emancipation of minors

The Legalities: What Does Emancipation of Minors Actually Mean?

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Did you know there are about 20 million emancipated minors living in the United States today? Emancipation is a tricky subject and one most people don’t know a lot about. You may know that emancipation allows a child to become a legal adult early, but what does that mean, and why is it done? 

Emancipation of minors can be an effective way to protect them from irresponsible parents or give them the legal rights they need. Read on to learn more about this process and what it means for minors.

What Is Emancipation? 

Legal emancipation of a minor is defined as a situation in which a judge has declared that the parents have surrendered the right to care, custody, and earnings of the child and have renounced parental duties. In simpler terms, a legally emancipated minor is allowed to (for the most part) live on their own as an adult. In almost all cases, this classification requires a court hearing.

Emancipation is sometimes used to protect children with substantial incomes from untrustworthy parents. This can include child stars and musicians, as well as minors running successful businesses. But more commonly, emancipation is used to allow a self-supporting minor to continue living on their own free of parental control. 

Partial vs. Complete Emancipation 

You might be surprised to learn that there are two basic types of emancipation: partial and complete. Complete emancipation is the more common form and the one most of us think of when we hear the term. In this type, the parents are no longer legally responsible for the child in any way and do not hold any legal power over them.

In a partial emancipation, only some of a parent’s legal power over their child gets removed. For instance, a child may get emancipated for a certain period of time as a trial run or during a special circumstance. A child may also gain the legal right to keep and spend their own income as they please or to make their own decision about a pregnancy. 

Benefits of Emancipation 

The benefits of emancipation for minors are much the same as the benefits of turning 18 and becoming a legal adult the traditional way. Emancipated minors can keep all of the income they earn and can make healthcare decisions for themselves. They can also file lawsuits, sign contracts, and apply for public benefits. 

The ability to sign contracts can be especially important for emancipated minors since it allows them to sign leases or rental agreements. They can even buy homes, cars, and other large items if they can pay cash or get approval from a lender. And emancipated minors can make decisions about which school they attend for the remainder of their education.

Limitations on Emancipation

Of course, just because a minor gets emancipated doesn’t mean they automatically have the full rights and privileges a legal adult does. The primary role of emancipation is to remove a child from the legal control of their parent. But there are still some things they may not be able to do until they turn 18 or 21.

Emancipated minors cant engage in legal activities that have age limits, such as drinking, smoking, gambling, getting tattoos, or getting married. It’s also important to note that getting married doesn’t automatically mean a minor is emancipated. Even in states where marriage is legal under the age of 18, those minors will still be under their parents’ legal control unless they apply separately for emancipation.

Age Requirements for Emancipation

It will likely come as no surprise that there are age limits on the emancipation of a minor. An 8-year-old isn’t going to be allowed to emancipate, no matter how irresponsible their parents might be. Instead, child services will get involved with the case, and the child will go into the foster care system until they are old enough to emancipate or until they turn 18.

In most states, the minimum age at which you can emancipate is 16, although some states have it as low as 14. And you might be surprised to learn that some people past the age of 18 can seek emancipation. If a mentally disabled person has not been declared a legal adult because of their condition, they can apply for emancipation even after they turn 18.

Routes to Emancipation

There are several routes by which a minor can emancipate, or become a legal adult. The first and most common, of course, is by turning 18, at which point they are in charge of their own legal issues. And in some states, joining the military under the age of 18 may result in a kind of emancipation, since soldiers are legally under government control. 

In some cases, a parent may agree to give up some or all of their parental control over their child. This may be more common in situations where a minor has a substantial personal income they’re looking to protect. And finally, a court may choose to emancipate a minor in response to some misconduct from the parent.

Learn More About Emancipation of Minors

The emancipation of minors is a challenging subject since it involves giving a child legal control over themselves. Emancipation may be partial or complete and can happen in several ways.

If you’d like to learn more about the emancipation of minors, check out the rest of our site at Family Attorneys Near Me. We can help you to connect with people who know what you’re going through and are here to help. Contact us today and search our network of more than 16,000 professionals to find the right one for you.

Child Support

Child Support: Everything You Need To Know

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When two parents decide to divorce, there may be children involved who are directly affected. Child support is a type of payment that one parent makes to the other parent (or a designated legal guardian) to meet that child’s reasonable needs.

While the specific rules and regulations can differ by state, there are some general guidelines that all jurisdictions must adhere to. The topic of child support can be tricky to understand, so it’s important to know the basics.

Today, we’re taking a look at how these payments work and what you can expect if they apply to you and your family. 

Why Is Child Support Necessary?

There are many costs associated with raising a child. These include expenses related to that child’s health, education, and general maintenance. 

When one parent is required to shoulder the entire financial burden, it can be taxing and overwhelming. If a parent is tasked with providing care for a minor child who lives in his or her home, they can file for child support. In short, this is an order requiring the other parent to contribute a monthly payment to help cover the collective costs required to raise the child. 

As you can imagine, not every case goes smoothly. Divorces are emotional and personal, and requests for child support are often met with pushback and resistance. This is why each state has its own Child Support Office.

At this office, parents receive assistance on a variety of different tasks, including:

  • Opening a new child support case
  • Locating the other parent
  • Establishing parentage
  • Setting up child support payments
  • Enforcing child support orders
  • Periodically reviewing child support orders

Options for Setting Up Child Support

There are a few different ways that child support can be set up and arranged. Let’s take a look at each one. 

Separation Agreement

During a separation or divorce, parents can complete a form called a Separation Agreement. On the form, they can agree on the amount that one party will pay the other to cover the costs of child support. 

Voluntary Support Agreement 

A Voluntary Support Agreement (VSA) is a type of child support agreement that both affected parties must sign. Then, a judge will also sign it. Once that signature is added, the VSA effectively becomes a court order, which means the court can legally enforce it. 

Child Support Enforcement Agency

Your local Child Support Enforcement Agency (CSE) can serve as a resource when you want to file a child support case. They’ll walk you through all of the legal requirements and assist you as you complete the next steps. 

You’ll need to file the case in the county where the child lives or is physically present. Alternatively, you can file it in a county where one parent resides. 

Civil Complaint

Another way to officially request child support is to file a civil complaint in district court.

If you go this route, the other party will be “served” with a copy of the complaint. You can send the complaint via certified mail or arrange to have a sheriff’s deputy personally deliver it. The other party will have 30 days to provide an answer to the complaint, and they may hire an attorney for legal representation. 

How Is Child Support Calculated?

Each state has its own formula and guidelines for calculating child support. Each case is different and depends on the family’s financial circumstances. A judge will reference the guidelines to decide how much child support should be paid in each case. 

There are free online calculators that can help you estimate your monthly payments, though these are not always accurate. Most of the time, the biggest factor that affects payments is how much the parents earn. 

While some states will take the incomes of both parents into consideration, others only look at the income of the noncustodial parent. In addition, the judge will also look at the amount of time the child spends with each parent. Other factors that can affect child support payment amounts include:

  • The ages of the children 
  • If a parent is currently receiving child support or alimony from a previous marriage
  • If a parent is currently paying child support or alimony from a previous marriage
  • If a parent is responsible for children from a previous marriage
  • If a parent has an irregular income 
  • The child’s health insurance costs (and which parent is covering them)
  • The child’s daycare costs (and which parent is covering them)
  • If a parent currently has an amount deducted from their paycheck (such as union dues)
  • If a parent has a new partner who contributes to household expenses

In cases where both alimony and child support are due, the court will usually calculate child support first. Then, they will evaluate what’s left to set the alimony. 

Who May Be Required to Pay Child Support?

No matter which state you’re in, all parents are required to support their children. The only exceptions are cases where a parent’s rights have been legally terminated, or if the parent is under the age of 18. In the latter case, that person’s parents could be held responsible for paying child support until they reach the age of 18.

This applies to all children living in the United States, regardless of their citizenship or immigration status or that of their parents. 

Child Support vs. Child Custody

It’s important to distinguish between child support and child custody. While they may be intertwined, these are two separate legal issues. 

You will still be obligated to pay child support, even if the other parent/party denies you child custody or visitation time. Likewise, you can still be required to pay it even if you have a joint custody agreement in place. 

Child Support Payment Options

If the court requires you to pay child support, there are a few different ways you can do so. These include:

  • Automatic deductions from your paycheck
  • Automatic bank drafts
  • Paying online via credit or debit card

Your local CSE office can walk you through these options and help you set up any type of online payment system that applies to your case. If your case did not go through CSE, then a judge will tell you how to pay. 

Your Trusted Family Law Resource

Child support can be a complicated and complex subject to navigate. This is especially true if you’re already going through an emotionally draining and overwhelming divorce.

An experienced, qualified family lawyer can help you understand and complete all of your next steps. They’ll also be there to represent you, fight for your rights, and make sure your case is handled fairly. 

Ready to learn more and get started? Check out our page to find trusted child support lawyers in your local area! 

cohabitation

Cohabitation Rights: Property Rights For Unmarried Couples

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Cohabitation agreements are essential if you and your partner live with one another but are unmarried. Did you know that more than twelve million unmarried couples live in the United States today, and most of them are unaware of cohabitation agreements?

When you have this agreement in place, you not only protect yourself financially but emotionally as well. No one wants to have to go to court after a breakup.

Please continue reading below if you want to learn more about your cohabitation rights and what a cohabitation agreement can do for you and your partner. We will cover what you need to know about this document and who you can contact for more assistance. 

What Is a Cohabitation Agreement?

A cohabitation agreement is a mutually binding agreement that details your and your partner’s rights in the relationship. The primary purpose of this agreement is to ensure that both parties are financially protected if the relationship ends. The document can also cover provisions such as visitation rights and custody of your children. 

What Are the Cohabitation Property Rights for Unmarried Couples?

The specific rules for cohabitation property rights vary per state, but there are a few basic legal principles that are similar across the country. For example, the property laws that govern married couples who divorce don’t apply to those who live together and are unmarried unless you and your partner qualify under common law marriage or domestic partner laws.

Debt and Property Division

In a traditional marriage, the married couple share debts or assets acquired during the marriage. Of course, this can change if there is a prenuptial agreement.

If there is a prenup, the division of assets and debts will follow the agreed-upon terms on the prenuptial document. With unmarried couples, each individual is responsible for their own debts and property unless the two have a joint account or have both names on the property deed. 

Cohabitation agreements

Because no laws surround the division of property, other assets, or debt, you and your partner can create a cohabitation property agreement. You can create this document with a reputable attorney to ensure that your assets are adequately covered. 

What to include in a cohabitation agreement:

  • Who owns newly acquired assets
  • How you or your partner will manage credit cards and bank accounts
  • Who owns specific assets
  • How to distribute assets if there is a separation
  • What process will be used if there is a dispute in property rights
  • If and how you and your partner share expenses

This list is only an example of what you can list on your cohabitation property agreement. When you partner with a reputable attorney, they can help you sort out what to put on your agreement to cover your and your partner’s wishes. 

Cohabitation Agreement vs. Wills and Trusts

Even though this document lists out who owns what in the relationship, it does not cover if the surviving partner receives property. The surviving cohabiting partner has no property rights.

The only way the surviving cohabiting partner can receive property is if the deceased left it to them in a will or a trust. The other exception is if the surviving partner is listed on the property as well. If they are, then they are entitled to half of the property. 

Depending on the state you live in, you may have a right to inherit a portion of the deceased’s property if the state recognizes domestic partnerships. To be on the safe side, it is best to speak with an attorney about your options. 

What Is the Importance of a Cohabitation Agreement?

Getting a cohabitation agreement completed early in the relationship is crucial to ensure that you and your partner are financially covered if you two decide to split up. Because you aren’t married, you may think it will be easy to take what is yours or what you believe is yours and move on. That is not always the case. 

If your ex-partner believes they should own a specific piece of property, they might try to take you to court. They could also argue that you owe them money or other assets you acquired while you were together. 

In the event that your ex does try to argue that you owe them something, but you know you don’t and you have it in writing, you will have an easier time in court. Most courts uphold these documents so long as they are in writing and completed before the split. 

How To Find the Right Attorney

If you wish to create a cohabitation agreement, reach out to a reputable family lawyer who has experience creating this document. As mentioned earlier, they can help you create this document in a way that works best for you and your partner.

It is best not to assume the marital laws in your state apply to your relationship because they most likely don’t unless you qualify for domestic partnership or common law. You can speak with your lawyer about your options if you are unsure if you qualify under those two. 

Create a Cohabitation Agreement That Works

Cohabitation agreements aren’t well known because many couples assume they qualify under common law or domestic partnership laws. Not everyone meets these requirements; unfortunately, they find that out when they split up. Even worse, they learn that the property and assets they agreed to share are not really theirs because they did not agree in writing.

To ensure that you and your partner are financially covered in the event of a break-up, you may want to consider a cohabitation agreement. If you want to learn more about this document or you wish to start the process, submit your information to find the right attorney for you.

what does emancipated mean

What Does Emancipated Mean? Understanding the Process

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Turning 18 brings a lot of changes to a young person’s life, including being legally independent of your parents.

But in some cases, minors can’t wait that long and may become emancipated before their 18th birthday. What does emancipated mean?

Keep reading to learn more about the emancipation process and what it means for minors and parents or guardians. 

What is Emancipation?

Put simply, emancipation is when a minor child is released from the care and control of their parents. Minor emancipation can happen through a court order or an operation of law.

Parents or custodians of minor children have a duty to support and care for them. Along with this duty comes the right to make decisions for these minors. Minor children can’t establish their own homes, file lawsuits, or enter into contracts.

This means that parents of minors can even instruct the minor’s employer to give their paychecks to the parent.

Parents of minors have these duties and rights until the child is no longer a minor – when they turn 18 years of age. However, this isn’t the only way for these duties and rights to be terminated. A minor child can become emancipated through a legal process. 

What Does Emancipated Mean for Minors?

Minors who are emancipated from their parents gain rights and responsibilities typically reserved for adults. Here are some examples:

  • Get married
  • Register for school
  • Create a will
  • Live on their own
  • Make decisions about their own medical and dental care
  • Enter into contracts
  • File lawsuits and be sued
  • Keep their paychecks
  • Apply for Medicaid and other medical assistance
  • Apply for food and cash assistance
  • Make decisions for their children

It’s important to note that there are some things that emancipated minors still can’t do. For example, an emancipated minor can’t vote or drink alcohol until they reach the legal age. 

How Does the Minor Emancipation Process Work?

Emancipation of a minor can happen automatically by operation of law or through the emancipation process by court order. Let’s take a look at how each of these forms of emancipation works in more detail.

Operation of Law

Minors can become emancipated without having to file a petition when certain requirements are met. For example, minors become emancipated when they turn 18. They can also automatically become emancipated when they get married or are on active duty in the military.

There are two other scenarios where minors can become emancipated without having to petition the courts.

The first is if a minor is in the custody of law enforcement and needs immediate medical treatment, but their parent can’t be reached in time. This is limited to nonsurgical medical care and emergency treatment.

This type of emancipation is solely for the purpose of consenting to medical treatment. A minor’s emancipation in this situation ends when the medical treatment is completed or they are released from the custody of law enforcement.

The second scenario is when a minor is a prisoner in a correctional facility. In this case, if the parent can’t be reached, a minor can be emancipated in order to consent to preventative health care and medical care.

This includes mental health care, surgery, and dental care. Like in the other scenario, the minor is only emancipated for the purpose of consenting to receive medical care. 

Court Order

Minors can also become emancipated by filing a petition with the court requesting to be emancipated.

Minor emancipation by court order requires that minors be at least a certain age, depending on state law where they live. A judge will review the petition for emancipation of a minor and decide whether the emancipation is in the best interest of the minor.

When applying for emancipation, a minor must prove several things. If you can prove that your parents don’t object to emancipation, the process is much easier.

If your parents do object, you will need to prove that your parents aren’t financially supporting you and that you can financially support yourself. You must also prove that you can manage your personal and social affairs and that you understand the responsibilities that come with being emancipated.

Parents are still required to support children after minor emancipation, but they are not responsible for debts the emancipated minor incurs. 

Minors who have a juvenile record may have a harder time becoming emancipated. Some states prohibit emancipation for minors who are on probation or completing court-ordered punishments. Other states will require certain conditions to be met for minors with a criminal record.

Some states won’t allow anyone under the age of majority with a criminal record to become emancipated.

The emancipation process can be complicated and hiring a lawyer can help you navigate the system and make your case. 

Can Emancipation Be Reversed?

The answer is yes, but it can be difficult.

Parents and minors can petition the court to cancel the emancipation of a minor. This involves filing a petition to rescind the order of emancipation. 

A judge will cancel an emancipation order if the minor and parents agree to the order being canceled or there has been a reconciliation and the family is living together again. The order may also be canceled if the minor is no longer capable of supporting themselves. 

Do You Need Help With the Emancipation Process?

Hopefully we answered your question, “What does emancipated mean?” The truth is, that the emancipation process is complex and depends on where you live.

Whether you are a minor filing for emancipation or a parent or guardian, an experienced family lawyer can help. 

Click here to find a family law attorney near you today. 

real estate valuation

How Does a Real Estate Valuation Affect a Divorce?

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According to reports, 75% of seniors say their home is their most valuable asset. And 74% say that purchasing a home was one of the best financial decisions they ever made.

But what happens if you’re facing divorce, and have to split your home down the middle? 

Dividing assets during divorce can be a tough process, and the larger the asset the more important it is to get a fair split.

This is where real estate valuation comes in.

Getting a professional real estate valuation can be an important step when splitting assets. 

Keep reading to find out how a real estate valuation can affect divorce, and when to get one. 

What Role Does Real Estate Valuation Have in Divorce?

As we said above, real estate assets are usually one of the largest assets couples own together. Because of this, a real estate valuation is a standard procedure during divorce asset evaluation. 

By getting your joint property professionally evaluated you can move forward on how you’re going to split the asset.

However, there are times when a couple might choose to forgo an evaluation. 

A large majority of couples choose to sell their home and divide the proceeds. If you’re opting for this path, you might not need a real estate evaluation. Once the property sells, you can simply split the proceeds. 

A professional valuation of real estate assets can cost a few thousand dollars. If couples have determined a percentage split on the proceeds of the property sale, they can do this without incurring the expense of an evaluation. 

However, if one spouse wants to keep the home, they will need to pay the other spouse out for their share of the value. In this case, a professional real estate valuation is critical. 

Once the valuation has taken place, the spouse who’s opting to keep the home or property then has two choices. They can either forfeit other assets they’re entitled to in the divorce settlement, such as investments, vehicles, or other valuables—or refinance the home. 

If they choose to refinance, the spouse who’s keeping the home will then take on the new mortgage, and the other will receive a cash payout. 

How Real Estate Valuation Is Determined

There are a few ways you can get a real estate valuation done. You can either opt for a:

  • Formal appraisal
  • Comparative market analysis
  • Broker price opinion
  • Property tax assessment

Some couples also use online price estimator tools such as Zillow or Redfin. However, these are the least accurate option, and we would not recommend them. 

A formal appraisal is the best option and gives the most comprehensive results. During a formal appraisal, the appraiser will walk through and thoroughly evaluate your home. 

You can also opt for a comparative market analysis (CMA) from a real estate broker. The broker will evaluate your home’s potential selling price based on its features and how they compare to similar properties in your area that have recently sold. 

Some couples choose to seek a broker price opinion. This is similar to a CMA, but with less focus on comparative properties. Because of this, it’s usually less accurate than a CMA. 

Lastly, you can also use your property tax assessment to estimate value. However, this isn’t usually advisable. Property tax assessments aren’t updated regularly enough to reliably reflect a true market value.  

When to Get a Real Estate Valuation Done

Divorce can be a lengthy process, and it can be hard to know when is the right time to get a real estate valuation done. 

If you get a real estate valuation done early, this will give you more clarity on the value of the total joint assets. However, if one spouse is keeping the home and opting to refinance it—doing this too soon can increase their interest rate. 

Appraising too early can also trigger other additional expenses. For instance, if your property gets appraised by someone who’s not prepared to testify if your case goes to court, you’ll have to pay for another appraisal. 

Additionally, if property market values shift between the appraisal date and your divorce finalization, you might also have to get it re-done. 

However, there might be some situations where it’s best to get an early appraisal done. 

For instance, if one spouse wants to keep the home and the other needs their share of the equity to purchase a new home for themselves—the couple may choose to go ahead with splitting the property before the divorce proceedings have been finalized. 

Living together while divorcing can be very stressful and emotional, which is why some couples take this route. However, be aware that this can cause complications later on down the line if one party decides to contest the divorce proceedings. 

What to Do if There Are Disputes on Property Value

Speaking of disputes, what are your options if there’s a dispute on the value of any real estate assets with divorce?

If you or your spouse disagrees with the results of a real estate valuation you have a few choices. You can either:

  • Have two separate appraisals carried out and pick a value that’s midway between the two
  • Seek moderation
  • Allow the court to decide

If you disagree with a property valuation, we’d recommend the first option. It might cost more in the short term, but it can benefit your finances in the long run. 

Divorce can have long-term impacts on your financial health. For instance, 20% of women fall into poverty after a divorce. 

Regardless of your sex, it’s important to ensure you’re working with an accurate evaluation so joint assets are split fairly. 

If you don’t, this could impact you for years to come. For instance, let’s say you’re keeping the home and refinancing. If the real estate valuation overestimates the value of the property, you’ll have to take out a larger mortgage and meet higher payments every month. 

Do You Need Legal Help Splitting Assets?

Dividing assets is one of the areas that can make divorce complicated. If you own a home together, there’s a good chance that you’ll need to get a real estate valuation carried out to ensure a fair split. 

Are you in need of more info about the divorce process? Browse through our site for a wealth of free information and resources. 

Need legal help? Use our directory to find a divorce lawyer to defend your interests. 

divorce lawyer

7 Questions to Ask Before Hiring a Divorce Lawyer

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Marriage is considered a permanent agreement between two parties, however, in the United States, statistics show that the average length of a marriage is 8.2 years. If you are here, it is likely that you are considering divorcing your partner, or know someone who is. No one ever hopes for it to end like this, and it is unfortunate that it has come to this. 

This article helps guide you through the key questions you need to ask your divorce lawyer before taking them on board during this sensitive time. Divorce can be one of the most traumatic experiences you go through, so it is important that you have the right legal, psychological, and emotional support you need during this time. 

Let’s get started!

1. How Long Have You Been Practicing as a Divorce Lawyer?

Talk to your lawyer about their credentials, how long they have been in practice and what kind of law they have been practicing. Ideally, you want someone who has experience in dealing with various matters pertaining to family law within the state you are in. 

Keep in mind that laws vary from state to state, and you need your divorce attorney to be well versed with the local laws where your case will be heard.

Which law school did they attend? When did they answer the Bar? How often do they go to the local family courts? 

The essentials to keep in mind are: credentials, experience, knowledge, and location of the practice. 

2. Do You Know My Spouse or Their Attorney?

Next, you must make sure that there is no conflict of interest. Does your attorney know your spouse? Do they know your spouse’s parents? 

Do they know your children? Do they know your spouse’s attorney? If so, how well do they know them? 

Ask them about their relationship (if any) with anyone associated with the case and examine whether you have anything to worry about. It is generally better to do a brief background examination before you meet your lawyer, just so that in the event that there is something worth investigating, you’ll know where to press. 

3. What Is Your Philosophy for Divorce Cases and What Is Your Strategy for Mine? 

Law firms as well as individual family lawyers have certain principles that guide the way they go about handling a case. Ask your divorce lawyer what their philosophy is. 

Additionally, how do they intend to put this into practice while handling your case? What is their strategy for getting you the outcome you want? 

During this stage, you must examine how confident you feel in your lawyer’s abilities to assess and advise you on your matter.

Do they seem like they are making big promises without a lot of substance? Is their strategy practical? Does it address the needs you specified to them? 

4. Have You Handled Similar Cases Before?

Once you’ve laid out the facts of your case, make sure to ask them whether they’ve had similar cases before. If they have, how did they handle them? Consider the strategies employed in previous cases, and how the client’s interests were addressed in the outcome.

What were the outcomes of those cases? Did they all go to trial? Were there any out-of-court settlements? 

If your spouse has a difficult personality it will also serve you well to ask your lawyer if they have any experience dealing with these personality styles. For example, divorcing someone who is narcissistic is a far more difficult and volatile experience than someone who is more agreeable. Negotiating with a narcissist can be extremely challenging on its own and you need a lawyer who is familiar with these patterns to help you protect your interests. 

5. What Are My Options Considering the Facts of This Case?

While asking a lawyer for their strategy, don’t forget to insist on hearing about alternatives too. There is almost always more than one way to handle things and you need to make sure your lawyer is painting a complete picture for you. 

What is your best course of action? How many options do you have? What are the merits and demerits of your case? How is a judge likely to rule given your circumstances? Is mediation preferable, considering your interests? 

Press your lawyer on matters that are priorities to you. 

6. Will You Personally Be Handling My Case or Assigning it to Someone Else?

It can so happen that the lawyer you meet with is not the only lawyer handling your case. Make sure to talk to the lawyer about who is really representing you and which of their fellow associates will be handling your case. 

Who do you call if you have questions? Who should you expect an update from? What should you do in the event of an emergency? Who is your point of contact? 

In the event that your case goes to court, who will be representing you?

You need to be ascertained that you are getting one on one attention with your attorney, particularly when times get rough. 

7. Can You Give Me an Estimate for This Divorce?

Finally, you have a budget and you need to know that your lawyer is within your budget. So talk to them about their charges, but also make sure to question them on the other financial repercussions of the case. 

This includes alimony, division of assets, maintenance, and more. 

Talk to a Family Law Attorney Who Cares

Hiring a divorce lawyer is not an easy process especially when you are in such a vulnerable, transitional phase of your life. 

We’re here to make it selection process a little easier on you. Type in your zip code and click the search bar to immediately access qualified divorce lawyers in your area or browse through your options via state or field of practice. Schedule a few consultations with promising attorneys, ask them your questions and soon you’ll have an experienced legal professional to take some of that weight off your shoulders!

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Family Law Attorneys: How To Find the Right One for Your Needs

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Are you or someone you love looking for family law attorneys? Family law is a complex law that has the potential to change not only your life but the life of your children. In these types of cases, you want to make sure you partner with an attorney that can sympathize with you and get you the justice your family deserves.

If you are looking for a family lawyer but you aren’t exactly sure what to look for in an attorney, you came to the right place. This brief guide will cover what you need to know about finding the right family law attorney and who you can reach out to for further guidance. 

Ask Friends and Family or Check Reviews

When you are looking for answers to something, you most likely turn to your best friends or family members to provide you with guidance. They tend to have the best advice, and if they’ve previously worked with family law attorneys, they can help point you in the right direction. 

If they don’t know any attorneys they can recommend, you can ask a lawyer’s previous clients about their experience. If you can’t directly reach someone, look at an attorney’s reviews on their website. Be sure to cross-check those reviews with those listed on third-party websites like the Better Business Bureau or Yelp. 

Make Sure the Attorney Is a Family Lawyer

It is important to note that not all attorneys practice family law. Some practice criminal or real estate law, which has nothing to do with family law.

When you create your list of lawyers, make sure their experience is in family law. If they don’t, they won’t be much of a help to you. 

Meet With Your Potential Lawyers

Meeting a family lawyer in person will provide you with more insight than receiving a follow-up email or a phone call from their law firm. Most reputable attorneys offer free consultations, giving you a better idea of how the law firm is and how the attorney interacts with potential clients.

While you are in their office, please pay attention to how you feel in the attorney’s presence and around their staff. Your attorney should make you feel comfortable and safe, especially in the case of family law. You want your attorney to be empathetic. 

Accessibility of Your Attorney

An excellent family law attorney is attentive to their clients and their needs. If you can reach out attorney promptly and they are able to help you in a timely manner, this is an excellent lawyer to have.

You also want to work with a lawyer that tries to avoid legal jargon as much as possible. Your lawyer should be able to meet you at your level and provide you with information in a way you can understand. 

The location of your attorney also matters. You want to be able to get to your attorney quickly or to have them readily accessible if you need to meet with them. Although attorneys are naturally busy, if they make it a point to reach out to you to give you a case update, they are excellent attorneys to have.

Keep an Eye Out for Warning Signs

If you at any point feel off about your legal team’s processes or you notice there are red flags in their behavior, you may want to look into a different attorney. A standard red flag you should look out for is if they have no personal connection with you. Family law is delicate; you want a sympathetic attorney who can see your side and sympathize with you. 

Additional red flags:

  • Pushing deadlines
  • Big promises made to clients
  • Unresponsive
  • Distracted by phone calls or other consultations
  • Poor reputation

A huge red flag you should look out for is if an attorney provides you with confidential information about previous clients. At no point should an attorney share the details of another client’s case with you. That is a significant breach of the attorney’s client/attorney confidentiality, and there is a chance they could do the same with your case. 

Review Their Payment Schedule

In general, family lawyers are expensive. Most lawyers come with their own high prices, but the result you receive at the end of the experience is worth it. Some attorneys offer lower rates, but their work may not be the best, nor will they give you the time and attention you deserve.

When researching attorneys, ask them about their payment schedules upfront. All reputable attorneys are upfront about their rates, and they will be honest with you.

Most attorneys are willing to work with their clients in regards to payment, but that varies across attorneys. This may not be the same with certain attorneys.

Be sure to note base your decision on the attorney’s cost alone. Instead, focus more on their expertise and previous case results. 

Get the Representation You Deserve

Family law is a complicated law that deals with family relationships and what is suitable for the parties involved. Family law attorneys have the expertise and knowledge you need to fight your side of the story and get you the justice your family deserves.

Choosing the right lawyer is detrimental, especially in family law. It could literally be the difference between winning the life your family deserves or having the family unit fall apart.

In complicated situations like this, you will want to make sure you have a knowledgeable and empathetic lawyer who can best help you. If you are ready to find a family law attorney near you, check out our website today!

adopting

The Legal Process of Adopting a Stepchild

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Are you considering adopting your stepchild, but you aren’t sure of the next steps? Are you well aware of all the legal ramifications of becoming the legal guardian of that child?

Does the non-custodial parent understand their role in this process? If you are in the process of considering adopting your stepchild, there are a few things you must keep in mind and steps you must take to ensure the success of your application. Continue reading below to learn more about the process of stepchild adoption and who you can contact for more help.

Discuss Child Adoption as a Family

Adopting your stepchild is an exciting time full of several different emotions. Stepchild adoption is a monumental change as it will legally remove the child’s biological parent from their life, transform their stepparent into their legal dad or mom, and give the child a new name. This type of change is psychologically impactful for the child, so make sure you speak about the decision thoroughly before making your final decision. 

The biological parent must agree to give their legal rights over to the newly named legal guardian. It would be helpful if all parties attended family counseling to understand what comes with legal adoption fully. This will also help ensure that the child is also on board with what is going on. 

Understand the Legal Ramifications of Adopting Your Stepchild

As mentioned above, going through this process will legally remove one biological parent’s right to the child. Other legal ramifications come with adopting your stepchild. Consult with a family law practice attorney to help ensure everyone understands these legal responsibilities. 

Biological Parent’s Rights 

The biological parent must know and understand that once this process completes, they will no longer be considered the child’s legal guardian. Instead, that whole responsibility falls on the new spouse. If you divorce, the new spouse has the right to custody and visitation. If you decide to remarry and want the new spouse to adopt the child, you must seek consent from the adoptive parent, not the child’s biological parent. 

Legal Responsibilities

The new adopting parent takes on the responsibilities and legal rights associated with being this child’s parent. This also includes child support. If you and your partner divorce, the adoptive parent pays for child support, and they have the right to a share of the estate. 

Previous Inheritance

Any inheritance from a previous family goes away once the adoption goes through. The absent other relatives and grandparents of the adopted child can still make voluntary gifts, but they are not obligated to do so. Anything they set aside for the child before giving up their rights to the child is null and void. 

Assemble Your Documents

Once all parties are well informed of the ramifications that come with adopting this child, it’s time to prepare for the adoption process! At a minimum, you will need a copy of the child’s birth certificate and your marriage certification. If the absent parent is no longer alive, make sure you get a certified copy of their death certificate. 

If the non-custodial parent is alive, you will need to get their up-to-date address to serve the petition. If you don’t have the address, make sure you do your due diligence and try to look up their information.

This includes online searching, contacting their family, and looking through available directories. If you hire an attorney, they can do that groundwork for you. 

Consider Hiring an Attorney

Although you don’t have to hire an attorney to go through the adoption process, it would be best if you at least reached out to one for more information. If the non-custodial parents have no issues signing over their rights or are no longer alive, the adoption procedure is relatively straightforward.

If there is pushback from the other parent or a complicated situation, you should consult counsel. They can review your case for free before taking you on as their client. 

Research Adoption Fees

Each state schedules its own adoption fees that you must pay to the court to adopt your child. For example, in California, the adoption fee is only $20, whereas, in Texas, it’s $300. Payment is due at the time your file the petition. 

Other applicable fees:

  • Criminal history checks
  • Attorney’s fees for the child’s attorney
  • Court-mandated counseling
  • Fees for the new birth certificate

In general, it costs around $1600 to $2700 to adopt a child, depending on your state. If you have trouble paying for some of these filing fees, you can reach out to the court for assistance. The court will review your income and assets to determine whether you qualify to waive fees. 

Complete Your Petition

If you plan to adopt more than one child, you can adopt them all simultaneously with the same petition. Make sure that you complete the petition as best as you can. If you miss any details or use the wrong form, you could delay the adoption process. 

Unless you have legal training in writing a petition, you may want to seek the help of a family law attorney. They have experience writing those petitions, and they will make sure you submit the right documents. 

Start the Adoption Process

Nothing is more exciting than adopting a stepchild that you love and have made an impact on. Although those emotions are high, wild, and exciting, you will want to familiarize yourself with the legal ramifications that come with taking legal ownership over a child.

As long as all parties understand their role in the adoption process, it will go smoothly. Even if there is strife and conflict when adopting your stepchild, there is no need to worry; you can rely on the help of an attorney to get you through it. Contact us to find a family lawyer near you. 

cohabitation

How Does Income Impact Child Custody?

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It’s no secret that divorce is stressful. In fact, it’s one of the top five most stressful life events. What makes it even more difficult, however, is when child custody issues are involved. 

Fighting your ex-spouse in court for custody of your child or children can be time-consuming, expensive, and emotionally draining. There are many factors that impact child custody, and income is one of them. However, the impact of income on child custody isn’t necessarily simple.

Read on to learn more about child custody and how the income of both parents can impact it. 

What Impacts Child Custody? 

Every state has its own laws when it comes to child custody. For the most part, though, each state considers similar factors when determining child custody. Common considerations include: 

  • The age of the child 
  • The child’s wishes (if they are old enough to share their wishes)
  • The parents’ ability to communicate and co-parent
  • The emotional stability of each parent
  • Any history of domestic violence
  • Substance abuse from either parent
  • The amount of time the parent spent with the child before the separation 
  • Educational opportunities for the child 
  • Mental and physical health of each parent 
  • Who the primary caretaker was before the separation 

Overall, the courts are typically concerned with the best interests of the child and will make a custody decision based on that. 

Income and Child Custody 

The impact of income on child custody is complicated. Simply having more money or having a higher salary than the other parent does not automatically mean you will get custody of your child. 

While you will have to support your child financially whether you are the custodial parent or not, your income is not going to impact whether the child is placed with you or not. Instead, all of the factors above are considered when determining which child the parent should reside with. 

Income and Child Support

If you are the non-custodial parent, you will be required to pay child support to the custodial parent. Every state does things a little differently, but there are three main models for determining child support payments. 

The income shares model is used in 41 different states and this model assumes that the child should receive the same proportion of parental income from the noncustodial parent that they would if the parents still lived together. 

The percentage of income model awards the custodial parent a percentage of the noncustodial parent’s income. The income of the custodial parent is not considered. There are six states that use a form of the percentage of income model.

The Melson formula is a type of income shares model and the goal is to make sure that the basic needs of the parents, as well as the child(ren) are met.

If you are in a state that uses the percentage of income model, making more money could mean you pay more in support. However, if you and the noncustodial parent earn similar salaries and custody is split 50/50, the court may determine that no child support is necessary, as you have equivalent incomes and spend an equal amount of time with your child.

Child Support and Unemployment

If you are a noncustodial parent and you lose your job, you’ll still be required to contribute to your child’s financial support. The child support order is still in effect even if you are unemployed, but you may be able to pause those payments. You’ll still owe them once you get a job (and often with interest). 

If you file for unemployment benefits, you should tell the unemployment office that you have a child support order and they will deduct child support from your unemployment amount. You may also have to pay a bit more in support once you are employed again to make up for the missed payments.

If you are “voluntarily unemployed” (for example, you quit your job), you are not off the hook for child support. The court will determine your imputed income and assign you an income based on what you could have earned if you were working. Then, they will base child support payments on this amount.

Income Disparities

If you’ve been the primary caretaker of your children and as a result, have not worked outside the home, you may be worried that your spouse will get custody of the children because they have an income and you don’t. The courts will consider this, though, and will treat your role as a caretaker as an actual job.

This is where child support and spousal support come in. If you have been a stay-at-home parent for many years, your ex-spouse may be required to pay you spousal support for a period of time. Because you voluntarily gave up your income to care for your children, the courts will not punish you for that. 

If the courts award primary custody to you, you’ll also likely be granted child support. Just because your spouse has an income and you don’t is not enough to award them primary custody, especially if you were the main caretaker of your children while your spouse worked.

Child Custody Decisions

Determining child custody can be a difficult time for parents, children, and the courts. There are many factors that impact child custody decisions that the courts must weigh in deciding what is best for the child.

If you are engaged in a custody battle, you should consider a child custody attorney. They can represent you in court and help fight for your children. A family law attorney can help improve your odds of obtaining custody of your children even if there are income disparities. 

Our site has many other helpful family law guides as well as information about divorce and how to proceed with a separation. These resources can help you navigate this stressful time in your life with informational support. 

unemployment and child support

Unemployment and Child Support: The Key Facts You Need to Know

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Going through a period of unemployment is never easy. If you’re trying to make child support payments while looking for a job, it can be especially stressful.

You may be wondering how you will pay child support while unemployed and how this will affect your existing order. A job loss doesn’t change your child support obligations.

To do that, you must file to modify your child support payments. If you’re facing this situation, it’s important to know your legal rights. 

Here are the facts on unemployment and child support.

Unemployment and Child Support

If you’ve recently lost your job, you may wonder if you have to pay child support while you’re unemployed. 

The answer is a definite “yes.” Your financial obligations do not change or end if your job status changes. You’re still expected to honor your child support order and pay each month.

When you miss a payment, you still owe that amount plus interest. If you get behind on your payments, you could incur additional fees or even jail time.

The courts are not favorable to someone who evades their financial responsibility to their child, whether it’s intentional or not.

Reason for Unemployment

The reason you are unemployed is important if you hope to modify your child support payments. If you left your job without another job in place, your voluntary departure prevents you from receiving a modification of your payment amount.

You can only seek a modification if your unemployment is a result of a sudden or involuntary circumstance.

Child Support Modification

If you’re unemployed and can’t make your normal child support payments, you can request an adjustment to your current child support order. The court bases new child support amounts on your ability to find a similar paying job.

They use your past employment record as a benchmark to determine your potential future earnings. The court refers to this amount as “imputed income.”

The dollar amount depends on a parent’s opportunity, ability, willingness to work, and earning capacity. This is based on skill set, education, past jobs, and other relevant information.

When the unemployed parent is seeking another job and willing to work, the court makes an educated guess regarding future salary and then sets the imputed amount. If the court finds insufficient evidence, they may impute the child support amount to minimum wage.

Each child support case is unique and based on the parents’ particular circumstances. When a non-custodial parent falls on difficult financial times, they should inform the court right away.

You cannot change the amount of child support you pay without seeking a modification. You should contact a qualified family law attorney to help you file a modification. The sooner you start the process, the better. 

Child Support and Unemployment Benefits

First, if you are unemployed, find out if you qualify for unemployment benefits in your state. Be upfront about your outstanding child support payments.

If you’re eligible for unemployment benefits, the state can deduct child support payments from your benefits. If you’re ineligible for benefits because you are underemployed or avoiding employment, the court will defer to your imputed income to calculate child support payments.

The court strongly recommends that individuals with child support obligations find a job and communicate with the court while seeking employment. Once you gain employment, continue your child support payments until they can be deducted from your wages.

Your payment amount may increase to account for the time you were unemployed.

Work With the Court

If you feel your child support payments are too high for what you’re earning, don’t ignore the problem. The court will expect proof that your financial circumstances have changed and you cannot afford to pay the same amount.

It’s best to stay as current as possible on your child support payments and continue to work with the court for a resolution. Child support and child custody are typically based on what’s in the best interest of the child.

Defaulting on child support payments can have long-term consequences. It’s important to be proactive if you lose your job or find yourself unable to pay your monthly child support payment.

Get Legal Help

If you’re facing unemployment, you may find it hard to make ends meet, including paying child support. When you can no longer meet your child support obligations, it’s in your best interest to contact a qualified family law attorney as soon as possible.

A family law attorney understands the complexities of family law, child custody, and child support. Your attorney can help you file for a modification of a child support order. 

No one should have to face the hardships of unemployment and the worries of providing for their child alone. Your attorney can help you understand your rights and navigate the legal process regarding paying child support while unemployed.

Find a Family Law Attorney Near You

Being unemployed is a difficult dilemma to face. When you have child support obligations to meet, it only compounds a stressful situation. 

Losing your job or facing a reduction in pay does not affect a child support order. You’re expected to pay the same amount unless the court grants a modification.

Facing a loss of income and mounting child support payments can be scary and overwhelming. A family law attorney can help you understand the laws regarding unemployment and child support and help you find the best resolution for you and your child.

Don’t try to go it alone. At familyattorneysnearme.com, we can help you find a family attorney in your area or connect with others who understand what you’re going through.