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Posts tagged "Family Law"

Prenuptial agreements may not determine child custody

A well-crafted prenuptial agreement can not only provide a streamlined divorce without needless complications, it can even strengthen your marriage and keep it strong by protecting both spouses from difficult financial pressures that often sink the union. However, even an otherwise strong prenuptial agreement is vulnerable to challenges if it includes invalid provisions. Some of the most commonly included invalid provisions that may threaten an agreement address child custody and child support.

Stepchild adoption and gaining consent

Forming a family in the modern world may require a little creativity and sacrifice. In some cases, members of separate families may want to legally bind together, which is often permissible, but complicated. Commonly, a stepparent may wish to adopt a stepchild, which requires some careful planning and execution.

Understanding parenting time interference

Parents sharing custody or visitation rights almost always run into some conflicts from time to time, which is to be expected. Sometimes, however, the actions of one parent may violate the rights of the other parent to spend time with the child or develop a relationship. When one parent obstructs the parenting time or relationship of the other parent, it may constitute parent time interference, which can result in the loss of parenting privileges or even criminal charges in some extreme instances.

Prenuptial agreements have restrictions

Creating a prenuptial agreement is an excellent way to protect yourself and the one you love as you plan for your life together. While many people still assume that prenuptial agreements are only used by those with great wealth or as a back door to a marriage, making it easier to exit, prenuptial agreements feature important protections that benefit couples even if they remain married indefinitely. However, these tools have their limitations, and those who do not understand these limitations may invalidate the entire agreement with some faulty terms.

Struggling couples may benefit from legal separation

Every marriage features its own special configuration of strengths and weaknesses, and not all couples who face serious struggles may actually need a divorce. However, some couples who may not need to divorce may still benefit from some legal guidance to help them re-assess the basis of their relationship and the way the marriage functions. Other couples may find that divorce is the best fit for them, but they simply need time to prepare carefully without remaining in each other's space creating conflict.

Understanding open and closed adoptions

If you hope to adopt a child, you will eventually need to decide which style of adoption you wish to use as you grow your family. In general, parents may use either an open adoption, which allows parents greater flexibility to keep a birth family accessible to an adopted child, or a closed adoption, which provides greater privacy to families who do not wish to keep those lines of relationship open.

Are you considering adopting a stepchild?

These days, families take many shapes and sizes, and often families may form in surprising ways. One form of family becoming increasingly common is adoption of a child by a stepparent. Regardless of what leads a stepparent to pursue legal adoption, the good news is that stepparent adoption is generally simpler and more straightforward than other types of adoption.

Seeking nonparental custody of a child

Seeking custody of a child who is not your biological child poses some important challenges you must address head-on if you hope to win custody of the child you love. Custody cases can vary wildly, depending on the individual factors at play in the situation. In some instances, nonparental custody is an obvious solution for a child in great need of stability, while in many other cases, a court may believe that the child's biological parents still offer a reasonably safe and beneficial home for the child.

Can I change my child support payments if I can't afford them?

As a parent, you want the best for your child, even if you are no longer with the child's other parent. However, child support orders regularly become heavier burdens than a parent can reasonably bear. This can happen a number of ways. A court may hand down an order that is unreasonable during the initial custody dispute, or your circumstances may change, making a once reasonable order very difficult to honor.

Stepparents and legal authority over stepchildren

If you are a stepparent, you may feel that you are between a rock and a hard place when it comes to making decisions about raising the child you love. Even if you operate as the father or mother of child from day to day, his or her biological parents still retain the lion's share of legal authority over the parenting decisions.

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