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Family Law and Divorce

Family Law lawyers can evaluate cases involving child custody, spousal support, common law, adoption and same sex marriages. A divorce lawyer can help you understand your rights and also help with child custody, visitation rights, pre-marital agreements, hearings and appeals and cohabitation contracts. An attourney can also help you if you have been the subject of domestic abuse or if you have been falsely accused of domestic abuse.

FAMILY LAW ARTICLES AND INTERVIEWS

The Wild Side of Family Law
The Wild Side of Family Law New York, NY: Family law is fraught with issues that are not for the faint of heart, and not easily resolved. Family attorneys are integral to a good resolution, and a qualified family law firm will have a broad cross section of skill sets amongst its professionals, so you are guided towards an amicable resolution, rather then led down the garden path. [ Read More ]
Determining the Mental Capacity of a Decedent
Determining the Mental Capacity of a Decedent Forensic psychologists and neuropsychologists regularly give expert opinions about a person’s mental capacity in the criminal, family law and civil courts. The evaluative process involves clinical interviews, psychological/neuropsychological testing, review of the records and interviews with individuals who have personal knowledge of the defendant’s behavior and cognition. [ Read More ]
Custody Laws: You Can't Choose Your Parents…
Custody Laws: You Can't Choose Your Parents… Orlando, FL: While family law often involves tales of estranged bedfellows, where things get really complicated are the child custody battles. Custody laws usually guide lawyers along the family law custody road, but not in a vacuum. Other factors include things such as pre-nuptial agreements and the circumstances that can serve to make it that much easier, or harder, for the legal professionals involved. [ Read More ]

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IN THE NEWS

JAN-08-09: In a bizarre twist on a current divorce case, the husband is demanding $1.5 million for the kidney he donated to his wife, several years ago, or the return of the kidney. The tactic is a strike against the visitation rights currently being discussed in the case. [UPI: KIDNEY PART OF DIVORCE SETTLEMENT] OCT-15-08: A 5-year, $62-million plan to improve mental health services for children in the foster care system was approved Tuesday by the Los Angeles County's Board of Supervisors. This is among the first steps the county is taking as part of a settlement agreement in a class action brought on behalf of children in foster care.. [LA TIMES: FOSTER CARE MENTAL HEALTH PLAN] OCT-08-08: A 42-year old British widow has launched a landmark legal battle over the alleged illegal removal of her dead husband's sperm. While the woman had won court court permission to have the sperm removed from husband's body just hours after he died from complications of a routine appendectomy, a family judge in Preston said he wasn't convinced that it is possible to lawfully take sperm from a dead person who hadn't given prior consent. [UPI: DEAD HUSBAND'S SPERM]
SEP-19-08: Alex Rodriguez of the New York Yankees, is divorcing his wife of 5 years in what are described as 'amicable terms.' His 35-year-old wife filed for divorce in July, alleging her husband had repeated infidelities. [THE TRAVERSE CITY RECORD-EAGLE: ALEX RODRIGUEZ DIVORCES] SEP-03-08: A jury in Orange County, FL, will visit a car wash where a mother allegedly used a pressure washer on her 2-year-old child. [UPI: CARWASH CHILD ABUSE] AUG-11-08: Elizabeth McGreevey, ex-wife of ex governor James E McGreevey will not receive alimony from her ex-spouse, following a divorce that resulted from her husband's coming out about being gay. [ABC NEWS: McGREEVEY ALIMONY]

[SHARE YOUR STORY]YOUR STORIES

Husband borrow money behind my back and insist i pay half of that
First I'd like to tell you that I live in CA, we follow non-fault divorce law. Every asset and debt acquired during marriage is 50/50, doesn't matter who spent the money.
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EMERGING ISSUES

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Sperm Donor Ordered to Pay Child Support
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LAW SUITS FILED

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Ivy Lawn alleging employees informed grave robbers of valuables buried with loved ones.
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State of Nevada and Clark County allegedly failed to protect abused and neglected children in the child welfare system.
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Greg Stumbo. A lawsuit has been filed against Greg Stumbo, a Kentucky state representative and a candidate for attorney general. The suit was filed by a woman who is attempting to collect child support payments from Stumbo for their 14-year-old son. In the suit, the woman is asking for $1,057.75 a month in support and $42,443 in back payments. (May-10-03)
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SETTLEMENTS

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Estate of Seth Tobias $25 million estate to be split as part of settlement.
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Grave Desecration Cemetery agrees to pay $100 million settlement in burial grounds lawsuit.
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Food Stamp Fraud Woman to pay $48,530 settlement in TennCare lawsuit.
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[FREE CASE EVALUATION]IN YOUR OWN WORDS

My children were taken from me by CYS due to false positive drug tests
Defendant: ~False Positive Drug Testing
My 4 children were taken from me in October 2004 and now the courts have ruled to terminate my parental rights. I repeatedly told them that I was taking sinus medication and they told me that they could not possibly cause me to test positive for amphetamines or methamphetamines.
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Family Law

Divorce and Separation
divorce, family lawDivorces may be friendly, uncontested affairs, or so serious that they require a termination of parental rights. The more a couple can make their own decisions about their divorce, the more money they will save. The less time they spend fighting, the less they will spend on attorney fees.

Child Custody
You may face child custody issues if you are divorcing, separating or even if you are not married to the child's other parent. A custody order will determine the rights and duties of each parent and who gets to make decisions about where the children live, their education, etc. In most cases, both parents will have an on-going joint custody relationship with the children. Sole management of the children is only given if there would be severe negative affects on the physical or emotional health of the children.

Child Support
Child support will vary from state to state. It can be calculated based on Net Income or Gross Income and can include items such as severance pay, commissions, retirement benefits, overtime, pensions, tips, trust income, bonuses, annuities, dividends, rental income, UI benefits, gifts or prizes, when calculating the amount to be paid.

Other factors affecting the amount incude special needs of the children, and children that must be supported from other relationships. The person paying child support will generally be responsible for paying for the childrens health insurance as well.

 

Adoption

Adoptions can be arranged in several different ways. You may approach an adoption agency, where children who have become wards of the state are available for adoption.

"Independent" adoptions are arranged directly between the birth parents and the adopting parents. An attorney will be needed to take care of the paperwork. Connecticut, Delaware and Massachusetts do not allow independent adoptions. An "open adoption" will allow the birth parents to maintain contact with the child.

An "identified" adoption is one in which the adopting parents and the birth mother ask an adoption agency to take over the adoption process, benefiting from the agency's experience with the legal issues.

Issues around adoption include self identity, searching for birth parents, reunion with birth parents, cultural differences and community integration.

Family Law Legal Help

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