Family Law Newsletters

Planning for a Divorce

Although no person wants to think about planning for a divorce, divorce occurs in almost 50 percent of all marriages. If one party is thinking about divorce he or she should plan prior to filing for divorce. One should especially consider the financial consequences of divorce.

Shared Parental Responsibility and Visitation

In a divorce proceeding, parents may consider sharing their parental responsibilities and visitation by entering into a shared or joint custody agreement. Shared custody is defined as an agreement by which the parents make arrangements to share the physical custody and control of the child as well as the legal, medical, financial, educational, emotional, and social responsibilities.

Termination of Spousal Support

Spousal support is defined as a court-ordered obligation to provide support to a former spouse. Spousal support was formerly called alimony in most states. Once a decree of divorce enters, an obligation to pay spousal support will terminate as provided in the parties' support agreement or the court's order.

Child Welfare Agency's Potential Malpractice Liability for Violating Parental Rights

Although intervention by a child welfare agency is sometimes required for the protection of a child, sometimes the investigation may become over zealous or slanderous in nature. Investigating claims that a child is the subject of mistreatment is difficult. The agency should attempt to investigate all claims made with a balanced outlook.

Misuse of Adoption Affecting Economic Rights

Courts generally prohibit parties from using the adoption process to achieve purposes that would have a detrimental economic effect on the children involved. An attempt by a birth parent to adopt his or her own children for the purpose of terminating the other birth parent's relationship with the children is a misuse of adoption. Also, an agreement to release birth parents from support obligations in exchange for their consent to an adoption is a misuse of adoption.