The Faulstich Law Firm P.C.
130 S. Bemiston
Suite 604
Clayton, MO 63105
(314) 260-7823
The Faulstich Law Firm P.C.
130 S. Bemiston
Suite 604
Clayton, MO 63105
(314) 260-7823
The Faulstich Law Firm. St. Louis Family Law Attorneys.
My Blog
Posted on July 5, 2022 at 4:25 PM |
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What Is a Power of Attorney? What Are the Risks of a Power of Attorney?
A power of attorney (POA) can be a useful tool in many situations, but you need to know the
dangers of having a POA or being named as the agent in someone else’s POA. The person who
creates and signs a power of attorney is the grantor or maker of the POA. The individual the
grantor names to act on behalf of the grantor is the agent.
You will want to talk ...
Read Full Post »Posted on May 25, 2022 at 12:20 AM |
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Can I Get a Divorce if My Spouse Is in the Military?
Yes, you can get a divorce if you or your spouse serve in the United States military. Some of the issues like jurisdiction, child custody, and visitation might get impacted by the fact that one or both of you are members of the armed forces, but a family law attorney can guide you through those issues.
What Is a Military Divorce?
Although people often call i...
Read Full Post »Posted on March 13, 2020 at 12:02 PM |
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Most people do not know what a beneficiary deed is. Do you? A beneficiary deed is a very efficient and cost effective way to transfer the title to your house to a loved one at the time of your death without your loved one having to go through the time and expense of Probate Court. Going through Probate could take 10-50 hours or more and Thousands of Dollars($$$). A beneficiary deed is also a document that you create that gets recorded with the Recorder of Deeds before you pass away and it ensures that title to your real estate passes to whomever you designate in the deed. The best thing about a beneficiary deed is that you retain absolute rights to your real estate until the moment of your death. That way, if you decide to change who you want as a beneficiary, you do not have to ask permission from them or anyone else to change it. You can create a beneficiary deed or you can call me to create one for you. I charge $150 plus whatever the recording fee is at the Recorder of Deeds Office. If you think you have the knowledge to DYI, please do. If you would prefer that I share my knowledge with you, please give me a call and schedule an appointment to discuss creating a beneficiary deed and/or other Estate Planning needs. My phone # is 314-260-7823. |
Posted on February 27, 2020 at 11:04 AM |
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In this day and age where just about everything can be found online, why do I need an attorney to create a Will for me? The honest answer is that you don't! However, the next best answer is that having an attorney will help you make sure that what you mean to leave to your family and friends actually gets left to the people that you intend to leave it to. It is true that you could actually just write out in your own handwriting or type up on a computer your wishes, however, do you know what needs to be in your Will to make it efficient and go through Probate without problems? The answer is probably, No. You can also go online and find a form for a Will, however, do you know if this Form is just for the State of Missouri or if it is a compilation of formats for a Will based on the laws in various states? Do you know what a Will really is? A Will really is a set of instructions to the Court as to how you want your assets and debts taken care of when you are no longer around to take care of them. You say, well I don't need the cost of an attorney to create a Will and/or I don't need a Will at all because I have a trust or all of my property is left to a designated beneficiary. That may be so, but do you know how many times people set up their estate just like this and forget to include something in their Trust or forget to leave funds to take care of their last debts for their cremation or burial? A lot is the answer and the unintended consequences of that is that it costs their loved ones and friends in the end. If you are interested in discussing any of this further to find out what you may not know or what else you may need, such as a beneficiary deed, Durable Power of Attorney or Health Care Directive. Please give me a call at 314-260-7823. I will be happy to give you a 10 minute complimentary phone call to discuss these issues so that you can determine if you need something more. |
Posted on February 19, 2020 at 4:50 PM |
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So you are looking to file a child custody or child support case but you do not want to hire an attorney to handle every aspect of the case because that would be cost prohibitive. For the most part you want to be hands on and handle the case yourself. However, there may be some small aspects of the case that require legal expertise. For those issues you can us "Limited Scope Representation" as an affordable option that will allow you to get what legal expertise you may need without breaking the bank. If you decide to go this route you will need to set out the parameters of representation in a limited legal services contract. The best way to do that is to set an appointment to discuss what it is that you want and need and then sign a written document evidencing exactly what it is that will be expected from the attorney. Our office can help you with those details and enter our limited appearance in your case, if that is what is outlined in the agreement. If an Entry of Limited Appearance is filed in your case and once the work outlined in the limited scope representation agreement is completed a Termination of Limited Appearance will be filed with the Court and the attorney's work in the case will end. However, an attorney is not required to file an Entry of Limited Appearance in every case. Work can be completed without an attorney ever entering their appearance in your case. If you are interested in this type of representation, please give my office a call to set an appointment. Let my assistant know that your office visit is to discuss possible "Limited Scope Representation." The phone number for The Faulstich Law Firm is 314-260-7823. |
Posted on February 3, 2020 at 10:54 AM |
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We are in a digital age where everything is instantaneous, right? The best way to advertise is generally by making contact with people on their phones because our phones are always in our hands, right? The next best way is probably through television. However, the cost of this type of advertising is generally cost prohibitive for a small business. So, the next best way to advertise is through word of mouth from prior clients. Build your practice in such a way that client's will want you to succeed and will remember your name. Have those client's write reviews so that you can be found on google and on other sites. That is the best way to succeed as a small business. |
Posted on June 24, 2016 at 3:52 PM |
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In Divorce cases where children are involved it's sometimes
appropriate to ask for a Psychological Evaluation or a Child Custody
Evaluation. Generally these are not done in cases where children are not
involved. The reason for this is that generally there is a concern that a
parent may not have the psychological aptitude to nurture a child in a way that
is appropriate for the child. A generally conscientious parent without any
mental health history usually doesn't have to worry about this kind of testing.
If mental health has been an issue in the past though, the request for these
tests becomes more commonplace. A diagnosable mental health issue does not
preclude a parent necessarily from caring for a child however. Many parents who
suffer from depression or even bipolar or other mental illnesses can be fully
capable, affectionate parents and their custody rights absolutely do not need
to be curtailed in order to serve the best interests of the child. You will hear this phrase many times ("the best
interest of the child") because it is the standard by which the judge
ultimately rules on parenting issues. This is also the standard under which a
Guardian Ad Litem (an attorney appointed to represent the best interests of the
children) will make their recommendation, which holds a great deal of weight
with the court. In most of the cases you see where Psychological Evaluations or
Child Custody Evaluations are asked for, you will have a Guardian Ad Litem. The
issues and concerns that attend the appointment of a Guardian Ad Litem and
Psychological Evaluations or Child Custody Evaluations have a great deal of
overlap. Now, one thing to realize is that a Psychological Evaluation
and a Child Custody Evaluation are not the same. The children are not involved
in a Psychological Evaluation. The Psychological Evaluation is for the adults,
the parents. Generally, regardless of which parent is the parent of concern in
regards to mental health, both will be required to have a Psychological
Evaluation. There are exceptions to this rule, but not many. A Child Custody
Evaluation on the other hand can involve the children but many of the processes
are the same. It is less likely that a person would be diagnosed during a Child
Custody Evaluation than in a Psychological Evaluation however. Also, it is not
unusual to see both a Psychological Evaluation and a Child Custody Evaluation
to be ordered at the same time. Generally, parties consent to both have Psychological
Evaluations, but compelling a party to do so is also a possibility. If a party
can convince a judge that there is a good reason for the evaluation based on
past conduct, then the evaluation will be ordered and the other party will be
compelled to surrender to the evaluation. The reason most parties consent to
the evaluation however is to show that they have nothing to hide. Now if
neither party claims the other has any mental health issues, it is unlikely
that this would be ordered. The only situation in which this might happen is
when the Guardian Ad Litem has his or her own questions as to the state of the
parent's mental health and a Guardian Ad Litem is well within their power to
request this evaluation to be done. A judge will rarely say no to this
relatively neutral party. Lastly, one consideration about these types of evaluations
are the records that will be opened up and available for perusal of the
opposing party. Many judges will use the Guardian Ad Litem as a shield for the
full records involving a mental health history. The Guardian Ad Litem will have
access but no one else will until it becomes absolutely necessary, which in the
domestic field of law is usually right before a trial. An evaluator will
usually base their evaluation on whatever relevant materials they can find and
that most certainly includes prior medical records and history of mental
health. Therefore while the evaluation may be available as soon as it is
finished, the underlying documents that are a partial basis for that evaluation
may not be available until/if a trial marks the end of the case. In this way
the court attempts to protect litigants health information as much as possible,
but ultimately, once the evaluation is ordered, the opposing party can push the
case to Trial and expose these prior medical records. |
Posted on June 17, 2016 at 11:54 AM |
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In every Divorce where children are involved, a parenting
plan is required by the court. A parenting plan lays out the basic perimeters
of the custody of the child as well as the support of the child. Part A of the
Parenting Plan deals with the legal and physical custody of the child. Part B
deals with the monetary issues that arise when parenting a child (for instance
health insurance costs, extracurricular costs and child support itself).
Unfortunately, when Children are involved in a divorce, there's always a good
chance that you are going to have to go back to court some day to modify the
agreement that you have made in your initial divorce. Children's lives will
change and so will yours throughout the years. What may have worked before may
not work five or ten years down the road. For instance, when you have very small children, between the
ages of zero and five, the children are not in school yet. This makes for a
very different schedule than when the children are in school. Additionally,
smaller children need more frequent periods of visitation with both parents if
possible. Many publications on the early psychological development of children
back this up and the courts have taken notice. This is a well-accepted rule and
something that should be taken into account when the children are young. A week
on, week off schedule may work well for you but realistically children this
small shouldn't be away from the other parent for that long. It's well
established that this is an important bonding period that requires frequent
contact more so than later stages of a child's life. Also, day care needs will change. The older a child gets,
the less child care the child needs. Many parents decide that by the time a
child is high school age that he or she can watch him or herself completely.
Prior to that time, some after school care or before school care might be
required. And in the very early years, constant daily child care is usually
required until the child reaches school age. This matters a great deal because
depending on how the child care costs are calculated into the Parenting Plan Part
B and the Form 14 (the form that calculates child support numbers), this can
drastically change the amount of money one parent owes to the other for
support. And more importantly, this will affect the custody schedule as well. It is also not unusual for a parent to find a new job or
remarry and move. This can be tricky. Sometimes later in life it will become apparent
that a child has a special learning need and that needs to be accounted for as
well. So many things can change over time that will affect the plan that was
originally agreed upon. In general, your life will change. The younger your child
is, the more time there is for your life to change and for that to affect them—making it
imperative that a new order be written. I like to try to account for every
change I can at the time of the initial Dissolution or Paternity, but it's
difficult to anticipate the future perfectly and account for every twist and
turn. It's important that when things do inevitably change for you and your
family that the order is modified. It's best to do this before problems occur
and you and the other parent cannot agree on new terms that are appropriate for
the children. Many times, thousands of dollars can be saved by creating a
Consent Order while there is a high level of agreement about the change that
needs to be made. This can be done without litigation and I think that is
attractive to a lot of parents. There are enough stresses raising a child in
two separate households as it is. Planning is key to a less stressful and
successful division of the responsibilities of parenting of young children. |
Posted on June 10, 2016 at 3:58 PM |
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Mediation can be a good tool for certain sets of people in
family law cases. In some jurisdictions, a certain amount of mediation is
required before you delve too deeply into your court case. Mediation can help
facilitate settlement. However, if the two parties are too far apart or have
poor communication skills with each other, mediation can be an expensive detour
from the process. Some cases are made for mediation and some are not. A good
attorney can tell the difference. Some might be in a grey area. A good attorney
can tell you that as well. In my experience, a lot of people look to mediation
to keep costs down. Also in my experience, it rarely does that. If money is
truly an issue, I would probably suggest to a client that each party talk to an
attorney to see if this case is right for mediation. If both say yes, then try
mediation. In this way, you will only have a consult fee for an attorney (one
for you and one for spouse or ex-spouse in the case of modifications) and then
also pay a mediator for his or her time. On the other hand, without at least
doing a consult first, you may think your case is ripe for mediation and find
out that it is not and that you cannot come to an agreement. At that point, you
have to do everything you would have had to do in the court system and you've
already spent a great deal of money in mediation, perhaps as much or more than
you would have spent on a retainer. And
additionally, no progress has been made. A consult might also give you an idea
of the range of what you can reasonably expect if the case went to trial so you
know that you are not agreeing to a bad deal for yourself. |
Posted on May 12, 2016 at 4:57 PM |
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No. The courts will not work the court dates around your
schedule. One of the things I tell my clients to prepare for is losing vacation
days. You will have to take time off work. Your work likely doesn't have
vacation days for this particular purpose. There are a few that do, but most do
not. If you schedule a vacation, get insurance on it so that you can move your
dates around. Also, it is probably best not to take a vacation if you can. If
you have limited days off, don't make it so that you have to take unpaid days
or so that potentially you could get fired. The judge will see this as poor
planning and will not, no matter how much you want it to, change maintenance or
child support figures. There really is extremely low tolerance for this. Additionally,
not showing up is not a good idea. You are required to be in court for the
dates that are scheduled for your case. If you have an attorney, it is possible
that they may be able to figure out a way to do some of the less important
proceedings by phone with you but you need to have a very good reason for it.
Some attorneys tell their clients they better have a coroner's note if they
don't show up. I won't go that far, but you better have a doctor's note saying
you are extremely unwell. If your car
breaks down, you should have repair documentation for the day of the court
date. Keep in mind, a big part of the judge's job is separating liars from
truth tellers. They are good at it. For that matter so are attorneys. This is an extremely serious proceeding and the courts are
extremely strict about attendance. This takes precedence over most things. If you are preparing for a divorce or a
modification, build up as many vacation days as you can. If you went through a
divorce with children or modifiable maintenance, it is never a bad idea to keep
more vacation days than you plan to need just in case going back to court
becomes necessary. |