Biological Parental Rights After Adoption

Written by rpbstaging on . Posted in Adoption, Parental Rights.

Multi-Ethnic Adoptive Family

Adoption is a permanent, life-long commitment. You must give it careful thought before making any final decision. Around 135,000 children were adopted every year in the United States. Of those 15% were voluntarily relinquished babies. Once the adoption is finalized, the birth parents cannot do anything. They have relinquished their parental rights and responsibilities.

The adoptive parents, however, do have the right to make decisions for their adoptive children. They can enroll them in school, make medical decisions, set boundaries, etc. There are certain circumstances when they allow the biological parent(s) visitation rights. But this is done at their discretion.

If you are considering adopting, this article walks you through parental rights. Above all, it talks about the legal and parental rights of birth parents after adoption.

Do Birth Parents Have Any Rights After Adoption?

No! The birth parents do not have any parental rights to the child after adoption. If you are the adoptive parents, you make all decisions and have full legal rights. You are also financially responsible for the child until they are legally an adult.

“Post-adoption contact agreements” are contracts that allow two families to meet with each other. They give families peace of mind and keep the children out of harm’s way.

What Are the Rights of Biological Parents After Adoption?

When the finalized by the court, the biological parents lose all legal rights to the child. That means that the biological parents do not have the right to decide on behalf of the child. She also doesn’t have the right to petition for legal custody, even visitation.

The first step of the adoption process is the termination of parental rights. Birth parents generally surrender their rights by choice when they choose adoption. But, if it is involuntary, the court will terminate the rights whether or not the birth parents accept. For example, this happens in the case of abuse and neglect. 

On the other hand, the court will not accept the voluntary termination of rights if you do not consent to adoption. The parents have to choose a qualified couple through an adoption agency.

Adoptive parents have a duty to notify the biological parents in case of severe illness or death. But, they should not contact for personal reasons such as graduations and marriages. This might lead to confusing situations that will hamper your relationship with your child.

What Are the Parental Rights of Biological Parents in the Adoption Context?

The rights and duties of the biological parents end once the adoption is final. The birth parent does not have any obligation towards his/her child. Moreover, you also lose physical custody and the right to make decisions for the child. 

At this point, adoptive parents gain full legal and physical guardianship of the child. But, it is rare that the adoptive family will consider an open adoption arrangement. Nevertheless, some families do come forward for the greater good. In the case of open adoptions, the birth and adoptive parents agree on visitation rights and regular updates. If there is no such agreement, it will depend on the adoptive parents. 

Do Biological Parents Have Visitation Rights?

Biological Parental Rights to Visitation - Custody Battle

As adoptive parents, you have the sole authority to decide on the visitation rights or not. However, you should not refuse visitation rights out of spite or malice. Instead, it should be based on the best interest of the adoptive child. 

Visitation rights enable the child to maintain a healthy bond with the birth family. This can help create strong bonds in the future. But, this will happen only if they are aware of their legal rights while allowing visitation. 

Can Adoptive Parents Terminate Contact with Birth Parents?

Generally, adoptive parents are not required to communicate with birth parents after adoption. The only exception is any severe illness or death. In such cases, they immediately contact the biological parent(s). But, parents of adoptive children should let them develop a relationship if they wish so. 

How Can Adoptive Parents Respect Birth Parents’ Rights After Adoption?

There are ways adoptive families show they value their adoptive child’s biological family. For example, the occasional visit or photo exchange between biological and adoptive parents. This helps keep the birth parent involved in the child’s life. And, this doesn’t mean that the adoptive family(s) doesn’t have the decision-making power. Apart from visitation rights, the following can help maintain a healthy relationship:

  • Exchange photos
  • Communicate via e-mail or video chat
  • Regular phone contact

What Is Contact Between Birth Parents and Adoptive Parents?

Establishing contact between birth parents, adoptive parents, and the child is vital. It helps both the families to connect and form a healthy relationship.

The birth mother should play a full role in choosing whom to become parents for their baby child. In most cases, birth parents meet with prospective adoptive parents during the pregnancy. Once the adoption happened, they would send the birth mother letters and pictures. It is generally done in monthly format every six months and then every year. The adoptive family will send photographs and letters to the newborn’s parents.

Can a Birth Parent Receive Counseling? 

Every natural parent has the right to counseling before and after adoptive placement. It will help them to deal with emotional and physical trauma.

Birth mothers are at greater risk of experiencing depression due to negative feelings such as guilt and shame. Therefore, pre-adoption counseling is beneficial for both adoptive and birth mothers. This is because it helps them deal with their feelings in a positive manner. It also helps the birth parents to grasp the possible issues that may arise after adoption.

Important Adoption Parental Rights You’ll Have as a Biological Mother

Adoption is a fantastic experience. But it can also be scary for both the adoptive and birth parents. As the birth mother of your child, you have many rights that you should know about. Here are some critical adoption rights to keep in mind if you’re making an adoption plan:

The Parental Right to Choose Adoptive Parents for Your Child

You have the legal authority over who will adopt and raise your baby. Many birth mothers feel more comfortable choosing adoptive family(s) that are of a similar age, ethnicity, or religion. It is also common for adoptive families to be on their second marriage—or even married at all!

You can choose parents that share your values and beliefs. But it is important to remember that everyone is different.

The Parental Right to Change Your Mind at Any Time Before Signing the Legal Paperwork

Many birth mothers spend months or even years trying to decide on an adoption plan. It’s legal to change your mind before adoptive parents sign the legal paperwork. All you need is to explain why. This could be because the adoptive family(s) changed their minds. Or has other children that they lost to the social services. They can also refuse if the adoptive parents refuse to provide medical information. 

The Parental Right to Information About the Financial Situation and Parenting Abilities

Right to Financial Info - Bank Statement

Adoptive parents should give you their financial information to help make an informed decision. Some birth mothers prefer parents to have money, education, or other resources necessary for providing a good life. But this is not always the case. Sometimes the adoptive family could be living off of one income or even have student loan debt. 

You will also want to know whether the parents plan on teaching your birth culture and/or religion. Finally, you should ask about their exposure to your language if you want your child to learn it later in life.

The Parental Right to Visit Adopted Child After Adoption Finalization

Visitation can be good for the adoptive child. The adoptive parents can give you the chance to see your baby after adoption.

Adoptive families may offer a visit with the adoptive child at their home. If not, they can also come and meet you somewhere else—like a park! Visits usually last an hour or two to start. But over time, they may be open to extending it.

Can an Adopted Child Claim Right to His/Her Biological Father’s Property?

No! Once adopted, the child cannot lay any claim to his/her biological father’s property. This is because the adoption process terminated the child’s legal rights. So the adopted child cannot claim to have any right to the property.

Does an Adopted Child Have Inheritance Rights from Birth Parents?

No! Once adopted, the child doesn’t have inheritance rights from the birth parents. This is because they are not the legal guardian of the child. The adoptive parents are. Hence the adopted children don’t have any inheritance rights from birth parents!

However, It doesn’t mean that the birth parent cannot include the child in his/her will. If the birth parents provide for the child in their will, no one can take that away from the child.

Can Biological Parents Regain Custody Post-Adoption?

No! Once the child is adopted, the biological parent doesn’t have any legal right let alone regain guardianship. After the child’s adoption, the adoptive parent has the legal right. They are responsible for their adopted children until they turn 18 or 21 in some states.

Biological parents can take back their consent to adoption if one or more of the following is found to be true:

  • The birth parents were…
    • Forced into giving up their child for adoption against their will.
    • Compelled to sign the relinquishment document either under duress or fraud.
  • The adoptive parents failed to…
    • Provide proper care and/or education to the adopted child.
    • Meet the minimum pre-placement requirements.
    • Provide financial support or they abandoned the child.
    • Uphold their parental responsibilities and obligations to the child.

Many judges will ignore a hearing at first for lack of standing. But in theory, they should permit the petition to succeed and will grant a custody order if standing is found.

How Do I Revoke My Consent for Adoption?

Revoking the consent for adoption is a double-edged sword. For the birth parents, the ability to revoke consent is a second chance to have their child back.

But, on the other hand, revocation is demanding on the adoptive parents. It will be especially on those looking to adopt for a long time. 

Parental Right to Revoke Consent

Revocation of consent is not easy to get approved by the court. The adoptive family can also oppose it if they are willing to keep the child in their custody. The consent revocation for adoption varies from state to state. Hence, ensure that you talk with an adoption attorney before making a decision.

Once the birth parents consent to the adoption, they have seven days to revoke the consent. The seven-day timeline includes the weekend and holidays. However, if the seventh day falls on a weekend, you would have to wait until the next business day.

The adoptive parents will be notified when the birth parent consents to the adoption. But they won’t know about revocation unless or until it is filed in court and served.

It is hard to predict how long it would take for a judge to consider your motion. But if you are lucky, they might answer within 30 days. In any case, there is a chance for the adoptive parents to oppose your motion for revocation.

If the court denies revoking the consent, you can still appeal that decision in higher courts. But chances are very rare for it will be granted.

Conclusion

Adoption is a personal and permanent decision. Choosing to adopt a child means making a lifelong commitment with no going back.

Once you have given consent to adoption, you cannot take it back. Even if the other person does not do a good job or changes their mind, they will still raise your baby. However, under certain circumstances, you can revoke your consent but within seven days of consent.

If you are still interested in adoption, contact the Arizona Department of Child Safety (DCS). They can guide you about how to begin the process before making any final decisions! You may also want to have a law firm on retainer for any legal advice. One such law firm that comes highly recommended is Randle, Palmer & Associates. They have many years of experience in their practice of adoption and parental rights and can assist you with any issues or concerns you may have. Contact Randle, Palmer & Associates for your free consultation today!

Guide to the Rights of an Adopted Child

Written by rpbstaging on . Posted in Adopted Children's Rights, Adoption.

Rights of an Adopted Child in Court of Law

Rights of an Adopted Child

Adoption changes the relationship once and for all, including the right to inherit. The parental rights of the biological parents are severed while a new relationship is formed.

The adoption process substitutes the child’s birth family with the adoptive parents. Hence, biological and adopted children have equal rights in the eyes of the law.

But this creates a new set of questions regarding the rights of the adopted children. This article takes you through the rights of an adopted child, inheritance, and much more.

What Are the Rights of an Adopted Child?

Adopted children have the same rights as biological children, including being legal heirs. The child is the legitimate child by all means. And as such has the right to receive support(both emotional and financial) from both parents. Furthermore, the law also treats the adopted children and biological children the same at all times. Adoptive parents have the legal responsibility to provide and care for the children until they are 18.

Do Adopted Kids Have More Rights than Biological Kids?

No! As per the adopted child inheritance law, the adopted children have the same rights as biological children. This includes the assets and the inheritance. In the eyes of the law, both the children are the same. It doesn’t differentiate between biological and adopted children.

Is a Legally Adopted Child Entitled to an Inheritance?

An adopted child is entitled to an inheritance from the adoptive parents and other descendants. He or she can also stake a claim to the property and assets of their parents. In the same line, adoptive parents are also entitled to inherit from the adopted children.

What Are the Inheritance Rights of an Adopted Child?

As per the intestate succession laws, the adopted and biological children are equal. Therefore, adopted children have equal rights when it comes to inheritance. Furthermore, they also have the right to inherit, like the natural children. The inheritance rights of the child include:

Inheritance Rights of an Adopted Child - Last Will & Testament
  • Under intestacy law, the adopted child has the right to receive property. If the adoptive parent dies without a will, both birth and adopted children have a right to the estate. The same is true even if the parents die without a will. Furthermore, they can also contest or challenge the wills if needed. This right also extends to other relatives like grandparents.
  • He/she has the right to a portion of the parent’s estate if left out of the will. If the adoptive parent dies without changing the will, the adopted child will receive a portion of the inheritance.

While these are common for most states, there can be a few changes depending on the local laws. However, to protect the rights of an adopted child, the parents have to make a valid will. The will contains the details about who is to inherit what and how much. This ensures the outcome as you desire concerning the inheritance rights. 

Contact a probate lawyer for legal advice. Depending on the circumstances of the estate, he/she will help you with your query.

Is an Adopted Child Considered an Heir?

Under the next of kin laws, legally adopted children are heirs to their parent’s estate. The law has no doesn’t distinguish between an adopted and biological child.

Can You Exclude Adopted Children from Their Inheritance?

Like biological children, parents can exclude adopted children from their inheritance. However, the parent has to put this in writing using precise language. It should be apparent that disinheriting is the parent’s intent at that point in time. Otherwise, the child can inherit their portion as an overlooked heir. In the absence of the will, everything goes to the surviving spouse. If the spouse doesn’t survive, the state divides the estate among all the children.

Can an Adopted Child Inherit from Biological Parents?

The adoption process changes the relationship between a child and the birth parent. The adopted person cannot inherit from the biological parents. He/she does not have any right to the birth parent’s estate or assets. By adopting, the biological family is substituted by the adoptive family. However, the birth parent can provide for the child in the will. In this case, the birth parent has to mention the child as a beneficiary for them to inherit. As long as none of the family members object to your inclusion and challenge the will, the request will be honored. However, if the birth parent dies without a will, an adopted son cannot claim the estate.

Can an Adopted Child Sue Birth Parents?

After adoption, adopted children do not have a legal relationship with the birth parents. And the biological parents are no longer considered his/her parents. As such, they cannot sue the birth parents for a part of the inheritance. However, it depends on the circumstances and the age. If the child depends on the birth parents somewhat or wholly, they can contest the will.

If you believe you have the grounds to sue, contact an estate lawyer for assistance. Else you can use a lawyer referral service to find the right lawyer for your situation.

Does the Biological Father Have Rights After Adoption?

After adoption, the state terminates the legal parent-child relationship between the child and the biological parents. Generally, the birth father will have rights to the child during the process of adoption. However, once the adoption is final, the birth father will have little if any rights.

Conclusion

Female Adoption Lawyer

In the eyes of the law, both the adopted children and biological children are the same. As such, they inherit a portion of the estate after the death of the biological parent. If you are worried about your child’s inheritance, ensure that you leave a clear will. And do it in the presence of a lawyer who specializes in inheritance.

In addition, keep the will up-to-date with the current information. This will help to protect the rights of the adopted children.

Contact an estate lawyer for all your questions related to adopted child property rights. If you are considering adopting a child or need assistance with an adopted child’s rights, please contact Randle Palmer & Associates for your free consultation today!

Domestic Infant Adoption

Written by rpbstaging on . Posted in Adoption.

Infant Adoption - Couple Considering Adopting a BabyAround 140,000 children are adopted by American families each year. While many people choose to explore adopting from a foreign country or through the foster care system, domestic infant adoption is a third option. The first step to understand your adoption choices is to take a closer look at the infant adoption process. What is domestic adoption? How does it work? What are the pros and cons of this form of adoption? Is domestic infant adoption the right fit for your family?

What Is Domestic Infant Adoption?

Domestic infant adoption is a voluntary, permanent placement of a baby for adoption. The birth parents may choose to work with an adoption agency or arrange for private adoption. The match between birth families and prospective adoptive families happens before the baby is born. The adoption process cannot be completed without the assistance of an adoption attorney or a reputable adoption agency.

What Are the Benefits?

  • The adoptive parents can bond with the child from birth instead of after a child is in the foster care system.
  • Birth parents and adoptive parents can choose open adoption.
  • Other children in the family can participate in the adoption process.
  • Increases the possibility that the extended family will bond with the adoptee. 

Benefits of Bonding in the Infant Adoption Process

Being at the hospital (often in the delivery room) is a huge advantage to domestic newborn adoption programs. Bonding with a newborn will aid in the child’s overall development. Studies have shown that bonding with a newborn decreases the risk of disease; boosts immunity against viruses and bacteria; enhanced a child’s IQ; and much more. When an adoptive parent, adoptive sibling, or extended family have the chance to engage in skin-to-skin contact with a newborn, the baby is also more likely to have positive emotional development. 

The bonding experience also benefits the birth parents. They have the chance to see the adoptive parents interact with their birth child. The interaction helps build confidence in their choice of adoptive families and eases their emotions through the rest of the adoption process.

What Is an Open Adoption?

An open adoption agreement varies depending on the wishes of the birth parents and adoptive parents. In most cases, an open adoption means that the prospective adoptive parents can engage in the full pregnancy experience, including providing housing and expenses for a mother during her pregnancy.

After the baby is born, the adoptive family may continue to share letters, photos, and other forms of communication with the birth family. This form of adoption may also include the ability to have face-to-face visits between the birth families and the adoptee. Most modern adoptions are semi-open to open. 

What Are the Benefits of an Open Domestic Adoption?

  • Birth families benefit by keeping in contact with the child after the adoption.
  • The adoption transition is less traumatic for the birth families.
  • Adoptive families have access to important medical history that only a birth parent can provide.
  • The adopted child is less likely to go through an identity crisis later in life.

Can I Close an Open Adoption?

As mentioned before, no two open adoptions are the same. Most of the time, an open adoption is a verbal agreement that allows birth parents and adoptive parents to maintain contact. In this case, the adoptive parents can choose to change the terms of the agreement at any time. The decision to end contact with the birth parents could cause lasting emotional damage to the adopted child. If you are uncertain about allowing the birth family full access, some adoptive families choose a semi-open adoption. This path allows birth parents and their families to receive updates and photos from the adoptive parents without having direct contact with the child.

In some states, legally binding open adoption arrangements are allowed. Be aware that a lawfully binding open adoption is almost impossible to nullify, regardless of the circumstances. The best option for the child is to decide the right fit for your family before the adoption is complete and stick with it unless the adopted child’s safety is in question. Your adoption attorney can help you determine the best adoption plan for you.

What Is the Domestic Infant Adoption Process?

  • Find an adoption professional – It is essential to work with a legitimate agency or attorney to ensure that your adoption is fully legal. Working with an adoption professional also protects you from fraud.
  • Complete a home study – This process is often the most stressful, lengthy part of the process. You cannot adopt a child without this step.
  • Find a birth mother – After you complete the home study process, you can begin searching for an infant to adopt. If you are working with an agency, they will help you find a match. 
  • Choose a pre-placement contact and adoption type – Once a match is found, you will need to determine what kind of adoption you want to pursue—open, semi-opened, or closed. Parents who wish to place their child for adoption must agree with your adoption type.
  • Hospital and placement – Once the birth mother goes into labor, you will travel to the hospital. The birth mother must consent to the adoption after the birth. The birth father should have already terminated his legal rights by this point. 
  • Post-placement and finalization – There is usually a 3-6 month waiting period before the adoption becomes final. These final steps include post-placement visits by the social worker, final legal clearances, and one last court appearance before a judge to finalize your adoption.

Law Firm vs Adoption Agency – Which Is Best for You?

Domestic Infant Adoption - Law Firm Versus Adoption Agency Pros and ConsEach type of adoption professional has advantages and disadvantages. Some adoptive parents can skip the agency matching process by finding their own prospective match, but all families interested in adopting must hire an adoption lawyer. Reputable adoption professionals want the best for everyone involved. They understand that adopting a child is a serious decision, and they will be with you every step of the way. They are a great resource and can answer any questions you have about adoptions in your state. 

Adoption Resources Available

  • National Agencies – Domestic infant adoption agencies provide matching, advertising, guidance, and other services to families and birth mothers across the country. They are a great resource if you would like to adopt a child.
  • Regional Agencies – Unlike national agencies, regional agencies specialize in a particular area, which is good for families who want to adopt closer to home.
  • Adoption Law Firms – Legally, you only need an adoption attorney to complete the process of adopting a newborn. However, they do not have the same matching and support services that agencies have.
  • Adoption Law Centers and Facilitators – Providing little more than matching services, law centers and facilitators can pass adoptive families on to other adoption professionals after the match.

What Is a Home Study?

The home study process is an evaluation used by the courts to determine if a person or couple can offer a stable home environment for a placement (adoptee). All adoptions, regardless of the type, must complete this review. This process includes a criminal background check; a review of your finances; an in-depth look at your relationships; and much more. In the United States, you cannot move on to finding an adoption match until you complete this step. This process is the most stressful part of the process because of its intrusive nature. A successful home study requires you to be prepared and transparent.

Be Prepared in Advance

  • Make sure you have access to all your legal documents – birth certificates; marriage license; medical records; and much more.
  • Prepare each member of the adoptive household to complete an interview with a licensed social worker.
  • Adoptive families will need to pass an extensive state and federal background check.
  • Be prepared to provide character references from friends, family, and co-workers.
  • Prepare your home before the home inspections (Ex: baby-proof the house).

Who Conducts the Review?

A licensed social worker conducts the review of the prospective parents’ life and resources. In addition to collecting information about the prospective parents, the social worker will want to review your support system. The court sometimes assigns the social worker. In some states, you will need to find a qualified professional in your area. Each state or county has a different policy related to who can conduct the home study. Your agency representative or adoption attorney can help you find a home study provider near you. 

What Happens During a Home Study?

The social worker will conduct interviews and inspect your home. The purpose of this process is to determine your motives for adopting and your preparedness for bringing an infant into your life. As mentioned before, this process is time-consuming. It can also be very stressful. At the end of the process, the social worker will complete the home study report.

What Is the Home Study Report?

The social worker assigned to your case will submit a written report outlining their findings. Adoption agencies use this report to create a family profile as part of the adoptive family selection process. State governments and courts require this document to ensure the legality of the adoption placement. Once this report is submitted, you are considered an “active” adoption match. 

Infant Adoption – How Long Does it Take to Find a Match?

The time between activation and matching your family profile with a birth mother is known as your wait time, and it can vary based on several factors. You can increase the chances of a short wait time by being flexible with your adoptee preferences.

Types of Adoption Preferences

  • Race and Gender – If you are only interested in adopting a child of a certain race or gender, your wait time may be longer because your profile will only be shown to prospective birth mothers who match your preferences.
  • Medical History – It’s rare for anyone, including prospective birth mothers, to have a completely clean bill of health. If any medical conditions worry you, such as bipolar disorder, speak with a doctor about your concerns. He or she may be able to alleviate your worries about potential health risks. 
  • Adoption Type – If you intend to pursue a closed adoption, which involves no contact with the birth family, this could significantly increase your wait time. Most birth mothers today are interested in sharing at least some contact with the adoptive family and child, so if you are only interested in a closed adoption, you will not be a match for those situations. It’s preferable that you accept at least a semi-open adoption, which is what about 90 percent of birth mothers are seeking.

Is Domestic Infant Adoption Expensive?

On average, the full domestic adoption costs in the United States may range from $20,000 – $50,000. These costs vary depending on the agency or attorney you select. The longer it takes to find the right match, the more these expenses may climb. There are also court fees to keep in mind. Depending on the arrangement you make, there may be temporary cost-of-living expenses, medical expenses, or other costs related to prenatal care. Like all parents, preparing your home for the arrival of a newborn is also costly. 

Is Domestic Infant Adoption Right for You?

Domestic Infant Adoption - Is it Right for You?It is no secret that choosing to adopt a baby is a huge commitment. No two adoption stories are the same. If you are thinking about completing a domestic infant adoption, there are a few things to keep in mind. First, your search could take a long time. Be patient. Second, there are many fraudulent adoption programs. You can avoid these traps by gathering plenty of information before you commit or exchange money. Third, do not be afraid to ask questions. The more questions you ask, the less heartache you could face in the future. Fourth, do you have enough support? Whether it is your first child or your fifth, adopting a child comes with many unexpected needs. Familiarize yourself with the programs available to get you any additional support. Yes, adoption is hard work, but it is worth it in the end!

If you are considering adopting a child, please contact Randle Palmer & Associates for a consultation today!

(Further reading on adopting an infant child)

How Does Divorce Impact My Bankruptcy Case?

Written by rpbstaging on . Posted in Divorce.

By: Alex Coomer

www.alexcoomerlaw.com

November 24, 2020

©Alex Coomer Law, PLLC, All Rights Reserved.

It is a sad reality that financial stress is a major cause of marital problems.  Similarly, marital stress or living within an unhappy marriage can lead to bad financial decision-making and debt. Either way it goes down, bankruptcy and divorce law often overlap.  When these sad and difficult situations occur, there is a complex interplay between two different types of law that generates a lot of confusion.  This FAQ article seeks to provide very basic information and help you understand the issues when divorce and bankruptcy overlap.

Disclaimer — Both divorce and bankruptcy are complex fields of law in their own distinct forms. And, when these two areas of law mingle together, it gets even more complex.  Therefore, if you are presently going through or contemplating both divorce and bankruptcy, it is highly advised that you seek legal representation immediately.   

What is community debt and community property? 

To understand the interplay of divorce and bankruptcy, it starts with a simple understanding of community debt and community property.  

Arizona is a community property state. This means that any property (other than gifts or inheritances) you and your spouse acquired during the marriage belongs equally to both parties and any joint debts incurred during the marriage are the equal responsibility of both parties. It does not matter whether one spouse worked during the marriage and the other did not. Community property includes real property, personal property, money, stocks and bonds.

All debt incurred during the marriage, no matter by whom, is generally considered to be the community debt of both parties. This is true even if the debt was incurred for purchase of an item that only one of the parties uses.  As with community property, generally, debts owed by one party prior to the marriage remain a separate debt of that party and do not become transformed into a community debt just because the parties got married.

If I am contemplating filing for bankruptcy AND divorce, should I get divorced before, after, or at the same time as my bankruptcy case?  

This is a very difficult question to answer and there is no one set answer to this question.

 The best strategy for you and your family here will depend on the nature of your debts, assets, and relative level of cooperation you have with your soon-to-be ex-spouse.   As there are many variables to consider here, there is not one conventional strategy that fits most people.  

With the understanding that every case is different, here are some important things to keep in mind in terms of timing, logistical issues, and costs of the two legal processes.  

If you file your bankruptcy case prior to divorce, you will be able to lawfully double your exemptions pursuant to the bankruptcy code as a joint-filing couple.  This could be meaningful to your family if, for example, you own fairly nice furniture (worth more than $6,000) that you do not intend to divide equally or if your family owns a single vehicle that has substantial equity (between $6,000 and $12,000).    

If you file your bankruptcy case prior to divorce and wish to only hire one attorney to represent both debtors to save on fees and costs, there are serious ethical considerations regarding conflicts of interest to consider in this situation.  As such, you can really only consider filing for joint bankruptcy with one attorney prior to divorce if the parties are amicably divorcing and without controversy on splitting of exempt marital assets.  Keep in mind that non-exempt assets will be frozen when filing for joint bankruptcy before getting divorced. Only exempt property will be eligible for division between the spouses.

If there are disputes about finances leading into the bankruptcy or disputes over property, it is not advised for one attorney to represent both parties in the bankruptcy.   In this case, like your divorce case, it would be advised that the parties retain separate counsel and file separate bankruptcy cases in conjunction with divorce litigation that splits exempt marital assets.   

One of the worst steps to take is filing for bankruptcy in the middle of divorce proceedings without consulting with qualified lawyers. In most cases, filing for bankruptcy will put the divorce proceedings on hold and may only continue once the bankruptcy case is completed or if a divorce attorney files a motion to move forward with the legal separation.  In these situations, communication is king.  It is critical to keep all attorneys up to date with all relevant developments, including financial stress.  

Don’t forget that community debt acquired during the marriage becomes joint debt, even after the divorce was finalized. The divorce will also lead to the apportioning of the debt between the two spouses. As such, the creditors may still go after the spouse who did not file for bankruptcy and demand debt payments. Therefore, it is advisable that two separate filings be done after the divorce to keep creditors from pursuing one of the spouses.

My ex-spouse owes me money and I got notice that he/she is now filing for bankruptcy.  Can my ex-spouse discharge alimony or child support payments owed to me in bankruptcy?   

No.  Alimony and child support are considered priority unsecured debt.  Alimony and child support are a special form of debt.  This type of debt is paid first by debtors under repayment plans in Chapter 13 and cannot be discharged at all in a Chapter 7 bankruptcy.  

If you receive notice that your ex-spouse has filed for bankruptcy and you are listed as a creditor, you have rights that you should understand.  If you have questions, concerns, or want representation to protect your rights, it is highly advised you consult with a creditor lawyer immediately upon learning of the bankruptcy filing by your ex-spouse who owes you money.   

Can my ex-spouse discharge personal loan debts that they owe to me from prior to our marriage?  

Yes.  If you loaned your spouse money at some point prior to marriage, this is considered unsecured non-priority debt.  If your ex-spouse files for Chapter 7 bankruptcy and lists this loan correctly, this type of debt can be discharged by the borrowing party. 

What if he/she promised me over and over that he/she would pay me back?

Unfortunately, a subsequent promise to repay does not change anything in a bankruptcy case.  Barring some unusual exception, such as your ex-spouse committing fraud, personal loans given prior to marriage will be dischargeable debt.  

 

Disclaimer: The information in this web site is not intended to provide legal advice or to create an attorney-client relationship; but is intended for general education and information purposes only. Laws change periodically, therefore the information in this site may not always be accurate. It is imperative that you seek legal counsel in order to determine your rights and obligations under the law and based upon your specific circumstances.

Alex Coomer Law, PLLC is a debt relief agency and helps people file for bankruptcy under the Bankruptcy Code. The material and information contained on these pages and any pages linked to from these pages is intended to provide general information only and not legal advice. You should consult with an attorney licensed to practice in your jurisdiction before relying on any of the information presented here. You are advised that the acts of sending e-mail to or viewing or downloading information from this website does not constitute an attorney-client relationship.

© Copyright 2020 – Alex Coomer Law, PLLC – Tucson Bankruptcy Attorney.

What is the average cost of a divorce lawyer?

Written by rpbstaging on . Posted in Attorney.

What is the average cost of a divorce lawyer.Divorce settlements are tricky and have to be undertaken with caution. Due to the sensitive and volatile nature of divorce hearings. It’s crucial to find a lawyer divorce lawyer like Randle Palmer and Associates to assist you during the process. When looking for a reputable divorce lawyer to help you, there are several things to consider.

First, you need to make sure the divorce lawyer you hire has verifiable experience. Many divorce lawyers claim to know what they’re doing. However, only a few of them actually do. To safeguard yourself from the fakes, you’ll need to do a little research.

Going online and comparing the reviews of divorce lawyers in your area is a great way to begin. Aside from making sure your selected divorce lawyer has relevant experience. You also need to inquire about their pricing.

Like with any legal battle, divorce cases can get very expensive. So, to learn more about the average cost of a divorce lawyer, continue reading.

What is the average cost of a divorce lawyer?

For starters, most reputable divorce lawyers charge a modest $250 per hour for their services. But, keep in mind this is just the average number according to statistical data. The exact amount of money your divorce lawyer costs will vary depending on several factors.

Some of the variables that impact the cost of your divorce lawyer include:

  • Length of your settlement
  • Settlement amount
  • Working hours involved

There are other factors that may impact the cost of your divorce lawyer. But, those are purely situational. So, if they affect you, you’ll know about it. Trusted divorce lawyers like Randle Palmer and Associates will discuss your case’s details before giving you a quote.

The location also impacts the cost of a divorce lawyer. Certain regions and zip codes just have higher legal costs than others. In total, you can expect to pay between $10,000-$15,000 for a completed divorce settlement. If you’re concerned about choosing the right divorce lawyer, read the next section.

Finding a divorce lawyer like Randle Palmer and Associates to help you

To make sure you’re hiring a reliable divorce lawyer like Randle Palmer and Associates, go online and compare reviews. Prior customers tend to leave accurate assessments of their previous experiences. So, you can use them to determine if the divorce lawyer you’re interested in is right for you or not.

You should also reach out to all of the divorce lawyers you’re interested in hiring. When you do, ask them about the prior experience and see how it may benefit your case. Once you do those two things, you should be able to make an educated decision about which divorce lawyer is right for you.

People Also Ask

Q: How much does it cost to retain a divorce attorney?
A: you can expect to pay about $1,000-$5,000+ for a divorce lawyer retainer fee. You’ll need to contact the exact divorce attorney you’re interested in hiring for a more accurate estimate.

Q: How can I afford a divorce lawyer?
A: if you can’t afford a divorce lawyer, don’t worry because several options are available. Use the following tips to get a divorce lawyer if you can’t afford one: free lawyer consultations, reach out to your city courthouse or try small claims court.

Q: How long does it take for someone to get divorced?
A: for cut and dry divorce settlements, most are resolved in 4-6 months. But, any complications in the case can extend this time drastically.

Understanding what is the average cost of a divorce lawyer

Now, you know the average cost of hiring someone like Randle Palmer and Associates to help handle your divorce case. Take your time and do research to find out about comparable divorce lawyers in your area.

Should I tell my divorce lawyer everything?

Written by rpbstaging on . Posted in Attorney.

Should I tell my divorce lawyer everythingTLDR: when going through a divorce proceeding. You should always tell your lawyers everything about your marriage. Doing so builds a strong case in your favor that increases your odds of winning. Some of the most important things you should tell your divorce lawyer include emotional and physical abuse, drug or alcohol addiction, and mental health problems.

Divorce proceedings can be tricky and complicated. When going through court proceedings, you always want to mesh things out with your divorce lawyer. While it may be uncomfortable, you have to tell your divorce lawyer everything. Keeping secrets from your lawyer while going through a divorce makes you susceptible.

The purpose of a divorce lawyer

The entire purpose of a divorce lawyer is to help you win as much as you can in your case. So, it makes your odds of winning high. You need to divulge all of the information possible about your marriage. When battling a divorce, it’s all about building a solid case.

There are many things you should inform your divorce lawyer about. To learn more, continue reading.

Should I tell my divorce lawyer everything?

There are a few critical pieces of information that you need to make sure your divorce lawyer knows. Remember, everything you tell your divorce lawyer is confidential. But, there are some situations in which your divorce lawyer will expose personal information.

Here are some instances in which your divorce lawyer will expose intimate details about your case:

  • The client sues their attorney
  • When seeking legal advice from other attorneys
  • To prevent a client from getting more legal trouble by committing future crimes
  • To avoid severe bodily harm or death

These are all circumstances in which a divorce lawyer can legally discuss your case’s details with other people. Now, it’s time for you to learn about all the things a divorce lawyer needs to hear from you.

No holding back when speaking to your divorce lawyer

There is nothing you should hold back from your divorce attorney. To make your case as strong as possible, tell them all the following details:

  • Present or past sexually related infidelity
  • Emotional or physical abuse
  • Alcohol, drugs, or addiction that lead to financial mishaps
  • Behavioral changes mental problems that can endanger children

By releasing all of this information to your divorce lawyer, you’ll have high odds of winning your case. Don’t exclude any of the details surrounding these events. The more you leave out, the weaker your case will be.

Handling a divorce properly

Divorce cases are all about proving your side of the story. At no point in time should you try to make up lies about your marriage. You always want to be able to prove whatever story you present to the judge. A reputable divorce attorney will help you do just that. So, as long as you tell the full truth. You won’t have much to worry about.

People Also Ask

Q: What should I not tell my divorce attorney?
A: Unless you intentionally want to lose your case. There isn’t much you shouldn’t tell a divorce attorney. Divorce attorneys need to know everything about your case. This helps them create the most effective defense.

Q: Is it better to get a lawyer for a divorce?
A: yes, especially if you can’t come to an agreement on divorce terms with your spouse. A divorce lawyer will help you formulate an actionable plan to win your case.

Q: What not to do when going through a divorce?
A: When going through a divorce, there are several things you shouldn’t do.

Understanding the answer to, Should I tell my divorce lawyer everything

We’ve covered the most essential facts and information you need to know about handling a divorce. Use this article as a guiding manual to make your court hearing go favorably. Following our advice will lead to a decision in your favor. Contact Randle Palmer & Associates today for more information.

What determines who has custody of a child

Written by rpbstaging on . Posted in Custody.

TLDR: factors such as living situations, finances, mental health, and emotional connections play a role in custody battles. The entire purpose of a custody battle is to ensure children live in a safe environment after divorce. You’ll have to prove your ability to care for all of your child’s needs if you plan on becoming the custodial parent.

What determines who has custody of a child

Marital problems are never a pleasant thing for any parties involved. Things become even trickier when children are a part of the picture. While you two work out your problems, your child or children still need to be fed, clothed, and protected. Coming to an agreement on these various factors is difficult for most couples experiencing a divorce. In these situations, a court must step in.

The battle in what determines who has custody of a child

Battling for custody of your child is no easy task. Throughout the process, you’ll be forced to prove your capabilities as a parent. Failing to do so can result in you losing total custody of your child. No one wants that to happen, so it’s crucial to educate yourself about what determines the final decision in a custody case.

Whether you’re going through a custody battle or will be soon, you’ve come to the right place. Below, you’ll find tons of information about what determines who has custody of a child during a legal battle over custody.

What determines who has custody of a child

For starters, the prominent factor judges use to determine which parent gains custody is finance related. Without enough monetary income, you can’t support a child. So, it’s essential to show proof that you can support your child. Another critical yet controversial factor is the parent-child bond.

This refers to how strong of a relationship the child has with one or both parents. Your child’s well-being is the most important thing when going through a divorce. By allowing children to stay with the parent, they feel comfortable with, healthy development is assured.

The parent’s mental health is also vital. Children who live in chaotic environments tend to develop bad emotional habits. By allowing children to go with the parent most mentally equipped to handle them, their odds of success later in life are much higher.

Finances are also significant; children need a balance of shelter, food, clothing, and other accommodations. It would be unwise for a judge to grant sole custody to a parent unable to financially support the child.

Making your custody battle go as smoothly as possible

Custody battles can be very nasty in terms of the bickering back and forth between both parents. To increase your odds of winning as much as possible, you need to have all your information organized. Be prepared to present financial statements, mortgage/rent documents, criminal records, and more.

All of this will be used to make the final decision on which parent gains custodial custody.

People Also Ask

Q: What factors influence child custody?
A: Finances, mental health, living conditions, and children’s well-being are all factors that impact custody decisions. The judge presiding over your case will use a combination of these factors to make their final ruling.

Q: What should you not do during the custody battle?
A: Some of the things you should avoid getting into when going through a custody dispute include: verbal arguments, physical altercations, arrests, and neglected child support payments.

Q: Who is most likely to get custody of a child?
A: The fittest parent will receive custody of the child. Previously, children under the age of five were given over to their mothers. Things have changed now.

Understanding what determines who has custody of a child

Use all of the information in this article to make your custody battle as favorable to your position as possible. Take heed to all the warnings and tips we’ve given you. As long as you do so, you’ll be able to present a solid case to the judge.

For more information on getting legal defense in your case, contact Randle Palmer & Associates today.

Divorce. What is best for the children?

Written by rpbstaging on . Posted in Divorce.

Divorce. What is best for the children?

Divorce. What is best for the children? Divorce is not only challenging for the two people involved in the relationship, but it can also take a significant toll on your children.

While children often can pick up on the tension between their parents, studies indicate that a whopping 80% of children who experience a split between their parents when they are young, do not show any signs of being negatively impacted by the decision.

How divorce affects children of a certain age

On average, children aged 6-10yrs old are least affected by divorces; however, children aged 1-2yrs old’s seem to be the most affected. Every marriage goes through its good times and bad times; however, when children become involved in the equation, the stakes become even higher.

If you’re someone who is currently experiencing issues in your marriage and are considering divorce, it’s crucial that you think about what is best for your children and not just the two parents involved.

There are several aspects to a divorce that must be considered to ensure that both parties are satisfied with the end results, while also making sure that your children aren’t affected adversely by the whole ordeal.

The good news is that if you are trying to get a divorce, you can do a few things to make sure your children feel safe and loved while you and your significant other split up.

Every child handles divorce differently, while some children enjoy both parents being the home regardless of whether they fight all the time or not. Some children understand the dynamic between their parent’s relationship and can pick up on signs that there may be unhappiness looming. This is why it’s so important to speak with your children about how they feel when going through a divorce so that you can make sure everyone in your home is happy with whatever decision you two decide to make.

Below, we’re going to give you some helpful tips and information that you can use to get a divorce from your partner in the most amicable way possible.

Figuring out what’s best for your child during a divorce

One of the significant factors that impact children during a divorce is the custody arrangement that goes into place once the divorce is finalized. If your child has a great relationship with both parents, a custody arrangement will likely have little to no effect on them.

However, this can change in situations where a child may have a stronger relationship with one parent as opposed to another.

Divorce. What is best for the children?

Your divorce dynamics will also play a huge role in determining how well your child reacts to the split. For example, some couples are able to separate without any bad blood or bickering during the process. If this fits your situation, the good news is that you will likely not have to worry about your child experiencing any adverse side effects after you and your partner decide to do a split.

If you and your significant other have been having problems for quite some time now, the odds of your child being able to pick up on the tension between you two is very high. If your child is coming to you and asking questions about why “mommy and daddy” are arguing, the odds are they are able to sense all of the hostility between you two. In this circumstance, it can be beneficial to sit down with your child or children so that both of you can explain to them exactly what’s happening in order to get their input about how they would feel in the event of a divorce.

The good news for those out there dealing with marital issues is that a new phenomenon known as joint physical custody or JPC is slowly but surely on the rise within the United States. Joint physical custody is essentially “equal opportunity” parenting as both guardians are required to share equal splits for their children in terms of child support, housing, and the overall amount of time that each parent gets to spend with them.

Making the split happen

Once you’ve spoken with your child about the decision that you and your partner are about to make, you can proceed with the official court hearings so that you can make your divorce final.

Every divorce hearing is different, given that each couple will have unique elements to their situation that may not apply in other circumstances.

It’s best that you speak with a family attorney anytime you plan on getting a divorce so that they can give you advice on the best steps to take with your case on an individual basis.

People Also Ask

Q: Can divorce ever be good for a child?

A: According to statistical data, about 80% of children who experience a divorce can adapt without showing signs of any negative impacts on their social abilities, school grades, or mental health. This commonly happens when a child has developed a strong relationship with both parents.

Q: How do I help my kids through a divorce?

A: There are many things you can do to make the divorce process much easier for your children. This includes things like offering support during the separation process, maintaining good health, help them verbalize how they feel about the entire situation, and encouraging an atmosphere of honesty with your child.

Q: At what age does divorce affect a child?

A: Research shows that children’s worst age to experience a divorce is between the ages of 6-10. Alternatively, the best periods for a child to experience separation are between 1-2yrs old.

Conclusion

Now that you know how to handle a divorce while also considering your children’s feelings and emotional state, it’s time for you to make it happen. Before filing for a divorce, ask yourself these two questions: “Have I noticed any odd behavior from my children since my partner, and I have decided to split?” and “What is my child’s relationship like with both my partner and me?” These questions can be used as litmus tests to determine whether or not divorce is right for you.

Further reading: A self-help guide to best practices for parents getting divorced where children are involved.

If you have any questions, please feel free to contact us

How to get legal guardianship of a child?

Written by rpbstaging on . Posted in Custody, Guardianship.

How to get legal guardianship of a child?

How to get legal guardianship of a child?

Becoming the child’s guardian is a very daunting and time-consuming task; before you become the guardian of a child, you need to become informed about the entire process. To become the child’s guardian, you first need to file a petition; then, you need to get a letter of consent from the child’s parents. Some judges will want to conduct interviews at your home in addition to checking your criminal background before granting you guardianship rights. To make sure you handle the entire guardianship process correctly, you should consider consulting a family law attorney to help you.

How to get legal guardianship of a child?

If you’re currently going through a messy divorce battle with your spouse, chances are you will be trying to obtain legal guardianship of your child once all of the hearings and court appearances are done. Custody battles can be very tricky and often involve several aspects that all play a significant role in helping the presiding judge decide which parent will receive superior guardianship privileges.

However, in instances where the child’s well-being is in apparent jeopardy by one parent, your odds of gaining sole guardianship over your child are very high. You need to get a few essential documents in order before going into the courtroom to face the judge to be sure that you have the highest odds of winning the case.

For those out there who have been trying to gain legal guardianship over their child, you’ve come to the right place. Below, we’re going to give you a detailed breakdown of all the crucial details you need to know about approaching your upcoming custody battle.

Gaining legal guardianship over your child

Before you can gain guardianship over any child, you first must sign a petition that clearly outlines your interests and reasoning behind wanting to become a guardian. A letter of consent from the child’s parents will also be required before you are granted full guardianship rights over the child in question.

After the petition is filed, the court will proceed to arrange interviews with you, and in some instances, they will also want to interview the child and their parents. In most cases, the courts will also want to conduct a home visit, criminal background check, and inspection for the person requesting guardianship to ensure they are suitable for parental oversight.

 

If you’re a parent who wants to give up guardianship of your child, that is very possible; however, you must follow a very particular process in order to do so. When choosing a guardian for your child, you need to make sure that they meet the following requirements:

  • Able to physically fulfill their responsibility
  • Has to be of legal adult age
  • Must be able to spend adequate time with the child
  • Must be financially stable enough to care for your child

As long as the person meets all of these requirements, you will be able to appoint them as the guardian of your child. It would help if you kept in mind, there are instances in where the legal parents of a child will reject your request for guardianship.

In this event, guardianship will only be granted if the situation meets the following criteria:

  1. The parents have had their parental right terminated, or they have abandoned their child
  2. A judge finds it in the best interest of the child to remove them from the parent’s custody
  3. The current parents give consent

Being a child’s legal guardian is no easy task. If you plan on claiming sole guardianship of a child, you need to be ready to spend a lot of time with them and prepare yourself for the financial obligation that becoming a guardian entails.

After you win the case

After you’ve filed the petition, write the letter of consent, and complete all of the requirements outlined by the judge, you will be able to achieve a favorable outcome in your guardianship case. If you have any questions about the process of obtaining guardianship over a child, don’t be afraid to ask questions as it will help make the entire process much easier.

Make sure you find the correct probate court in the county in which the child lives or where any prior child custody orders have been filed. As long as you’ve made sure that becoming a guardian is something you are ready for, you can go through the entire process quickly.

It’s always advised that you speak with a family law attorney before getting into any guardianship hearings just so you can make sure all of your T’s are crossed and I’s dotted.

People Also Ask

Q: Can one parent give guardianship to another person?

A: Yes, if you feel as if you cannot meet the basic living demands of your child, you can go to the court and file a guardianship transfer order. Keep in mind, guardianship over a child only lasts until the child reaches the legal age.

Q: Can I file for guardianship without a lawyer?

A: In most cases, you do not need to contact a lawyer in order to ask a judge to be appointed the guardian of a child. You can obtain all of the necessary paperwork to file for guardianship from your local courthouse.

Q: How much money do you get for guardianship?

A: As of 2014, the average yearly salary for a court-appointed guardian was about $30,000. The requirements to become a point appointed guardian to differ between districts and states; this is something you want to keep in mind before applying to become one.

Conclusion

All of this information can be used to help you ensure that you get a favorable motion granted in your efforts to gain guardianship over a child. Before starting the process, you need to ask yourself these two simple questions: “Am I really ready to become a child’s guardian?” “Am I financially able to support a child?” Once you answer these questions, you will have a clear idea of whether guardianship is right for you or not.

If you need further advice on how to get legal guardianship of a child, please contact us

You may find this article  to seek help on Short-Term Temporary Guardianship helpful

What is default judgment in a child custody case mean?

Written by rpbstaging on . Posted in Court Decision, Custody.

What is default judgment in a child custody case mean?

What is default judgment in a child custody case mean?

A default judgment in a child custody case is a decision made by a judge in favor of one party due to the inaction of the opposing party. In a child custody battle, if a defendant fails to respond to the inquires of the court within enough time, a default judgment can be granted in favor of the plaintiff.
Child custody cases are some of the most challenging cases for many judges around the country to handle. This is due primarily to the very personal nature and often hostile courtroom environments that these types of cases produce. If you’re someone going through a child custody battle, it’s essential to know all of your case’s possible outcomes so that you can prepare yourself to gain the upper hand in the judge’s eyes.

A default court judgment is basically the final option for child custody cases in which one party has not responded to a court inquiry in enough time ad outlined by the appointed deadline. Another settlement option that you’ll have the ability to accept is an agreement; an agreement means that both parties have concluded on a final means of resolution for a case.

Depending on the relationship between the two parties involved in a child custody case, coming to an agreement or settlement in which both parties are satisfied can be nearly impossible. In this instance, a default judgment is likely to happen.
To help you better understand exactly what a default judgment is and how to avoid one if you’re the defendant in a child custody case, we’re going to provide you with a detailed breakdown below.

What does it mean to get a default judgment in a child custody case?

After the defendant and plaintiff’s initial court appearance in a child custody case, the defendant will have 21 days to respond to the initial court inquiry with either a complaint or summons. If a defendant in a child custody case fails to take either action within 21 days, the plaintiff has the ability to request a default ruling.

In the event that the judge grants a plaintiff’s default ruling request, the plaintiff will be required to appear at a short court hearing to get the final custody order approved. Once approved, the plaintiff will receive a custody decree which finalizes the battle between both parties.
As a plaintiff in a child custody case, a default ruling is one of the best decisions you can ask for because it means that the defendant essentially didn’t put up a fight.

How to set yourself up for the best possible outcome in your child custody case

If you’re the defendant in a child custody case and want to avoid a default judgment at all costs, you need to make sure that you respond to any court inquiries which may come your way after the initial hearing. As long as you submit some sort of response within the allotted amount of time, you will be able to dispute any claims the plaintiff throws against you.
If you’re confused about any of the details in your child custody case, mainly, you should contact a reliable family law attorney to help you.

People Also Ask

Q: What is a motion of default judgment?
A: A default judgment is any judgment made in favor of one party due to a failure to act on behalf of another party. You will often see default judgment rendered in favor of the plaintiff when a defendant fails to respond to a summons or other court order.

Q: What happens after a motion for default is filed?
A: The defendant will be given the ability to set aside the default judgment, and the judge must honor it. In this case, a new hearing will be scheduled and the court clerk will mail both parties a notice of the new hearing date.

Q: What happens if I don’t pay my judgment?
A: If a party fails to pay their judgment, the amount of the initial judgment amount will increase on a daily basis. The amount of interest a party pays on a judgment they have not fulfilled will increase by 10% each year.

Conclusion

Now that you know precisely what a default judgment is, use it to prepare better your case against the judge on your first child custody hearing. Ask yourself what some of the most prominent points you have to make against the other party to increase your odds of winning your child custody battle are.

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The information contained in the Randle Palmer & Associates website is provided for informational purposes only, and should not be construed as tax or legal advice on any subject matter. Randle Palmer & Associates provides legal advice and other services only to persons or entities with which it has established a formal attorney-client relationship.