Family Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Family Law.
A grandparent’s rights to child custody and visitation have been a late evolving aspect of family law. There will be times when a grandparent will be awarded custody and visitation of their grandchildren.
When a parent has legal custody they have the right to make important decisions on behalf of the child. Parents can be awarded joint legal or sole legal custody.
Annulment is distinct from divorce in that it claims that the marriage never legally existed, or that it was based on fraud. To get an annulment, one must do so before the statute of limitations expires.
A mother has certain legal rights pertaining to her children. When a mother needs legal assistance with child custody, support, visitation or paternity, a family law attorney can advise her in the matter.
Legal separation is very similar to a divorce except for the fact that the marriage is not terminated. For some couples, it may be more beneficial to become legally separated as opposed to getting a divorce.
Divorce is not a simple process; it involves asset and property division, child custody (if there are any children), visitation, child support and alimony (if any). When a divorcing spouse neglects to hire their own representation, they run the risk of forfeiting their rights earned through marriage.
Domestic violence is taken very seriously in the state of Florida. Depending on the facts surrounding the case, the severity of the injuries and any prior history of domestic violence, it can be charged as a misdemeanor or felony offense.
Mediation allows divorcing couples to come to terms on the details of their divorce without having to go to court. The non-adversarial process works towards amicable solutions so the parties can go their separate ways without conflict.
Mothers and fathers play a pivotal role in the raising of a child. When a father’s rights are being questioned, or denied, then he should pursue legal recourse to have those rights vehemently protected.
Restraining orders are an important instrument in serious domestic violence situations; however, they can be taken out against someone based on false allegations. If a restraining order was taken out against you, it’s important that you act quickly to dispute the allegations.
Child custody and visitation can be one of the most contentious aspects of any divorce involving children. Since the integrity of your relationship with your children is at stake, it is essential that you seek the advice of an experienced family law attorney in your child custody matter.
Domestic conflicts can easily take a turn for the worse and get out of hand. When somebody gets hurt and the alleged attacker was a spouse, or partner, then they can face serious domestic violence charges.
When a couple decides to dissolve their marriage, they will have to make important decisions regarding asset division. In cases where the couple cannot agree on how to divide their assets, then the courts will step in and decide for them.
Collaborative divorce takes a non-adversarial approach to the divorce process. If properly executed, collaborative divorce can save a significant amount of time, heartache and expense in the long run.
America’s elderly population is expected to explode in the next twenty years as baby boomers reach their sixties and seventies. Unfortunately, the elderly are particularly vulnerable to financial exploitation by their family members and caregivers, and should be protected when they are taken advantage of.
Couples in same sex marriages who are seeking a divorce will have to address the same issues as in heterosexual marriages. With the changing laws it’s especially important to have a qualified divorce attorney guide you through the legal process.
Over time, circumstances change for a number of reasons. If a primary residential parent wishes to relocate with their child, they must notify the court and the non-moving parent before moving. The move may go ahead as planned or, the non-moving parent may contest such a move which will have to be addressed in family court.
Grandparents can play a very important role in their grandchild’s life. There are times when a grandparent might be denied visitation with their grandchildren by one or both parents, when this happens they can petition the courts for visitation rights.
How a divorce plays out has a significant impact on American families. When couples cannot agree on the terms of their divorce it is labeled a “contested divorce.”
Every year countless individuals are victims of domestic violence. Getting a restraining order against your abuser may be the most effective step you can take to put an end to the senseless violence.
Child abuse affects every aspect of our society. Charges or allegations of child abuse can play a significant role in the outcome of divorce proceedings and child custody disputes.
Historically, the mother gained custody of the children in Long Island divorces. Even though courts are coming around and giving the father more consideration than before – their rights can still be overlooked in matters relating to child custody, visitation and support.
Domestic violence is a serious nationwide concern affecting every race and socioeconomic class. Unfortunately, it also happens to be one charge that is frequently abused – targeting innocent people who are frequently involved in a bitter breakup or child custody dispute.
Issues of child custody and visitation are often the most emotional ones encountered during a divorce proceeding. Both parents are interested in the well-being of their children, but their beliefs and methods of upbringing may differ greatly.
When pursing a divorce or legal separation, even if you are using a family law attorney, it's important to understand the state Family Code. There are many limitations, eligibility requirements, and varying waiting periods that you must consider as divorce is not an instant process. While it should not be construed as legal advice, the following guide can help you better understand the Texas divorce process.
Divorce is a difficult matter for most people. Understanding your legal rights and is important when thinking about a divorce. This article offers a brief overview of the divorce process in Nevada.
This term may be foreign to anyone facing a difficult custody battle, but it is important to know the role a guardian plays in our Court system.
If you have a senior loved one who is in need of long term care, it’s important to choose a reliable and trustworthy caregiver.
Very few fathers obtain physical custody of their children. Some suggest that the family law courts are biased against men; others point out that fathers are rarely the primary caregiver for their children, and so don’t get custody. Either way, as a father, you need to understand the types of child custody.
Under the Marriage Equality Act, the state of New York officially recognizes gender-neutral marriages for opposite-sex couples. It was signed into law on June 24, 2011, and it will go into effect on July 24, 2011 – thus providing equality for all sexual orientations.
After the dissolution of marriage the next step will be liquidation of pecuniary relations. The pecuniary relations between spouses shall be liquidated by agreement or by retaking of personal property.
Is divorce permitted under Ethiopian law? Yes, the right to divorce is allowed in all types of marriage, be it customary or otherwise and divorce is granted irrespective of reason. Both spouses and either one of them may want the divorce so the court shall accept and consider the petition is forwarded to it by the spouses mutually or by one of the spouses as sole petitioner.
If you are considering marriage in Ethiopia or want advice for someone who is, here is a short review. Under Ethiopian law, marriage is recognized as such whether celebrated traditionally, religiously or by court according to the law.
Do you know about the causes and effects of dissolution of marriage? Here there are some explanations about the causes & effects of dissolution of marriage. To talk about dissolution of marriage, first availed marriage must be exist.
As the roles of mothers and fathers are progressively changing, the family courts in the state of Florida have taken notice. Child custody is not automatically awarded to the mother in a divorce. Today, both parents are given equal consideration in determining who gets the kids.
Dying without a will, known as dying intestate, can create an avalanche of problems for the surviving family members. But what happens if the family is blended? How do you ensure that everyone receives the portion of the estate that was intended for them?
In the state of California, spousal support or alimony is awarded on a case-by-case basis. There are, however, a number of factors that determine whether or not support will be awarded. These factors also carry weight when determining how much will be awarded and for how long.
A Protection from Abuse Order (PFA) is a vital tool for domestic violence victims; however, it can be manipulated and abused in certain situations. When this occurs, innocent people are forced to deal with unfair and unjust legal consequences as a result.
Unfortunately, many of the latest statistics suggest that the majority of Americans nearing their 60s are not ready for retirement. Although recent findings indicate that people are better prepared for retirement than they were less than a decade ago, all is still not well.
In the past thirty years, our nation has seen a surge in the number of children that are born to unmarried mothers. Due to this trend, the issue relating to the rights and responsibilities of unwed fathers has spurred a worldwide social movement.
It is not uncommon for people to procrastinate before they put an estate plan in place, and they do this for a variety of different reasons. Perhaps the most common one is the simple fact that they feel as though they have plenty of time before the matter is truly relevant. While it is true that the average life expectancy in the United States as of this writing is 78.4 years, it is probably not a good idea to wait until you are 75 to begin to plan your estate.
If you’re a veteran in need of extra care and assistance, you may have looked into qualifying for aid and assistance benefits.
Many parents choose to create a will so that their minor children are always protected. While a will allows you to appoint a guardian for the care of your minor children, it doesn’t allow you to fully explain the level of care that is needed.
Collaborative divorce in Virginia trumps traditional contested divorces because they help reduce emotional turmoil. For legal guidance, contact a Norfolk divorce attorney.
Texas is well known for being tough on crime – domestic violence charges are no exception. People who are convicted of domestic violence face serious consequences which can damage their future irreparably.
High school and college students are very likely to succumb to peer pressure. Unfortunately, giving in to this pressure can inadvertently result in breaking the law which can ultimately lead to conviction.
In a divorce, it is often necessary to conduct “discovery” – which is the method by which a party can “discover” information about the other party that is relevant to the divorce. Conducting discovery allows us to obtain full disclosure of particular facts, such as income and liabilities of the parties, the value of certain assets of the parties, and facts relevant to child custody and support issues.
These days you can find information about "how to" do just about anything on the Internet, and the ability that we now have to rapidly exchange information is certainly a good thing. However, it is important to be discerning about the types of things you can and can't effectively do for yourself with some instructions that you get online.
Nearly 80,000 Florida residents file for divorce each year. And, Florida has the nation’s highest percentage of residents over the age of 65. Many people enter into a second marriage with significant assets and adult children.
When it comes to medication and the elderly, it is not uncommon for dangerous mishaps to occur.
One of the biggest concerns in Elder Law is Elder Abuse. It has always been a concern for those vulnerable adults who are institutionalized in Nursing Homes or state hospitals, especially as the population in this country grows older. Abuse is also an issue in instances where elderly adults are being cared for at home by their grown children.
While funeral planning is an important aspect of an estate plan, we offer the top five reasons not to enter into a prepayment plan with a funeral home.
A large majority of people in the United States believe that you have to have a lot of money available to you before you can retire, but this isn’t necessarily true. Although it doesn’t hurt to save money when you can, you don’t have to be wealthy in order to enjoy your retirement years.
Juvenile delinquency is a national concern that deserves focus at home and in the community. Statistics have proven that taking a rehabilitative approach towards juvenile crime reduces the chances of the juvenile offender returning to prison for future crimes.
An in-home separation with your spouse doesn’t have to be stressful.
If you’ve started creating an estate plan, then you probably know there’s more than one way to address all your concerns.
Every year, many U.S. citizens make the decision to adopt a child from overseas.
In this article the author discusses on the Top 5 ways to prepare yourself for divorce.
The author discusses how parents can develop parenting time in Minneapolis, MN.
If you have a family business that you would like to pass down to the next generation, a Family Limited Partnership may be an estate planning tool to consider.
Have you asked the guardian that you named in your will if he or she will actually serve if needed? When you name anyone in a position of authority in your estate plan be sure that he or she is actually willing to serve.
Many people make small mistakes and their estate planning wishes are not followed. It's important to stay on top of your estate plan duties so that you not only have a great plan that meets your needs, but also follows your wishes. Take a look at some of the information below to learn how to prevent a simple mistake before it happens. If you have any questions or if you'd like assistance with your estate planning affairs, consult with a qualified estate planning attorney.
When you start to explore the subject of estate planning you are invariably going to hear about probate avoidance. People who are new to the subject may not even know what probate is much less why they might want to avoid it, so we will take a look at the matter here.
Even if you are new to estate planning, you may have heard that you should avoid probate.
When you are in a small business partnership with others you must approach estate planning differently than those who don't have assets tied up in a business.
Everyone is aware of the fact that they should have some vehicle of asset transfer in place such as a last will or a revocable living trust.
While a marijuana arrest is not the end of the world in a child custody dispute, it must be dealt with - and in some cases it could swing the ultimate custody decision.
Tough New York Divorce Laws Credited with Low Divorce Rate.
Young married couples who have just had their first child understand that the joys of parenthood come with great responsibility. These young parents want to do the best for their child by planning ahead for their future, and by making sure that the child will be secure no matter what happens.
For many parents, choosing who will raise their minor children if both parents die is not only disturbing to think about, but is often the most difficult decision they have to make when planning their estate. However, it is also one of the most important. Failing to make and document the decision can lead to outcomes the parents never would have wanted for their children.
When a person dies, federal estate tax may be due. These are taxes that are due when the assets are passed to another person. Most people refer to this tax as the “death tax.” You may be aware that there are new laws regarding this tax. It is important to stay on top of the new tax law so that you know how you may be affected. Will you have to pay estate taxes?
If you have begun your estate planning, you are taking an important step in planning for your future. It is important to discuss your estate planning with your family. This will not only let them know that you have taken care of this responsibility but it will also be a great way to communicate your wishes and talk about your desires for the future.
If you don’t have a will, the state of Arkansas has one for you. Here is what happens to your assets under Arkansas intestacy laws.
The Irrevocable Life Insurance Trust (ILIT) is typically used to get the value and proceeds of an insurance policy out of an estate so they’re not taxed for federal estate tax purposes. The use of ILITs is not complicated, but there are some administrative hoops to jump through. Your estate planning attorney can do much of the jumping through hoops on your behalf.
Protecting Yourself from Unscrupulous Long Term Care Insurance Practices and Policies - Unscrupulous agents target seniors for improper long-term care. Be careful of long-term facilities that do not meet your needs or are misrepresented.
A Health Care Directive is a legal document that allows you to state your medical wishes in the event that you become mentally incapacitated.
Assisted living is a type of residence for the elderly and disabled that may need assistance with daily living, but don’t necessarily need around the clock care like is available from nursing facilities.
The author reviews Minnesota's child custody laws.
It’s quite a figure: according to the Wall Street Journal, 30% of 401(k) owners now have a loan outstanding.
When you own a business, you pour an immense amount of time and energy into making sure it is successful
One of the things that you are going to have to decide upon when you are planning your estate is the primary vehicle or vehicles of asset transfer that you want to utilize.
Wandering in a potentially deadly problem for nursing home patients with dementia and other medical conditions that make them unable to appreciate the dangers around them.
The fentanyl-overdose death of a central Illinois nursing home administrator really called into question the judgment of the owners of Timbercreek Rehab & Healthcare Center for me. Apparently, the owners of the Pekin, IL facility weren't too concerned the fact that their administrator was on probation with the Illinois Department of Professional Regulation for 'substance abuse' issues at the time of his hire.
Virginia child custody issues aren’t always easy to resolve. Some divorcing couples find that litigation alternatives like collaborative divorce or mediation can help.
Divorce settlements are usually set in stone. However, a recent 2006 divorce case was blown wide open after issues over “mutual mistake” arose, potentially changing the course of divorce forever.
When you create an estate plan, one of the most important things that you could do is to ensure that all of your documents are in order and easily accessible when it comes time that they are needed by your loved ones.
Surprisingly, recent surveys indicate that only a small percentage of married couples in the United States have prenuptial agreements.
Many people think about estate planning as being a purely financial matter, but if you are serious about planning for the future it is important to consider all of the legal ramifications of aging.
One of the elder law issues that is very challenging for many people is the cost of long-term care.
If you’re going through a Virginia divorce, a separation agreement can make the process go more smoothly.
There was an interesting challenge issued earlier this year by two iconic figures who in a very real sense represent the quintessence of extraordinary wealth in the United States.
Joke gifts, divorce insurance, and singles parties are 3 non-traditional ways to approach a Virginia divorce.
Divorce is difficult at any age, but a later life divorce poses some unique emotional and financial issues. If you’re a Virginia woman considering a later life divorce, you should learn all you can about the divorce process and seek good legal counsel to get you through.
There are several signs of marital breakdown many couples may overlook.
A Virginia divorce is an event that will change the course of your life; hiring the divorce attorney who will represent you during this time takes sound judgment and good instincts. Learn some of the important factors you should consider when making this vital decision.
Considering a Virginia divorce? Divorce mediation might save you time and money and help you negotiate more successfully.
Your situation is not as unique as you might think. Many married couples face the same dilemmas in their relationship which is why it is easier than you might think to fix.
Traditionally, custodial accounts under the Uniform Gifts to Minors Act (UGMA) or the Uniform Transfers to Minors Act (UTMA), were used to gift or transfer money or other assets (up to $13,000 per year) to a minor and manage those assets on the minor’s behalf until they reach the age of majority.