Ivanhoe family lawyers provide valuable assistance for families facing all sorts of legal matters, from domestic abuse and adoptions to estate administration and estate management.
Divorce
Divorce or dissolution of marriage involves ending legal bonds between former partners. It often raises complex issues about distribution of property (including marital debt), custody arrangements, visitation rights/access agreements, child support payments and alimony.
An action for divorce begins when one party files a Summons and Complaint in which they state the grounds for separation (fault, separation or extreme cruelty). Once this process has begun, both sides meet with a neutral mediator to negotiate their settlement agreement.
Judges cannot decide these types of cases without both parties having lawyers present, typically on retainer. You can contact your local legal aid clinic or family law bar association for referrals of low-cost attorneys. Some states also provide court-approved mediation or collaborative family law as alternatives to traditional divorce processes, and judges may recommend both parties attend an Early Settlement Panel meeting in order to help reach a settlement.
Child Custody
Child custody disputes can be emotionally draining and costly to resolve. When possible, parents should attempt to reach an agreement about custody and access arrangements that best serves their child's best interests; otherwise a court will have the final say.
Legal and physical custody may be awarded by the court. Legal custody pertains to decision-making rights and may be shared between both parents or solely by one; for physical custody (wherein one parent has key decision rights) the court usually orders a parenting schedule or "custody plan", outlining when each parent provides lodging and care for the child throughout the year.
Child custody laws differ by state, but in general most courts favour biological parents when awarding custody and access rights for their children. Under some circumstances however, non-biological parents may be granted full custody, for instance in cases of drug or alcohol abuse by biological parents who neglect them children.
Child Support
Child support is a legal obligation designed to cover the expenses associated with raising a child. The amount usually determined by state guidelines, and those paying the money (known as obligors ) must submit financial declarations with their court appearance in order to disclose their income.
The court may use these documents to calculate a base child support figure and then adjust that figure for expenses such as extraordinary costs, shared childcare costs and health insurance premiums. Receiving parents are not required to document how their money was spent - something critics have claimed undermines its purpose under law.
Child support obligations often extend until a child reaches the age of majority - which in Massachusetts and Hawaii typically ranges between 16-23 - or graduates high school. Nonpayment can result in fines and jail time for nonpaying parents in the US; courts may even order liens on property belonging to those responsible as a measure to secure back child support payments.
Domestic Abuse
Domestic abuse refers to any pattern of coercive behavior used by one partner against another in an intimate relationship. It can include physical, psychological, sexual and financial abuse - occurring regardless of gender, age, socioeconomic or ethnic group and geographical location.
Physical abuse refers to any act of aggression which results in physical harm such as punching, slapping, hitting, pushing or choking as well as unwanted touching and sexual assault. Emotional abuse includes name-calling, humiliation and intimidation by way of put downs in front of others or threats that destroy belongings - not to mention stalking or following you around and restricting movement, access or money for you or denying the freedom for seeing friends or family members.
Your partner could impede you from seeing your children or other family members and may prevent you from going to work by controlling your car, phone and/or computer. They could threaten to kill you or file false charges against you which would force child services to intervene and report you as needed.