Legal Residency Change in the Military

I am a in the military. My current residency is Louisiana. I would like to change my residency to Florida. What are the requirements to make this change? Also, I will be going to a 3 month school in Florida in conjunction with PCS orders to Puerto Rico. Would this help me?

Answer: to acquire a domicile of choice in a new place two things must happen:

(a) you must be in the state and

(b) while you are there and before you leave, you must intend to make it your permanent home.

Those two requirements are all that's necessary. You don't have to buy property in the new state, open a bank account there, vote, get a driver's license, file a legal notice in the paper, or anything else. Physical presence, combined simultaneously with the appropriate mental intent, is all that's required.

So your time in Florida will satisfy the presence requirement.

Unfortunately, proving mental intent can be difficult sometimes.

So to prove that you really did intend to make the new state your domicile, it might be a good idea to do some or all of the things mentioned below, with the understanding that those actions are not what make you a legal resident; rather they are simply evidence that you did intend to make the state your SLR.

You do not need to live in the state for any length of time, own a home in the state, or to have an address in the state to be domiciled in it. You only need to be physically present in the state at the time you decide to make it your permanent home. You could for example, drive through the state and be so struck by its beauty that you immediately adopt it as your permanent home, but if you do not have feelings about it before you drive out of it, your domicile has not changed.

Domicile is primarily a state of mind that a certain place is your permanent home.

It is a mental attachment that you carry around with you. Once you acquire a domicile it remains your domicile, even though you leave it, unless your state of mind changes while you are in another place.

If you change your state of domicile, you may have to prove it. You might, for example, have decided to stop paying state income taxes because you changed your domicile to a state with no income tax. Your old domicile, the state losing tax revenue, may question that change. Or your spouse, for example, might sue for divorce in your former domicile, and you might not like the divorce laws there. If you can prove your domicile changed, you might be able to get the case dismissed. In the case of taxes, if you cannot prove your domicile changed, you could end up owing taxes to two or more states, and require that a court decide the matter.

The best evidence of your state of mind is the contacts that other people can see you have with a specific state. For the kinds of actions to help prove your state of domicile see the list below. You may not prove successfully that your domicile has changed unless your show contacts beyond just the benefit of the legal consequences that a change of domicile would give you. You should have all your contacts with the one state you call your permanent home. If you have contacts with multiple states, it may be difficult or impossible to prove your domicile.

Actions to show intent:

1. Expressed intent, oral or written and physical presence, past and present (including duration) [Prerequisite to establishing domicile].

2. Voter registration [Important Factor]

3. Vehicle registration as a resident vice non-residence military [Important factor, but you have a choice.]

4. Motor vehicle operator's permit [Important Factor]

5. Location of bank and investment accounts.

6. Explanations for temporary changes in residence.

7. Submission of DD Form 2058 (Change of domicile form).

8. Payment of taxes - income and personal property [Important Factor]

9. Payment of nonresident tuition to institutions of higher education

10. Declarations of residence on legal documents such as wills, deeds, mortgages, leases, contracts, insurance policies, and hospital records. [Important factor]

11. Declarations of domicile in affidavits or litigation[Important Factor]

12. Residence of immediate family.

13. Membership in church, civil, professional, service or fraternal organizations.

14. Ownership of burial plots.

15. Place of burial of immediate family members.

16. Location of donees of charitable contributions.

17. Location of schools attended by children.

18. Ownership of real property. [Important factor. However, ownership of property in another state will not disqualify.]

19. Home of record at the time of entering service.

20. Place of marriage.

21. Spouse's domicile.

22. Place of birth.

23. Business interests.

24. Sources of income.

25. Outside employment.

26. Address provided on federal income tax return.

Generally, unless you have taken at least some of these steps, it is doubtful that you're State of legal residence/ domicile has changed. Failure to resolve any doubts as to your State of legal residence/domicile may adversely impact on certain legal privileges which depend on legal residence/ domicile including among others, eligibility for resident tuition rates at State universities, eligibility to vote or be a candidate for public office, and eligibility for various welfare benefits. If you have any doubt with regard to your State of legal residence/domicile, you should see your Legal Assistance attorney for legal advice before deciding to change your domicile.

Education through Distance Learning

Education is always beneficial and continuing it after joining job is an added advantage. But continuing education through traditional campus method can be a really difficult task because you will have to attend regular classes which would be impossible when you are working. This is where Distance Learning MBA comes into picture. These courses are largely promoted these days because they are really advantageous.

Distance Learning MBA provides you the benefit of continuing education without attending regular classes. Such courses provide flexibility in time, pace and location which means you can continue with your education at any time, at your own pace and at the convenience of your home. An MBA degree on your resume will prove to be an added advantage on your resume and your salary will rise like a skyrocket.

There are institutions which do not have any building, they just have business offices and classes, lectures and other activities are completely online.

People who are not much aware of distance courses may wonder whether these courses are legal, and the answer to their doubt is that there is no need to worry the institutions providing such courses are also accredited like the traditional colleges and universities.

Distance Learning MBA programs provide education in two ways: 1) scheduled classes, and 2) learn-as-you-go. In scheduled classes method you meet online through chatroom, newsgroup or online messaging services on a specified day at a particular time. This method allows interacting with the teacher and other students and thus, providing a traditional classroom feeling. In learn-as-you-go method provides the freedom and convenience of studying according to your schedule. Now you have to decide which method is best for you.

Everyone in the world has the right to gain education but due to some constraints many people have to quit education and enter a job. But now with the rising popularity of internet gaining education through Distance Learning Courses have become easy. The world-wide-web allows people to gain education through a new and very successful method and get their degree. The most important advantage of Distance Learning Courses is that it allows you to get your degree by taking classes at a time which is most convenient to you. It is a well known fact that higher the qualification the better is the opportunities along with high salary. Education through Distance Learning Courses while working provide an added benefit as the working experience provides the practical knowledge and the course provides the theoretical knowledge which you can apply practically.

Honestly, it is really impossible to leave job and go for regular classes to get a degree. However, in order to get promotions and experience growth in career it is really important to advance yourself. Earlier it was difficult but with distance learning courses it has really become easy to complete your education and reach the point where you want to go.

Distance Learning MBA and Distance Learning Courses are now being recognized widely because of its advantages over traditional method of education.

Paralegal Schools To Expand The Legal Community

If one is not intellectually endowed or possesses financial sustenance to pursue formal training as a lawyer, it may be a good idea to consider enrolling oneself in one of the many paralegal schools available.  A closed door pushes one to look for an open window.

 

In case no such schools are nearby, community colleges and vocational schools within the neighborhood may offer equivalent courses.  If easy access or budget poses a challenge, the internet proves once and again as the perfect hunting ground.  To avoid one becoming a target of scams, do check for reputable institutions with accreditation from educational authorities.

 

As compared to a full fledged legal education, duration spent to obtain and complete training is significantly shorter.  Easier entry requirements spell a higher rate of enrolment as there is normally no entrance examination to qualify oneself.  Fees charged by paralegal schools also leave one with less of a financial burden as many lawyers suffer the fate of hefty debts.

 

Upon graduation, individuals carry with them a range of qualifications into employment.  Depending on the type of enrolled program, they start from a certificate to a bachelor's as well as master's degree in this subject of study.  Engaging in an internship program is certainly a worthwhile effort as students gain practical experience.  Based on joint efforts with local establishments, some schools practice a job placement program which then assures the graduate of work post completion.

 

Although it is optimal to have the basic paper at hand, some employers are willing to hire an employee without qualification.  He or she is then trained on the job.  Despite legal education minus a school fee, remuneration tends to be the lowest on the income ladder with opportunities for advancement few and rare.  As such, attending one of the many paralegal schools to obtain the humble certificate is probably a better option.

 

Legal Custody And Your Child's Welfare

If you are involved a kid custody case, you ought to create sure that you perceive the legal terminology. There are 2 basic sorts of custody: "physical custody" determines where your child can live -- with you, together with your ex-spouse or ex-partner, or with some third party. Physically custody also, necessarily, determines who will play the greater role in establishing your kid's day-to-day routines. "Legal custody," on the opposite hand, determines who can be accountable for decisionmaking in broader areas concerning your child's welfare.

Different U.S. states lay stress in different areas, but, broadly, there are four aspects of your child's welfare that become the responsibility of the party winning legal custody. The primary of those is medical and dental care. The party with legal custody determines where and the way typically your child goes for routine physical and dental exams, what medications your kid ought to take, how your child should be treated for ailments or diseases, and what steps ought to be taken in emergencies or different unanticipated circumstances. Sometimes, problems arise over medication. If you've got both physical and legal custody of your child, and your child is on medication, you must ensure that your ex complies with administering the medication throughout times when she or he takes your kid for a protracted weekend per the visitation schedule. If you have got reason to believe that your ex will not comply, whether or not from negligence or disagreement about the medication, then you may have a case to vary the visitation schedule.

The second broad space lined by legal custody is education: where your kid will attend faculty, whether or not your kid ought to be enrolled in any special teaching programs, managing any faculty-related problems your child may have, and also the like. The school will assume that each parents, even if separated or divorced, have equal rights to form decisions concerning enrollment in special education, unless the custody agreement specifically determines that one parent has sole legal custody and sole decisionmaking power over school matters. Even during this case, each parents have the correct to grasp regarding a kid's special education program and to sit in on conferences between parents and educators; colleges will routinely give copies of a child's school records to either parent. Before the school will withhold records from a parent, the custody agreement must specify that the parent NOT having legal custody additionally not be permitted access to highschool records.

The third area coated by legal custody involves non secular upbringing; legally, this area is maybe the trickiest of all, particularly if the separating parents follow completely different spiritual faiths. In all custody cases, the court must base its call on what is in the most effective interests of the child. But, the First Change guarantees the free exercise of faith to any or all Americans. Therefore if the parent not having physical custody of the kid -- the noncustodial parent -- complains to the court that the custodial parent's non secular activities are not in the best interest of the child, the court should then decide whether to encroach on the custodial parent's Initial Change rights. Typically, a court can dismiss a criticism as frivolous, however in other cases -- whether or not a twelve-year-recent boy should be circumcised, for example -- there may be substantial arguments on both sides. Relying on the age and maturity of the child, a court may well take the kid's own wishes into account, and therefore the age of twelve has been used as a threshold point for seeking a child's own testimony.

Finally, legal custody grants the proper to create selections concerning a kid's extracurricular activities; it could be troublesome to pin down a precise legal definition of this term, however it's typically understood to mean any optional activities outside a kid's established curriculum. There will be ambiguity. Both a routine overnight sleepover at a neighbor's house and a six-week stint at a rugged deep-woods summer camp will be considered "extracurricular activities," however only the latter ought to be a matter of real concern to a noncustodial parent. If you've got neither physical nor legal custody of your kid however hear through the grapevine that your ex has enrolled your sixteen-year-recent in an activity that you think about dangerous, you can petition the court, arguing that the activity isn't in your kid's best interest. If you have got any doubts beforehand, try to spell them out as exactly as attainable within the custody agreement.

Courts these days are a lot of and a lot of granting joint legal custody, even if only one parent has physical custody. From the start, then, each folks will continue to own equal input into decisionmaking about their child's welfare, and these joint legal custody arrangements tend to work best.