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Posted on : May 21, 2019
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Posted on : April 17, 2019
Known as “prenup”, a prenuptial agreement is a contract on paper created and signed by two individuals before they marry each other. This document enumerates the assets and liabilities of each person. It also breaks down the property rights of each when the marriage ends.
Some states call the prenup an antenuptial agreement or a premarital agreement. The contract of the same nature made while the couple is still married is called postmarital, marital, or postnuptial agreement.
Uses of a Prenup
Many people think that prenups are only for rich people. The truth is that this kind of document has the following uses:
• Clarify your rights to finances
• Pass on the individual property to kids from past marriages
• Obtain debt protection
• Prevent arguments in case divorce sets inWhen should the couple make and sign the prenup? What if the couple’s relationship is already veering towards divorce? Is it too late to sign the agreement?
Bezos V MacKenzie
Back in 1993, Jeff Bezos was wed to MacKenzie Tuttle. Back then, he was a successful employee at D.E. Shaw & Co. hedge fund. A year later, Bezos launched Amazon. Now, Amazon is a company worth trillions of dollars. Bezos’ total net worth has grown about 150 Billion USD. Then, the announcement came—Bezos and MacKenzie are getting divorced.
Bezos was wondering if his company or net worth will be affected significantly by the divorce. He also asked if it was too late to late for them to sign a prenup.Before the Chaos
Since it is a prenuptial agreement, it is a document that must be accomplished before nuptials. Once the wedding ceremony is done, it’s already too late to sign the prenup. The only question left to ask is what happens if you don’t have one.
Bezos and MacKenzie still live near Seattle. Based on Washington’s marital property laws, the couple owns together almost all the property they acquired during their marriage. When the marriage ends, all their properties will be divided equally, once they divorce.
The joint properties concerned are the following:
• Properties acquired with the use of community funds
• Earnings the spouses earned independently during the marriage (includes retirement benefits, investment interests, or capital gains)
• Properties acquired with the earnings during the marriageThe properties in question include Bezo’s interest in Amazon and everything he bought with the income from running Amazon. After the founding of Amazon back in 1994, she did the accounting for Amazon. According to Reuters, Bezos credited his wife for supporting him during the company’s launch. Even if MacKenzie doesn’t have any shares of stocks in Amazon, she could be entitled to half of her husband’s stocks in the company. The said stake is 16.1%, equivalent to 130 Billion USD.
If they signed a valid prenuptial agreement, MacKenzie might have limited access to Jeff’s assets.
Finality
If there is no prenup or postnup, a 50/50 split would be fair. A postnuptial agreement is rarer than prenups but it can definitely settle issues on debts, finances, and assets. Presently, it is becoming a common choice for divorcing couples. If they talk about it, Bezos and his wife could end up with an agreement from 1993 to the present.
They should create their settlement contract during their divorce because if they don’t, Washington’s community property laws would have to enter the scene.
You could still settle property issues while your marriage is still in effect. Doing so could save you a lot of trouble, especially when it comes to finances. If you think your marriage is on the verge of going through separation and divorce, it is best to talk to each other first and then to an experienced family law attorney.
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Posted on : April 16, 2019
Consider the case of twins—one four minutes older than the other. Could they be citizens of two different countries, even if they have the same mother? The children were not even born in separate countries. They are not even separated by birth. Well, the U.S. State Department said that the twins’ DNA was a bit different. One twin’s father was not a U.S. citizen while the other man was.
Yet, when the case was taken to the federal court, the judge ruled that citizenship cannot be determined by genetic material. The case ended with the twins both granted U.S. citizenships.
The USCIS
According to the U.S. Citizenship and Immigration Services (USCIS) [Volume 12 (Citizenship & Naturalization) Part H – Children of U.S. Citizens, Chapter 1 – Purpose and Background], the laws of the United States grant citizenship to children side from being born in the country. People born to an American parent or parents outside the United States may derive or achieve U.S. citizenship at the moment of their birth.
People may also be declared U.S. citizens through their American parents after they are born but before they turn 18. At one time, the procurement of citizenship is associated with the people who became American citizens at birth. Also, derived citizenship was granted to those who became American citizens after they were born because of a naturalized parent.
Generally, the prevailing laws on nationality only deal with the acquisition of American citizenship for people who undoubtedly become American citizens at birth or after birth. A person should meet the requirements in defining a child at the time the citizenship is acquired and should be below 18 years old.
The law at birth determines whether a person born to an American parent(s) outside the U.S. is truly an American citizen at birth. These laws need a consolidation of at least one American parent present during the child’s birth and having resided in the U.S. for a certain period. Also, children born in another country may also become U.S. citizens after they’re born.Before the Act of October 10, 1078, Americans who were born abroad and acquired citizenship through one American parent had to meet requirements of physical presence to retain their U.S. citizenship. The said legislation removed the retention requirements. The Child Citizenship Act (CCA) removed one of the provisions and then amended the other. As a result, it is the only means for children under 18 years old in the U.S. to acquire citizenship automatically after their birth.
The Case of Fathers and Twins
The father of the twins is both male—Andrew Dvash-Banks and Elad. Andrew is American, while Elad is Israeli. They agreed to use surrogate to have their twins, Ethan and Aiden. The couple was already married when the boys were conceived and born. The twins were conceived through the eggs of an anonymous female donor and their own sperm. Andrew’s sperm was used in the Aiden’s conception, while Elad’s sperm was used in Ethan’s. The surrogate mother carried the two boys in her womb and birthed them only seconds apart in Canada, September 16, 2016. Andrew and Elad are the only known parents that Aiden and Ethan have. Canada recognizes the couple as the twins’ only parents the moment they came into this world.
When it came to citizenship, the twins were not treated equally. Based on the Immigration and Nationality Act, children born locally or abroad to American parents are given American citizenship automatically. When the couple revealed the specifics of the assisted reproduction, Aiden was granted his U.S. passport. Ethan did not get his.Citizenship and Parents
Thankfully, a federal judge, U.S. District Judge John F. Walter, in the state of California ruled the inquiry irrelevant. Judge Walter ruled that in the Immigration and Nationality Act, there is no language that requires blood relations between the father and the child so that citizenship could be granted at birth. The marriage of Andrew and Elad was enough to determine the true citizenship of the twins.
Andrew and Elad fought for their family. This issue, if it remained unresolved could mean the separation of their family, in case they should leave Canada. It is vital for families to know about cases like this. Talk to your reliable family law attorney to help you resolve problems similar to what was discussed.
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Posted on : March 8, 2019
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Posted on : February 14, 2019
It is a sad day when a marriage ends. Yet, there may be some good despite all the hurt because it is possible for the courts to award spousal support or alimony to the former wife or husband. It may be granted based on the court’s decision or the agreement between the former couple.
How Alimony is Important
Spousal support aims to limit the unfair negative economic effects of the divorce process. It provides a regular income to a spouse who earns a lower wage or a spouse who doesn’t earn at all. This is justified by the other spouse’s decision to refrain from pursuing a career to care for the family. The said spouse would then need time to develop the necessary job skills to support herself or himself. Another reason for support is to help the economically challenged spouse to continue the lifestyle during the marriage.
Determining the Amount
Various courts have different discrete factors in determining whether to award spousal support or not. If it is to be granted, the courts also decide how long the other spouse will give the support and how much it would be. The UMDA (Uniform Marriage and Divorce Act advises the courts to consider these factors in deciding on alimony cases:
• The payer spouse’s ability to pay alimony and still support herself or himself
• The marriage period
• The emotional state, age, financial condition, and physical condition of the former spouses
• The standard of living during the marriage
• The period for the recipient spouse to become educated and trained for self-sufficiencyPeriod of Paying Alimony
The courts consider alimony as rehabilitative they order it as long as the recipient spouse still needs training for self-sufficiency. If there is no alimony termination date indicated in the divorce decree, the support payments should continue until the courts order it to end.
Most alimony awards terminate the moment the recipient spouse remarries. It doesn’t necessarily end when the payer spouse dies. The courts may order support payments from the payer spouse’s life insurance or estate proceeds.Changing Trends
Decades ago, the courts awarded spousal support to former wives because the husbands used to be the sole breadwinners of families. In modern family culture, most couples establish two-wage earning families, in which men are more suitable primary parents and women are less dependent on their husbands. The number of cases in which wives pay alimony to their husbands is increasing dramatically.
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Posted on : February 4, 2019
When things are not going so well between a married couple, they should start thinking about the welfare of their children. Separation of the parents usually results in having to make choices. These include the often confusing process of where the children should stay. To avoid the stressful and traumatizing court hearings that could settle the matter, many parents resort to child mediation. Below are some of the reasons why disagreeing parents choose child mediation:
Divorce is filled with conflict. It can leave a negative effect on children who see their parents go through the process. As the fight goes on, the children are often caught in the middle. Through child mediation, the situation becomes a lot easier for the children because here, the parents cooperate in deciding what’s best for their kids.
There is no one to blame in child mediation. When parents always argue and blame each other, they become ineffective in caring for their children. In child mediation, there is a child mediator, who looks out for the welfare of the children. Through the mediator, the parents eventually agree on a parenting plan for their children. Whatever the result may be, no one blames each other because the decision is made by both parents.
Child mediation is classified as non-adversarial. Mediation for child custody is a collaboration that aims for what’s best for the children. This process is unlike the process of divorce, which is usually a fight between the couple. Child mediation concentrates on what is best for the kids. This process intends to come up with a good parenting plan enabling both parents to be present in the lives of their children. If things do not go smoothly, everyone must go to court.
Child Mediation reduces conflict and stress. Stress is terrible when the conflicts heighten during a divorce. It usually leads to lack of concentration, diminished patience, and inadequate sleep. Child mediation lowers the stress by making the parents forget their conflicts whenever they work on the parenting plan for their children. This prepares a brighter future for the children.
Every disagreeing married couple should stop and look at their children first. Through child mediation, both parents can make sure that their children won’t suffer even if their marriage ends. -
Posted on : February 4, 2019
Families differ from each other. Sometimes, there are families that must divide to function the right way. This leaves the family to undergo child custody procedures. Both parties struggle to fight for their right to raise the kids. Below are some pointers to remember if you truly want to win the child custody case:
- Exercise your rights as a parent. Take advantage of visitation rights once they are granted to you. Do your best to spend time with them. While doing so, make sure they stick to their routines like chores and schoolwork.
- Be willing to cooperate with your ex-spouse. There have been cases in which the parent lost child custody because they are not willing to work with the other parent. Even if you dislike your ex, that person is still part of the lives of your children. You must exert effort in showing the court that you are willing to work with the other parent for the well-being of the children.
- Request an “in-home custody evaluation”. If you are concerned that your ex would say negative things about your home life with kids, request this evaluation. This will be helpful to the court during their evaluation of your performance.
- Learn about family law. Know more about family law, particularly about child custody laws. This way, you will know what to anticipate.
- Remember that perception is everything. It is difficult to digest that it truly doesn’t matter if the things being said about you are true or false. In a custody case, the most important thing is what the court believes. Exert your best effort in presenting yourself as a loving, competent, and hands-on parent. Examples of such efforts are dressing properly, practicing proper etiquette in the courtroom, and being on time.
- Work with a credible and experienced lawyer, specializing in child custody. A free consultation is enough for you to gain information about your possible options, even if you don’t have the money to hire a lawyer.
Child custody battles are exhausting, challenging, and expensive. If you want to win it, follow the given tips. Also, talk to your lawyer for more information about what you must do to be with your kids as they grow up.
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Posted on : February 3, 2019
Sometimes circumstances can change within a family setting. If you’re a grandparent and are worried about being unable to see your grandchild(ren) you should know that you have the rights. Separation, divorce, and death are life-altering changes and can affect your relationship with your grandchildren. In some cases, you do have legal rights as a grandparent.
There are times when a grandparent, in the state of New York, has the right to request court-ordered visitation.
This can happen when:
- The grandparent has a substantial relationship with the grandchild.
- The parents of the child are interfering with marked efforts by the grandparent to maintain a relationship with the grandchild.
- One or both parents have died.
Grandparents rights apply only to biological or adoptive grandparents. This right does not extend to other relatives or great-grandparents.
You may have questions about what you need to prove in court in order to be granted court-ordered visitation.
One of the things that you must have is called the “burden of proof”.What does “burden of proof” mean?
This means that you must have the sufficient evidence to back up your request for court-ordered time with the child or children in question. You must prove that ordered visits are in the child’s best interest.
Once you have established that there are legal grounds for your visitation you need to then give reasons why spending time with the grandchild is in their best interest. Things that are considered are:
- The child’s age.
- The distance from your home or visitation site and the child’s home.
- The child’s wishes. (If the child is old enough to express their personal preference.)
Etc.
The court will likely assign an attorney to any children in this case. The attorney for the child(ren) will then represent the child and what actions are in the child’s best interest.
How do you start the process?
It all begins with a petition which is filed in court. This petition is typically filed in the county where the child involved resides.
For more information on the process of grandparent’s rights, please contact our office. In many cases, grandparents do have a legal right to see their grandchild.
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Posted on : February 1, 2019
Child Custody Laws differ from state to state. You need to check with your state’s laws to get the most current information. When it comes to child custody Laws, there are a few states that have all the procedures laid out for the separating parents and there children. The judges must follow these guidelines to assist in determining the custody of the children during and after a divorce.
There aren’t many federal laws that apply to children’s custody, with the exception of transporting across different state lines. States do have differing laws that deal with jurisdiction between other states, but not all states have this understanding however. So if one parent lives in one state and the parent and children in another, the state where the children reside will have more influence. Of course you must take into consideration which state the separation and custody papers where filed.
Child custody Laws are designed with interest of the children as the first priority. Child custody laws are designed to prevent custody going to abusers of drugs or alcohol. Laws are also in place that prevents the children from going to an environment where there is clear mental or physical abuse. Most states prefer joint custody between the parents, where both parents can be a functional part of raising the children. The parents would share both physical and legal custody of the children.
It’s really important to understand these two distinctions in the Child custody laws. Physical custody is where the children are residing. When a child lives a large portion of time with one parent, that parent has what is known as physical custody. Often times during the summer months children leave one parent to live in the house of the other. During those situations physical custody moves from one parent to the other.
Legal custody is the right and responsibility to make important decisions regarding health, education, and well being issues. Often both physical custody and legal custody are with the same parent, unless the parents have joint custody. During those situations the court may decided that where the children reside at the time that that parent can determine what is best for the children at the time. However is would be wise to have a consensus between the parents.
Again, research the child custody laws of your state or province to determine what the best solution is for you during these trying times. Always have the children’s best interest when making these decisions.
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Posted on : January 21, 2019
Child custody has always been a sensitive matter for parents and children. The couple often discusses it when the pressures, conflicts, and emotions are very high.
Parents and children usually become very overwhelmed by the idea of not living together anymore.
Child mediation is the best solution to come up with a parenting plan for the children’s future. If you are considering child mediation, the following are some tips to help you prepare for this process:
• Make a list of your concerns. Start preparing by writing down all the matters you would like to talk about during the mediation process. Also think about how you would like to resolve these issues. By making a list, you organize your thoughts. This enables you to cooperate and negotiate with a clear head.
• Gather enough evidence. If you fear for your children’s safety or worry about their well-being, gather documents that can support your claims. More evidence can shorten the discussion.
• Get the sample custody schedules and agreements ready. Before the mediation starts, you should know what you really want from the process. Do you want a joint custody plan, or do you want the kids to stay with you more? Create a sample plan that includes the days and times the kids will stay with you and with their other parent. Consider the kids’ school schedules, holidays, functions, and vacations. Understand that the sample schedule you prepare will still change because of the compromises you must make.
• Stay calm about the process. Disagreements and confrontations are expected to happen during the mediation process. To have a successful child mediation, you should remain calm. This is the only way you and the other parent could come up with a final parenting plan that benefits everyone. Practice breathing exercises. Though it can be very frustrating, do your best not to lose your temper. Just be willing to make compromises and keep your mind open.
• Talk to your lawyer. Tell your lawyer about your child mediation plan. Even if your lawyer cannot come with you during the mediation process, he or she will be able to come up with a good strategy. Child mediation can be grueling for the parents and the children. Make sure you remain collected.
Always keep your children’s well-being in mind and by the end of the process, everyone will go home happy.
If the child or children in the home is threatened by domestic violence or kidnapping, the spouse could seek emergency child custody for any of the affected children. The said spouse must file a request an order of protection or restraining order.
The Steps
Here are some of the steps in proving the case in which the child or children is, indeed, in need of protection.:
• Consider the effects the situation will have of your children.
• Acquire the help of a private investigator to provide more evidence against the known aggressor.
• Contact a lawyer.
• Have the aggressor removed from the home.
• Take the children and move out.
Elaborating the Possible Dangers to the Court
The parent who is always the target of domestic violence and threats should be prepared to explain the situation in court. This is helpful in proving the case. The victim’s lawyer would then have a compelling argument, which can persuade the judge. The victim would still need to give a valid reason for a restraining order or order of protection and emergency custody.
Know the Potential Dangers
The aggressive parent may take the children before the other parent can make a move to stop the act. The concerned parents should then talk to a lawyer and local police because this counts as parental kidnapping. The aggressor could take the kids to a secret place for an unknown period, without communication or permission. When it comes to abuse domestic violence, kidnapping may or may not happen.
Fear of Domestic Violence
The concerned parent can seek the help of the courts when there is a threat of harm. A lawyer assists with the filing of the petition and explains the process to the parent. An emergency child custody petition needs procedures and more paperwork to make sure the threats are eliminated. Threats of kidnapping are serious even if there are no threats of child abuse. With the help of a lawyer, the parent can initiate getting emergency child custody, ultimately stopping potential dangers.
Moving to Another Residence without Notice
When the real and sometimes the affected parent could not stop it before it happens. The aggressive parent just takes the child or children and leave without permission or any agreement. This is parental kidnapping, which can also happen in the absence of a threat. If the concerned parent sees signs that the other parents will attempt to do this feat, then the concerned parent should seek the help of the courts for emergency custody.
Legal Support
Affected parents that face kidnapping threats and potential domestic violence with their children require an experienced lawyer to support the said case. The lawyer can get to the bottom of the situation and accumulate evidence to strengthen the claim. The legal professional can also help assist with the petition and explain it to the affected parent.