Family Law Articles
Articles written by attorneys and experts worldwide discussing legal aspects related to Family Law.
April 16, 2014 By Atticus Legal Group, LLC
The hardest thing to face as a single parent in Utah are the intense emotions associated with being both a mother and a father to a child. This is further magnified when the other parent is absent or is deliberately not doing anything to fulfill his/her part in the caring for the children. More often than not, the single parent’s psychological well being bogs down.
April 14, 2014 By Law Offices of Andrew M. Weisberg
Until now, the term “domestic violence” has been used extensively to describe abuse that happens between the two members of a relationship, be it spouses, same sex couples, roommates, or family members.
April 11, 2014 By Irfan Mir Halepota & Associates
Talaq is the Islamic term for divorce. A talaq is used to end a contract of marriage the nikah, under the terms of Islamic sharia. It should be noted that Talaq is a right given by a Husband and Wife can only exercise the right of Talaq if the same is granted to her in her Nikkahnama (Marriage Contract). If the Husband gives Talaq he must also tender Haq Meher to his Wife, whereas if the Wife exercises her right of Talaq then she must relinquish her right to Haq Meher.
Being in the military has its fair share of drawbacks. Military personnel are well aware of the fact that being in the military and serving their country comes with the possibility of being away from home for months, if not years, at a time. During times of war, men and women are gone for even longer.
Often times, custodial parents might agree that someone who doesn’t pay child support should be forced to deal with the potential consequences. For example, many people feel that any father who flees the country to avoid having to pay child support should wind up spending time behind bars. Sending the individual to jail might not be the smartest move for the family, which is the case in one situation recently.
When it comes to getting a divorce, money always comes into play when dealing with alimony, assets and especially child support. Many people are taking the necessary steps to prepare for their future in the event of a divorce.
Litigating a divorce may always be an option for Florida couples, but it isn't the only option. For couples that want an alternative, there is divorce mediation or collaborative law. It isn't always necessary to make ending a marriage an adversarial process. Sometimes, couples end up better of handling matters outside the courtroom.
Any divorce or child custody case can be difficult. Once parental responsibility is established, having a chance to spend time with the minor children is important. Nothing can replace having a presence in the growth and development of a child’s life.
Divorces can be very complex, especially when there are major financial obligations, property and debts to divide. The situation can get very messy when there is a huge financial loss at stake for one or both parties. One of the biggest myths about getting divorced is that you can pass on your debt to the other party. This is simply not true. Without question, you can divorce your spouse, but what happens to those debts that you incurred while married?
April 2, 2014 By Stange Law Firm, PC
The decision on when to settle a family law case is a difficult one. This article suggests that the time in most circumstances to settle is when a settlement offer is within the margin of error.
March 27, 2014 By Stange Law Firm, PC
This article talks about an important U.S. Supreme Court decision issued in the case of U.S. v. Castleman, 12-1371. This was a unanimous opinion dealing with the ability of an individual convicted of domestic violence to possess a firearm.
March 27, 2014 By Godbey & Associates
There are many questions you need to ask yourself before making the life-changing decision to adopt a child.
March 27, 2014 By Kydalov & Partners
Another, as we may say, and at least an adult step in the life of almost every person is marriage. As they say, love knows no age boundaries and don't see boundaries. The lack of "boundaries" in the modern world helps to promote international marriages.
March 3, 2014 By Kitchens New Cleghorn, LLC
Dads can end up dealing with the worst of the consequences after a divorce. Seeking the most knowledgeable Atlanta divorce lawyer to handle your case isn't just something we suggest you do - it is a necessity when planning a successful divorce.
February 24, 2014 By The Evans Law Firm
The cycle of violence is hard to break. Problems can occur when a child that was abused becomes the caregiver for the parent that did the abusing. Elder abuse can be the result when a child that was abused is forced to take care of a parent later in life.
When Florida parents of asthmatic children are going through a dissolution of their marriage the circuit courts must approve a parenting plan which provides for emergency medical care and medical decision making as it relates to the minor asthmatic child.
No conscientious parent would allow their special needs child with Attention Deficit Hyperactive Disorder( ADHD) to be abused in a Florida dissolution of marriage case paternity case or complex custody matter. If you have a sense that your special needs child with Attention Deficit Hyperactive Disorder (ADHD) is the subject of abuse then you must address that issue with your Florida family lawyer.
Post-Dissolution of Marriage Considerations for Special Needs Children Subject to Parenting Plan Litigation
In order to properly address the issues that will be facing parents of special needs children following the dissolution of a Fort Lauderdale Florida marriage it is imperative that the litigating parties either employ a Broward County special needs divorce attorney or make their Fort Lauderdale dissolution of marriage attorney aware of those certain and uniquely specific realities that effect their child and impair their ability to parent, support and time share for that child.
February 18, 2014 By Kydalov & Partners
International marriages have become very often in modern society. The informational era of development presupposes the process of fast globalization and destroying all the borders between countries and peoples of the world. Ukraine is not an exception: Ukrainian women create families with the men from the Western Europe and the USA. Quite often, these marriages make the spouses happy.
February 17, 2014 By The Evans Law Firm
Six California residents have been arrested for scams that targeted senior citizens. The suspects were arrested in southern California.
February 15, 2014 By Prudential Middle East
A series of federal and local laws were developed with the purpose of regulating relations and ensuring the stability of transactions and the safety of society.
February 11, 2014 By The Law Office of Kimberly Diego
Someone who drinks excessively and then commits a domestic violent crime probably isn’t thinking about the legal consequences of their actions.
February 10, 2014 By The Evans Law Firm
Long -term care advocates and officials disagreed at a recent Assembly hearing.
February 7, 2014 By The Law Office of Kimberly Diego
Everyone knows that domestic violence is a significant problem in our country, mainly for women. Things have slowly been getting better in recent years due to changes in the law and raising awareness about the issue, but there’s a long way to go, and part of the conversation needs to involve the effectiveness of the methods we use to punish offenders.
February 4, 2014 By Kalish Law Texas
It is common knowledge that divorces can be adversarial, and can include hotly contested and expensive court hearings. Most people also know that parties can make an agreement between themselves with or without a mediator's involvement. What a lot of people Don't know is that there is a third option...
February 4, 2014 By Lawlor Winston White & Murphey
As with California State Route 138, the major problem with U.S. 431 in Alabama is that it consisted mostly of two narrow lanes until 2010 and had dense traffic. The good news is that the highway was expanded to four lanes from Phenix City to Dothan.
February 3, 2014 By The Evans Law Firm
A Los Angeles County assisted living facility has been ordered by a judge to pay a woman who was injured by a fall.
January 31, 2014 By Law Offices of Giannakopoulou & Associates
Greece becomes the 16th EU member state adopting regulation 1259/2010 (Rome III) in regards to divorce proceedings.
January 29, 2014 By Larsen Larsen Nash & Larsen, Attorneys at Law
In the heat of a domestic argument or in an effort to gain advantage in divorce, one party may call the police to falsely accuse another of domestic violence.
January 27, 2014 By Skupin Law Group, PLLC
In many alimony and child support cases, the spouse required to pay support is either neglectful or purposefully opposed to paying.
January 27, 2014 By The Evans Law Firm
In California, senior citizens have been a target for con-artists and scammers. A recent scam has affected seniors in the state and officials want the public to be aware of the scam. This scam has been called the "free inspection scam."
December 21, 2013 By HG.org
More and more Americans are turning to in vitro fertilization as a means of conceiving. Sometimes the sperm donor for these procedures is known, sometimes he is not. In either instance, what are the possible legal issues related to both the mother and biological father as the sperm donor?
December 21, 2013 By HG.org
In 2004, a Harvard University study found that of 168 countries surveyed, 163 had some form of government mandated maternity leave pay. The United States was not one of them. As a result, millions of American women suffer crippling economic hardships when they must take time off to give birth, and then are forced to return to work prematurely or go without income. Enter the FAMILY Act.
December 14, 2013 By HG.org
Over the last few years there have been a number of television shows regarding the polygamist lifestyle. This has led some to wonder whether polygamy may be legal anywhere in the U.S. It also raises questions about why bigamy is outlawed and whether this is a trend that may be changing.
December 13, 2013 By HG.org
As the Internet makes the world a smaller and smaller place, unusual new ways of meeting people have become increasingly popular. While personal ads placed in the newspaper used to be a somewhat embarrassing way of meeting someone, the explosion of the Internet made online dating sites almost the norm for arranging romantic encounters. Similarly, the Internet has also opened the doors to international romance in the form of “mail order bride” services. But what laws affect mail order brides?
December 13, 2013 By HG.org
Often, when considering marriage couples are thinking only about love and romance, not the more practical concerns like how one spouse's debts might affect the other after they are married. So, the question often arises “can I be held liable for my spouse's debts?”
December 10, 2013 By Syutkin and Partners
Marriage between a man and a woman from different countries is no longer a novelty. Such unions are sometimes even very successful if families live in perfect harmony entire life and enjoyed every minute being together.
December 6, 2013 By Randi Susan Klein, Attorney at Law
The shorthand answer to that question is that the prior court order for child support is automatically extinguished. That is what the 4th circuit of the California appellate court recently held in the 2012 case of In re Marriage of Wilson & Bodine (2012) 207 Cal. App. 4th. 768.
December 4, 2013 By Kalish Law Texas
Persons who are married have certain legal rights and protections that they don't even think about. However, there are other couples who have long-term, committed relationships who have things a bit more difficult. This article will show the issues that should be considered by persons who are involved in a non-ceremonial marriage in Texas, and how to prevent a problem.
December 4, 2013 By HG.org
Recently, I was approached by someone asking me about a situation that occurs all too often. Her grandmother's estate had been bled dry by someone who was supposed to be taking care of her. My friend wanted to know what the legal rights and responsibilities of the parties were in this situation and what could be done about it.
December 3, 2013 By HG.org
It is not uncommon, particularly around the holidays, for children to visit family members in other states. Sometimes this means taking a flight. But, for many families, it is just not financially feasible for a parent to accompany the child on the flight. So, what are the laws and rules regarding when children can fly alone?
December 1, 2013 By HG.org
It is a nightmare scenario that occurs all too often: after a breakup or divorce, your ex picks up your kids when they are not supposed to or disappears with them after a visitation. Sometimes this is done to hurt the other parent, sometimes it is done out of a sincere desire to spend time with the child(ren). Whatever the case, the effect is the same: terror, confusion, concern, and often a nagging question about what one should do. So, what do you do when your ex kidnaps your kids?
November 18, 2013 By The Evans Law Firm
California recently passed legislation that will help LGBT elders to receive respectful care in their twilight years.
November 17, 2013 By HG.org
There are thousands of people who would love the opportunity to have a child of their own but, for whatever reason, are not able to do so. Many of these parents turn to adoption, but some would still like to have a child that is biologically their own. For these parents, surrogacy can sometimes be an option. But what are the laws related to surrogacy? How does the process work? What does one need to think about when considering using a surrogate?
In relation to Family law, the only use of mediation is through the Family Guidance Committee, the commencement of most family cases must be referred here. The committee is made up of a number of counselors with mediation/ counseling training.
Post divorce, if the custodian of the child is other than the child’s mother, he or she must obtain the written agreement from the guardian before taking the child out of the UAE. If such permission is withheld by the guardian, the custodian may obtain permission for the child’s travel from a judge (Article 149 Personal Status Law).
Parents do not share equal parental responsibility for the child. Following a divorce, the mother will become the ‘custodian’ of young children, and the father the ‘guardian’. The custodian is obligated to care for the child, meet the child’s day to day needs and have the child live within their home.
Under s.235 of the Civil Code, foreign orders may be enforced in the UAE by applying the laws of the foreign country within the local courts.
November 8, 2013 By The Evans Law Firm
A San Francisco attorney allegedly committed financial elder abuse when he defrauded an elderly doctor. The defendant in the case has been disbarred for his actions.
November 6, 2013 By Joseph W. Segraves, Attorney at Law
Divorce in Georgia is often though of by the public and by attorneys as being either “contested” or “uncontested”. The distinction being whether or not both of the parties have agreed to the dissolution of the marriage. This determines how the divorce proceedings will processed. Where the parties can agree to resolve their differences, the case can be handled on an uncontested basis. The legal proceedings will be simpler and less stressful. Attorney fees will be substantially lower.
November 4, 2013 By The Evans Law Firm
Senior citizens across the nation are being taken advantage of. Physical elder abuse and financial elder abuse have become commonplace.
November 3, 2013 By HG.org
Child abuse and neglect are ugly realities. Turning a blind eye to the act can doom a child to serious injury, emotional trauma, or even death. Children are the victims least able to stand up for themselves since they depend entirely upon their parents for food, care, and legal status. So what do you do if you suspect child abuse or neglect? How can you report it and protect a child in danger?
November 3, 2013 By HG.org
It is an unfortunate reality of our modern age that there are times when a minor would be better off being able to conduct their own affairs free from the control of their parents. When this is the case, the minor is able, in some instances, to seek what is known as “Emancipation.”
October 29, 2013 By HG.org
All too often stories appear on the news of children in trouble with the law. Some bring guns or knives to school, others are shoplifting or stealing cars, and of course, there are always the ones who get into fights. Often, public outcry demands that something be done against the parents as well as the child. So, who is responsible when a child breaks the law?
October 27, 2013 By Al Rowaad Advocates & Legal Consultancy
Under UAE laws, it is never possible for a husband to make income claims from a wife, even if he holds custody of the children.
October 25, 2013 By HG.org
Sometimes, after a divorce has been finalized and a court has issued its final judgment or decree declaring the marriage severed, one of the spouses finds that they need spousal support. Perhaps the divorce was entered into too hastily or while the spouse was under duress, perhaps the circumstances have changed for the spouse. Whatever the case, in some instances it is necessary to re-open the question of alimony after the divorce has been finalized.
October 22, 2013 By The Law Offices of Scupp & Berman, LLP
A recent study of marriage among those with and without a college education revealed that marriage is often postponed for those in the working class who don’t have a college degree.
October 22, 2013 By HG.org
When accepting responsibility for the welfare of a child, there are many difficult questions to consider. But one that often confuses people is the difference between adoption and guardianship. Does one have to adopt a child in order to act like a parent and be responsible for the child, or is there a simpler way?
October 22, 2013 By HG.org
For years, gay and lesbian couples have fought for the right to have their relationships legally recognized like heterosexual couples. Unfortunately, as with most civil rights movements, the march towards equal rights for those of different sexual orientations has been a long and difficult one. Nevertheless, several states have recently taken to recognizing same-sex marriages over the last few years, opening the door to a new era of equality for these individuals.
October 21, 2013 By Kalish Law Texas
It is undisputed that divorce has long-term effects on children, such as depression, trust issues, social difficulties and anxiety. When divorce is necessary, it is important to pay very close attention to how the divorce is affecting the children.
Muslim couples (Emirati and expatriate) enter into a marriage contract (Nikah’) if they conduct an Islamic marriage in a Muslim jurisdiction or elsewhere.
Domicile is defined as a place where an individual resides and see’s their long term home to be. Residence can be more temporary than domicile. In practice, a party would be seen to be domiciled or resident in the UAE for jurisdiction purposes, if they hold a residence visa (or similar) for the UAE.
Dubai is one ‘Emirate’ within the ‘United Arab Emirates’. Seven Emirates make up the UAE being: Dubai; Sharjah, Abu Dhabi, Fujeira, Ras Al Khaimah, Um al Quwaim and Ajman. Each Emirate is governed individually.
October 19, 2013 By HG.org
The question of which parent is more likely to get custody is an ever evolving one. Once, there was a policy of ensuring that the mother always received custody, called the “tender years” doctrine, which assumed that young children needed to be with their mothers in their early, developmental years. But more recently, courts and lawmakers have realized that the mother is not always in the best position to provide a safe and healthy environment for children.
October 19, 2013 By HG.org
Many people are confused by the process of determining child custody and visitation. It can be a stressful time, so confusion is only natural. But, many ask who gets to determine how much visitation a parent gets? Is it the court? The parent with custody? The parent seeking visitation? The child? A government agency?
October 17, 2013 By HG.org
Millions of Americans experienced bullying at some point as a child. I personally experienced bullying between 5th and 8th grade when I went through a phase where I stopped growing up as much as out for a few years. Psychologically, I saw myself as a short, fat kid for years after, well into college when I was actually 6'3” tall and well built. The effects of bullying can be damaging and long lasting.
October 16, 2013 By Kevin B. Gibbs, APLC
What is collaborative divorce and how does it work? It is an alternative dispute resolution process which resolves divorce issues outside the courtroom.
October 16, 2013 By De Castroverde Law Group
Learn about Nevada's domestic battery laws and the penalties imposed by the state for conviction of these offenses.
October 2, 2013 By HG.org
Getting married can be exciting, but it can also lead to a loss of good sense. It is easy to become wrapped up in the excitement of love and a wedding and to forget about what exactly could be at stake should things go wrong. It may not be terribly romantic, but it could be very wise to think through both the good and the bad of a marriage.
September 27, 2013 By Weinberger Law Group LLC
While it may seem exaggerated, experts and studies say divorce can spread just like a disease through social groups. But are there social and seasonal patterns that could affect the future of your marriage?
September 27, 2013 By Angualia Busiku and Co. Advocates
To send a care package or not? That is a question that many adoptive parents ask themselves as soon as they are matched with a child overseas.
September 27, 2013 By Angualia Busiku and Co. Advocates
It is a practice that families receive referrals after they have completed their home study. The reason for this is that home study completion is not guaranteed. It would serve no purpose if after a successful child referral, you are unable to complete the home study.
September 25, 2013 By HG.org
In any civil action, including divorces, both parties must have notice of the case. This is accomplished through service of process. While this can take many forms, some form of service must occur or the case cannot move forward and a judgment either will not be entered against that party or could be easily vacated.
September 22, 2013 By HG.org
Ending a marriage is never a simple process. However, it can be simpler in some situations when the spouses are able to remain civil and agree between themselves how to divide the marital assets, deal with custody and support issues, and handle any other matters. Also known as an uncontested divorce, it may be hard for divorcing couples to accomplish in many instances, but the benefits can be great under the right circumstances.
September 22, 2013 By HG.org
Domestic violence can happen anywhere and is not bound by race, religion, or socio-economic status. But, recent studies show that African American women are at three times the risk of experiencing a lethal domestic violence event than any other racial groups in America. Indeed, domestic violence murders are among the leading causes of death of black women ages 15 to 35.
September 15, 2013 By HG.org
So-Called Baby Veronica is now four years old, and has already been the subject of a case that has traveled all the way to the US Supreme Court and back down through several state courts. The case is a twisting tangle of different legal principles intermingled with social policies, making for a great primer on both adoption laws and Native American affairs.
George Zimmerman: Domestic Violence Raises Questions About Use of Violence and Florida Stand Your Ground Law
September 11, 2013 By HG.org
On September 9, 2013, George Zimmerman, infamous after his slaying of 17-year-old Trayvon Martin and subsequent acquittal, made headlines again over a domestic violence dispute. Shellie Zimmerman, George Zimmerman's wife, told a 911 operator that her husband George "was going to shoot" her and her father at their Florida home. So, would she have had the right to shoot George Zimmerman had he threatened violence?
September 8, 2013 By HG.org
Children are often the most difficult factor to sort out when a relationship ends. There is very little stronger than a parent's love for their child, making visitation issues very emotional and volatile.
September 5, 2013 By HG.org
It may seem unthinkable that anyone would want to injure a defenseless elderly person, but it happens everyday. Nursing home abuse takes many forms, but all of it can be damaging, whether emotionally, physically, or financially. Knowing the signs of nursing home abuse and contacting a nursing home abuse lawyer if you know or suspect your loved one has been abused or neglected is critical in protecting both your loved one and others who may not have family or those as attentive as you.
September 4, 2013 By HG.org
You are divorced, or were never married, but have children with your ex. You share custody or, at the very least have visitation rights. But now your ex tells you s/he is moving someplace with the kids that would make seeing your children as regularly as you would like much more difficult.
September 4, 2013 By HG.org
For those who have only been married for a short time, the question of whether an annulment is available versus a divorce is a common question. When things sour so quickly, there is often a desire not to share what would otherwise be marital assets or even acknowledge the marriage was real. But, is it available in your case and how is it different than a divorce?
August 30, 2013 By HG.org
Listen, getting married can be a very exciting time filled with love and excited anticipation of a future with your loved one. But, it does not mean that you should throw all reason to the wind. If you or your soon-to-be-spouse have either a large number of assets or a number of debts, and you live in New Jersey, it may be wise to consider in advance what you will do about those assets/liabilities just in case anything should happen, and these tips will help you do that.
August 26, 2013 By HG.org
In general, domestic violence restraining order laws establish who can file for an order, under what circumstances, what protection or relief a person can get from such an order, and how the order will be enforced by the authorities.
Child abuse is never acceptable. Of course, what constitutes child support and what is discipline may sometimes be a gray zone. While the government stays out of our personal relationships in most instances, when it comes to child abuse and domestic violence there can be serious legal consequences. Thus, it is important to know what type of behavior is considered abusive and against the law, and the legal consequences those accused of abuse may face.
Often we use terms like separation and divorce almost interchangeably, but in many jurisdictions these terms can have very different legal significance. Indeed, there are even differences between separation and legal separation. When going to court, it is often important to use very precise terms to describe a situation in order to make sure your rights are protected, so it is important to understand the distinction between these three terms.
When a married couple has a child, most jurisdictions presume that the husband is the father of the child (even if he is not). When an unmarried couple has a child, on the other hand, it is usually necessary to establish paternity as soon as possible after the baby is born. This protects the mother, the baby, and the father, by establishing everyone's rights with regard to one another, such as visitation, support, and inheritance.
August 23, 2013 By HG.org
Are you a New Jersey resident considering adoption? Or are you involved in a dispute trying to prevent someone else from adopting your child? In either case, it is important to understand the process of adoption and its legal ramifications.
August 23, 2013 By MacGregor & Collins, LLP
California domestic violence law has changed a lot over the years. The author explains how things have changed as well as the influences that spurred changes.
August 21, 2013 By HG.org
The concept of grandparent visitation rights is a fairly new one. Historically, only parents could ask for visitation rights, but now states allow a variety of different family members to ask for visitation of related children. Below is a brief state-by-state summary of grandparent visitation rights as of the date of publication of this article. Should you have a question regarding visitation rights, you should contact a local family law attorney.
August 19, 2013 By HG.org
Anyone who has ever had to rely on the testimony of others, whether in a criminal, civil, or administrative proceeding, has probably felt the cold knife of panic and disgust slice through their gut as someone testified in a manner they considered untruthful. Of course, many people can have many different interpretations of the same event, including some that seem wildly different than your recollection, simply because they had a different perspective.
August 18, 2013 By HG.org
When determining which parent should have primary custody, whether custody should be shared, and how much visitation each parent should have, courts must look at a number of factors. Of course, these factors vary from state to state, but the overall question is generally the same: “What is in the best interests of the child?" Answering the questions below will give you insight into the specific questions courts may ask to determine which parent (or both) should be granted custody.
August 16, 2013 By HG.org
In New Jersey a spouse may obtain alimony from their former spouse. Alimony is designed to keep a spouse in a living condition comparable to that which they experienced while married.
August 14, 2013 By HG.org
Domestic violence is an unfortunate reality, and many are surprised to find just how prevalent it is.
August 10, 2013 By HG.org
The decision to end a marriage can be a very complicated one. Emotionally it may be painful, a relief, or a complicated mixture of both sensations. Practically, many things need to take place before the process can be finished and you can begin to move on with your life. So where do you start and who can you turn to for information? How do you know what steps are right for your situation? What other things do you need to consider that you may not even know about?
August 8, 2013 By Weinberger Law Group LLC
Underestimating or not accounting for all costs associated with raising children when itemizing expenses to help calculate child support is common. Don't overlook the details of your child's real financial needs. Our article helps list frequently missed costs that could be added as expenses in figuring child support amounts.
August 5, 2013 By Black & Graham, LLC
Colorado now has civil unions, and for virtually every purpose under state law, a couple in a civil union has the rights and benefits of a married couple.
August 2, 2013 By The Meyers Law Group, PC
Information about same sex marriage in New York and the ways in which a family law attorney can assist same sex couples with their legal issues.
August 1, 2013 By Kevin B. Gibbs, APLC
Many types of adoption may be completed in the state of California, including private adoptions, agency adoptions, stepparent or foster parent adoptions, single parent adoptions, and grandparent adoptions.
July 26, 2013 By Patriot Law Group Connecticut
People hire private detectives for a variety of reasons, but one of the most common is to uncover hidden assets. Private investigators don't become involved in all divorce cases. However, they can be very useful when the other party appears to be hiding assets or contesting child custody.
July 25, 2013 By King Law Offices
Knowing your rights as grandparents can be very helpful. Often times during a custody dispute over a child, grandparents are left clueless and unsure of if and how their relationships with their grandchild will be affected.