Tag: Family Law

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Surrogacy Law

Surrogacy law update: Changes to Indian surrogacy law

Background

Since commercial surrogacy was legalised in India in 2002, the country has proved a popular destination for prospective parents intending to have a child via a surrogate. India’s surrogacy industry is estimated to be worth approximately $2.5billion and 25,000 foreign couples are estimated to visit India each year for surrogacy services.

India’s unregulated “surrogacy tourism” industry has however been subject to criticism and measures are now being introduced to regulate the so-called “rent-a-womb” culture.

New Measures

The Indian Council of Medical Research and Ministry of Health and Family Welfare have drafted The Assisted Reproductive Technologies (Regulation) Bill 2010 which is currently with Parliament for approval.

Home Ministry guidelines stipulate that to be eligible to enter into a surrogacy arrangement in India, intending parents must be a “man and woman” who are “duly married” and have been married for at least two years. Applicants must now enter the country on a medical visa rather than the previously allowed tourist visa. A medical visa will only be valid for three months from the date of issue and some couples have reported delays in obtaining the requisite visa.

Although the legislation is not yet enacted it has been reported that surrogacy clinics in India are already being required to register with the Indian Council of Medical Research and ensure that their foreign patients have the required Medical Visas before any treatment is given.

Issues

The new rules are severely detrimental to gay couples, single people and unmarried straight couples, for whom surrogacy may be illegal or very tightly regulated in the country in which they are domicile. Whilst some States in the USA, particularly Florida and California, are considered to be highly accommodating of surrogacy practices the cost of using a surrogate in America can be more than three times that of using a surrogate in India, thus preventing many intending parents from having a family in this way.

Supporters of regulation of surrogacy practices in India say that the current lack of legislation allows wealthy foreigners to exploit young, poor Indian women and to “commoditise” children. However, whilst the draft legislation does now place age restrictions on women who are eligible to be surrogates, there is no provision for minimum payment for surrogates and the measures proposed do not appear in any way relevant to addressing the issue of protection for surrogates.

The changes have been denounced by fertility clinics, gay rights activists and medical professionals for being discriminatory, without logic and introduced without proper consultation.  Some surrogates who are already pregnant for intending parents are concerned that the children they are carrying will be caught out by visa changes and could be left “stateless” due to their intending parents’ lack of ability to take them home after their birth.

It is yet to be seen whether the draft legislation will be challenged in the courts.

For more information on surrogacy or any other area of family law, contact Lisa Kemp

Categories
Divorce Law

Exploring mediation – you don’t have to endure an ugly separation

If you’ve decided that divorce is the only way forward for your relationship, but are struggling to convince your partner/ex-partner to feel the same way, don’t panic – it doesn’t mean you have to endure a really ugly separation. You’ve probably already consulted with one of the divorce lawyers Farnham, Glasgow or wherever you live has to offer… why not talk to them about undergoing mediation of some kind?

Mediation sounds as if it might be scary, but it’s really not. It can do wonders for couples who perhaps aren’t entering into divorce with the same views; maybe one person doesn’t want to split up, or is determined to make the process as difficult as possible. At best, allowing a neutral body to help you air your views could help persuade the other person that this is the best route forward. At worst, it could at least make the process of splitting assets and custody of children a little easier.

So, what else do you need to know about mediation?

The mediator
Typically, the person assigned to mediate your case will be a trained, non-biased negotiator; an expert in viewing the facts and helping you both find the best route forward. He or she will know the full details of each person’s case and their feelings, but will have no strong leaning towards either party. If there are financial details to be worked out, they will have full access to those too; helping them help you find a path that keeps you both financially stable – as far as possible, anyway.

Mediators can also help both sides see the benefit of opting for a fair, well-thought-through custody agreement; explaining that it’s about what’s best for the children, ultimately. They are experts in tackling commonly-held arguments, such as: “Well, I brought them up whilst you went out and worked…”, or “Well, I’ve paid all of the bills for the last decade…”; something which can prove invaluable during such a painful process.

Will it work for me?
If you’re struggling through a difficult divorce, it’s probably a good idea to enter into mediation. It will help you both reach mutually-agreeable terms; something which sending lawyers’ letters back and forth can’t always promise. Dealing with each other through your legal representatives can cause anger and resentment; feelings which will only made the process a lot harder. Instead, mediation forces you both to sit in the same room and hash out any problems. Often, you’ll find that it’s a lot harder to sound off or get really angry when you’re sat in front of each other. You may be able to approach the situation with a clearer head; especially when you feel supported by your mediator.

Is it confidential?
Anything said in front of your partner/ex-partner and the mediator is entirely confidential. The mediator is not at liberty to pass on any information to a third party legal representative unless you give them strict permission to do so. What’s more, anything you say in the presence of your mediator cannot be used in court as evidence against one party. There’s only one real exception to this rule: if the mediator believes either of you or any of your children are in danger as a result of any anger you may feel, then they may deem it necessary to stop proceedings and inform the appropriate body (i.e. the police).

Categories
Children

Judges “Should Talk to Children” Before They Make Decisions on Care

(Guest post from family lawyers in England) MPs have started to call for a change in how the courts decide about which children should be going into care, the Observer has reported. Various Members of Parliament have warned that judges tend to have little experience in matters regarding family law, and instead rely almost solely on the evidence given to them by social workers.

According to the report from the Child Protection All Party Parliamentary Group (CPAPPG) – a group made up of child protection experts as well as MPs – the majority of the children who do end up in care never speak to the judge who decides to take them from their families.

A Call for Reform

The group has suggested that the recently introduced Children and Families Bill will not do enough to ease the problems in the child protection system, a system which is currently already faltering under its massive workload.

The CPAPPG want judges to ask children whether or not they would like to talk to them, to voice any concerns or to make known any information which might be left out or overlooked by a social worker, before they make their final decision on care.

The group has also called for a greater number of judges who have more experience in family law, as a large number of those involved in care decisions have little to no knowledge of the workings of the system, instead relying entirely on the evidence produced by overworked social workers, who have themselves said they felt “under huge pressure” in such cases, as well as feeling “intimidated by judges”.

Expressed Concerns

The CPAPPG expressed its concerns that the voices of those children who end up being taken into care are not being taken into consideration nearly enough and that these children felt let down by the legal system or their court rulings.

They expressed a desire for all judges presiding over care order cases to ensure that they speak to the children involved before making a ruling, in order to understand the wishes of said children and to make a better, more informed decision in the long run.

There are a large number of family law solicitors, such as those featured on www.switalskisfamilylaw.co.uk, but not enough family law judges, claimed the group. They want the government to make sure that any judge to preside over family court cases is a specialist in the area of family law, especially since the recent increase in workload.

Baby P

Since the shocking case of Baby P, in which the social care system failed drastically, more and more experts in child protection have taken a more proactive, interventionist approach to their work, and this has led to further strain on the system.

Last year, the number of children in care was up 13% on the previous 12 month period, and it was reported that some independent review officers had worked on around 200 cases in that year – much higher than the recommended 50-70! It is for these reasons as well that the CPAPPG are crying out for change.

Categories
Divorce Law

What rights do grandparents have in divorce?

Parents’ rights in a divorce are discussed widely and regularly in family law, as you would expect. Grandparents rights, however, are talked about much less frequently. This is despite the fact that grandparents are often just as eager to see their grandchildren as parents are to see their children.

When parents separate grandparents can go from being part of a solid family unit in which they can see their grandchildren regularly, to people on the periphery of a broken family where there are no guarantees of visitation. Grandparents can find themselves out in the cold, even denied access to their grandchildren.

So what rights do grandparents have in divorce?

The truth is that, unfortunately, grandparents have very few rights when it comes to seeing their grandchildren. This sad truth is often very upsetting for people who want to see their beloved grandkids, but can’t, perhaps after an acrimonious divorce or separation.

What can you do if you are an estranged grandparent?

Don’t play the blame game – You may naturally want to side with your son or daughter when they separate, but maintaining a civil relationship with their ex is wise so that they are less likely to deny you access to your grandchildren.

Talk it through – The most successful post-separation relationships occur when families make a plan for visitation that everyone is happy with. Remind the ex-in-law that you are willing to take on childcare duties and that your grandchildren enjoy spending time with you. Remain calm as much as possible in these discussions as emotions are sure to be fraught.

Avoid the courts – Court action is usually expensive and cases can become drawn out, prolonging stresses within the family and making relationships worse.

Be realistic – You have to accept that your grandchildren’s time will be split between parents, other grandparents and extended family after a divorce or separation. You may therefore not see them quite as often as before the split, but this doesn’t mean that you can’t still have a great and meaningful relationship with them as they grow up.

Seek help if necessary – If you have done everything you reasonably can and you are still being denied access to your grandchildren, you can seek legal advice from a family lawyer. The aim should be to find an amicable solution outside of the courts.

Author bio: Sam Butterworth writes for Stowe Family Law, the UK’s largest specialist law firm, run by senior partner and TV legal expert Marilyn Stowe.

Categories
Divorce Law

Justice minister McNally pledges extra £10 million for divorces

Family justice minister Lord McNally has pledged an extra £10 million towards helping people bring their marriage to an end using mediation. The money is set to be used to fund extra mediation services, which are often used to avoid couples having to fight in court.

Mediation is a useful tool which can avoid upsetting and costly court battles, and might be appropriate for situations involving children or where there are a variety of different assets to split – property or cash for instance.

In a statement the Ministry of Justice said that the additional funding may help couples to avoid the “traumatic and divisive effect of courtroom battles”.

Lord McNally commented: “Going through a divorce or separation can be an emotionally draining and stressful time for everyone involved, especially for children. All too often money is wasted on expensive and traumatic court hearings that can take far too long to resolve – and that is why we want to help people to use mediation, a quicker and simpler approach which brings better outcomes.”

According to figures quoted by the Ministry of Justice the average cost incurred when resolving property and finance disputes in a divorce is around £500 – this figure increases to approximately £4,000 if these separation issues are settled in the courts.

As well as this, the average mediated case is resolved in a quarter of the time of a non-mediated dispute.

It’s positive that steps are being taken to resolve divorces in a way which save time, heartache and money for both sides. Many couples who have taken the painful decision to legally part ways may not realise that mediation is an option, but many law firms will offer it before pursuing a court resolution.

If you are interested in mediation then it is vital you opt for a legal professional with the knowledge and experience necessary to deal with complex cases. The most skilled mediators are those who strike the balance between professional and personal, bringing both legal skills and a sense of concern to their clients.

Hattons Solicitors have a dedicated team of  family law solicitors specialising in family law including cohabitation agreements, divorce law and separation.

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Domestic Violence Family Law

Internet Safety Advice for Domestic Abuse Survivors

The internet can be a valuable source of information and support for survivors of domestic abuse, but it can also pose a threat to your safety. Many abusers obsess over their victim and have a tendency to track their online activity. If you have escaped your abuser, your online presence may also be dangerous because it can lead your abuser back to you. Applying simple rules to your internet activity can drastically improve your online safety.

Cleaning up your computer
Because your abuser is someone you know, they have likely at some point had access to your computer, laptop or cell phone. One way that abusers can track your online presence is by secretly installing monitoring or spying software. Another easy way they may spy on you is by turning on parental controls, and making you the child’s account which is monitored. If your abuser were to do this, everything the “child” does is reported back to the “parent,” meaning that anything you do is reported back to your abuser. Any victim of domestic abuse should check for this software. If you are not tech-savvy you can take your computer to a trusted computer repair shop.

After you have checked your computer for monitoring software, change all of your passwords to new, strong passwords. Do not make your password anything that your abuser might guess. If you have a cat named Fluffy, your password should not be Fluffy123. This not only includes your email, social media and bank accounts, but your wireless connection password as well.

E-mail and social networking
If your abuser continues to contact you via email, simply blocking their email address from your existing personal email account is likely not enough to prevent future contact, because they can always create new accounts. To put an end to contact you must create a new email account that only your most trusted contacts and colleagues have access to. Remain anonymous and be sure not to include any part of your name in the email address. This will make it more difficult for your abuser to find you. Also check to be sure the email service does not expose your real name in the “from” line when corresponding.

Delete all existing social media accounts including Facebook, Twitter, LinkedIn and Google+. If your abuser is aware of these accounts, he will find ways to check your statuses, check-ins and photos. If you want to continue using social media, delete all current accounts and recreate new ones with stringent privacy settings. Sometimes privacy settings can be tricky, and will leave a lot of your information exposed even when you think you have applied the strictest of options. Also be cautious of who you “add” on new accounts, avoiding any mutual friends that you and your abuser share.

Shopping online
Although online shopping accounts like eBay and Amazon may seem to carry harmless information, they are actually the most dangerous because they contain information regarding credit cards, email address and delivery details. When deleting and changing accounts, don’t put yourself at risk by letting these ones fall by the wayside.

Special thanks to Aeschleman Law for providing this article.

Aeschleman Law
San Jose Family Law & Domestic Violence Attorney
1550 The Alameda, Ste 330
San Jose, CA 95126
(408) 724-8930

Categories
Family Law

The biggest change in legal services for 70 years and no one knows

The clock is very much ticking for people in England and Wales to get legal aid in relation to most family law matters and the media seem not to be taking it seriously at all.

We are less than 8 weeks away, from the biggest change in the provision for legal services in 70 years and yet the media and printed press are silent.

Under the Legal Aid, Sentencing and Punishment of Offenders  Act, 2012, from  1st April this year, legal aid will no longer be available for most divorce, financial and private law children cases, such as disputes between parents over residence and contact arrangements for their children. Unless there has been domestic violence, people will either have to go to court on their own or find the money to pay lawyers,

The coalition government has introduced these changes in order to cut the legal aid budget by £350 million per year in accordance with their deficit reduction plan.

The result of this withdrawal will result in the overwhelming majority of people who are currently able to obtain and access legal advice and representation, no longer being able to do so and yet does the average person on the street have a clue what is going on?

Figures obtained from the Ministry of Justice under the freedom of information act showed that in 2011 34,000 people filed for divorce without representation. That figure represented % of all divorces. it does not deal with people who needed help with contact and residence cases, or financial disputes which make up the vast majority of cases in the courts.

Public funding will still be available for  people involved in public law children cases, for example proceedings where Social Services are involved with children. For those who financially qualify, there will also be funding for cases of domestic violence.

Currently it is estimated that 250,000 people per year receive family advice, assistance and representation under legal aid. It is anticipated that after the changes come in, this number will decrease to as few as 40,000 people. That means

 

The government hopes that the changes will not only cut the current £2.2 billion legal aid bill, but also encourage people to resolve matters more amicably through services such as mediation. This is all very well, but no one knows about it and the Government have not publicised the changes at all.

These cuts will limit access to justice for the majority of the population and could cause the courts to be full of people representing themselves as a result of not being able to afford legal representation.

The broadsheets have over the last year, published articles and the BBC have done a few small pieces about this, but the vast majority of people in the country do not read the Guardian.

The legal industry is only now noticing the growth of diy divorce websites, despite the earliest service having launched way back in 1999 and the concern that was recently expressed by the legal Ombudsman, that the legal aid changes will see a rise in people opting for cheaper, poor quality service out of concern that other options are unaffordable, is in fact misplaced. The majority of complaints to them relate to communication problems and costs issues.

However, the legal profession are a decade too late in raising this issue now in 2013 as online divorce websites such as Divorce-Online have been in existence since 1999, quietly and efficiently providing services to clients who cannot afford a solicitor. in 2012 Divorce Online accounted for 14 % of the unrepresented divorce market. In 2013 we anticipate that our market share will only increase as people are turned away from Solicitors offices and advice centres, because they cannot get low cost family law services.

The criticism from lawyers is that divorce websites are impersonal, don’t have insurance and can cause problems later on with finances etc. This simply is scaremongering by a profession who have spent the last decade, sitting in their gilded offices, overcharging and wondering why their core business was ebbing away.

Divorce-Online as a responsible and professional legal service, advises clients of their options and the consequences of any actions they take in a divorce in relation to how it may affect their finances in the future, but we don’t charge £200 pounds per hour or £20 a letter.

The current business model of the high street Solicitor is expensive and unaffordable for all but the wealthy and until firms can find ways to bring down the costs of providing services, innovative and disruptive websites like Divorce Online, RocketLawyer etc will steal a march as the new dawn approaches. Those who can provide low cost affordable services will flourish and the rest will merge or die.

Categories
Family Law

The Impact of Legal Aid Changes on Family Law

Legal aid in England and Wales is changing and it will have a particular impact on family law. Legal aid aims to help those who require financial assistance to pay their legal fees but the government is cutting its annual spend in this areas by £350 million from April 2013. Legal aid will no longer be available to the vast majority of divorcing couples.

In recent years around 250,000 divorce cases a year have been funded by legal aid. The aim is to reduce this to 40,000, thus making significant savings. In most cases only those effected by domestic violence, abduction and forced marriage will be eligible to legal aid with the likelihood of receiving assistance coming down to finances. The reason for this is that in these cases going through the courts is usually the only way of proceeding whereas in other circumstances there are other options.

How Will This Impact Family Law?

It is difficult to predict the exact impact of these changes but there is little doubt there will be some changing trends within the family law sector.

With the lack of available legal aid the cost of taking a divorce case through the courts will significantly increase for many couples. It is hoped that this will result in mediation becoming more common place. Where this route is taken it leads to huge savings in solicitor’s fees and court fees. Expensive legal fees may put couples in a position where they feel there is no option but to go down the mediation route but it may, in the long run, also lead to a simpler, less stressful separation.

Another way that the legal aid changes could make an impact is by it leading to more people representing themselves in court. This is something many in the legal profession are concerned about as self-representation can end in disaster. Without the knowledge of the workings of a court it is very difficult to make a good legal case. This could, therefore, lead to not getting the result they are deserving of. This could be particularly problematic if one party can afford legal assistance and the other cannot. It has been claimed by some that wives who can’t afford to pay for legal assistance, but whose husbands can, will be impact the most (of course this can also happen in reverse). If one party is being legally represented and the other isn’t then it can make a fair outcome even more difficult to come by as it makes it more difficult for a court to assess the situation accurately.

One fear is that there could be an increase in poor quality legal assistance. Those unable to afford a good solicitor may have no choice but to pay for cheaper, and therefore lesser quality, legal assistance. A final possibility is that there could be a reduction in the number of couples getting divorced. It is difficult to say whether or not this will be the case, but if it is it could lead to some couples remaining in unhappy marriages as they see divorce as unaffordable.

Conclusion

It could be argued that an increase in the number of couples going through mediation would be a positive. But, in reality will this happen? Some in the legal profession have predicted that it will not, and people will instead proceed without legal assistance, therefore slowing down the process and making it more complex.

Contrary to popular belief, in many circumstances lawyers actually reduce the number of family law cases going to court at present. They encourage negotiation, something that is easier with legal representation as a separating couple do not have to go directly to one another. Lawyers also often play a part in managing expectations. As they understand the ins and outs of the industry they can be more realistic than their clients, as people don’t always see the boundaries of what is possible themselves.

About the author

This post was written by Andrew Marshall, a writer and internet marketer. Andrew works with a number of UK law firms across a wide range of legal sectors.

Categories
Children

Ruling Ignoring the Safety of the Family?

Guest post from family law solicitors. 

The Government is planning on protecting the rights of divorced parents to see their children, which is putting victims of domestic violence in danger; not to mention, their children too. With shared parenting as a priority, the welfare of domestic violence victims is routinely ignored. The failings of the family court system are such that vulnerable men and women are frequently placed in unsafe environments where they’re open to intimidation from their violent ex-partners.

52% of women who’ve suffered from an abusive relationship are subject to cross-examination from their violent exes, who have chosen to represent themselves in court. Obviously this can be an emotionally traumatic experience for many people women and men who’ve previously been bullied and intimidated by their ex-partner.

Extortionate Costs

In fact, it can be equally as distressing to be the cross-examiner of previous abusive partners, and with the heady costs of hiring a lawyer hanging over their heads, can victims of domestic violence afford legal fees, especially if they’re struggling to raise a child? With coalition plans to reduce the amount of court benefits low-earners receive, this could mean many abuse victims are forced to represent themselves in court, with absolutely no legal training.

Severe Lack of Protection

There have been cases of abuse victims being intimidated with prolonged staring in the waiting room, as well as being forced to attend mediation sessions with ex-partners that are under restraining orders. When there are protective measures in place, why are they being ignored in a court of family law?

Many domestic violence victims complain of their concerns being sidelined and ignored by the court, dismissed as inconsequential when it comes to shared parenting, even though the children are the best weapons an abuser has to ensure access to his or her previous victims. Also, a violent or abusive person is not an ideal candidate for mother or father of the year, and it seems likely that the child’s welfare would also be in jeopardy.

Fathers’ Rights Groups

Yet Fathers’ Rights Groups have been protesting against the hostility towards protected shared parenting, calling it ‘scaremongering’ and insisting that false accusations keep fathers away from their children. Unless the accusations have been proven by court, there should be no reason to listen to abuse charges.

With 93% of residencies awarded to mothers, Fathers’ Rights Groups need all the help they can get. However, fathers stand to gain by abuse protection in the family court too, as more than 40% of domestic violence victims are male. If you can, please do contact a divorce solicitor in Liverpool, as they could make or break your case.

There have been cases where parents on the sex offender’s list have been allowed to enter a family court of law to argue their case for the custody of children. In this situation a husband had raped and duct taped a 14 year old girl and had been charged with an assault against his ex-partner. For years, he stalked his partner, before taking her to court, and it took a social services independent report to eventually deem the man as ‘dangerous to children!’ He is still free to reapply to the courts for child custody.

Produced by Denver working with Hughes Carlisle divorce solicitors who specialise in a range of other legal disciplines, providing an opinion on current topics which are affecting families throughout the country.

Categories
Claims Finance

Signs Your Loved One Might Be the Victim of Nursing Home Abuse or Neglect

nursing home neglectEvery person wishes they were in the situation where they could care for their parent when it is needed, but the truth is that most people just don’t have the time or the resources to do so. Because of this there is a large industry that caters toward caring for elderly patients who need constant observation or have pressing medical needs. Wherever there is a large industry in a certain field there will be people who pop up to exploit it, not caring for their paying clients and working only to make a quick buck. If you’re not careful, you may accidentally leave your loved one in the care of somebody who will exploit, mistreat or physically injure them. But how can you tell if your loved one is the victim of nursing home abuse? Here are some common symptoms.

Signs of Physical Abuse on an Elderly Patient

Anybody who has been around an elderly family member knows that sometimes they don’t want to be a bother, so they keep their lips shut about things they should discuss. This is true with nursing home abuse as well, especially when there is a lingering threat from the guilty party. Physical abuse can sometimes be easy to spot. Most symptoms will appear on the arms or legs, the areas where they will be grabbed or thrown from. Look for bruises, cuts, and scrapes, and keep an eye on whether or not they choose to wear long sleeved shirts whenever you visit. This can be a sign that they are trying to cover up the nursing home abuse. Even if you suspect there might be abuse, but do not have proof you can still ask for help confidentially.

Signs of Neglect to an Elderly Patient

What’s even worse than physical abuse is nursing home neglect. Elderly patients need constant care and even the tiniest of slip-ups could lead to a serious medical issue. Look for bedsores – they are signs that your loved one is spending too much time in their bed. Bedsores may indicate that nursing home staff members are not checking in on patients regularly. Dehydration and malnutrition are two major forms of nursing home neglect. If your loved one is always thirsty when you visit or seems very lethargic or pale then it may mean that they are not receiving proper meals.

Why is This Treatment Common in Nursing Homes?

Nursing home employees tend to be divided into two different categories of people: workers who have decided to dedicate their lives to this field and educated themselves, and uneducated people who needed any job they could get and took one at a nursing home. The former group tends to be higher paid and find work at more expensive nursing homes, while cheaper nursing homes in lower income areas don’t try as hard to find competent employees. This leads to a hiring process that is less than adequate, which is why it’s very important to do proper research before making the decision to put your loved one in a care facility or nursing home.

Nursing home abuse and neglect is a very difficult subject to discuss with a loved one. Many elderly people become embarrassed because they can’t physically defend themselves. This feeling of hopelessness is one major reason these forms of attacks are not reported. Bring up the topic carefully but let them know to be honest with you. Nursing home abuse and neglect needs to be reported so that the guilty parties can be punished.

If you suspect your loved one is being abused or neglected, report it immediately and seek the help of an experience legal professional.  Mariano Morales Law is composed of a team of nursing home abuse and neglect lawyers located in Yakima, Washington.  For more information about the abuse and neglect of elders, visit the website at www.MarianoMoralesLaw.com.

Categories
Child Custody Child Support Children Divorce Law Family Law

Guidelines for Being Awarded Alimony

divorceWhen two people decide that it is time for them to end their marriage and get a divorce, the idea of alimony payments is always brought up. Alimony is a monthly financial payment from one spouse to support the other after a marriage ends. Alimony payments were historically made from the husband to the wife, the idea being that the husband was the one who worked and the wife would be the one to stay home and raise children. Since the ’70s there has been a movement in the other direction towards equality, and today where many wives support stay-at-home husbands, alimony is paid both ways.  This is determined by assessing the financial situation of each person involved and after taking into account certain factors concerning the marriage. Here are the guidelines that are followed to determine who is awarded alimony after a divorce.

Determining Who Has the Ability to Earn an Income

The main factor that is taken into consideration when it is determined which person will pay alimony is the ability to earn an income. Alimony used to be easier to determine when there was only one earner in a marriage, but in today’s world it’s far more difficult. In many cases, both members of the marriage have good careers and earn their own income, but they still wish to be awarded alimony. It can be difficult to discern which party needs the extra income. When there is only one person with an ability to earn a living because the other spouse gave up a career to raise children, then that person would be the one who would be required to pay alimony. The court also takes each person’s ability to earn a future income into consideration, so if a stay-at-home wife left a successful career, that would also count.

Determining Who Has the Ability to Pay Alimony

In some cases, neither spouse earns an income, but instead live off of a passive income. Lotto winnings, a trust fund, income from investments, or savings are all examples of passive income. In these cases, the person who the money belongs to is the one who has the ability to pay alimony, even though they are not actively earning an income.

Standard of Living and Length of the Marriage

One of the big factors of a divorce is making sure each person has the ability to maintain the same standard of living that they had during the marriage. A high standard of life would need to be maintained for each person, which would result in higher alimony payments.

The amount of time the marriage lasted is also a major factor. If a week-long marriage ends in divorce, then there would not be a significant amount of alimony paid out. However, if a marriage lasted over 10 years the amount of alimony would be significant.

It can be difficult to see your marriage come to an end, but even worse is being in a situation where you give up your career and dedicate your life to one person only to end up divorced with no form of income. Alimony is designed to protect people from situations like that, and the first step to getting alimony is to know the guidelines that are followed when determining who is awarded alimony.

If you are going through a divorce and you think you will have to pay alimony or are hoping to receive alimony payments, contact a lawyer who can advocate for you.  Charles R. Ullman & Associates is a spousal support/alimony divorce law firm located in North Carolina.  For more information about spousal support, visit the website at www.DivorceLawCary.com.

Categories
Adoption Children

Things You Need to Know About Adopting a Child from Abroad

AdoptionThe process of adopting a child can be simultaneously complicated, intense, rewarding, exciting and even frightening at times. Regardless of the particular circumstances surrounding your individual adoption, there are a few key aspects of the process that, when kept in mind throughout, can help you and your family avoid complex legal and emotional issues in the near future.

Government Resources for Prospective Parents

On the official website of the United States Department of Homeland Security, prospective adoptive parents can gain quick and easy access to free, downloadable forms that are necessary in the establishment of immigration status for the child. This step is mandatory and should be carefully considered before an adoption agency is contacted.

Your choice of agency is also a very important aspect of the adoption process. If you happen to know someone who has experienced an overseas adoption firsthand, ask for information about the organization they used. Online reviews and testimonials from previous parents can help you determine which agency best fits your personality, values and lifestyle. For added reassurance, contact the Better Business Bureau and request information on accredited adoption agencies that process international adoptions.

Determining Eligibility to Adopt Internationally

Your eligibility status is one of the most critical components of the entire process. Before you can adopt a child from another country, you must be approved by U.S. Citizenship and Immigration Services, or USCIS. The information that will be requested of you in order to determine eligibility will be evaluated by a social worker or state official, depending on your state’s individual laws. References from professional and personal contacts, fingerprint checks and verification of health insurance are typically included in these home studies, as are verification of employment, sufficient income and proof of a healthy, safe environment in which the child will reside.

If your eligibility application is approved, it will be forwarded to either the United States Embassy or the government organization in charge of adoption procedures in the country from which you plan to adopt your child.

It is important to remember that, depending on the type of adoption and the country involved, the process can be incredibly time-consuming. Many individuals and couples who wish to adopt internationally find that a number of very long months and, in some cases, years pass between the time that the first pieces of paperwork are filed and the adopted child is finally scheduled to come home.

Preparation for Parenthood

During the period of time that passes between application, approval and international travel to retrieve the adopted child, adopting parents must complete at least ten hours of pre-adoption training, as according to The Hague Adoption Convention of 1993. The Convention is designed with the legal protection of the child in question, the prospective parents and the adoption agency through which the process is completed in the foreign country.

Financial Considerations

Though the joy of finally meeting the newest member of your family is an experience that you will always cherish, the lingering effects of the financial expenses involved can induce stress in even the calmest and most collected of individuals. Considering the impact of these factors before, during and after the adoption process can help make managing it far more feasible and considerably less stressful. Talk to an experienced attorney with a proven track record of success in adoption cases, set aside money for translation documents (if required) and the future costs of childcare. Gaining a comprehensive understanding of what the process entails will better equip you with the confidence and forward thinking you will need throughout the process of your child’s adoption.

 

Janet, Jenner & Suggs, LLC is a Family and Cerebral Palsy law firm located in Baltimore, Maryland/Columbia, South Carolina/Asheville, North Carolina.  For more information, please visit www.cerebral-palsy-injury.com.

Categories
Child Custody Divorce Law

Common Factors in Determining Custody Battles

child custody

Going through a divorce is a difficult time, both for the couple involved and their children. What makes it especially difficult is deciding who gets custody and how the child’s time will be divided between parents. Judges will determine a custody battle by considering what is best for the child and looking out for the best interests of the child. However, there are several factors involved that will determine a judge’s decision. Below are a few common factors that will determine the outcome of a custody battle.

The Child’s Age and Gender

The first factors that a judge will probably consider when settling a custody battle is the age and gender of your child. If a couple’s child is very young, chances are in the mother’s favor. That being said, nowadays a judge does not usually have a gender preference when determining custody. That is, a father will not necessarily get custody of his son and a mother will not necessarily get custody of her daughter. The judge will examine which parent can better provide care to a child of a particular age and gender. It is also important to note that siblings are unlikely to be separated.

The Child’s Personal Preference

The child’s personal preference is also taken into consideration. However, how much weight this factor holds will depend on the age of the child. While a 6 year old’s opinion will be considered, it will likely not hold as much weight as the opinion of a 14 year old. While it differs between states, generally when a child is between the age of 12 and 14 his opinion begins to receive more substantial weight.

The Parent’s Lifestyle 

There are a variety of factors regarding the parents that a judge will consider. First and foremost, a judge will consider which parent can best provide for their child’s physical, emotional, and medical needs. A parent’s health and their financial stability are both common factors influencing the outcome. For example, a mother who frequently moves, thereby uprooting her child’s education and influencing their grades, will not be seen as beneficial for the child. Other factors considered by a judge are whether or not any allegations of abuse, neglect or violence have ever been filed against either parent, whether any claims have been falsely filed, and how willing a parent is to let the other parent see the child. The parent who is awarded custody must be able to provide their child with the necessities of life.

The Child and Parent’s Relationship

Another one of the most important common factors a judge considers is the relationship the child has with either parent. If one parent has been more present for the child’s life so far, that parent will probably have a better chance of winning custody. Love, affection, and emotional ties are all strongly considered by a judge.

Going through a divorce is stressful enough, but the added stress of custody can make the whole situation overwhelming. If you’re headed into court to determine who gets custody of a child, remember that a judge will not make a decision on just one factor. All of the above are common factors that a judge considers. At the end of the day, a judge will make a decision that is in the best interest of the child.

If you are amidst a custody battle, you should seek a professional to help you fight for the rights of your child.   Charles R. Ullman & Associates is a team of child custody lawyers with experience advocating for children and their best interests in North Carolina.  For more information about custody battles and processes, visit the website at www.DivorceLawCary.com.

Categories
Divorce Law

7 Tips on Hiring a Divorce Lawyer

Hiring the right divorce lawyer is imperative because it’s one of the most important decisions you’ll ever make. The multiple ramifications of your choice will be both important and long lasting. Of course, finding a good divorce lawyer is a lot easier said than done. Fortunately, there are ways of making the task less difficult. Here are some of the best ideas you can use to ensure that you choose the right attorney for your divorce.

Tip #1:  Get an Outside Professional

Generally speaking, it’s best to avoid hiring a friend or relative, no matter how qualified. They are likely to have too much invested in their relationship with you or your spouse to be able to objectively pursue your best interests.

Tip #2:  Hire a Lawyer Who is Candid About Costs

Find an attorney who will be honest and upfront about how much your divorce is going to cost you. A lawyer who hems and haws or changes the subject when you ask about fees should be marked off your list immediately.

Tip #3:  Have a Written List of Questions About Your Case

Have a list of specific questions ready when you first talk to a potential divorce attorney. Find out if the person you’re talking to will be representing you, or if an associate will be handling your case. Inquire about how much experience they have in divorce cases, and ask them for an honest assessment of your case. Don’t let the lawyer squirm out of answering these and other questions, because you need this information to help you make your choice.

Tip #4:  Don’t Waste Your Time on a “Free Consultation.”

Beware of offers for a free consultation. Sometimes these are legitimate, but often they are thinly disguised sales pitches.  The best quality lawyers will charge at least a nominal fee for a consultation.

Tip #5:  Get Recommendations From Divorced Friends

Get recommendations from friends or coworkers who have been divorced recently. They may have a positive view of the lawyer they hired or they may be very dissatisfied. In either case, their opinion can be quite helpful.

Tip #6:  Avoid the Hyper-Aggressive Lawyer

Don’t hire any lawyer who offers to make your spouse’s future life miserable. You’re seeking a divorce, not a starring role in a revenge fantasy.

Tip #7:  Interview Multiple Lawyer Candidates

Last but not least, be sure to interview several candidates before making your final decision. You may wind up choosing the first divorce lawyer you interview, but compare them to several others before making your choice.

About the Author

Scott Morgan is a board certified family law attorney in Texas.  The Morgan Law Firm has offices in Katy and Houston. You can see more of his writings on the firm’s google+ page.

Categories
Divorce Law

How to Help your Kids through Divorce

(Guest post outlining some tips to help your kids through divorce)

A family breakup is never an easy situation and it’s often the children who are worst affected. If you’re going through divorce then take a look at these top tips that will help your kids cope.

Talking is Essential

Divorce can be a long process so it’s essential to talk to your kids honestly and openly throughout.

Be Truthful

Your kids have the right to know why their parents are splitting; so be honest and open. Avoid giving long and complex explanations which could be confusing. Instead explain that you and your partner can no longer get along but that doesn’t mean that either of you love your children any less.

Always say ‘I Love You’

Realising that their parents no longer love each other can be traumatic for kids, mostly because they end up feeling that they are no longer loved either. Make sure you tell and show your children that you love them every day.

Explain Changes

Divorce leads to upheaval, but big changes are made much more manageable if your kids are fully aware of them before they happen. If you’re planning a move or a big change then give your kids plenty of time to get used to the idea before you act.

Avoid Blame

In many divorce situations both parents are angry with each other and may have resentment and a lot of bad feeling. Whatever you do, always avoid criticising your partner in front of your children as it may colour their view of their parent and lead to further strife.

Be United

Most parents only want the best for their children so even if it’s very difficult try to present a united front and sit down with your children together to discuss the situation. With both parents’ support, your children are far more likely to cope effectively with your breakup.

Understand your Rights

Seek advice from a family law solicitor London so you can give your children a clear idea of what’s likely to happen during divorce proceedings, how long the divorce will take and how family access will be organised.

Categories
Divorce Law

The Rising Number of Children Forced to Take Sides in Bitter Divorce Feuds

Guest post regarding the rising number of children forced to take sides with divorces.

Divorce is never an easy process to digest for parents who have one or more children. The battle for custody can sometimes lead to aggressive behavioural patterns coming from the parents who twist the arm of their children to win them on their side. The common tactics consists of “buying off” the love and attention of children by a technique of offering them hip technical devices like cell phones, lavish holidays or trendy garments.

The main focus of each parent within the development of custody battle is often to poison the heart and mind of the children in the favour of one of them and they do so by badmouthing the other parent. This process of influencing the children for personal interest is not something that courts prefer. The solicitors who deal with harsh divorce issues know best to what extent one parent would go to denigrate the other one in order to obtain primary custody of the children.

When you are faced with the imminence of a divorce it is best to recur to certified solicitors. They can explain all that a divorce can entail and can teach you how to speak to your children about an obvious dramatic change in their lives without attempting to “brainwash” their minds and to influence them more than necessary.

Divorce is never an easy problem to deal with. Children are susceptible to adult opinions and many times they express their adhesion to the one who tried best to win them over. Statistics show that the strong actions and influence of one parent can succeed to make the child more loyal to him or her in the detriment of the other spouse.

There are documented undertakings of parents who influence especially the younger children to their benefit and this approach is very much noticed by court representatives and blamed. The number of young impressionable children who are dominated by one of their parents is rising and that can be seen in the increasing number of claims.

Divorce is often seen as a competition between parents, amidst which children are the wounded persons and can suffer the severe blows of a separation with no helmet on. Practically, this idea of influencing the children leads to a reaction coming from court officials who notice the dangerous practice of gaining the trust and love of children through somewhat abusive manners.

It is very important as parent to focus on creating a stable environment for the children and to put their best interests first as hard as that may sound. Their feelings are not a negligible matter and the main idea is to protect them and not to govern their feelings and emotions and not to poison them with regard to the other parenting partner.

In the fight involved in the divorce custody wars it is best to recur to solicitors who are specialised in a wide range of cases. They certainly can guide you through the process offering legal support, a reliable shoulder to cry on as well as pointers in how to approach your children in the attempt of being fair to them and to yourself. Divorce is imminent when the two marriage partners no longer see eye to eye, therefore, it is best to shield the children from possible conflicts and keep a normal and unbiased environment for them.

Categories
Family Law

Powers of Attorney and Living Wills Help Children Care for Aging Parents

By Rustin Duncan, Attorney at King Law Offices, PPLC

It’s a fact of life that all children dread occurring. Mom and Dad age and become sick or otherwise unable to care for themselves. Many times this means that decisions regarding care for the elderly fall on the children. emotionally draining task. However, there are legal options available to families to prepare for this season of life to make things more clear. A Power of Attorney and a Living Will are two invaluable documents that ensure the wishes of the elderly are carried out regarding their care, even when they can no longer make the decisions.

While many parents lack a living will, sometimes called a health care power of attorney it’s the most basic and important step they can take. A living will allows someone to grant another the right to make decisions regarding their medical treatment and/or set out detailed instructions regarding how they want their care to be carried out. A living will also allows one to determine if they want to be put on a ventilator, feeding tube, etc. when they are unable to make decisions on their own. The living will allows a person to let their health care agent make that decision or state if they want all live saving care or no live saving care at all.

This document can be invaluable for the kids because it can take those tough decisions off of them and understand they are simply carrying out their parents’ wishes regarding their care.

Another important, simple and effective way to ease the pain and stress of an aging parent is with a Durable Power of Attorney. A durable power of attorney is a document a person executes that gives another person, usually the kids, specific legal powers to act on their behalf regarding money and property. The Durable Power of Attorney stays in effect even when the parent no longer has legal capacity to execute such documents.

A Durable Power of Attorney allows the child to act for the parent in many legal and financial activities. Examples include but are not limited to transferring money, filing tax returns, selling assets, accessing information on behalf of the parent, and access to the parent’s bank account to pay bills for the parent.

If the parent has not assigned these legal powers to anyone before becoming incompetent, the child or caregiver must petition the court for Guardianship to be able to make these decisions or act on behalf of the parent. While the court process is there it is expensive and can take time not to mention adding another burden to an already stressful and emotionally draining experience.

It is very important to have legal safeguards in place before a parent becomes ill or can no longer make decisions for themselves. Parents and children should talk about the wishes of the parents and have a Living Will and Durable Power of Attorney executed to make sure things are clear. This can ease the minds of both parents and children and can allow families to more compassionately and effectively care for aging relatives.

Categories
Divorce Law

The Benefits of Mediated Divorce

(Guest post from San Diego divorce lawyers) When a married couple chooses to seek an end to their relationship, it may be in their benefit to consider pursuing mediated divorce. Unlike contested divorce proceedings, which can involve lengthy court battles and costly attorney’s fees, mediated divorce is a simple, relatively painless process that can help to reduce the stress that married couples may experience during a divorce.

Mediated divorce isn’t right for all couples. For those who have been involved in an abusive relationship, those who believe their partner is at fault for the dissolution of their marriage, those who have a particularly acrimonious relationship with their spouse, and others, mediated divorce may not be able to resolve the differences between the two sides. However, for many couples, a mediated divorce can have a significantly better outcome for both sides than can a court settlement.

Mediated Divorce Benefits

Mediated divorce involves both parties to the relationship meeting with a neutral third party, who acts as a mediator and helps guide their individual wishes to a mutually agreed upon divorce settlement. By giving both sides an opportunity to speak their minds and reach a consensus about the various aspects of their divorce, mediated divorce can provide a wide range of benefits, including:

  • Ÿ  Reduced costs – mediated divorces often cost a divorcing couple a small fraction of what a court settlement would cost.
  • Ÿ  Shorter timeframe – divorces achieved through mediation take, on average, anywhere between three to ten sessions, around two hours each, to be resolved. This is often much less time than a court settlement would require.
  • Ÿ  Reduced stress – mediated divorce can help to reduce the stress that both spouses may feel during the divorce process by allowing their input to help determine the outcome and reducing the uncertainty that relying on a court’s decision can entail.

Because of these various reasons, mediated divorce is often the best option available for a couple. However, mediated divorce may not be right for every couple in every situation, and in these instances, it is advisable to pursue the assistance of a qualified divorce lawyer to achieve a suitable end to the relationship.

Categories
Divorce Law

Divorce Infographic

Settling Divorce
Categories
Family Law

Parents vs. Adult Children: Granting Permission to Choose

Modern medical advances have made it possible for individuals to live well into their eighties, nineties and beyond. This extension on life, however, occasionally comes with a price. A growing senior population means that assisted care facilities are rapidly becoming a booming business, but there are times when retired parents who are now home alone may be refuse to live in an assisted living community. This can often be a heartbreaking decision because ‘home’ represents where these seniors have raised their families. It is a shrine that holds lifelong memories and cannot be replaced. Adult children see it differently, their childhood home is now a place of lonely solitude that presents many hidden dangers for their parents. There are a few strategies that an adult child can use to convince their parents that it is in their best interest to move to an assisted living facility.

Plan Early

According to advocates for assisted living in Duluth GA, planning early is one of the best methods for giving parents in a push the direction of considering a senior care facility since they will not always have the physical capacity to continue living a quality life on their own. Add to that, parents often become senile in their later years and without having taken the proper steps to plan ahead, an adult child will be in no position to help at that point should they refuse the care they need.

If adult children are proactive and speak with their parents early on, they can make the tough decisions and implement the proper steps that will ensure that they will have a much better chance of having their parent’s consent when they will need it most. Most importantly, the planning, creation and implementation of a living will and power of attorney in place is not only beneficial, it is crucial. The earlier these milestones are defined and put in place, the less likely an adult child will be met with insurmountable challenges in the future.

Seek Professional Help

Parents are often hesitant to trust their children’s judgement with regard to making a life changing decision to move to an assisted care facility. These empty nesters have raised their children, so they often still see them as such and feel that they know, better than anyone else, what is in their best interest. In a worst case scenario, an adult child can nudge their parent towards acceptance by joining forces with the medical professionals that have cared for them over the years.

When adult children and medical caretakers come together as allies, they may be able to successfully head off the possibility of having to come to the rescue of a parent. Inevitably, there will come a time when parents show signs of becoming a danger to themselves as a direct result of a mental or physical challenges that may come about which is often the case as one gets older. To have a trusted professional co-signing with adult children ensures that it is more likely that a parent will be accepting of placement in an assisted living facility.

Legally Speaking: The Final Decision

Let’s face it, some parents refuse to pass the reigns to their adult children under any circumstances. In these extreme cases, a child may have to go over their head and seek legal action as a worst case scenario. It is by no means ideal for an adult child to find themselves in a situation where they must force their parents into a facility against their will. The government recognizes everyone’s right to live as they wish, so they avoid situations involving force upon a law-abiding citizen and, as such, require just cause in order to enforce what the adult child, and cooperating powers that be, have deemed to be in the best interest of all parties involved.

It is important to note that assisted living facilities encourage seniors to take care of themselves in their later years when they might otherwise choose not to. This includes eating right, staying active, taking proper dosages of medicine, and following any additional doctor’s orders. Other allies adult children can join forces with include a trusted attorney assigned to the parent’s estate, or even the adult protective services organization, as a last resort. It bears repeating that setting up legal guardianship or conservatorship ahead of time will alleviate the need to force parents into assisted care, or anything else, for that matter. Adult children helping to make tough decisions, together with their parents, as they transition into their Golden Years should not have to use force as today’s assisted living facilities have so much to offer. The experience can, and should, be painless.

Placing a parent into an assisted living facility does not have to be a difficult task. Parents of adult children have certain rights that should not be taken away from them, and premeditated thought and consideration can circumvent a situation that could potentially become volatile. The fact of the matter is that there simply comes a time when a parent’s health and safety can only be protected if they have the necessary resources and assistance at their immediate disposal. However, there is no need to coerce or force parents into an assisted living facility. It bears repeating that if the idea of living in an assisted living community is presented early on, and in a positive manner, the transition will be a positive one.

Heather Shipp is a freelance writer and a contributing author for Dogwood Forest assisted living in Duluth GA. Known for their ability to exceed expectations and produce positive outcomes in seniors, this facility is one of 8 Metro Atlanta based assisted living communities and takes pride in measuring their success by the positive feedback they receive from residents and their family members.