Do's & Don'ts of Child Custody & Planning for Your Family's Future

Transcript

[00:00:00] Stephanie: Good afternoon, everyone. Welcome to pink mic legal confessions. I am so excited for you, that are joining us today. We have a really awesome guest, one of my personal favorites and good friend of mine. before I get to Daniel, I'm going to first introduce myself as always. I'm Stephanie Garces Donat. I'm the owner of Garces law firm in palatine, Illinois, where we help, individuals, couples and families prepare for the. Expected, especially when it comes to creating legacy plans and financial future and all that stuff today, we actually have a very interesting topic though, because we're talking about the big dos and don'ts of child custody, which is a huge issue. I think a lot of adults, may or may not talk openly about, but a lot of them. Face, especially when they're having some marital issues. And also how do we plan for your family's future? so without further ado, I wanted to discuss a little bit today with my good friend and accomplish attorney Daniel Hernandez. Daniel, tell us a little bit about yourself. [00:00:54] Daniel: Thank you so much for having me on the show. My name's Daniel Hernandez and I'm principal and managing attorney at next level law, where we practice primarily family law. Divorce and child custody, um, as our, our major primary focus. and so in addition to doing all of that fun work at my law firm, I'm also an adjunct professor at the university of Illinois, Chicago school of law. I always say I'm always having fun, either teaching students on how to be great practicing attorneys or, in being in the courtroom and helping out a family, with, I think one of the most emotional pieces of the law, Which is this divorce and child custody area. So thank you so much for having me on the show and I'm, I'm excited we've been talking with Daniel about doing this and time and time again, when we talk about this, everything is different depending on what time of the year it is. And one of the things that came up, for those of you watching, is that right now the kids are going back to school. [00:01:47] Stephanie: I think of lot of parents are literally just trying to survive. They call it survival mode. I think they call it. so Daniel,What are some of the biggest, common issues that you see that either rise to a child custody issue? and what is your recommendation to try to like maybe avoid issues if [00:02:03] Daniel: possible? I think right now around this time of year, the big issue is everyone going back to school. going with the topic of today, right? The dues do read your agreements. I always wanna share that with every parent, you know, I know that we go to court sometimes and maybe you got a divorce when your child was two and now your child is five. [00:02:25] Daniel: And in that agreement from when your child was two, one of you, or both of you were designated. The parent responsible for schooling. When you are the responsible parent for that,you don't need to ask permission of the other parent. But if you don't go back and read your agreement or whatever the court's, ruling was on that, Then you might be wasting time having arguments or,just. Being in this kind of gray space, Where you don't know if you're doing something right. Or if you're following the rules, reading is fundamental. Right. And so read that agreement. it's definitely the do right now. I think it's, really about know. Who is responsible for that area and then kind of moving it forward. I always like to on my show, explain a little further, like I'm following you because we're attorneys, we speak the same language, but for those of you, um, that are watching and maybe wondering what agreement is he referring to and how do I get to an agreement, Danielle? [00:03:17] Stephanie: How do you explain, like how would, would someone come and see you assuming that they're having. A similar issue. What does it look like that somebody would come to you for child custody services? What is the kind of ideal situation or common factors that come into play that would give rise to even getting an agreement in place? [00:03:33] Daniel: Yeah. There, so there's two, I always say there's two clients, one that has already gone to court and has some kind of court document, uh, naming,what we call the parenting plan, right? The allocation of parental responsibilities and parenting plan. And so that individual may. Issues concerning child custody, like what we just described, right? What school should the child go to? Should he, or she play baseball or should they dance in ballet? Right. Those kind of questions. And, there are many disagreements around that. And depending on what your agreement says, it could very well be that someone needs to be more responsible or someone. Kind of has the upper hand we'll call it right. Mm-hmm in some agreements it's 50, 50, right? There's no one there's no right answer. so issues could come up around that or it could very well be that you wanna modify that. Right. And so you already have an agreement and there's something that you're seeking to change from that agreement. And then I think the other client that comes in is someone who, maybe had a wonderful relationship with their, significant other. And now, As time went on, they're no longer together. And they've been co-parenting together and nothing in the law says, you can't do that, but now you have issues, but you have nothing, no court document. Right. And so now you're really seeking to have something in place. What I always call at least a floor. Of who's responsible when the child sees, each parent and those kind of, having that agreement in place. And I use the word agreement a lot because,as you know, step and I think many of the viewers, very few times do we go to trial? it's a very small percentage even in family law. And so a lot of times we do come. To agreements, that are court issued agreements, Okay. No, that's a really good question. So out of curiosity, and, because I get these questions a lot, how does the court maybe give us the cliff notes version and maybe not, I know there's a full explanation to this, but, what is the way. [00:05:26] Stephanie: Court of view married versus non-married couples in the world of child custody, or perhaps just in divorce as a whole. how do they view on my, I understand that it's different. So I wanted to just kind of touch on that. [00:05:36] Daniel: Yeah. Yeah. So I almost wanted to tell you it's not different at all. Right. I think we different is more a. The lawyering piece, right? Yes. One is that you're divorcing. And so as a married couple, you need to get a divorce and part of your divorce, if you have children is the allocation of parental responsibilities. and creating that parenting plan. And so it's just one additional step to your divorce. And I think on the other side where you have unmarried parents, you're petitioning for parentage, right? You're petitioning to establish number one that. The other parent, Is a parent, right.whoever you're petitioning, and then number two, to establish the parenting plan, and the allocation of parental responsibilities. just as a tidbit, you're gonna hear me say that allocation of parental responsibilities a lot, because in Illinois, in the law, we don't use the word custody. as a legal term. and so that's, I always tell everyone really the person who has custody is the parent that is responsible for, the child. I like to explain it to people like, look for purposes of the world, you are a parent. Yes, no, one's arguing that, but purposes of the law looks see you a little different depending on what has happened in the marriage or the relationship. [00:06:43] Stephanie: So that's great. and I think I mentioned this to you earlier, one of the most common questions that we get, and it's like a do, and don't, what to do when it comes to having, children or having a spouse. a lot of people will. Can I, put something in place, whether it's an agreement with you, Daniel, or an agreement with us to essentially disinherit or remove parental rights from this other parent. what are your thoughts on that? I have my own thoughts. So what are your thoughts on [00:07:07] Daniel: that? while I don't practice, will in estates and disinheriting and inheriting, it does touch family law. And I have had clients tell me, I wanna will cuz I wanna make sure that if something happens to me, the father never sees,the children or if something happens to me and my spouse, that my parents never have custody of the children. And I always. Tell everyone like, wait, we have to go back to the foundational principles of family law. Right. And it is what is in the best interest of the child. And, as much as we wanna sit here and say, I could write a will today and say for sure, my children should go to my sister. Maybe when I pass away, my sister is a drug addict and doesn't live in a home. And, The best interest my children be served. they wouldn't. Right. And so while certainly I always tell, my clients, when in the family law realm, I always say, well, when you talk to your estate planning attorney, tell them that you would like to provide the court with some direction, right? You would like to say in today, as I'm signing this document, I think my sister is a well capable individual. Who's built a relationship with my children and if something were to happen to me, they should go to my sister. Right? Um, absolutely. Now that being said too, if there's ever a parent available, The court is going to look to that parent to do exactly what they are, be a parent right now, again, analyzing the best interest of the child. Right? If the child's 15, never seen the father, I don't know if that's in the best interest of that child to. Have his life upended after losing his mother in this example. And now have to go live with a man. He doesn't know. while I'm not a judge, I don't think would rule in that way. Right.I always say it's more about. Telling the court a story through your will through whatever document. [00:08:53] Stephanie: Absolutely. Absolutely. And I couldn't agree with you more. I mean, we do is estate planning here and one of the things I always tell people, same thing to resonate with what you're saying is they say, you know, you have to make sure. That all we're doing is it's a plan. Now could the plan come true? Okay. Well, assuming dad maybe is not in the best interest or mom is deceased or perhaps mom wants nothing to do with the kids. you're giving guidance. So I always tell clients, especially when it comes to parentage, parentage comes up a lunch and who's gonna take over my kids. And I always tell people like, think about two things. How do you want your kids to, to be raised? Do you want them to grow in this way or in that way? Do you have a, do you have a fun uncle who's really, really fun, but maybe not super responsible and won't have money if, to raise them. those are the types of questions that come up and, we always tell them the same thing. I mean, you wanna give a plan because a plan is better than no plan. it's probably similar in your world where, like you said, Maybe you're having trouble with your spouse, or maybe you're having trouble with your, partner, and you're not seeing eye to eye with the kids and the way that things are being handled, this is where they come to you for say, okay, now we need to get an agreement in place. same thing with will having a plan is better than no plan. Right? I always tell my client, I've said this so many times in this show is if you don't have a plan around your family, whether it's what happens. If I. Or what happens if me and my spouse are not getting along. What's the plan for the future. [00:10:12] Stephanie: You have the power to change it. Right. And you don't jump out of a, of a plane without a parachute. So it's the same thing. I love that you mentioned the part about, what's in the best interest, because I think in real time, people don't, really understand how it works and. Having the, the best interest of a child is always, is such a, it's such a fun word we learned in law school. Right.but when you think about it in real time, it's crazy because anything could happen, like you said, like maybe mom or dad is not in the picture or perhaps there's been a disagreement in the family. those are really interesting topics that come up. do you ever have recommendations, of things people should be doing perhaps that, you see is not happening, especially with child custody or in family law? whether it's anything from,when you get married or when you been with someone for so long, are there things that you see like, Hey, these are really common practices and everyone should consider. I always say, that lawyers are problem solvers, right? And so sometimes I can use the law to solve a problem. I can go to court, I can run in there and sometimes I can kind of, sort of be a therapist and share a little problem solving tidbit. And I always in the realm of child custody. I always share with my clients. Communication is key. Do I understand that you. Forced to communicate with someone that you might not, uh, like. [00:11:28] Daniel: Right.I've shared with some clients I'm like, wait, these are the cards you were dealt,you have a beautiful child that you love, Your child has a parent. This parent clearly wants to be in the child's life. Cuz that is why you are in court. Maybe you're upset about that. I understand. but you could be in, in another position right. Where the child isn't receiving love from their other parent, right? Yeah. Or, and stuff like that. But I will say a lot of arguments that happen is all because someone didn't wanna write a text or someone didn't wanna pick up a phone call or someone didn't wanna walk away too. You know, like communication, I think is a key in a bunch of stuff. Sometimes my clients will send me texts and be like, how do I respond to this? And I'm like, I don't think you need to respond to that text. that's a walk away text, right? Like not being nice. You could set a boundary. But I think in all honesty, When you don't communicate at all right. Then where are you getting at? if you and I both had children, right? Yeah. and I was the parent that got to see the child every other weekend. and you had a baby shower? No, sorry. Lemme use a baby shower. [00:12:31] Daniel: your nephews birthday [00:12:33] Stephanie: is this? It is a baby shower, by the way, I've gone to so many this summer. it's a hour, so you're on track. let's say you have a. It's his birthday. You wanna take the children? It's my weekend, right? Yep. One of two things could happen. You could pick up the phone and you could say, Hey Daniel, it's our child's cousin's birthday this Saturday. [00:12:54] Daniel: Can we switch weekends? Maybe I'll tell you. Yes. Maybe I'll tell you. No, at least we communicated. the other option is that you just do whatever you want. And then the only option there is for me to take you to court and say, I can't believe her, your honor. She Didn't abide by your order, by her own agreement. It was supposed to be my weekend. I had plans, and so something as simple as a phone call could have avoided all of that, Paying attorneys, going to court, spending months over one weekend. I always share communication is key when it comes to the children. Safe communication. I will never tell my clients that are in unsafe situations to communicate with their co-parent, if it's unsafe to do so. Right. But when it is safe, if you could, you know, use one of, uh, the parenting apps to do it, or you. If you have like a running thread of an email, if that's the way you communicatesome parents are still picking up the phone and they're still having regular phone calls and they're okay with that. however you feel safe doing it. it definitely can help in so many ways just having a conversation. [00:13:55] Stephanie: Yeah, absolutely. it's so funny because I feel like, maybe we, our therapist, if you call us counselors for a reason, I could agree with you more too, because a lot of times I think a lot of it is just coming down to like, who is the person that's going to be putting their ego aside, really? Because sometimes it comes down to ego, right? Like I might think I'm a hundred percent, right. You think you're a hundred percent. And then that's where the problems arise. but the good news, it kind of sounds like there's a solution to the problem. It just costs you money and time, but you hear to hear folks, you can probably get around money and time being wasted. If you just pick up the phone. I couldn't agree with you more, although then again, sometimes I think it's easier said than done. Many people feel so passionate about their position and their stance, but, that's why I think as problem solvers as a. We're in business, There's just so many, um, things that come up in this scenario that people don't know what to do. and lot, I think people also go down like a web of the internet. So that's my other question to you. I know I get a ton of that. but do you ever have people say, Hey, I looked online and this is what it says I should do, or can do, with any part of your practice, do you see that happen a lot? [00:15:03] Daniel: Yeah, and I, I. I always begin every conversation around, you know, Hey, I was Googling you know, that's great. I love that you are knowledgeable, right? Yeah. I love that. You love to read about the law and to understand your situation. Now I always share too. I went to law school. I practice this area of law. And I think that is where,the Google search stops, right? The Google search just gives you information, but it doesn't tell you how. Apply that information, right? Sure. In board or how I would practice that. I think it also, I can't help, but use the word practice one more time. [00:15:38] Daniel: The practicality of law is important too, right? it's great that the law says, you know, for example, if you have an agreement and what you Googled says, well, you have to abide by the agreement. that is great. That is true. In the practice of. Piece right. If you and I using us as an example again, if we're both co-parents and I decide to move to Florida, And I'm supposed to have the children every other weekend, and it says you're supposed to bring me the children every other weekend. It's not very practical for you night. All the way to Florida. Right. it's not practical for you to do that. Right. I think certainly there's gonna be some litigation here, but I think we need to go back to the drawing board and rewrite an agreement. but I know some attorneys. Get really upset. I have a mug that was given to me for Christmas that says, do not confuse your Google search, with my law degree. Right. Um, I given those right. I laugh at that mug, but,knowledge really is power. And so it's great when I think clients, have that information. But I always tell my clients too, That you wanna ask me questions about what you read is one thing, that you wanna tell me how to practice law. That's another thing, I hold the license and I'm gonna practice law the way I see. best fit for your case. Right. And I have yes. Ethical obligations to meet, That, yeah. The reader of Google could walk into court. You're right. You can walk into court and file that motion. You're telling me that I should file. I'm gonna tell you that it's frivolous. I'm gonna tell you that it's sanctionable. I'm gonna tell you that all these horrible things could happen to you. but you would have to do that on your own, not using my law license. yeah. In trouble for that. you know what, I love to use it ethical because, I've had more people say to me and maybe, and it's more just like it's really to educate consumers than in viewers. [00:17:30] Stephanie: I always tell 'em like, there is a reason why,the attorneys exist. Right? We know the changes in the law. We know what's going on. if you're in a jam, I have a lot of people that do it on their own, whether it's anything you name it. I've seen holographic wills. I've seen people come up with their own motions and, we pro se and stuff, nothing wrong with that to an. But I think, my question to you, Danielle, and maybe you'll, agree with this is, do you think that people can represent themselves? I mean, because that's one of the questions we get all the time and, of course there's value in what we do and we can talk about that, but can people represent themselves? That's one of the biggest questions that I get. and it's particularly for your situation, child custody, can someone [00:18:10] Daniel: represent themselves? certainly the answer is yes. We can all do things by ourselves. Right. I could build a house by myself. Would I wanna live in a house that I built? I don't know. I'm not a contractor. I can, we can all do things on our own, Yeah. But there is a reason why there's a professional that exists there. and that professional has knowledge. that number one, they're gonna share with you and number two, that's gonna help. Accomplish your goals,do I understand that not everyone has the resources to hire an attorney? I certainly do. And there are services out there though. Even my law firm offers. Yes. this type of service, which is, a. Representation, but on a limited scope basis, certainly it's not the same fee. I would be charging if I was driving your case, If I was the attorney going to court, but there is a fee where I can coach you. I could say, Hey, the motion that you need to file is the child support motion. This is how it works. You're gonna write the motion. [00:19:05] Daniel: This is what I want you to write in your motion. You're gonna file it with the court. You're gonna present the motion that day. All you're doing is presenting it. You're gonna say, your honor, I am here to present this motion to you, and I might even give you a little script to read when you go stand in front of the judge, right? Yes, you can do stuff like that. but what I always say is to never do it blind, you know, you have to use some kind of resource. Sometimes. I even say when I was, 25 years old and a baby lawyer, I even, I was afraid of the court even. I didn't know what I was. Doing sometimes. I needed the, oh, all of us. I needed mentors. Like you I'm mentors. Like my colleague Roya, To tell me, Hey Daniel, you go to this courtroom to do sex and you go, you leave that courtroom and you go to the filing room, that's on the eighth floor in the daily center. And I'm like, oh my God. So much. Let me write this all down. [00:19:53] Stephanie: although I was gonna say depend, depending on who's watching. Some of our attorney, friends are probably like, I still feel like that. [00:19:59] Daniel: exactly,I was gonna say court is not always the easiest place to navigate, right? No, not at all. Not in today's world. Exactly. And so again, I can't help, but say there's like my firm there's many that offer limited scope services, whether that's drafting your motions for you, or just giving you that coaching, that you're gonna need to help move your case forward. it reminds me of when, we have people that come to us a lot of times with, online estate planning, that they have found online on their own. They've started the process. They want us to review it. We also offer something kind of like a limited scope where we can review what you have in place, whether it's something you found on the web or something you have in. [00:20:40] Stephanie: This from like 20 years ago or something, but it is so important to point that out that the value that's provided even in the limited scope is still worth it. So going in blindly, not a good plan. Remember the parachute thing, jumping outta the plan, the parachute not good. Maybe if you have half a parachute, well, you're more likely to land, right? So it's kind of the same thing. And so I love that you said that because, I think it's important for people to know viewers to know that you can find an attorney that's feasible is number one, right? Then every attorney is feasible financially, which is fine, but I think some of us. Lawyers, I think now in a different generation now understand that services to people should be feasible, whether that's the limited scope or full scope, but there is still options out there. So that's very, very important. Can you do it by yourself? Absolutely. You could definitely go by yourself. Although there's some areas of the law, specifically like criminal, where you can't really show up by yourself or perhaps, even probate courts, we handle probates. They're making people get lawyers. They do not wanna see an air step up and say, hi, I'm an. They're like, you need to come back with a lawyer, at least, not that we've seen. So I think also the judicial system benefits from having people guide it because it's more likely to resolve. It's more likely to meet the goals as you said. And, people feel that they're actually being, represented or have their best interests in mind. So that's really great. So I'm glad you touched on that because I've been wondering that, segueing really quick, I wanted to talk to you about real estate and divorce, because I know this is a hot topic that comes up all the time. I don't know about you Danielle, but I get a lot of phone calls or even comments from clients that are like, Hey, I own my home with my insert, whoever, whether. A partner who you're not married to. the partition actions. We actually talked about that a little bit, not too long ago. [00:22:23] Stephanie: So check on my other, episode on that, but there is something about, real estate and partners buying it together, whether you're romantically involved, or not, by the way, or buying it, being married. And can someone take someone. Property to disinherit them or whatever, without getting divorced. So do you ever come across this? Because I certainly do, but I'm curious if from your standpoint, does anyone ever come to you and say, Hey, I'm married or not married? And we have, this piece of real estate andit's the only opposite they have for the most part, but can we do something for them in the divorce world, married or not? what are your thoughts [00:23:00] Daniel: on that? I think there's a lot there. But I think the main thing, or the foundational piece here, Is like when you're married, any piece of property that you require. And when I use the word property, I'm not just talking about real property. I'm talking about anything from a post-it note to a hundred million dollars. anything you acquire from the day you get married until the day you get a divorce. is marital. Whether my spouse is on it, whether your spouse is on it, That does not mattertaking someone off of a house, you can do it, but when did you buy the house or not putting someone's name on a house. Right. I've had,separated individuals come in and they're like, I just bought a house last week and I'm like, oh, You and your husband bought a house last week, and they're like, no, no, just me, just me. And I'm like, no, you're married, you're married, your husband bought it too. that's what the law says. I think I share that point, cuz it's so important if you don't wanna be with someone to get a divorce, right? Yes. Do you want, I always say if you're married and if you're married, would you want that person making a decision? If you were to be incapacitated tomorrow about your life, cuz that's what the law says. The law says that your spouse is the first person, that they're gonna call on. To make decisions about life or death. Do you want that person? No. Then you need to get a divorce, right? know [00:24:25] Stephanie: I was gonna say really quick on that. for those of you watching, we do offer powers of attorney documents and you can designate someone other than your spouse, if you want to actually make the decision. So keep in mind that what Daniel is saying is kind of. How it works in real time, but to have your own decisions made. And I always say giving power back to us, like the individual to make, those decisions while we're living, you can do that as long as you plan and we do offer those services. [00:24:51] Stephanie: So I just wanna make sure people know that because Daniel is right. If you don't have a plan, really the laws of Illinois, what to apply, but you were able to sort of dictate who makes medical and financial decisions for you. It really comes down to your question about property specifically, right? if you're still married, it's the marriages, right? It's the marriage. Yep. You know, and you might be buying it with your new lover. Right. But it's the marriages, your 50% that you just bought with your new lover it's the marriages 50%. and Daniel, isn't [00:25:19] Stephanie: it true too, that in divorce law, for example, what you just said is so important, cuz the amount of people that we have, and we unfortunately really have to break down the whole like, Hey, I know you haven't seen your partner or separated for X amount of years. But this home that you have, you live there, it was your home at one point is half theirs. And they, most people will say, well, I took them off and I'm like, yeah, but, but David, isn't it true that people can still make a claim. I feel like, well, which comes the job. Yeah. You can make a claim. that's what the law says, [00:25:50] Daniel: right? Yeah. Just like,the person selling a home that is married that still has to have their spouse signed the deed, right? Yes. Sign the de. Why are they signing the deed? They don't own it. Because they're married, which means that this piece of property was technically theirs. And so it or the marriage is right. And so if the marriage is getting rid of it, then they have to sign it. Cuz they're a married individual. do [00:26:11] Stephanie: you see that a lot too with like other properties? A lot of people have multiple properties. I know I represent a lot of investors, people that have multiple properties, not just homestead, not just where they live, but ones that are. I guess you could consider them, investment properties. Do you see those claims come up with married couples? Because for example, if I buy an investment property, but my husband has nothing to do with it and it's just mine and it's only mine. And can he make a claim? Isn't that isn't, they usually certainly [00:26:41] Daniel: can. And he certainly can. Well, I don't see a lot of those cases. it is something he can make a claim to if you bought it during the marriage, that it is marital, right. It doesn't matter that Stephanie, Garces Donat bought it with all of her money that she makes on her own. Really the end of the day, every dollar you make from the day you get married until the day you get a divorce is the marriage is dollars, right? Yep. So the marriage. Property. and so a claim can be made, I think, though, to your point,a piece here that is more about,you know, property, you may have owned prior to the marriage, right? Yes,yes. There's a distinction. Yeah. And that the law does say is still yours, right? That one will say it is still yours now because we use the rule that every dollar you make something , you get married until the day you get a divorce, that piece of property. Is making dollars using my terminology right now while you're married. And so let's say your home, your investment property was valued at a hundred thousand dollars. The day you got married and the day you're getting a divorce, it's valued at $300,000. That 200,000 the marriage made. Not yeah, that's wild. and so it's important to get a prenup so that you can make sure that that property and the earnings of that property are separate from the marriage. Sure. it's so interesting that intricacies, cuz I think some people just say, oh, it's separate property. I'm okay. It's my separate property. Or you know, my bank account,I have $50,000 in a bank account and that's always gonna be mine. Oh, well, if you don't talk to a lawyer or maybe read a little bit on the internet, right? Yeah. That $50,000 in and to a joint savings account. Well, you just made it all marital. [00:28:21] Daniel: You just need absolutely. Right. You know? Yep. Yeah. Little tidbits like that, where you really have to know now, of course, when we're all happy and in love, we don't think about things like that. I always tell anyone who has property, right? Who has built a little bit of a financial foundation that they should certainly before getting married, seek the advice of an attorney, just to see if a prenup is worth it to them. . Yeah. And I think prenups are probably one of the most amicable things. Ever, you'll hear comments of people saying oh, you're just planning the divorce. I'm like, no, you're buying insurance. I buy insurance on my car. I buy insurance for the office, look at the contract as an insurance. if this day comes, we have this agreement that at one time we both thought was super reason. when we both liked each other, we entered this agreement and great document to have, [00:29:14] Stephanie: it's funny, it's such a lawyerly answer insurance. I love that, what's funny about that. You have to remember the mindset too. when we created an estate plant, for example, similar to premarital, the mindset is so important. Why? Because at the time that you create. That your intentions are on paper, right? You at the time are in good health. You feel good. You're in love. Maybe you feel really, really positive about your situation with your family and you create whatever you create. Now here's a question, about the premarital, agreements. Do you ever see people asking to modify those over time? And can you modify them over? [00:29:50] Daniel: That is a great question. I think that there's a couple of different schools of thought here, right? for the most part, most contracts can be modified. if in your agreement you wrote that you can modify it then certainly that you both can have a meeting of the minds. Rewrite, pieces of the contract. [00:30:08] Daniel: depending on what you're modifying. it may be worth creating a postnuptial agreement, right? oh, sure. And discarding the entire prenuptial agreement for whatever reason. finances change. Yeah. Change over time. Absolutely. Right. And so it could very well be when you wrote the prenup, Everyone was working, you didn't wanna have maintenance, you didn't wanna have anything. Maybe you won the lotto and now, my spouse home because, I told them to stay at home. maybe we do wanna write a whole new agreement saying actually we said, no, no maintenance. We said, no, Alimo. My spouse should probably have some alimony if I'm telling them to stay at home. So certainly almost everything can be modified. I always say unless it has the word irrevocable in it, , I'm pretty sure we can modify it. It depends on what you wanna do. Really taking that analysis to know, should we just trash the whole prenup,and create a new postnup or should we just modify a P. That you wanna change from an [00:31:07] Stephanie: old time? Absolutely. The reason I bring that up is because we see it a lot in the estate planning world when we wanna modify things. and for the most part, yeah, unless it's irrevocable or there's something that makes it kind of something that you can't change over your time, you always can and should be reassessing your agreements or what's happening in your family dynamic. And it kind of goes with their theme, preparing for your family's future, whether that's. [00:31:28] Stephanie: Premarital postmarital agreement. perhaps it's a child custody agreement, right? perhaps it's putting a will in place, securing your financial future, protecting the investment properties that you have. Ithe list goes on. That's why this topic is so broad, but it's funny because we're talking about this. Same thing. It's like your family, everybody has a family. and even if you're watching this and you say, I don't have a family, I'm on my own. Okay. Well you have errors somewhere someplace. but what I'm saying is, it's important to talk about these things and we're talking about like our families children. I think the best thing to do is to contact you, for any sort of divorce issues or anything that comes up that may be relevant To their, situation. so if somebody wants to contact you Daniel, where can they contact you? the best place to contact us is just to give us a call. Our number is 3 1 2 4 4 2 22 25. you can also contact me directly at, daniel@nextlevel.law, or visit our website, super easy as well. www.next level dot. [00:32:23] Stephanie: Awesome. Great. Thanks so much. Is there anything else you wanted to add for our viewers today and to kind of,lead them with, a last [00:32:31] Daniel: thought? Yeah. Yeah. I will always say knowledge is power, right? And so whether it's. Uh, you doing a Google search or taking an attorney up on their free consultation? I definitely recommend you just learning enough about, the law for you to be able to make a judgment call on how you're gonna proceed forward. I can't help but say, wow. It certainly is true that many attorneys are expensive. there are affordable attorneys out there, that charge flat rates, like my firm that do limited scope, like my firm does. and it becomes something that is accessible, to the average,person. [00:33:06] Stephanie: Awesome. Great. thank you, Danielle so much really appreciate you having you on. It's so great and such a treat to have you today because I know we've been, back and forth about these issues, but I feel like we've covered so much ground. So if you viewers have any questions, feel free to message us directly. you always have our contact info and please remember that we do speak Spanish Danielle, as much as I do. So we are bilingual law firms. If you need that service. So Les Vanel in case anyone is watching out. To forward this to their grandma or something. But, anyway, thank you so much. And everyone just please tune in for our peak Mike legal confessions. We have coming up next month. We have a lot of good stuff for you guys, so hope everyone as well. And thanks again, Daniel. Thank you. Take care.