Usually, a law guardian is a courtroom advocate also known as an attorney ad litem. That’s the answer to what is a legal guardian and the kind we’ll focus on in this post. A legal guardian could also be an everyday caregiver. This individual serves in loco parentis, usually if both parents are dead or…
Termination of parental rights and sole legal custody are separate legal matters. However, they both rest on the same foundation, which is the best interests of the child. Note that the best interests of the child aren’t always the same as the best interests of the parent. More on that below. That being said, in…
In today’s legal system, if the father signs the birth certificate does he have rights? Before 1979, a father who signed the birth certificate had almost no legal rights. Mothers had full legal custody. Fathers could see their children or have input on important matters, like where the children attended school, only if the mother…
First and foremost, what happens if the non-custodial parent misses visitation? Well, the children suffer. Broken promises hurt children. So do erratic schedules (e.g. Mom said she’d pick me up from school and she didn’t). Additionally, and this reason is legally significant, if the non-custodial parent misses visitation, that parent violates a court order. Many…
Judges often award full custody of a child to a mother, especially if the parents aren’t married at the time. Unwed mothers give birth to 40 percent of the children in the United States. The proportion is much higher in some states and in some communities. Shortly after World War II, the Supreme Court ruled…
Despite its disadvantages, legal separation, in one form or another, is an option in over forty states. So, although the disadvantages of legal separation are considerable, it’s obviously a good option in some cases. Additionally, if a state doesn’t allow legal separation, many couples sign separation agreements that may be enforceable in civil court. So,…
Technically, yes. Men can get alimony in all U.S. states. The Fourteenth Amendment gives everyone, men and women, the same legal financial rights. That includes the right to get alimony. But, it’s not that simple. For many years, family courts unabashedly favored women. For example, between the 1880s and 1950s, courts almost always gave mothers…
Yes, alimony is taxable. This principle is well-established, but the rules change frequently. In the early 1970s, when the divorce rate went through the roof, many people avoided paying taxes on alimony by classifying it as a “property settlement.” The IRS quickly closed that loophole, and most states closed it as well. Then, from 1975…
Legal separation vs divorce is a personal choice, just like marriage vs. cohabitation is a personal choice. No one, least of all a family law attorney, can tell you which choice is “best.” However, an attorney can lay out the pros and cons of each choice, which is what we’ll do in this post. As…
A parent without legal custody has child visitation rights, at least in most cases. That’s the short answer to what rights does a parent without legal custody have? Many parents make bad decisions about their own lives, as well as their childrens’ lives. The judge awards limited or no legal custody (power to make decisions…