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…
Golf course advertising, which is at the heart of the Bench Craft company lawsuit, is a big business. Some 25 million Americans played at least one round on a golf course in 2022. Up to 100 million more people watch golf on TV or online, read about it in the paper, or enjoy driving ranges…
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…
In a word, or actually in two words, alimony is spousal support. Specific laws and guidelines vary in different states. In general, a judge may award alimony if the obligee (person receiving payments) has an economic need, and the obligor (person making payments) has the ability to pay. Spousal support (a/k/a maintenance) is a hot-button…
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…