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Family Law

Wednesday, June 27, 2018

Mediation: Is It Right For You?

Mediation is one form of alternative dispute resolution (ADR) that allows parties to seek a remedy for their conflict without a court trial. Parties work with a mediator, who is a neutral third party. Usually, mediators have received some training in negotiation or their professional background provides that practical experience.


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Monday, November 13, 2017

Stepparent Adoptions

Stepparent adoption is the most common form of adoption in the United States. Once the adoption is finalized, the stepparent assumes full financial and legal responsibility for his or her spouse’s child and the non-custodial parent’s rights and responsibilities are terminated.  

Stepparent adoptions are handled according to state law, which can vary across jurisdictions. For example, some states do not require a home study in cases of stepparent adoption. Most states require that the biological parent and stepparent be married for a specified length of time before an adoption may be finalized. Fortunately for blended families, most states make the adoption process easier for stepchildren to be adopted by their stepparents.

Stepparent adoptions require the consent of both of the child’s birth parents, but the process is handled differently in various states. In some states, the non-custodial parent must file papers with the court or appear before a judge, while a simple written statement is sufficient in other jurisdictions. Some states require the non-custodial parent to seek counseling or speak to a lawyer in order to give valid consent.

The consent requirement is not absolute and in fact, consent may not be required in certain situations. In some states, a stepparent adoption may be finalized even if the child’s biological, non-custodial parent contests the adoption, such as when the non-custodial parent has not contacted the child for a specified period of time. If you are having difficulty obtaining consent, you should speak with an attorney. If you cannot afford an attorney, you may be eligible for free legal aid or the court may appoint a guardian ad litem to represent your child.
 


Friday, November 3, 2017

Top Ten Child Support Myths

Child support disputes can bring out the worst in many parents, conjuring images of greedy ex-spouses and children who are used as pawns in games of parental posturing and revenge. While there may be a certain degree of truth to some of the stereotypes, there are many myths that are prevalent in the context of children and divorce.


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Monday, September 25, 2017

Know the Risks of “D-I-Y” Divorce

“Do it yourself” divorce is fraught with risks – even if your case is “simple” and both parties agree on all issues regarding division of property, support, and child custody and visitation. As many have learned the hard way, it is all too easy to make critical missteps today that will come back to haunt you down the road.

The proliferation of DIY websites and non-attorney legal document preparers give the impression that the process is simpler than it is. These services can help you deal with the court forms required to dissolve a marriage, including financial disclosures, motions, hearing notices and child support paperwork. It’s tempting to save money by using one of these services to prepare and file your divorce forms without using a lawyer.


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Tuesday, August 15, 2017

Don’t Let Your Social Networking Activities Undermine Your Divorce Negotiations

According to the American Academy of Matrimonial Lawyers, in the past five years 81% of its members have represented clients in cases involving evidence from social networking sites, such as Facebook, MySpace, Twitter, YouTube and LinkedIn. Posted pictures and comments can make the job all-too-easy for your former spouse’s attorney to attack your credibility and ensure you do not receive the relief that you are requesting from the court.


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Monday, June 19, 2017

Uncovering Hidden Assets in a Divorce

Going through a divorce can be a difficult process, especially when the proceedings become contentious. In fact disputes about spousal support and child support often arise, and it is not uncommon for one or both spouses to attempt to conceal their assets from each other and the court. While this is illegal, it happens more than many realize.

If you believe your spouse is hiding assets, there are number of steps you should take. First, since many financial transactions are conducted over the internet, viewing a web browser on a computer or smart phone can reveal vital information about sites that were visited. In particular money being transferred out of and into accounts is a telltale sign that someone is hiding assets.

In addition, social media may also offers clues that a spouse has money her or she claims not to have to pay spousal support or child support. Are there comments or pictures posted about purchasing a luxury item or taking an expensive vacation? If so, this is valuable evidence that an attorney can use at trial.

Many individuals may not be aware that retirement accounts such as 401(k)s and pensions are considered to be marital property that will be divided in a divorce. If your spouse claims not to have a retirement account, a quick check of the company's website can reveal whether these benefits are offered to employees.

In some cases, it may be necessary to hire a forensic accountant in order to uncover hidden assets such as investments, saving accounts off shore accounts or to track transfers of large sums of money.  In addition, tax returns can be examined to determine if there is income, interest, and dividends that a divorcing spouse may be trying to hide.

Ultimately, if you suspect that your spouse is hiding assets, it is best to speak to an experienced attorney who can take the appropriate legal measures to uncover any assets and present this evidence to the court.

 


Monday, March 20, 2017

Wrongful Birth and Wrongful Life

Children who are born with significant disabilities or birth defects often experience pain and suffering, and caring for them can be an emotional and financial burden for the parents. Today, medical advances allow medical professionals to conduct genetic tests on parents to determine if they are carrying certain genes as well as prenatal tests to determine if those genes have been passed on to the unborn child.

Wrongful Birth

When a serious condition is identified, the parents have the option to terminate the pregnancy. If a medical processional fails to properly diagnose a child or provide reasonable genetic counseling about the risks of a birth defect to the parents, they may be able to pursue a wrongful birth lawsuit. In order to have grounds for a lawsuit, the parents must show that they would have terminated the pregnancy or would have elected not to conceive had they known of the potential risk.

In a successful wrongful birth claim the parents may be awarded damages that are directly related to the birth defects, such as the cost of caring for the child. Although wrongful birth is a valid claim is some states, it is not recognized by all.

Wrongful Life

A wrongful life suit can also be filed by a child who has suffered with severe birth defects due to a negligent diagnosis.Elements similar to those for wrongful birth need to be proven in a wrongful life claim, but many states do not recognize these claims.  Moreover, courts have been hesitant to award damages in these cases due the complexities associated with determining an appropriate amount of compensation.

Ultimately, wrongful birth and wrongful life claims involve complex legal and ethical issues, and pursuing these claims can be an emotional burden for the parents. If you are struggling to care for a child with special needs, an experienced personal injury attorney can help determine whether you have a valid claim.

 


Sunday, January 15, 2017

How to Enforce a Child Support Order


As many can attest, going through a divorce can be a difficult experience and the process can become contentious. Even after the spouses reach a settlement, conflict may continue to arise, particularly when a parent fails to make the required child support payments. In these cases, it may be necessary to take legal action to


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Monday, February 16, 2015

Adopting Internationally? Immigration Issues to Consider

Adopting a child from a foreign country can be an incredible experience for both the parent and the child but it is not an easy process.  Even after the exhausting process of finding the right child, the adopting parents must work with officials from the U.S. Citizenship and Immigration Services Department in order to bring the child home to the U.S.

There are three different ways for U.S. citizens to adopt a child internationally. They are Hague, Orphan (Non-Hague) and adopting an immediate relative. The Hague process applies to children who are in countries that are a party to the Hague Intercountry Adoption Convention. The Orphan process applies to children who are in countries that are not a party to the Hague Convention.

In Hague adoptions, parents will typically choose an Adoption Service Provider that is Hague Accredited. An Adoption Service Provider will assist the parents with the adoption. Parents will next complete a home study from an authorized provider. Before adopting a child, parents need to apply to U.S. Citizenship and Immigration Services (USCIS). Once USCIS approves the application, parents will work with an Adoption Service Provider to get a placement. Once a placement is found, the parents will file a petition with USCIS, and will then adopt the child. Upon adoption, the parents will obtain an immigrant visa for the child, and will transport the child to the U.S.

Non-Hague adoptions, or Orphan adoptions, apply to foreign-born children who either don’t have any parents, or have one parent who’s unable to care for the child and signed a document to that effect. As part of the case, the USCIS will investigate to verify that particular child is an orphan before allowing the adoption. Much of the rest of the adoption is similar to a Hague adoption – the adopting parents will need a home study and a visa for the adoptive child.


Thursday, October 30, 2014

When will I receive my inheritance?

If you’ve been named a beneficiary in a loved one’s estate plan, you’ve likely wondered how long it will take to receive your share of the inheritance after his or her passing.  Unfortunately, there’s no hard or and fast rule that allows an estate planning attorney to answer this question. The length of time it takes to distribute assets in an estate can vary widely depending upon the particular situation.

Some of the factors that will be involved in determining how long it takes to fully administer an estate include whether the estate must be probated with the court, whether assets are difficult to value, whether the decedent had an ownership interest in real estate located in a state other than the state they resided in, whether your state has a state estate (or inheritance) tax, whether the estate must file a federal estate tax return, whether there are a number of creditors that must be dealt with, and of course, whether there are any disputes about the will or trust and if there may be disagreements among the beneficiaries about how things are being handled by the executor or trustee.

Before the distribution of assets to beneficiaries, the executor and trustee must also make certain to identify any creditors because they have an obligation to pay any legally enforceable debts of the decedent with those assets. If there must be a court filed probate action there may be certain waiting periods, or creditor periods, prescribed by state law that may delay things as well and which are out of the control of the executor of the estate.

In some cases, the executor or trustee may make a partial distribution to the beneficiaries during the pending administration but still hold back sufficient assets to cover any income or estate taxes and other administrative fees. That way the beneficiaries can get some benefit but the executor is assured there are assets still in his or her control to pay those final taxes and expenses. Then, once those are fully paid, a final distribution can be made. It is not unusual for the entire process to take 9 months to 18 months (sometime more) to fully complete.

If you’ve been named a beneficiary and are dealing with a trustee or executor who is not properly handling the estate and you have yet to receive your inheritance, you should contact a qualified estate planning attorney for knowledgeable legal counsel.


Tuesday, September 30, 2014

Protecting the Rights of Parents with Disabilities

The Americans with Disabilities Act (ADA), signed into law in 1990, recognized the civil rights of a large class of citizens with physical and mental disabilities by making it illegal to discriminate against them in employment, transportation or public services and accommodations. Since its enactment, much progress has been made, enabling people with disabilities to obtain an education, pursue a career, live independent lives and fulfill their dreams. 

Despite this progress, people with disabilities who have children are more likely to have their parental rights terminated or lose custody after a divorce. 

Discrimination in the Courts

These discriminatory actions are often justified on the grounds that the courts are protecting the best interests of the child, but there is little research to support the assumption that someone who is disabled is incapable of being a good parent. In fact, according to advocacy groups there are likely more than 4 million parents with physical disabilities currently raising children. 

Most family courts work diligently to provide services and support to ensure that children maintain contact with their parents whenever possible. This is not always the case when disability is involved. There have been cases where disabled parents have not been allowed to bring their newborns home and the state subsequently filed to have their parental rights revoked, even in the absence of evidence of abuse or maltreatment. The presumption is that the disability endangers the welfare of the child. Currently, two thirds of the states have laws permitting the removal of children based on the disabled status of the parent.

Disadvantage in Custody Cases

Parents with disabilities are also at a disadvantage in custody cases, particularly if the ex-spouse does not have a disability. Competent parents with special disabilities require knowledgeable advocates who can demonstrate that they are able to effectively carry out their parenting duties in their own adaptive ways.

Fighting Discriminatory Practices

Advocates for the legal rights of parents with disabilities are waiting for a landmark trial that halts the discrimination suffered by parents with disabilities and protects their rights to have and raise children. While everyone agrees that children should not be exposed to a hazardous environment, decisions to remove children from homes where a parent is deaf or has a low IQ are often made by individuals who fail to grasp the remarkable capabilities of such parents despite their significant handicaps. More education on disability issues is needed at all levels of the child welfare and family court systems. At the same time, parents with disabilities must have better access to fair legal representation and support services. 


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