Family Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Family Law.
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.
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?
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?
California recently passed legislation that will help LGBT elders to receive respectful care in their twilight years.
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.
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.
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.
Senior citizens across the nation are being taken advantage of. Physical elder abuse and financial elder abuse have become commonplace.
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?
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.”
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?
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.
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.
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.
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?
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.
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.
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.
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?
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.
What is collaborative divorce and how does it work? It is an alternative dispute resolution process which resolves divorce issues outside the courtroom.
Learn about Nevada's domestic battery laws and the penalties imposed by the state for conviction of these offenses.
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.
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?
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.
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.
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.
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.
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.
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
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?
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.
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.
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.
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?
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.
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.
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.
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.
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.
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.
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.
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.
Domestic violence is an unfortunate reality, and many are surprised to find just how prevalent it is.
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?
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.
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.
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.
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.
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.
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.
Parental alienation is an increasingly used tool in the war between divorced or divorcing parents. Depending on the expert, parental alienation syndrome, or PAS, is either made-up psychobabble or behavior by one parent that causes significant harm to children during child costody disputes. The reality, of course, is that it's a little of both.
If You Are a Foreigner and Marry a Chinese Citizen Then Things Do Not Go Well, How to Divorce Him/Her?
In recent years there are so many foreigners marry with Chinese citizens. For the reasons of culture shock, living habit, or personality clash, some couples' relationship go break, they have to divorce. For foreigners there are some specials rules to comply for, then a professional lawyer is suggested.
If a child of legal age lives in its grandmother’s house at no charge, this does not lead to a reduction in subsistence needs, according to the Hamm Higher Regional Court (OLG).
If the spouses have not signed a prenuptial agreement, they are considered to be living in a matrimonial property regime of joint ownership of accumulated assets as determined by statute.
Interest rates are at historic lows and divorcing couples and people in general are buying and selling homes in increasing numbers. This exasperates the already common question - "What happens to a couple's home during their divorce?"
By Galanter Law
When most people think of domestic violence, they think of some sort of physical confrontation between husband and wife or romantic partners. While this is true, keep in mind that the definition of domestic violence of Florida is very expansive and includes many other types of criminal actions.
There are too many people that are not ready financially when their spouse decides to file for divorce. If you suspect that a divorce is in your future, it is important to take certain steps to protect yourself and your financial future, including the following:
These become painful and hard experiences. In many cases women experience bad treatment at the hands of their husbands for a long time and want to dissolve the marriage but often the husband threatens that he’ll never give a divorce.
The Michigan MIP law allows Courts to dismiss the case if the minor successfully completes a probationary period. Deferred prosecution protects the underage drinker from jail and a permanent criminal record. On the other hand, the repeat offender faces potential jail time, costly probation conditions and a mandatory license suspension.
My husband got a job and makes more money. I make a lot less money now than when my divorce was final. My children live with a different parent now. Can we change the amount of child support? In the changing economy, these are very common questions. Fortunately, the answers are simple. The answer is yes, child support can be modified.
Going through a divorce is difficult on everyone, but a divorce can be particularly hard when you and your partner need to determine who gets custody of the kids. GA child custody law keeps the best interests of the child in mind, and who receives child custody will depend on a variety of different factors. The guidance of an experienced lawyer from is imperative if you want to win custody after a divorce.
The results from the 2011 American Community Survey, published by the U.S. Census Bureau in 2012 showed that the state with the lowest percentage of divorced residents was New Jersey.
The typical divorce process is very expensive and can cost upwards of $15,000. Using the method of divorce mediation instead, couples can save both time and money while ending their marriages.
When a couple divorces in New York State, how the parties’ property will be divided must be agreed upon between the spouses or determined by the court. The process of determining how to fairly divide property between two spouses is referred to as equitable distribution. This does not mean that property is divided 50/50 between each party, but rather, the court considers what each party contributed to the marriage and what each person’s needs are in order to fairly distribute marital property.
Privacy and confidentiality are both huge concerns during the divorce process, so it's important to be proactive to protect your interests by speaking with a divorce attorney. In the meantime here are some helpful tips to help you out.
Social media users beware. What you post online can be used against you.
When child custody disputes arise between parents non-UAE nationals resident in the UAE, whether married to a UAE or non-UAE citizen, may file custody cases in the UAE.
Basically, properties gotten after marriage by husand and wife belong to joint property. Laws and regulations have specific articles on this subject. Let us review it.
BGH: Exclusion of Equalisation of Accrued Gains and Severability Clause in a Prenuptial Agreement - Germany
The prenuptial exclusion of the equalization of accrued gains does not necessarily have to impact the validity of a prenuptial agreement.
It’s a reality that bankruptcy and divorce often coincide, but the question is, which should come first, bankruptcy or divorce? The answer to that question will depend on your individual set of circumstances and if you want to take the risk and wait.
Fathers concerned about their California custody rights get a lot of bad information. This article will take the confusion and myth out of this area of family law and get dads who are going through custody cases off to a good start.
After banning Gay Marriage with a constitutional amendment in 2004, Georgia joined 15 other states in drafting bills to outlaw Gay Adoption in 2006 (USA Today). Luckily, it didn’t pass. However, nothing in Georgia Family Law explicitly says that you can adopt either.
A divorce is not only associated with private arguments, indeed it can also lead to legal disputes. A prenuptial agreement can potentially offer security.
A divorce is a delicate matter that should be handled by both experienced and helpful divorce lawyer. Ask the right questions to find the attorney that best fits your needs!
It important to have a list of questions to ask when you're deciding which divorce lawyer is right for you. Ask about their previous experience, rate per hour, and so forth. This will help you as you move forward.
Signing a prenuptial agreement in Georgia is a major decision. Always make an informed decision whether or not you decide to sign an agreement.
The number one misconception about prenuptial agreements is that they are only for the wealthy. In truth, anyone who has anything before tying the knot, or even plans to acquire anything, should consider a prenup. A prenup is a contract signed prior to marriage that determines how the couple's assets will be divided in the event of a divorce.
For couples seeking a divorce or families dealing with a family law issue, the difference between Family Court and Supreme Court in New York State may not always seem clear. Cases often involve both of these courts, and they share jurisdiction, or authority, over multiple domestic issues. Yet there are important differences between each of these courts.
Arguably one of the largest concerns for families with children who are considering divorce is how child custody is determined in Arizona and other states. There are many who are under the false impression that custody is routinely granted to the mother or wealthy parent- but that is not the case.
If you and your child's other parent are separated or divorced, determining child custody is probably one of your primary concerns. Child custody comes in two forms – legal custody and physical custody.
Many people wonder what can be the basis or grounds for a divorce in Texas. The Texas Divorce Lawyer is providing a series of articles on the 7 sins of the marriage, or in other words, the 7 grounds for divorce in Texas. The Texas Family code actually codifies and outlines the 7 grounds for divorce in Texas. There are 3 no-fault grounds for divorce and 4 fault based grounds.
If the custody arrangement that once fit your lifestyle no longer works, you can speak with a family lawyer about a modification. Keep reading to find out how.
Last week, the Violence Against Women Reauthorization Act was reintroduced by the U.S. Senate Judiciary Committee Chairman Patrick Leahy, a Democrat, and Sen. Michael Crapo, a Republican. This act continues and expands upon the 1994 landmark law, the Violence Against Women Act, which combatted domestic violence, sexual abuse, and stalking by authorizing services such as shelters and legal assistance for victims and survivors of abuse.
Whether the parents of a child maintain a relationship or not, they are legally required to provide for their child. Child support is the financial obligation that a non-custodial parent has to his or her child's custodial parent, to be used solely for the care of the child. The non-custodial parent is required to make regular payments, regardless of where they live.
Although child support typically covers a child’s basic expenses, how the funds are going to be spent is decided upon by the custodial parent. He or she may set aside the received payments and spend them specifically for the child, or may choose to combine them with household funds to purchase grocery items for the family or to pay for utilities and rent.
Vacation homes often spell trouble in divorces because they are generally high-value properties. Failure to come to an out-of-court agreement on the vacation home can result in the court stepping in and making the decision for you.
Protective orders might help you feel a little more safe and secure, but ultimately any protective order is a legal document. If you are in danger, removing yourself from the situation and seeking protection, may be the best bet.
Domestic violence is being referred to as an epidemic in the United States, and more than three million children witness acts of domestic abuse every year. Domestic violence is emotionally scarring for victims, especially when children are involved. It is important for anyone involved in a family law case to understand the implications of domestic violence and how it affects child custody in California.
Child visitation and child custody exchanges are a vital part of maintaining and building relationships between a child and each of their parents, but they can be a major challenge for the parents. The swap occurs each time a chid goes from the physical custody of one parent to the other, and the exchanges often escalate to high-conflict situations.