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November 2010 Archives

Child Custody and Visitation Over the Holidays

As we approach the holidays the issue and the heart tug of whose family to spend the holidays with can be a point of contention for any married couple. For families that are divorced time management over the holidays can be an even bigger challenge. The story of one divorced mother shows that child custody and visitation during the holidays does not always have to be as complicated as perceived. With hard work the former couple feels they have successfully constructed a joint parental relationship that focuses on the kids.

I.R.S. Has Potential to Solve Parental Child Abduction Cases - Part 2

In our last post, we briefly discussed the ability the Internal Revenue Service has to assist parental child abductions and the reality that the I.R.S. often refuses to help custody investigations. We also discussed the story of one mother whose child was abducted by her ex-husband and was refused help by the I.R.S. In this post we will take a look at the legal tension between parental child abduction investigations and the I.R.S.'s policy on taxpayer information privacy.

I.R.S. Has Potential to Solve Parental Child Abduction Cases - Part 1

Parents of children who have been abducted by former spouses and family members have an unexpected ally in the search for their child. The problem in their fight to regain child custody is that this unexpected ally possesses a stockpile of information but is reluctant to use it. Every year the Internal Revenue Service gathers information on parental child abductors that file tax returns. The problem is that the I.R.S. hesitates to use the information because it wants to protect taxpayer privacy. In this post, we will share the story of a mother's search to find her son and how privacy laws both helped and impeded the search. In our next post, we will take a look at the conflict of laws that has led to the hesitation by the I.R.S.

Child Custody Case of Illegal Immigrant Addresses National Issue - Part 2

In our last post we discussed the facts of a child custody case dealing with an illegal immigrant's child custody rights. The issue was can a child of an illegal immigrant in the United States be adopted while the illegal immigrant serves a prison sentence. The state Supreme Court of Missouri heard arguments for the case this week. In this post, we will discuss the arguments heard by the court.

Child Custody Case of Illegal Immigrant Addresses National Issue - Part 1

The story of an illegal immigrant's child custody case is one that addresses the national problem of the adoption of illegal immigrant children. The state Supreme Court of Missouri recently heard a case to determine the issue of whether a child of an illegal immigrant in the United States can be adopted while the parent is serving a term in jail. In other words, can an illegal immigrant's child custody rights be terminated while in prison? In this post we will discuss the facts that led up to the child custody dispute, and in our next post we will discuss the arguments that were heard by the state Supreme Court this week. Any future ruling by the state Supreme Court of Missouri will only affect Missouri law.

The Rise of the Prenuptial Agreement - Part 2

In our last post we discussed the changing perspective of prenuptial agreements from feeling like it was a plan for divorce and property division to it being a plan to protect assets. In this post we will continue to talk about the reasons for the rise in prenuptial agreements.

The Rise of the Prenuptial Agreement - Part 1

Even though the idea of discussing a prenuptial agreement with your partner does not sound romantic, the use of prenuptial agreements is on the rise. More people are viewing premarriage contracts as a necessity as the recession, second marriages and an older first time marriage age contribute to the increase in their use. In this post we will discuss the different reasons why family law attorneys have seen a rise in prenuptial agreements.