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!

family law attorneys

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. 

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How Custody Law Works in Divorce Proceedings

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In a divorce, one of the most emotional battles can be over who gets custody of the children.

The good news is, more than 90% of parents reach a custody resolution on their own. Despite 40% of the states awarding 50/50 custody, 79.9% of custodial parents in the U.S. are mothers.

Even if you and your spouse reach a resolution on child custody, you must meet all requirements under state custody law. This includes consideration for physical custody, legal custody, parenting time/visitation rights, child support, and medical expenses.

Keep reading for everything you need to know about reaching a settlement that meets the legal requirements of your state.

Best Interests of the Child

When making a custody determination, every state uses the “best interest of the child” standard. These are factors a judge considers when making a determination on which parent receives custody. They may vary slightly from state to state, but include:

Child’s Age

While the doctrine regarding a child’s “tender years” has been replaced by a child’s best interests, many judges believe young children should live with their mothers. This is especially significant if the mother has always been the primary caregiver. A nursing mother will definitely have precedence over a father.

Ability to Provide

You must show your ability to meet the child’s basic needs of food, medical care, clothing, etc. Do you have the ability to pay for childcare? Do you have an adequate residential location?

If one parent is awarded the family home in the divorce, the scales lean in their favor for having primary physical custody. Remaining in their home is less disruptive to the child’s life. 

Where you take up residency following the divorce is important. Is the location safe? Does the child have their own bed and bedroom?

What is your home’s proximity to the school the children attend? Are you able to get them to and from school?

The closer you and your ex-spouse reside to each other and the child’s educational and extracurricular activities makes an award of 50/50 parenting time more likely.

Moral Conduct

The court isn’t sitting on your street with binoculars to see if you are dating or have a party that runs until midnight. They are looking for clues that your behavior is not conducive to the proper upbringing of children.

Acts such as reckless driving sanctions, drunkenness, vulgarity, or a history of crime will work against you. If one parent has a relationship with a convicted child pedophile, this puts the children at risk.  

Support Other Parent’s Relationships With Children

A judge is more likely to award custody to a parent that is cooperative and supports the minor children maintaining a relationship with the other parent.

If you tend to bad-mouth the other parent, interfere with the other parent’s time with the children, or do anything to alienate the children from your ex-spouse, you will be the least favorable custodial parent.

Love and Affection

This deals with the emotional bonds between each parent and the child. This includes what parent the child turns to most for comfort and which parent the child prefers to spend time with.

If you barely had time to say hello to your children, never attend parent-teacher conferences, extracurricular activities, etc. you are not going to be viewed favorably as a custodial parent.

If you do an abrupt turnaround following the initiation of the divorce, the judge may respect your new commitment.

The judge will weigh your change of attitude carefully to determine whether you have an honest interest in being an involved parent. They will consider whether your purpose in winning custody is a form of retaliation against your spouse.

Child’s Preference

The judge may give a child’s preference consideration if they are 12 or older. The judge will speak with them privately. What the child says will be held in confidence.

The judge will determine if the child’s preference is credible. This includes phrasing questions to see if the child is being coached by a parent. They will consider whether an older child is favoring a less attentive, more permissive parent.

The judge will also consider professional reports from a child custody evaluator, child therapist, or other professionals. 

Abuse or Neglect

With more than 10 million men and women victims of domestic violence, the judge will take this into consideration. Because of the risk to your safety, the judge may order exchanges of the children to take place at a police department.

If there is concern about abuse toward the children the judge may order visits with the children to be supervised.

Types of Custody

There are different types of custody, and each may be awarded to the mother, the father, or to the parents on an equal 50/50 basis.

  • Legal Custody—the right to make legal decisions about your child, such as education, healthcare, religion, summer camp, etc.
  • Physical Custody—the parent the children live with, with joint custody the children live part of the time with one parent and part of the time with the other parent

If legal custody is joint, then parents must discuss and agree on all legal decisions regarding the child.

If physical custody is joint the parents may divide their custodial time by each having a portion of a week or alternating weeks.

Parenting Time/Visitation

Depending on the state you reside in the time a non-custodial parent spends with their child may go under the term parenting time or visitation. A typical visitation order will alternate weekends and holidays between the parents.

A parenting time order will specify the details of the exchanges. This includes when and where they take place, allowances for a parent being late, how to handle a need to change the schedule, etc.

Depending on the circumstances of your case, the court may also order a parent to have supervised visitation. This is to protect the child when visiting with the parent. The supervision will be by a mutually agreed-upon adult or professional.

Reaching a Resolution

When you’re battling through divorce and child custody, you need to set your differences aside and work toward a resolution in the best interest of your child.

Rather than take the matter to trial, the judge may order the two of you to attend child custody mediation. The hope is you will work out a resolution without the court’s interference.

If you have questions regarding the legal issues of your case, you need to speak with child custody lawyers. They will explain your rights and responsibilities in your state and what they can do to help you.

Get Custody Law Help

Family Law Attorney Near Me is a resource for finding the custody law help you need. We provide access to 16,420 professionals. Simply key in your zip code to find a family law attorney near you.

Check out our Divorce Law section for help with your device. If you have custody and visitation questions or are battling custody after divorce the law requires a change in circumstances. For custody only visit our custody and visitation section. 

Whether seeking divorce or custody we can help you find an attorney near you. Check us out today!

7 Common Mistakes to Avoid during a Child Custody Case

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Over one-quarter of children in the U.S. live with one parent, while their other parent lives in another home. This shows how prevalent divorce and child custody cases are.

If you’re a parent finding yourself in the middle of a child custody case, you may be confused about your parental rights and the uncertainty of the outcome. However, there are several things you can do to increase your chances of gaining and retaining custody or shared custody of your children.

Here’s a list of seven of the most common mistakes parents make when facing a child custody case.

To learn more about child custody and CPS when addiction is involved, click here.  

1. Don’t Badmouth Your Ex to Your Child

It isn’t fair to use your children as a pawn or to create negativity in their minds about your ex. After all, your former partner is still your child’s other parent. Your children deserve the right to form their own opinions about their parents as they grow.

Put yourself in their shoes and ask yourself how you’d feel if you were spending time with each parent and hearing bad things about one of them. It would make you feel confused and stressed, two emotions that your child does not need nor deserve during this lifestyle adjustment.

Resist the temptation to speak of your ex in a negative light when your child is present. If you must, confide privately with a friend or family member without your child being there.

2. Don’t Repeatedly Cancel Visits

Being repeatedly late for picking up your children for visits or having to constantly cancel or reschedule visitations does damage in two ways.

First, it really hurts your child. They will feel that they’re no longer a priority in your life and that you don’t care enough to follow through on spending time with them.

Children need to know they’re still loved and valued by both parents after the relationship ends. One of the best ways of giving them this assurance is to be there for them when you say you will.

Second, this behavior will make you look bad in your ex’s eyes and in the court. It will make the court think you’re not serious about making a commitment to child custody. Your ex can make a record of repeat cancellations and no-shows and use it against you in a court of law.

3. Don’t Disrespect the Court

Always respect court officials and what is asked of you. If you are ordered to take a parenting class or get help for a substance abuse problem, do it. If you are issued a temporary order, you must obey it.

Wear professional clothing when attending court and respect the judge and other court officials. Dressing appropriately shows that you take the child custody hearing seriously, and this small action will help you make a positive impression.

Never lie to the court or your lawyer. The truth always comes out eventually, and it can hurt your parental rights.

4. Don’t Be Anything Other Than a Great Parent

You don’t stop being a parent just because you’re no longer living with the mother or father of your child. So while you no longer have your partner with you, that doesn’t mean you can skimp on raising your child properly.

Be a good parent by creating a safe environment for your child when they’re with you. Any firearms that you own should be securely locked up. Any films you watch with your children should be family movies or age appropriate for them.

You don’t want to leave your children unsupervised or enforce corporal punishment. This information will get back to your ex, and it could get blown out of proportion into a domestic violence issue.

Make sure they have plenty of nourishing, healthy food to eat, and a comfortable place to sleep. Don’t abuse alcohol or take drugs. It may sound like common sense, but you always want to present yourself as the best parent you can possibly be.

5. Don’t Neglect to Pay Child Support

Don’t neglect or forget to pay child support to your ex. They can use this information against you, and you could lose visitation rights.

If you find yourself with a financial hardship whether from a job loss or emergency, do let the judge know. File a motion to make the court aware, and you may receive permission to reduce your child support until you have the funds again.

6. Don’t Take the Kids on a Trip without Letting Your Ex Know

Taking your child on a trip without your ex’s permission can quickly look like a kidnapping situation.

Always ask your ex if you can take your child on a vacation. Provide them with all of the information they need to know, such as contact info for the hotel, flight numbers, and departure and arrival times.

Doing so shows that you can be trusted by both your ex and the court.

7. Don’t Lose Your Cool

Although emotions run high in times of divorce and figuring out child custody rights, try not to get angry with your ex, especially in front of your kids. It’s especially important to avoid any kind of physical contact as that will not help your case and can turn it into a domestic violence incident.

Take a deep breathe and leave the room during a heated argument if you have to. Never threaten your ex and always try to keep the environment as calm as possible.

Winning Your Child Custody Case

Avoiding these seven child custody case mistakes will put you in good standing with the court and help you work out an agreement with your ex sooner rather than later.

If you find yourself facing a child custody case, you need a family attorney who cares about you and your parental rights. Start by conducting a search for family attorneys near you.