schedule change? Is each parent entitled to a week or more of vacation with the children? Is it clear how much notice one parent needs to give to the other in advance of a vacation? Are there geographic limitations on where the children can go? Have you and your ex-spouse been living up to the terms of the judgment or have you made additional or contradictory arrangements? It is worth pulling out the judgment and giving it a careful read once in a while to make sure there are no surprises.

2. If You Are Not Yet Divorced Be Aware of the ATROS – If you have a divorce proceeding pending but are not yet divorced you need to be familiar with the Automatic Temporary Restraining Orders (ATROs) that come into effect in every case as a matter of law. Among the things that are prohibited are removing a minor child from the state without the WRITTEN permission of the other parent or an order of the court. The court may also have entered some temporary custody orders, sometimes called pendente lite orders, that may place other restrictions on travel during the time the divorce case is pending – sometimes preventing a parent from taking a child out of the county or the region with notice or the approval of the other parent.

3. Plan In Advance – Finding summer activities and programs with schedules that lend themselves to divorced families can often be a problem. Usually, it is not acceptable for one parent to encumber a child with activities that occur during the other parent’s custodial time. During the summer months parents often need to be cooperative in working out a schedule that is in the best interests of the children and is respectful of each parent’s desire to spend time with the children. Planning well in advance of registration dates for program is key to obtaining the cooperation and buy-in of the other parent. No one likes to be surprised by being told summer camp sign-ups are tomorrow and that the forms need to be completed NOW.

Kathleen Peterson is the owner of the Law Office of Kathleen O. Peterson in Irvine.  She has more than 25 years of litigation experience.  After many years with a large international law firm she opened her own practice in order to assist people in navigating some of the most challenging experiences in life – the end of a marriage, the failure of a business arrangement, or the challenge of resolving a difficult relationship with a key employee.  She has been married to her college sweetheart for 27 years and is the proud mother of two college-aged boys.

Guest Post by Attorney Sabrina Darwish

An encounter with the police can be a nerve wracking one. However, knowing your rights can help ease the stress of the situation. Fortunately, we all have rights the police may not legally violate. The following scenarios discuss these rights.

IF YOU ARE STOPPED FOR QUESTIONING…

Ask if you are free to go. If the officer answers yes, just walk away. Walk, don’t run! If the police say you are NOT under arrest, but are NOT free to go, then you are being detained. Remember, police only have to read you your Miranda rights if you are in custody and they want to interrogate you or ask you about a crime. It is a good idea to know the following Miranda rights: “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford one, one will be provided for you free of charge.”

You do not have to answer any questions, besides giving your name and basic identifying information. You may invoke your right to remain silent at any time.

If the police suspect you might be armed and dangerous, they can pat you down outside your clothing. If they search any more than this, clearly say, “I do not consent to a search.” Unfortunately, they may keep searching anyway.

If the police ever mistreat you, write down the officer’s badge number, name or other identifying information. Try to find witnesses and write down their contact information. Finally, remain calm and call an attorney.

IF YOU ARE STOPPED IN YOUR CAR…

Show your license, registration and proof of insurance if you are the one driving. Keep your hands where the police can see them and let the officer know if you are going to reach for your insurance or registration. Don’t physically resist a search, but make it clear that you do NOT consent to one. However, they may search anyways if they suspect evidence of a crime. Try to keep your car free of unnecessary items that could give rise to the police wanting to search your car. Passengers should assert their right to silence and refuse searches as well.

If you are given a ticket, sign it. By signing it, this only means you agree to go to court. You are not pleading guilty to any charges. Contact the court by the date written on the ticket. Failure to appear in court may lead to an arrest and a suspended license. Do not refuse a blood, urine, or breath test unless you are willing to have your license suspended.

IF YOU ARE ARRESTED OR TAKEN TO A POLICE STATION…

Don’t give the police any information except for your name and basic identifying information. Don’t give excuses or explanations. Tell the police you want to remain silent and wish to speak to an attorney. They should stop questioning you after that.

Ask the police if you can park your car in a safe place or have a licensed driver take it away, to avoid towing or impoundment fees. Don’t discuss your citizenship or immigration status with anyone other than your attorney. In California, you must be brought before a judge and formally charged within 48 hours of your arrest, excluding holidays and weekends.

Remember to KNOW YOUR RIGHTS in your next encounter with the police!

Sabrina Darwish is owner of Darwish Law, a criminal defense firm. Sabrina has been practicing criminal law for the past 7 years and was formerly a public defender. She knows the ins and outs of DUIs as well as all other criminal offenses. Being a mom of two, she understands the worry and concern that comes with kids and them getting in trouble. Contact Sabrina at www.Darwish-Law.com if you or your family needs a criminal attorney.

Guest post by Attorney Margaret Wang-Winters

It would be an understatement to say that services for children diagnosed with autism spectrum disorder can be very expensive.  Other than private pay, these services are basically funded through three primary sources – the school district, the regional center and through health insurance.  Regional centers are non-profits contracting with the state of California to provide, using third party vendors, assessment and services for disabled individuals.

During my conversation with Dr. Faye Carter, we discussed how parents can approach each of these three entities to obtain services for their special needs child.  This is what she had to say:

1.      School Districts ~ “Gaining appropriate services from the school district can be a challenge.  School districts vary greatly with regards to what they offer with regards to special education services.  Each school district also subscribes to a different philosophy with regards to supporting special education services.  Do your homework and know what your school district offers with regards to special education services.  Consult with an un-biased professional prior to your IEP meeting.  Have a plan with regards to what services you “must have” for your child and what services you would like to have for your child.  Do not rush things.  Take time to review the IEP and consult with professionals prior to signing the IEP.”

Your school district SELPA (special education local plan area) can be found here:   http://www.ocde.us/SPED/Pages/SELPAS.aspx

2.      Regional Centers ~ “Typically, an initial referral to the regional center is provided by the pediatrician.  Once a referral to the regional center has been made, the child will be evaluated to determine if they meet criteria for eligibility of regional center services.  It may be that the child meets criteria for regional center services, but that the regional center requires you to determine if services are covered by your insurance provider.  If insurance coverage is not an option, the regional center does require that ALL parents participate in a parent education training in order to gain more knowledge with regards to supporting their own children behaviorally.

Find your regional center contacts here:  www.rcocdd.com/

Of the therapies that are critical for successful early intervention of a child on the spectrum, one of the most effective therapies is ABA services (Applied Behavioral Analysis).  It is often also the most difficult to obtain.  Dr. Carter offers particular insight into the current state of coverage for this therapy by insurance companies.

3.    Insurance Companies ~  ”Since the advent of SB 946, accessing services from your health insurance has become relatively straight forward in California.  Typically, once a parent is armed with a diagnosis of ASD (PDD-NOS; Asperger’s Syndrome; Autistic Disorder) there is a potential for ABA services.  Parents should take steps to determine what their coverage is.  Many plans in California cover ABA services. However, self-funded policies DO NOT.  When parents are looking to select a provider they should know what they are getting into financially.  The difference between an in-network plan and an out of network plan could result in thousands of dollars per year for families.

Another consideration would be with regards to financial support of the co-pay.  Many regional centers (at least 16 of 21) have agreed to unilaterally cover co-pay expenses at some level.  This means that the insurance company may cover some portion of your co-pay and reduce your financial obligation.  The intent of the law is not to create conditions where families are unable to access services, simply to push some of the financial burden into the private sector.  When selecting an agency you should be sure that they are well-versed in the insurance mandate (trailer bill SB 946) as well as in-network with the provider in order to avoid unwanted costs.  The insurance company should be able to provide you with a list of providers in your area.”

Find support with insurance questions here:  http://www.autismhealthinsurance.org/

Margaret Wang-Winters is a freelance attorney primarily providing legal research and writing services to other attorneys in Orange County.

She is also a parent of a special needs child.

About Dr. Faye Carter    Dr. Faye Carter is presently the clinical director of the West Los Angeles and Orange County offices at STAR of CA and ERA Education.  She has serviced individuals with Autism and related disorders for over 17 years across a variety of settings.  As both a credentialed teacher (general education K-8 and special education K-12) as well as a doctoral level, board certified behavior analyst, she has the unique ability to be able to advise on both educational as well as behavioral issues.   Dr. Carter can be contacted by email: fcarter@starofca.com.

Your Children Need You to Properly Name Legal Guardians for Them In Case Something Happens to You

I can’t believe it, but 69% of U.S. parents don’t even have a Will to provide for the care of their children if they died today.

And, of those who do have a Will, most of their kids would still spend some time in foster care if their parents couldn’t care for them because their Will does not cover what would happen immediately.

But, it doesn’t have to be this way.

If you’ve been wondering what you need to do to get everything squared away for your kids and family if anything happened to you, come out on Saturday and I’ll fill you in.

On Saturday April 20^th at 1:00 pm at My Gym in  Newport Beach  I’ll walk you through 9 simple steps to take right away so you can have absolute peace of mind that if the unthinkable happens to you, your children are totally protected.  The workshop  is FREE.  We’re providing FREE childcare.  All you have to do is register for the workshop.  How easy is that?

Here’s what we’ll cover:

** How to keep your family out of probate (which is long, expensive, public and does not pass your assets in a responsible way!)

** How to prevent a court from having to supervise your children’s inheritance and then handing them money at 18!

**Why naming permanent guardians is just *not* enough to keep your children from spending time in foster care

**How to choose guardians for your children and not make any of the six common mistakes parents and lawyers make when naming guardians

**How to put your financial house in order and keep it that way

**Confirm you are making smart financial choices about saving for college; keeping your money safe; and buying life insurance

**Ensure your kids and spouse are taken care of…no matter what

**Learn the secrets to protecting your kids’ assets from lawsuits and divorce

**How to give your family the gift of knowing everything has been taken care of if anything happens to you.

By the end of the workshop, you will have a clear plan of action to ensure your children are always raised by the people you want, in the way you want, even if you cannot be there. I’ll guide you to exactly what to do to fulfill your responsibility for your children’s well-being and care, always.

Registration is required, go to www.KidsProtectionWorkshop.com

If together, both parents should attend  and to make that possible, childcare is provided on a limited basis. So register quickly as space is limited.

Roberta Brown of GoCityKids.com has this to say: “I attended [a Kids Protection Planning Workshop] and am so grateful I did.  I left feeling empowered to protect my son from situations that I never wanted to contemplate.  I’ve spread the word among my friends and colleagues since then, because I was so struck with the incredible importance of the information and the clear, direct action points shared.  These workshops are a true gift for the community!”

Register at www.KidsProtectionWorkshop.com

You love your family. Period.

So why not empower yourself to make the right legal decisions for your loved ones in a clear and friendly way…..

As an attorney, I help parents with children who want to make sure everyone they love and everything they own would be taken care of if anything unexpected happens to you.

And since April is Financial Literacy month, to help busy parents get their financial (and legal) ducks in a row, I am giving away 10 copies of the digital version of the best-selling legal planning book “Wear Clean Underwear! A Fast, Fun, Friendly – and Essential – Guide to Legal Planning for Busy Parents.”

As a parent, it is simply not enough to “wear clean underwear” in case you are in an accident, there are important legal planning steps you need to take to ensure your children would be taken care of if anything happens to you.

This easy to read book gives you clear guidance on the steps you can take immediately to do the right thing by your children. This is a must read and it’s my gift to the first ten Orange County parents to request a copy. No strings attached.

To receive your free copy of Wear Clean Underwear, simply click here and submit your name and best email.

Darlynn Morgan is an estate planning lawyer at Morgan Law Group, a unique law firm that she created to truly make a difference in the lives of her clients.  She’s really good at making it easy for your family to talk about and plan for tough subjects like money, death and taxes.

Guest post by Attorney Margaret Wang-Winters

One of the anxiety-ridden tasks that parents face when their child is first diagnosed with high functioning autism is seeking help for their child. It is commonly agreed that early, comprehensive therapies can greatly help a child on the autism spectrum to succeed. But since the child is “high functioning” in many ways, school districts, regional centers and insurance often do not recognize the deficits and do not offer enough services.

As a parent and a lawyer who went through this process with my own child, I wanted to offer a few tips to parents who are just starting on the path of advocating for their child.

1. Generally Speaking, The Younger The Child, The Easier It Will Be To Qualify For Services. This is something to keep in mind when you are tempted to “wait and see” if your child will “outgrow it” before seeking a diagnosis, or before seeking services. We all want to be hopeful, but make sure you factor in the fact that therapies tend to be more effective the younger the child is, and also that it can take a long time for the various professionals to complete assessments and before therapies can even begin.

2. Beware Of Myths. Many parents are under the mis-impression that for a child who is over three, the only avenue for obtaining therapies is with their school district. Or, they are told that they need to first request an assessment from the school district before seeking services from other sources. Some are led to believe that the regional centers, which are funded by the state of California to provide assessment and services for disabled individuals, cannot offer services for children with autism beyond the age of three. None of this is true. You can pursue all the avenues at the same time – the school district, the regional center, your child’s health insurance, and even look into placing your child on the wait-list of special programs that might be appropriate. For instance, UCLA has an early childhood intervention program that is fantastic, but there is a long wait list.

3. Make Sure Your Request For Assessing Your Child Is In Writing. School districts and regional centers have statutory timelines in which they must comply. However, it is really the written requests that start the statutory timelines- phone calls to the school district or regional center may not get documented.

4. A Diagnosis From A Medical Professional Who Specializes In Autism Is Golden. If your child has assessment results, reports and diagnoses from your own selected medical providers that shows your child’s needs for services, by all means provide them to the school district or the regional center! The better the reputation of your medical professional the more weight they will give the diagnosis or report.

5. In The Meantime, Find Affordable Alternative Programs. It can take a long time before you find out whether your child qualifies for services. However, there are affordable, private pay, social skills groups, speech groups, and occupational therapy classes in Orange County where a diagnosis is not necessary to participate. They might not be enough for what your child needs, but it’s a start. A couple of terrific programs that I discovered is a “friendship group” held every Monday at the St. Jude Rehabilitation Center in Brea, run by speech therapists, that teach social skills. Another program is combination karate/occupational therapy classes at Karate for All in Tustin (and another location in south Orange County coming soon), where the instructor is a black belt who is a licensed pediatric occupational therapist. This place provides almost one-to-one instructor-student ratios, and has obstacle courses for the students as part of their karate classes.

     Margaret Wang-Winters is a freelance attorney primarily providing legal research and writing services to other attorneys in Orange County.  She is also a parent of a special needs kid.

Of course this got me thinking because I am often asked about “do-it-yourself” legal options. Instead of risking sounding self-serving, I’ll quote someone else on this subject.  John Ruskin once made an important statement about payment for services:

“It’s unwise to pay too much, but it’s also unwise to pay too little. When you pay too much you lose a little money, that is all. When you pay too little, you sometimes lose everything because the thing you bought was incapable of doing the thing it was bought to do. The common law of business balance prohibits paying a little and getting a lot; it can’t be done. If you deal with the lowest bidder, it is well to add something for the risk you run. And if you do that, you will have enough to pay for something better.”

Most people are looking for three things in purchasing legal services: excellent quality, excellent personal service, and the lowest possible fee. Unfortunately, all three are never present at the same time, and (at least) one must be sacrificed.

Darlynn Morgan is an estate planning lawyer at Morgan Law Group, a unique law firm that she created to truly make a difference in the lives of her clients.

She’s really good at making it easy for your family to talk about and plan for tough subjects like money, death and taxes.  For more, you can Follow her on Twitter , Friend her on Facebook or check out her Blog.  If that’s not enough, you can also find her on Linked In or Avvo.  Check out her free seminars for parents at www.KidsProtectionWorkshop.com.

Would you know what to do if you (or someone you love) is arrested or stopped for suspicion of DUI?  Probably not, right?!?  Of course no one ever wants to be in this position.  However, sometimes good people make bad choices.  Even if with only one drink too many, there are serious legal and financial penalties to face if convicted for drunk driving. One of the most important things to do after being arrested for drunk driving is to consult an experienced DUI lawyer.  Pronto.  My friend and fellow Mommy Esquire Miranda McCroskey shares some statistics on the “hard” costs of  driving under the influence of alcohol.

Guest Post by Attorney Miranda McCroskey

A first time DUI conviction could cost as much as $15,549.00. This statistic comes from a recent report by the Automobile Club of Southern California, according to the LA Times. The Auto Club has developed its cost estimates by totaling mandated state and local fines, penalties, restitutions (i.e. paying a victim to make him whole), legal fees, and increased insurance costs.

As a criminal defense attorney I regularly counsel people who have been charged with a DUI. I can add to AAA’s research that the cost may be even higher if your vehicle was impounded at the time of the stop; if you have to rely on public transportation or taxis during your period of suspension; if a DUI conviction costs you your job. Also, there is the price of the alcohol school (a price that raises based on the length of the class – - which is contingent on your blood alcohol level), the fees you must pay to the Department of Motor Vehicles when converting your suspended license to a restricted status, as well as once the conviction occurs, and potentially an ignition interlock device which includes an installation fee as well as monthly charges.

Calling a cab would be a far better investment of your money.

Miranda McCroskey is a criminal defense attorney in Orange County. When good people make a bad choice she is there to assist them.