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Family Law

Friday, October 12, 2018

Preparing for Your Child Custody Case

Your child is often the most important aspect of your life. That is why your child custody case is so critical. Your child custody hearing can determine how your child will be cared for and raised for years to come. It should not be taken lightly.

You know that you need to be prepared for your case, but you may be unsure what specific steps you should take to be as ready as you can be. Your family law attorney will be able to provide particular guidance for your unique set of circumstances. However, you can also use these general guidelines to point you in the right direction.


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Monday, September 17, 2018

What is Common Law Marriage?

Common law marriage has existed since, at least, 1877. While many states no longer recognize it, some states do, if you meet specific qualifications. The concept can be useful in some situations, particularly as it relates to making healthcare decisions or inheritance.

Requirements for Common Law Marriage

It is a common misconception that if you and your partner live together for seven years, then you are automatically considered common law married. The truth is that common law marriage requires a few more steps than merely living together. The requirements for common law marriage in most states are set out below.


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Wednesday, July 25, 2018

Adopting a Grown-Up: Top Three Reasons for Adult Adoption

While the vast majority of adoptions involve adults adopting children, all states have laws that permit “adult adoption,” in which a person 18 or older is adopted by another adult as mutually agreed by the parties. Some states may restrict adult adoptions to cases where the person being adopted is of diminished capacity. If the person being adopted is married, some states require the spouse to consent. Other states simply require the two adults to consent to the adoption.


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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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