http://www.lindseylawoffice.net/blog/rss/feedsProviding legal representation in: Family Law, Bankruptcy and Probate-Conservatorship-Guardianship, Criminal Defense, Personal Injury, DUITue, 28 Apr 2026 05:11:00 -0700http://www.lindseylawoffice.net/blog/post/prenuptial-agreements-key-considerations-about-prenupshttp://www.lindseylawoffice.net/blog/post/prenuptial-agreements-key-considerations-about-prenupsA prenuptial agreement can help keep family wealth in the family. Read about what a prenup is, when it is needed and key considerations when entering one. Prenuptial agreements traditionally have been seen as symbols of mistrust and control. Yet, despite how uncomfortable conversations about prenuptial agreements may be for couples and their families, they can serve a number of important purposes, including: Keeping family wealth, however defined, within the family that generated it, and protecting it for many generations. Establishing a set of rules, agreed to by the couple, or the couple and their families, governing the disposition of wealth upon the dissolution of a marriage (either by divorce or the death of a spouse). Providing a healthy opportunity for a couple to discuss finances in an open and productive way and to create a joint philosophy regarding wealth. Integrating a future spouse into the family. The creation of a successful prenuptial agreement can only be achieved if all parties (the couple, the parents, and other involved parties) understand the process and engage in trusting, frank, and open-minded communication – listening and being listened to – with a commitment to resolving issues without hurt feelings and resentment. What is a Prenuptial Agreement? A prenuptial agreement is a contract between two soon-to-be-married individuals in which they agree upon the rules for their relationship, especially with respect to their property. The agreement can set rules that apply during the marriage and following the termination of the marriage with respect to the disposition of property. It is important to remember that all marriages end at some point, either by divorce or the death of a spouse. Each state has its own laws dictating what happens to property when a marriage ends. These laws can differ widely from state to state, and the state where a marriage begins may not be the state in which that marriage ends. A prenuptial agreement is a couple’s opportunity to decide what will happen should a marriage end (either by divorce or death) rather than relying on the dictates and uncertainties of state law. Who Should Consider a Prenuptial Agreement? Any couple can create a prenuptial agreement. However, such agreements should be considered (and are particularly common) when: One person (or one person’s family) has significantly more assets or debts than the other. One person or one person’s family owns a family business. One person or one person’s family has special assets (such as artwork, antiques or jewelry, among others) that they desire to remain with that family. One or both persons have children from a prior marriage and they desire to leave property to those children. One or both persons are professionals with special education, credentials or licenses who desire their enhanced earnings and potential earnings to remain with them. Contents Most prenuptial agreements define rules with respect to the couple’s property.A couple can define rules for managing their property during their marriage, and for its division when the marriage ends (either by death of a spouse or by divorce). The couple can also define rules with respect to the provision of spousal support. Support Generally, while married, spouses must financially support one another and their children by providing the necessities of life. Spouses can agree as to how they will manage their finances and which spouse will pay which household expenses. Although such arrangements are usually informal, they can be formalized in a prenuptial agreement. Should the spouses divorce, a prenuptial agreement may require one spouse to provide financial support to the other. Spousal support, sometimes called maintenance or alimony, is a payment from one divorcing spouse to the other, usually for a term of years following the dissolution of a marriage by divorce. The amount of support, term of support, and any increases in support during such term are all separate nuances to consider. Parents must provide for their minor children. Agreements with respect to child support, especially upon termination of a marriage, are generally not permitted in a prenuptial agreement. It is possible, however, for spouses to agree upon financial arrangements that can be used for children, such as maintaining a certain amount of life insurance coverage, allocation of certain private education costs, and requiring the creation of trusts. Property The division of assets when a marriage ends (either by divorce or at death) is another important part of a prenuptial agreement. Absent a prenuptial agreement, state law defines how assets are divided upon divorce. There are two general systems for dividing property upon divorce: common law systems and community property systems. The nuances of each state’s law can mean that even states using the same general system (community property or common law) may classify property differently. It is critical before entering into any agreement to consult an experienced attorney licensed to practice law in the state in which the agreement will be governed. Generally, in community property states, assets acquired after marriage are owned by each spouse equally (no matter who has title). Assets acquired before the marriage may be characterized as separate property or some type of mixed property. In common law states, marital assets are generally divided equitably (equitable distribution). In essence, the court dissolving the marriage decides what constitutes a fair division of the property. Assets considered marital property are typically subject to division, while assets considered separate property are generally not subject to division. A prenuptial agreement can change the rules of state law with respect to the division of property. The agreement can, for example, define which assets (or classes of assets) are separate property not subject to division; limit what property (or how much value) may be allocated to a spouse; include a sliding scale, with more property being allocated to a spouse in a longer marriage; or provide some other division unique to the couple and their assets. When a marriage ends because one spouse dies, other property rights are considered. Almost every state forbids a decedent from completely disinheriting a spouse. How the amount payable to a surviving spouse is calculated and what property is included in the calculation can vary significantly by state. Also, the concepts of marital and separate property may not apply when a spouse dies, as many states calculate the surviving spouse’s required share based on the value of all property owned at death, from whatever source acquired. Note that leaving a trust for a surviving spouse may not satisfy the minimum required amount, potentially allowing the surviving spouse to choose between accepting the trust or taking the minimum statutory amount outright. A surviving spouse’s rights can be waived in a prenuptial agreement. If one spouse has assets (for example, an interest in a business, an inherited home, family heirlooms, wealth acquired before marriage) and desires to bequeath those assets to someone other than the other spouse, or if a spouse’s will leaves assets in trust for the surviving spouse, it is essential that a prenuptial agreement waiving spousal rights at death be executed. Of course, a prenuptial agreement can also require a decedent to provide a surviving spouse with a minimum amount that differs from that required by state law (even an amount greater than the state law minimum). Other Considerations When a marriage ends there can be conflict, whether between the spouses in a divorce or the deceased spouse’s children and the surviving spouse. Conflict can bring the prenuptial agreement into court with one side seeking to enforce it and the other side seeking to have it invalidated. Although every state has different rules regarding the enforceability of prenuptial agreements, there are some general steps that you can take to make your agreement more likely to be enforced. Disclosure: Failure to fully disclose assets when preparing a prenuptial agreement may jeopardize the agreement’s validity. Waivers of rights are generally not valid if they are not made with full knowledge of what is being waived. Failure to fully disclose assets and expectancies, including their value, can invalidate the agreement. Counsel: Each person entering into a prenuptial agreement should be represented by a separate attorney. Failure to be adequately represented is often a factor cited when someone seeks to invalidate a prenuptial agreement. Further, the rules of attorney ethics would prevent the same attorney from representing both parties. Timing: A court is more likely to uphold a prenuptial agreement when the parties have had “adequate” time to review the terms of the agreement with an attorney. Of course, what constitutes “adequate” is determined by the court reviewing the prenuptial agreement and the facts and circumstances of its execution. The closer to the wedding an agreement is executed, the more likely a challenge will succeed. Limitations to a Prenuptial Agreement While they can be effective tools for asset protection and fair distribution of assets when a marriage ends, prenuptial agreements cannot govern all aspects of the dissolution of a marriage. Specific limitations of a prenuptial agreement will be determined by state law, but it is common that prenuptial agreements cannot outline: Child custody, or child support issues – Custody and support levels will be determined based on the best interest of the child, which can’t be determined before a marriage. Additionally, a prenuptial will likely not absolve one party from financial responsibility related to medical care for children. Limitations to alimony – Dependent on state law, a court may not recognize provisions that limit spousal support, cause one party to rely on public assistance, or are deemed unfair. Encouragement to divorce – Any provision that encourages or provides a financial incentive to divorce will likely not be upheld. Additionally, the process by which the prenuptial is agreed may be scrutinized. Agreements that are reached in haste or where one party was coerced, may not hold up by the court. Lastly, it is important that you understand the specific laws where you reside as allowable provisions vary from state to state. Alternatives to a Prenuptial There may be times when a prenuptial is not possible due to time, relationship dynamics, or complex financial circumstances. There are, however, alternatives. Postnuptial agreement: Similar in function to a prenuptial agreement, a postnuptial differs in that it is signed after a marriage. Postnuptial agreements can be effective in situations where there is not enough time to put a prenuptial in place before marriage, or if circumstances within the marriage change over time. It is important to consider that postnuptial agreements can face more intense scrutiny at enforcement because married couples have a fiduciary duty to one another. Trusts: Placing property or assets in a trust pre-marriage can shield them from being considered marital property in the event of a divorce. Trusts can be advantageous because they generally offer greater privacy protections and can function as a broader estate planning tool for the planned distribution of assets. Whereas prenuptial and postnuptial agreements require the participation of the other party, a trust does not. Depending on the structure of the trust, it may be dissolved or amended if circumstances dictate. One potential consideration is that trusts can be more costly to establish and maintain than a prenuptial or postnuptial agreement. Keep an Open Mind Suggesting a prenuptial agreement can be difficult. Yet, discussions around a prenuptial agreement can be a way to encourage a frank discussion among the couple and their families. These discussions allow the couple and their families to understand each other’s thoughts and expectations regarding money, property, support and other family matters. It also allows them to define the financial rules of their relationship. Entering into these discussions with an open, understanding and caring attitude can lead to a valid agreement and a more successful marriage.Fri, 27 Feb 2026 13:32:00 -0700http://www.lindseylawoffice.net/blog/post/what-happens-to-my-retirement-funds-in-a-divorcehttp://www.lindseylawoffice.net/blog/post/what-happens-to-my-retirement-funds-in-a-divorceAssets vs. cash Assets in a retirement account aren't valued like cash because of the different tax treatments that apply. For example, if you have $100,000 in a traditional IRA and $100,000 in a checking account, the IRA may not be worth as much because the money may be taxed when it is withdrawn. Make sure your attorney fully understands your financial goals and is familiar with the potential income tax ramifications, including any additional taxes on early withdrawals associated with each type of account that may be divided. All of that will influence how they negotiate the division of property. 401(k)s, pensions and other qualified plans These accounts are typically split through a qualified domestic relations order (QDRO), which is based on a judge's ruling and in accordance with the terms of the qualified plan and applicable law. When dividing the assets per the terms of the qualified plan, the receiving spouse may choose to take the money as a distribution or, generally, roll it over into their own retirement plan account, such as an IRA. The typical additional tax for early withdrawal does not apply to distributions from the original qualified plan made pursuant to a QDRO, but the receiving spouse would still owe federal and, if applicable, state income taxes on the distribution. The decision mainly depends on when the spouse intends to use the money and whether they can wait until retirement. IRAs — Roth and traditional These accounts are typically divided under what's called a transfer incident to divorce whereby the funds in the IRA are transferred directly to the receiving spouse's IRA. Even though money will leave the original account, neither the original account owner nor the receiving spouse will owe federal income taxes upon a transfer because it's part of a divorce settlement. However, if the receiving spouse decides to take a distribution of the funds rather than roll over the assets to an IRA, the receiving spouse will owe federal and, if applicable, state income taxes and additional taxes on the early withdrawal, unless an exception applies. Updating your beneficiaries After you've divided up your various retirement accounts and the divorce is finalized, it's important to revisit and revise the beneficiary designations on the accounts you still own. A common mistake is to leave an ex-spouse as the beneficiary. Fri, 13 Feb 2026 11:06:00 -0700http://www.lindseylawoffice.net/blog/post/how-to-protect-separate-property-assets-in-marriage-in-community-property-stateshttp://www.lindseylawoffice.net/blog/post/how-to-protect-separate-property-assets-in-marriage-in-community-property-statesIn recent years, I have seen more couples enter marriage with “separate property”—or assets acquired individually, by gift or by inheritance before their legal union. Separate property can include a home or business but also savings accounts and other earned or inherited funds. If you live in a “community property state” such as California, it is critical that separate property assets be titled and handled correctly or you risk losing rightful ownership should a divorce occur. What is a community property state? A community property state presumes that if the title or intent of an asset is not clearly documented, then it is considered marital property to be divided 50/50 in the instance of divorce. In the United States, nine states abide by community property law (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin), and another five states allow couples to opt in through a special agreement. Here are four ways to protect the separate property you bring into marriage. 1. Establish a clear title. The property, account or other asset should have a title that includes the individual’s name to which the asset belongs. Do not add your spouse’s name to deeds, vehicle titles or financial accounts that you intend to keep separate. This avoids confusion about which spouse brought the asset into the marriage and does not imply intent to share the asset through joint ownership. 2. Maintain records of origin. Keep clear documentation on where the asset came from and the date on which it was acquired or inherited by the applicable spouse. Origin records could include purchase contracts, closing statements or receipts, as well as deeds, titles or account-opening statements. It’s important that your name be listed as the original owner to show the asset was purchased with individual funds and that dates are included to avoid disputes over whether the asset was obtained before or after you said "I do." 3. Avoid commingling with marital property. Once your separate property becomes part of a shared marital estate, it could inadvertently be reclassified as community property during divorce. This is particularly true of premarital funds that get deposited into a joint account, as it can be difficult to accurately trace funds’ origins once commingled. If the separate property asset changes forms—such as by using an inheritance to purchase a house—there is additional complexity to prove its rightful owner, and the asset could lose protection after it has been commingled with marital property. 4. Prepare a prenuptial or postnuptial agreement. Many couples with separate property opt for a prenuptial agreement to ensure fair division of assets in case of divorce. This legal document clearly identifies the asset’s rightful owner and origin before it is signed by both spouses. It leaves no ambiguity about who the asset belongs to pre- or post-marriage. If you have already gotten married, it is possible to make a postnuptial agreement, but these are often more complicated to negotiate. Clearly titling the asset is not sufficient in many jurisdictions. Courts look at when and how the asset was acquired and whether marital funds were used in the purchase to determine rightful ownership. In community property states, the burden rests with the spouse bringing separate property into a marriage to prove the assets are not shared. Be sure to follow all four of these steps to protect rightful ownership, secure your financial interests and avoid costly disputes. The information provided here is not investment, tax or financial advice. You should consult with a licensed professional for advice concerning your specific situation. This material was created by Thielen & Associates, Inc. for use by Forbes and does not represent the views and opinions of Avantax Wealth Management or its subsidiaries. Please view all applicable disclosures here. Fri, 06 Feb 2026 11:09:00 -0700http://www.lindseylawoffice.net/blog/post/divorce-and-financial-aidhttp://www.lindseylawoffice.net/blog/post/divorce-and-financial-aidQuestions About Divorce and Financial Aid Students and parents have questions about the relationship between divorce and financial aid. For example, which parent is responsible for completing the FAFSA, the obligations of non-custodial parents to pay for college, college support agreements, the obligations of stepparents, and the ability of non-custodial parents to take advantage of the various tax benefits for education. Below are some key points to help understand this important financial aid issue. When filling out the FAFSA, several questions may arise for students of divorced parents. If parents are divorced, separated, or never married, and don’t live together, the parent who provided more financial support during the last 12 months is the contributor and must provide their information. If both parents provided an equal amount of financial support or if they don’t support the student financially, the parent with the greater income and assets is the contributor and must provide their information. If parents are divorced, separated, or never married, and don’t live together, the parent who provided more financial support during the last 12 months is the contributor. If parents are divorced, separated, or never married; don’t live together; and provided an exact equal amount of financial support or if they don’t support the student financially, the parent with the greater income and assets is the contributor. If the contributing parent is now married and did not file taxes jointly with their current spouse, their spouse is also a contributor. Biological parents who never married are treated the same as parents who are divorced. Any child support and/or alimony received from the non-custodial parent must be included on the FAFSA. Financial aid applications have several different criteria applied for different kinds of parenthood. These guidelines address the various criteria: If parents are married (not separated), both parents’ information must be included on the FAFSA form, regardless of whether parents are of the same or opposite sex. If parents didn’t file taxes jointly, then both parents are contributors. If parents filed taxes jointly, only one parent is required to be a contributor and will report information for both parents. If parents are not married to each other and live together, both parents are contributors and their information must be included on the FAFSA form, regardless of whether parents are of the same or opposite sex. If parents are divorced, separated, or never married, and don’t live together, the parent who provided more financial support during the last 12 months is the contributor and must provide their information. If both parents provided an equal amount of financial support or if they don’t support the student financially, the parent with the greater income and assets is the contributor and must provide their information. (additional details above) If the parent is widowed, that parent is the contributor and must provide their information. College Support Agreements It is best for parents who are in the process of getting divorced to prepare a written college support agreement in addition to a child support agreement. Such an agreement should specify who is responsible for how much of the college expenses, how many semesters of support will be provided, any limits on annual payments, indexing payments to the tuition at a particular college (e.g., a state college), whether there is an age limit (i.e., up to age 24, when the student becomes automatically independent), and any restrictions on colleges the child may attend (e.g., specific colleges and accreditation, 2-year vs. 4-year, public vs. non-profit). (Although it is common for college support agreements to specify that the child must attend a state college, it is better to index the support requirement against the state college tuition while allowing the child the flexibility to choose another college. For example, one could specify that the non-custodial parent will provide 50% of the tuition at the state college or the college where the child enrolls, whichever is less. It is also common to base the college support requirement on the expected family contribution figure.) The agreement should also specify what constitutes college costs (i.e., just tuition and required fees, or also room and board, transportation, health insurance, textbooks and other educational expenses) and whether there are any requirements the child must satisfy to receive continued support, such as achieving a minimum GPA and taking a minimum number of credit hours. The agreement should also specify whether the college support is to be paid directly to the school, to the custodial parent, to the child, or to a combination. Often the percentage of college costs is divided proportionately between the parents according to income after subtracting non-discretionary expenses such as taxes, basic living expenses and health care. This is the same as the “income shares formula” used by most states for child support. Section 529 prepaid tuition plans and section 529 college savings plans are especially popular vehicles for funding the college education of children of divorced parents, as they permit the non-custodial parent to limit their financial obligation by prepaying for a set percentage of college costs. Although child support requirements terminate in most states at when the child reaches the age of majority (usually age 18 or 21), there is often an exception for children who are enrolled in a postsecondary educational institution or have special needs. Even if child support has terminated, the non-custodial parent might still be required to provide college support. Note that college support agreements might not be binding on the estate of a deceased non-custodial parent in some states (e.g., Massachusetts). Studies have found that children who have kept in contact with the non-custodial parent are more likely to receive greater support. Fathers with joint legal custody provide more college support than fathers without custody, and fathers with visitation rights provide more college support than those without visitation rights. Obligations of Stepparents My parents are divorced, and the parent I’m living with has remarried. Does my stepparent have to report his or her income and assets on the FAFSA? If contributing parent is now married and did not file taxes jointly with their current spouse, their spouse is also a contributor. My custodial parent remarried and signed a prenuptial agreement that absolves the stepparent from financial responsibility for my education. Why does my stepparent have to provide financial information on the FAFSA? Prenuptial agreements are ignored by the federal need analysis process. After all, two individuals (parent and stepparent) cannot make an agreement between them that is binding on a third party (the federal government). The federal government considers the stepparent a source of support regardless of any prenuptial agreements to the contrary. If a stepparent marries the parent, he or she is considered responsible for supporting the parent and children even if he or she is unwilling to do so. College Support and Income Taxes Can a non-custodial parent who is paying college tuition directly to a college take advantage of education tax benefits such as the Hope Scholarship? The non-custodial parent can only take advantage of the education tax benefits when he or she claims the child as a dependent. If the non-custodial parent does not claim the child as a dependent on his or her income tax returns, but the custodial parent does, the custodial parent can claim an education tax credit based on the tuition paid by the non-custodial parent.Fri, 23 Jan 2026 11:31:00 -0700http://www.lindseylawoffice.net/blog/post/the-divorce-process--legal-requirementshttp://www.lindseylawoffice.net/blog/post/the-divorce-process--legal-requirements The Divorce Process & Legal Requirements The divorce process can feel overwhelming, with unfamiliar rules and a language all its own. This guide is designed to walk you through the key stages of a typical divorce, answering common questions to help you understand what to expect on the legal journey ahead. What Factors Determine How Long a Divorce Will Take? Most states have residency rules and mandatory waiting periods that must pass before a judge can finalize a divorce. Beyond that, the timeline depends on your specific circumstances. Key factors include the length of your marriage, if you have minor children, the complexity of your finances, and how willing your spouse and you are to cooperate. A simple, uncontested divorce with no major disagreements can be finished soon after the waiting period ends, while a complex and heavily contested case could last for several years. What Documents Start a Divorce Case? A divorce officially begins when one spouse files a legal document, usually called a Petition for Dissolution of Marriage, with the court. This petition often states that marriage is permanently broken, identifies the spouses and any children, and confirms you meet the state's residency requirements. It also outlines what you are asking the court to decide, such as the division of property, child custody, child support, and spousal support. How Is the Other Spouse Notified? After the petition is filed, the court issues a Summons, which is formal notice that a lawsuit has started. You must then arrange for your spouse to be officially given copies of both the Summons and the Petition. This is called service of process. Usually, this is done by a sheriff's deputy or a professional process server. If your spouse doesn't file a formal Answer with the court within the deadline (typically 20 to 30 days), the judge may issue a default judgment. This means that your spouse wouldn’t have the opportunity to present their side of the case. What Immediate Restrictions Apply After Filing? In many states, as soon as a divorce is filed, a set of Automatic Temporary Restraining Orders (ATROs) goes into effect. These are standard court orders that prevent either spouse from making sudden changes to the family's finances or situation. Generally, they forbid you from: Selling, hiding, or taking out loans against marital property. Changing or canceling insurance policies (health, life, auto, etc.). Taking your minor children out of the state without the other parent's written permission or a court order. What Are the Grounds for Divorce? Every state now offers "no-fault" divorce. This means you don't have to prove that your spouse did something wrong to end the marriage. You only need to state that the marriage is irretrievably broken or that you have irreconcilable differences. While many states still have traditional "fault" grounds (like adultery or cruelty) as an option, they are rarely used. In some states, proving fault might influence decisions about spousal support or property division, but it's no longer necessary to get a divorce. What Temporary Orders Can I Get While the Case Is Pending? Since a divorce can take months or even years, you can ask the court for temporary orders to settle important issues right away. These orders act as a temporary rulebook for the family and can cover: Where the children will live (temporary physical custody) and a parenting time schedule. Temporary child support and spousal support (alimony). Who gets to live in the family home or use a specific car. Instructions on who will pay certain bills. How Do Most Divorces Get Resolved? Most divorces are resolved through a negotiated settlement rather than a trial. Many courts encourage or require couples to try Alternative Dispute Resolution (ADR), such as: Mediation: A neutral third party helps you negotiate a mutually acceptable agreement. Collaborative Divorce: Your spouse and you each hire a specially trained lawyer and agree from the start that you will resolve the issues without a contested court hearing. If you reach an agreement, your lawyers will draft a Marital Settlement Agreement (MSA). This is the final contract that is submitted to the judge and becomes part of the final divorce decree. What Happens If We Can't Agree? If you cannot reach an agreement, your case will proceed toward trial. At trial, a judge (there is no jury) will hear evidence and make the final decisions on all of your unresolved issues.Fri, 23 Jan 2026 11:04:00 -0700http://www.lindseylawoffice.net/blog/post/how-to-handle-divorce-when-you-own-a-businesshttp://www.lindseylawoffice.net/blog/post/how-to-handle-divorce-when-you-own-a-businessWhen a couple goes through a divorce, assets and liabilities must be divided. If you have children, you must decide on child support and child custody. When divorcing spouses own a business together, you and your spouse must determine the value of the business and agree on a fair settlement for each spouse’s interest. If business ownership is part of your divorce case, it will add a layer of complexity to the divorce settlement process, especially when you and your spouse are business partners. Valuing a Business in Divorce Proceedings Business valuation is an essential part of the process of dividing a business. When you own a small business (or a family business), getting a valuation from an appraiser is critical. You must determine the market value for your business. To determine the marital property division, you must know what the asset is worth. It’s more complicated than dividing an asset like a brokerage or bank account. An appraiser will be able to determine the appropriate valuation method for your business. You may also need to engage a forensic accountant in the process. Their professional practice will be invaluable during the valuation process as well. To determine the value of the business, the valuation professional will consider the following: Tangible personal property Intangible property Assets Liabilities The spouses can agree on a single expert, retain multiple valuation experts, or agree that an arbitration panel will set the value. These are common options spouses use during divorce proceedings to decide the value of a business. Protecting Business Interests During Divorce When you have your own business, you’ll do anything to protect it. If you owned the company before getting married, it could remain your separate property despite your marriage. However, many businesses become martial assets during marriage. For example, if the business value increases during marriage, the increase may be a marital asset. Whether a business is considered marital property, subject to the division in the divorce, depends on several factors. These factors include whether the business is subject to a prenup or postnuptial agreement. Even if your spouse was not directly involved in the business, the business may become part of the property distribution during your divorce. In such cases, you must negotiate a fair settlement. Negotiating a Fair Settlement When each spouse is a shareholder in a business, the business interests may be the couple’s most valuable asset. Negotiating a fair settlement becomes of critical importance. The parties have several options when distributing a business interest during a divorce. These options include the following: A buy out Co-ownership A business sale Divorcing spouses rarely choose to remain business partners, but it’s possible. Getting help from an experienced divorce attorney can provide you with negotiations. Tax Implications of Dividing Business Assets Identifying a potential tax liability early on in the proceeding of divorce is essential. This will help you make informed decisions and avoid costly unintended tax consequences when dividing business assets. There is good news when transferring business interest to a divorce. When this occurs, the business assets can be transferred between former spouses without recognizing capital gain or loss. Sometimes, transferring assets during the divorce proceedings is impossible or practical. Tax law can provide additional time to plan for difficult-to-transfer assets, including privately held businesses. This rule applies to transfers made within a year of the end of the marriage and up to six years after the divorce agreement. The spouses would not owe capital gains tax after receiving a portion of the business. Impact of State Laws on Business Division The family law in your state governs property distribution during a divorce. After the divorce, you’ll need to decide each spouse’s share of the business and ownership. The equitable division will depend on state law. State Law Some states use equitable distribution to divide marital property. Ex-spouses split business and other martial property fairly, which is not necessarily equally. In community property states, there is a 50/50 split of property acquired during marriage. Businesses started during the marriage are generally considered community property. Businesses started before the marriage are not automatically separate property. It depends on factors, such as whether both spouses contributed to the business. Federal Law Under current federal tax law, spousal support in the form of alimony cannot be used to claim a federal tax deduction. However, under state law, the results can be different. For example, the payer can deduct the alimony payments under their California state income tax form. The recipient of spousal support is not required to report the payments on federal income taxes, but the recipient must include it as income for California state income taxes. When a spouse uses business income to calculate an award, the income reported must be accurate.Fri, 16 Jan 2026 10:35:00 -0700http://www.lindseylawoffice.net/blog/post/divorced-spouse-social-security-benefits-eligibility-and-how-to-claimhttp://www.lindseylawoffice.net/blog/post/divorced-spouse-social-security-benefits-eligibility-and-how-to-claimIf you are divorced, you may be eligible to collect Social Security benefits based on the earnings of your ex-spouse. Whether you can or not depends on a number of factors, including how long you have been married and your age. If you were married for 10 years or more to that spouse and your ex-spouse worked and paid into Social Security, you may be able to collect benefits if you're also over age 62. Collecting on the record of your ex-spouse will not reduce the amount of benefits they get. To collect Social Security benefits based on your former spouse's earnings record, you must: Have been married to that spouse for 10 years or more Be at least age 62 Be currently unmarried You can collect benefits based on an ex-spouse’s record if you’ve been divorced for at least two years and your ex is eligible for retirement benefits, even if they haven’t applied yet. Important To collect benefits based on an ex-spouse, your own benefit must be less than what you’d receive using your ex’s work history. If you are eligible for retirement benefits on your own record, the Social Security Administration (SSA) pays that amount first. If your ex-spouse's benefit is higher, you can expect an additional amount, so the combination of benefits equals that higher amount. If you continue to work, the same earnings limits apply to you and your ex. Use the SSA's retirement earnings test calculator to help you determine how your earnings may affect these payments if you're still working and can get benefits this year. If your ex qualifies but hasn't applied yet, you can receive payments based on their earnings record as long as you meet the other requirements and are divorced for at least two years. How Much Can a Divorced Spouse Receive? A divorced spouse can get a Social Security benefit equivalent to 50% of the ex's retirement benefit, even if the ex remarries. For a deceased ex, you, as the former partner, may be eligible for a survivor's benefit of up to 100% of that amount. In either case, the divorced spouse must have reached the FRA to get the full benefit, whether that's the 50% or the 100% amount noted here. If the person files before reaching retirement age, the benefit is permanently reduced. If you apply for the old-age benefit, you can file as early as age 62, but the benefit will be a lower amount. Marriage Duration: The 10-Year Requirement Explained You must have been married to your ex for at least 10 years if you want to claim their Social Security benefits. If you were married and divorced more than once, and each marriage lasted the required 10 years, you are entitled to the higher of the two benefits. You can't claim both. If your ex remarries and their new spouse collects Social Security benefits based on your former spouse’s work history, you can still collect based on your ex's record. Warning If you remarry while receiving benefits based on your ex-spouse's entitlement, and that person is still alive, you will no longer be eligible for those benefits. If your ex-spouse dies, you can remarry and continue collecting survivor benefits on their earnings record, as long as you were 60 or older when you remarried.8 How to Apply for Divorced Spouse Benefits (Online & SSA Office) You can apply for benefits online by going to SSA.gov or making an appointment at your local Social Security office. To apply for benefits on a former spouse's work record, you will need: Your SSN and place of birth Your recent work history Your ex-spouse's SSN and birthday Dates you were married and divorced City, state, and country of marriage Your bank account and routing number for direct deposit Social Security assumes you are also applying for benefits on your own work record when you apply as a divorced spouse. But you'll be eligible for the higher amount of the two. If your benefit is lower, Social Security will first pay you an amount based on your record, then make up the difference between that and what you're eligible for on your ex-spouse's record. Frequently Asked Questions (FAQs) How Much Social Security Do You Get From a Divorced Spouse? A divorced spouse can qualify for half of their ex's retirement benefits. That benefit increases to 100% if the ex is deceased. To qualify for the full amount of these benefits, the divorced spouse must have reached full retirement age. How Do I Claim My Divorced Spouse's Social Security? Applications for Social Security benefits, including for a divorced spouse's benefits, can be made online through the Social Security Administration website. You can also make an appointment at your local SSA office. Be sure to have your ex's Social Security number on hand. What Is the 10-Year Marriage Rule for Social Security? The 10-year rule applies to spouses who are divorced and claiming their ex's Social Security benefits. According to the SSA, you can receive your ex-spouse's benefits based on your own record as long as you were married to them for at least 10 years. The Bottom Line If you were married to them for at least 10 years, you may be able to collect Social Security benefits based on your ex's work record. If you meet the requirements, you can receive benefits equal to as much as 50% of your ex's retirement benefit. Filing for these benefits is a fairly straightforward process, and to protect your privacy, your ex-spouse won't be notified when you do.Fri, 09 Jan 2026 08:23:00 -0700http://www.lindseylawoffice.net/blog/post/child-custody-and-religionhttp://www.lindseylawoffice.net/blog/post/child-custody-and-religionWhen parents of different faiths separate, how do courts decide whose religion the children will follow? When parents of different faiths separate, they don't always agree on whose religion the children will follow. With increasing numbers of interfaith marriages and high divorce rates, this topic has recently been argued in courtrooms across the country. The results? A hodgepodge of decisions using different standards to establish different rules. The Rights of Parents vs. The Best Interests of the Child When called upon to resolve disputes between separated or divorced parents who disagree about the religious upbringing of their children, courts attempt to balance competing concerns. On one hand, courts must protect an individual parent's First Amendment right to the free exercise of religion as well as the right to raise children as that parent sees fit, as long as the parenting choices do not endanger the welfare of the child. On the other hand, when making decisions about custody and visitation arrangements, courts must protect the best interests of the child. When one parent complains that the other parent's religious activities are not in the best interests of the child, courts have the difficult task of deciding whether it is necessary to encroach upon the other parent's First Amendment and parenting rights by limiting religious activities. In some cases, the courts will take the wishes of the child into account. In In re Marriage of Boldt, 344 Or. 1 (2008), the state supreme court sent a case back down to the trial court with instructions that the trial judge take evidence about the opinions of a twelve-year-old boy about whether he should be circumcised, an issue on which his parents disagreed for religious reasons. Generally, courts will consider the views of children over 12 on issues of religion as well as issues of custody or visitation generally. The Law in Religion and Custody Cases Because the U.S. Supreme Court has not yet decided a case involving religious upbringing and custody, there is no uniform national law. Instead, the law varies from state to state. Most state courts apply one of the following three legal standards when deciding these cases: Actual or substantial harm. The court will restrict a parent's First Amendment or parenting rights only if that parent's religious practices cause actual or substantial harm to the child. Risk of harm. The court may restrict a parent's First Amendment or parenting rights if that parent's religious practices might harm the child in the future. No harm required. The custodial parent's right to influence the children's religious upbringing of her is considered exclusive. If the custodial parent objects to the noncustodial parent's religious activities, that's the end of it: The court will defer to the custodial parent's wishes. The Actual or Substantial Harm Standard Courts applying this standard will restrict a parent's religious activities only if the other parent proves that those activities cause substantial or actual harm to the child. This standard is used in many states. The cases discussed in this section provide examples of how courts following the actual or substantial harm standard may rule in various situations. Keep in mind that these decisions do not have to be followed by courts in other states or, sometimes, in the same state that the decision came from. Munoz v. Munoz: Exposure to two religions does not cause harm In Munoz v. Munoz, 79 Wash. 2d 810, 489 P.2d 1133 (1971), the state of Washington's highest court ruled that exposing children to two different religions (Mormon and Catholic) is not harmful in and of itself and therefore does not justify restricting a parent's religious activities. Pater v. Pater: Restrictive religious customs are not necessarily harmful In Pater v. Pater, 63 Ohio St. 3d 393, 588 N.E. 2d 794 (1992), Ohio's Supreme Court ruled that religious customs (Jehovah's Witness in this case) that restrict a child's social activities even if they separate the child from peers or go against community standards are not enough to justify court intervention unless the practices harm the mental or physical health of the child. Kendall v. Kendall: Physical acts and verbal threats justify religious restrictions In Kendall v. Kendall, 426 Mass. 238, 687 N.E.2d 1228 (1997), the highest court in Massachusetts ruled that a father's verbal threats and physical acts toward his children, which were designed to interfere with their Orthodox Jewish religious practices, were enough to warrant restrictions on his First Amendment and parenting rights. (A court-appointed doctor found that the father's actions cutting off his son's payes (the curls customarily worn by Orthodox Jewish males) and telling his children that anyone outside the fundamentalist faith was "damned to go to hell" caused mental and emotional harm to the children. The court barred the father from sharing his religious beliefs, praying, or studying the Bible with his children if those activities would cause the kids to reject their mother or their Jewish identity or cause them emotional distress. The Risk of Harm Standard In a handful of states, courts have used a different legal standard to decide cases where religion and custody collide. In these courts, a parent seeking to curtail the other parent's religious activities need not demonstrate actual or substantial harm to the child, but only that there is a risk that the child might be harmed in the future. The No Harm Required Standard In a few states, courts do not apply the actual or substantial harm standard or the risk of harm standard. Instead, these courts use a simple rule: The parent with sole legal custody has exclusive control over the child's religious education. If a dispute arises over religious upbringing, the court will curtail the noncustodial parent's religious activities and enforce the custodial parent's desires. These courts reason that interfering with the noncustodial parent's religious activities does not violate First Amendment rights, because the restrictions apply only to the time period in which the parent is with the children. At all other times, the parent is free to practice whatever religion the person chooses. When parents have joint legal custody (which a majority of states now award unless it would harm the child), teachings from both religions may be allowed. Johns v. Johns: Father forced to bring children to church during visitation In Johns v. Johns, 53 Ark. App. 90, 918 S.W. 2d 728 (1996), an Arkansas court deferred to the custodial parent's wishes. In this case, the father complained that the mother, who had legal and physical custody of the children, was preventing him from visiting with his kids. The mother said she was refusing visits because he didn't take the kids to church and Sunday school. The trial court ordered Mr. Johns to bring the kids to church. The father appealed. The appellate court agreed with the trial court, holding that because the mother was the custodial parent, her desire that the kids attend church each week was paramount. Zummo v. Zummo: Joint legal custody equals two religions In Zummo v. Zummo, 394 Pa. Super. 30, 574 A.2d 1130 (1990), the divorcing couple's dispute about the religious upbringing of their children was resolved by ordering the father to take the children to Jewish services (the mother's religion) and also allowing him to bring the children to Catholic services (his religion). The court believed that, because the couple shared joint legal custody, they each had the right to instill religious beliefs in their kids. Some States Follow More Than One Standard In some states, one court will use the actual harm standard and another may use the risk of harm standard or the no harm required standard. Because the U.S. Supreme Court has not ruled in this area of the law, state courts do not have to adhere to any one standard unless the highest court in the state (usually called that state's supreme court) has adopted a standard. When deciding a dispute about religious upbringing, courts might consider any oral or written parenting agreements that the couple previously made about how to handle the children's religious upbringing. However, if you haven't been able to stick to the agreement yourselves, a court may or may not enforce it for you. In fact, some courts reject post-separation agreements about which religion the children will follow. If they do reject the agreement, it's usually for one of these reasons: The agreement is vague. Often, couples make agreements informally, prior to marriage, without considering a future divorce or separation. As a result, the agreements are vague. For example, many agreements fail to specify the degree of religious training (how often the child will attend services or whether the child will attend additional classes, Bible studies, and other church-affiliated programs) or whether the children will be permitted to attend the other parent's place of worship during special events. The agreement is oral. The parties have different versions of the agreement and may disagree about the terms of the original agreement. A court will not enforce an agreement if it cannot determine what the parents originally agreed to. The agreement is too old. Courts often hesitate to bind either parent to an agreement that was made many years in the past. Courts don't want to curtail First Amendment and parenting rights. As previously mentioned, courts are loathe to trample on an individual's First Amendment or parenting rights. Nor do courts want to get involved in ongoing supervision of parents' compliance with an agreement; this can look like excessive government entanglement in private affairs. Not all courts dismiss religious upbringing agreements, however. For example, in September 1999, an Indiana court ruled that the terms of a divorce settlement agreement regarding the religious upbringing of the children was binding on both parties. (Wilson v. Wilson, 716 N.E. 2d 486 (Ind. App. 1999).) The long and short of all this is that if you enter into an agreement about the religious upbringing of your children, it stands the best chance of being enforced by a court if it is in writing, very detailed, and no more than a couple of years old. What Does This Mean for You? Because the result in court is always uncertain, and because matters of religion are very personal and often very emotional, you are usually better off settling your differences outside the courtroom, using mediation or other assistance to help you work things out. However, if you are afraid that your child may be harmed by your ex's religious practices, consider taking your child to a mental health professional. By doing so you'll either calm your concerns or have real evidence that may help you to renegotiate with your ex. If all else fails, you can use the evidence in court. If you must resort to the court system to resolve a dispute regarding your children's religious upbringing, keep in mind the following: You stand the best chance of obtaining a decision in your favor if you already have either sole or joint legal custody. (For more information on the different types of custody arrangements, see Types of Child Custody.) Regardless of which legal standard your state court follows, using strong language or actions that offend the other parent may result in court restrictions on your religious activities or even cause a court to award sole custody of your children to your ex. Resources for Creating a Parenting Agreement You might consider using a family law mediator to help you work out a parenting plan that's in everyone's best interests. In addition, Nolo publishes a helpful book called Child Custody: Building Parenting Agreements That Work, by Mimi E. Lyster, that shows you how to build your own custody and visitation agreement, which can address the issue of religion. Fri, 19 Dec 2025 14:05:00 -0700http://www.lindseylawoffice.net/blog/post/dissolution-vs-divorcehttp://www.lindseylawoffice.net/blog/post/dissolution-vs-divorceIf your marriage is coming to an end, there are many important decisions that lie ahead. One of the biggest is deciding between a marriage dissolution vs. divorce. Both dissolution and divorce are legal processes, and the outcome is exactly the same: You are ending a marriage. Attorneys often say the difference between a divorce vs. dissolution hinges on whether a spouse faults the other for the breakup. Still, it’s a little more complicated than that. Let’s break down why some couples choose marriage dissolution vs. divorce. A financial advisor can also help make a plan for your money when the time comes to move on from a marriage. People often use the terms “divorce” and “dissolution” interchangeably, but these two legal processes have important distinctions. In a divorce, a court is involved in making decisions about how assets are divided and where children will live. In a marriage dissolution, the couple usually handles the details of the separation themselves. Sometimes this is done with the help of a mediator. A judge typically appears only at the end of a dissolution to review the separation agreement and parenting plan (if applicable), as well as to confirm that both parties are satisfied with the terms of the split. During a divorce, the court plays a much more active role throughout the process. Rather than the couple, the court ultimately decides what post-marriage life will look like for each party. In contentious situations, this can actually be beneficial. For example, let’s say a couple cannot reach an agreement. A judge stepping in as the decision-maker may be the most practical solution. Although couples may try to work toward a settlement, the court has the final say on certain matters. This includes things like child custody, visitation, child support and spousal support (alimony or spousal maintenance). Overall, dissolution is generally less costly and is often seen as less adversarial than divorce; at least, that’s the intent. The Reasons a Couple May Choose a Dissolution vs. Divorce Most couples would probably rather complete a marriage dissolution vs. divorce. Sometimes, however, they have no choice but to go through with a divorce. This may be especially true for a couple that can’t come to an agreement on how assets should be divided. A judge may be needed to divide current assets and investments. The judge could also make financial decisions involving a couple’s estate plan and rule on child custody. Marriages are complicated, and there are many reasons one or both parties may opt for a dissolution vs. divorce. Here are some common reasons couples may decide to go down one path or the other. How to Decide on Divorce vs. Dissolution Dissolution may be the better option if: You both are in agreement that the marriage simply isn’t working. You both feel that no one, in particular, is at fault. Dissolutions are often called no-fault divorces. If you both agree that nobody should be held responsible in court for the marriage ending, that should bode well in splitting up assets and making decisions about child care. If you both believe that you can be fair in how you treat each other when making decisions that will affect you both, post-marriage. Just because you both no longer want to be married, it doesn’t mean that you automatically have to dislike the other. You both are committed to getting through the divorce as inexpensively as possible. Hiring lawyers and paying court fees in the event of divorce can add up in terms of cost. Avoiding spending a fortune on attorneys could mean more money for both of you after the marriage is over. Divorce may be necessary if: You don’t trust your partner or your partner intimidates you. You may, for instance, fear that your partner will hide assets from you. During its discovery process, the court may be able to ferret out any secret bank accounts that either party might be hiding. Still, if you’re worried about safeguarding your finances from an untrustworthy partner, you may want to talk to a divorce financial advisor. One person doesn’t want to end the marriage and, in fact, refuses to. In that case, the person who does want to terminate the marriage may have no choice but to use the courts to legally end the marriage. You both have a lot of assets and a lot to lose if things go wrong. You may both feel that it’s in your best interest to have your lawyers and the court work things out. That doesn’t necessarily mean things have to be contentious, however. In fact, you could have lawyers work together but not necessarily hash everything out in court. Your attorneys could engage in what is generally known as alternative dispute resolution, which offers court alternatives, such as mediation and arbitration. Before the marriage, one or both parties may have signed a prenuptial agreement. They may feel that the court is needed, to ensure that the agreement is honored. Bottom Line Ending a marriage is hard and will probably be painful on some level, even in the best of circumstances. But the legal process doesn’t have to be contentious. Especially if children are involved, many couples generally want to end marriages as peacefully as possible. Marriage dissolution can be amicable and straightforward, although some couples require the courts and official divorce proceedings. If you want to end your marriage amicably and inexpensively, you probably can – provided you have a willing partner. Financial Tips For Divorce Some financial advisors, including certified divorce financial analysts (CDFAs), specialize in helping people go through divorces. Finding a financial advisor doesn’t have to be hard. SmartAsset’s free tool matches you with up to three vetted financial advisors who serve your area. You can interview your advisor matches at no cost to decide which one is right for you. If you’re ready to find an advisor who can help you achieve your financial goals, get started now. A domestic asset protection trust (DAPT) can be used to shield assets from a spouse during a divorce. This makes them an alternative to a prenuptial agreement. After transferring your assets to a trustee, the assets are no longer considered marital property. Photo credit: ©iStock.com/Andrii Zastrozhnov, ©iStock.com/Andrii Zastrozhnov, ©iStock.com/fizkes Fri, 12 Dec 2025 11:25:00 -0700http://www.lindseylawoffice.net/blog/post/relocating-with-a-child-what-parents-should-knowhttp://www.lindseylawoffice.net/blog/post/relocating-with-a-child-what-parents-should-knowWith today’s growing globalization and mobile workforce, it’s more common than ever for individuals to move to another city, state, or even country in pursuit of a new career, education, or lifestyle opportunity. While these transitions can be exciting, they often become complex and emotionally charged when they involve the relocation of a parent who shares custody of a minor child. If you are a parent concerned about your co-parent’s desire to relocate with your child—or if you’re considering a move yourself—it’s important to understand how relocation is treated in family law, particularly in Ohio. In family law, a relocation usually refers to a move by one parent that would significantly disrupt the existing parenting time schedule. This could mean crossing state lines, or even just moving far enough within the state that it disrupts regular visitation. In Ohio, if a custodial parent wants to relocate with the child, they are required to file a formal notice of intent to relocate with the court and serve a copy of the notice on the other parent. When Both Parents Agree If both parents agree to the move, the court will typically approve a modified parenting schedule that reflects the new living arrangement. Creativity and flexibility are key here. For example, some families successfully navigate relocation by: Providing the non-relocating parent with extended time during school holidays and summer breaks Scheduling regular virtual visits via video calls Sharing travel responsibilities and expenses Using apps to coordinate scheduling and communication These solutions can help the child maintain a strong bond with both parents, even from a distance. When Parents Disagree: The Court Steps In Relocation becomes more complex when the parents cannot reach an agreement on how or whether the relocation of the child will occur and the court must intervene. Judges in these situations are tasked with a delicate balancing act—one that often involves weighing two important constitutional rights: The fundamental right of a parent to care for and maintain a relationship with his or her child. The right of a person (including the child) to travel and seek new opportunities. It’s important to understand that the court cannot prevent a parent from relocating on his or her own. However, the court can prohibit the relocating parent from taking the child with them. This leaves the relocating parent with a difficult decision: move without the child or forgo the relocation altogether. How Courts in Ohio Decide Relocation Cases There have been multiple efforts to establish uniform legal standards across the U.S. for handling relocation cases, but no single model has been adopted nationwide. While the American Academy of Matrimonial Lawyers proposed a Model Relocation Act in 1998, only a few states implemented it in a limited way. As a result, relocation law varies widely from state to state. In Ohio, these cases are highly fact-specific and often require the relocating parent to prove that the move serves the child’s best interests. Under Ohio Revised Code § 3109.04(F)(1), courts consider a number of factors when evaluating whether to permit a relocation, including: Each parent’s wishes The child’s adjustment to home, school, and community The child’s relationship with each parent, siblings, and other significant people The mental and physical health of all parties Each parent’s willingness to facilitate and encourage a close relationship between the child and the other parent Whether either parent has failed to comply with child support obligations Any history of domestic violence or abuse Additional Factors Courts Commonly Consider Beyond the statutory factors, courts also look at practical and relational considerations: Parent-Child Relationships: Ohio law strongly supports the idea that children benefit from meaningful relationships with both parents. If the move would substantially reduce the child’s time with the parent who is not relocating, the court is likely to examine the proposed relocation with heightened scrutiny. Reasons Behind the Move: Is the move driven by legitimate reasons such as a job offer, military service, educational advancement, or family support? Or is it intended to limit the other parent’s involvement? Impact on the Child: How will the move affect the child’s academic, social and medical stability? Courts assess whether the change will benefit or harm the child’s overall development. Practicality of a New Parenting Schedule: Will the new parenting time schedule be practical and equitable for both parents and the child, taking into account travel costs and logistics? Child’s Input (When Appropriate): If the child is sufficiently mature to express a reasoned opinion, the court may give that input some weight—though it is never the sole factor in the decision. It’s important to note that even two judges in the same courthouse could view the same facts differently. Family law decisions, especially in the context of relocation, are often highly fact-specific and subjective. International Relocation and Unlawful Removal Parents should never relocate across state lines or internationally with a child without fully understanding the legal ramifications. Removing a child without the permission of the child’s other parent can result in serious civil and criminal consequences, including loss of custody or criminal charges for parental kidnapping. These cases will often involve complex legal instruments such as: The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), which helps determine which court has jurisdiction to make or enforce custody decisions across state or national lines. The Hague Convention on the Civil Aspects of International Child Abduction, an international treaty that seeks to protect children from wrongful removal across borders and ensure their prompt return to their habitual residence. State and federal kidnapping laws, which may apply if a parent relocates with a child without the required consent of the other parent or court approval. Practical Tips for Parents Facing Relocation Issues Relocation cases are among the most challenging in family law. Whether you’re planning a move or opposing one, it’s important to act thoughtfully and with legal support. An experienced family law attorney can help you: Understand your current legal rights and responsibilities, including under your parenting plan, if one exists Comply with notice and filing requirements Prepare a strong case to support or oppose relocation Craft a workable alternative parenting plan if necessary Represent your interests in court, if the matter becomes contested. By understanding your rights and the factors courts consider, you can better protect your relationship with your child and navigate the path ahead. Fri, 12 Dec 2025 11:07:00 -0700