Law and Daily Life - FindLaw Life, Family and Workplace Law Blog

Law & Daily Life - The FindLaw Life, Family and Workplace Law Blog

Losing custody of a child is not something any parent wants to experience. Courts want to do what is best for the children, and, unfortunately, sometimes that means removing a child from a parent’s care. Losing custody can be temporary or permanent depending on the reason. For parents going through a divorce, determining child custody is frequently the most important and contested part of their case.

However, for a court to decide that a child should be removed from a parent’s custody, there must be a very compelling reason. The most common reasons parents lose custody includes abuse, neglect, domestic violence, drugs, and violating court orders.

Getting ready for retirement involves more than just saving money, although saving is a big part of it. Retirement planning requires careful consideration of both the financial and the legal issues that will come up once you decide to stop working.

While seeking out a financial retirement advisor at least a few decades before you plan to retire, you should consider seeking out legal advice early as well. An estate planning, bankruptcy, or tax attorney can help you get ready for the eventual legal or tax issues you may face in retirement. Below, you will find five important reasons to hire an attorney well before you retire.

Making the decision to adopt a child is usually filled with positive emotions for most couples. That is, until they start looking into the process and get bogged down by the complexity.

Adoptions are not simple. There is a lot of very important legal paperwork that needs to get done and done right. Since adoption laws vary from state to state, it is advisable to seek the help of an adoption attorney at the outset and at various times throughout the process.

While hiring an adoption lawyer to handle the entire process can frequently set soon-to-be parents at ease, full service is not necessary. Adoption lawyers, like any other lawyer, may be rather costly. To control costs, you may wish to only have an attorney handle certain tasks. At a minimum, adopting parents should have an attorney review all agreements they sign. Also, an attorney can help educate prospective parents on the various types of adoption, such as international adoption, and their risks and benefits.

Despite what president-elect Trump now thinks, burning and desecrating the United States flag is completely legal. On Tuesday, November 29, president elect Trump tweeted out that he believed people who burn the flag should lose their citizenship and face a year in prison. Could he ever make that happen?

Fortunately, the First Amendment protects flag burners, and the United States Supreme Court has confirmed the same. While there have been numerous attempts over the years to prohibit flag burning, none have been successful as the Supreme Court returns to the First Amendment protections and explains that burning the flag or desecrating the flag is an act of symbolic speech.

For the average couple going through a divorce, the notion of maintaining the same standard of living post divorce is nothing more than wishful thinking. Courts have long since recognized that a married couple enjoys certain financial advantages when cohabitating that vanish after a divorce, particularly that the couple only has to manage one household’s expenses.

When a couple divorces, spouses usually stop cohabitating, which means each spouse must now pay rent or make a house payment. The cost-savings of shared expenses vanish, which almost certainly will cause both former spouses to live below their prior standard of living. However, there are situations where a couple’s marital standard of living will have an impact on an award of alimony or spousal support.

Although fictional stepparents have made the lives of stepchildren awful in fairy tales and movies, many people are surprised to learn that real life stepparents routinely don’t have any actual legal authority over their stepchildren. Without the consent of the legally recognized parents, a stepparent cannot send a stepchild to military/boarding school, make medical decisions, or make other decisions that parents routinely make.

Fortunately, there are options for stepparents that want to be more involved in their stepchild’s lives. Apart from discussing a stepparent’s role to informally set what decisions they may make, there are are formal, legal ways for a stepparent to become the legal parent of a stepchild. The two most frequently utilized options are adoption and parenting agreements.

The holiday season can be the happiest time of the year for many families. But if you’re facing some trouble in paradise, the holiday season is likely to raise tensions and make this time of year anything but happy.

If you’re considering making a change to your familial status over the holidays, here are the top 5 family law issues related to the holidays.

Amid the current controversy over the Dakota Access Pipeline (DAPL) that has been making headlines for the last month, last week the United States Department of the Interior announced the cancellation of 15 oil and gas leases on the land of the Blackfeet Nation, a Native American tribe. Fortunately, the lands that were leased had not been tapped for oil, nor developed, which makes the cancellation a much simpler, and much more cost effective process.

The company that held the leases, Devon Energy, cooperated with the feds and agreed to accept a refund of approximately $200,000 to account for the fees and payments made to lease the land. While these lease cancellations will not stop the DAPL, the Blackfeet Nation, and many others, are happy that the land will continue to be preserved.

A legal guardian is someone appointed by a court to make important life decisions on behalf of another person. That person is often is child, elderly, or otherwise incapacitated who is unable to make those decisions on their own.

Guardianships can be complicated, depending on the circumstances under which they are established, and can include decisions from simple life necessities like food and clothing to more complex medical or financial choices. Here are some of the biggest questions concerning guardianships, along with some helpful answers, from our archives.

A Minnesota mother is suing her own daughter in an attempt to block the child's gender transition. The mother, Anmarie Calgaro, is taking both her daughter and her daughter's medical clinic to court, seeking to stop any future medical services after the clinic did not give her notice of the child's gender transition.

The lawsuit raises issues of minor emancipation, access to medical services, and how much control a parent may have over their children's medical decisions. It may also be a lesson, if not a wholly legal one, in how not to repair a relationship with an estranged child.