Archive for July 2011

Mothers' Rights in Florida

Thursday, July 28, 2011

Both mothers and fathers have certain legal rights in regards to their children. Mothers have rights to their children, whether or not they were ever married to the child's father. There will be times when issues will arise in regards to paternity, child custody, visitation, and support that will need to be resolved legally. When mothers encounter situations that need legal assistance, they can benefit from retaining the services of an experienced family lawyer.
One common reason why a mom may need to retain an attorney has to do with child abuse and/or spousal abuse. These types of situations are extremely sensitive, and must be handled with the highest level of care, especially when the mother and her children are in imminent danger from the abuser. Whether the father is her boyfriend, or her husband, there are specific legal actions that can be taken in order to protect a woman and her children from the father. An attorney can help her take out an order of protection against the abuser so he can be prohibited from contacting her or the children. If he violates the order of protection, he can face criminal consequences and potential jail time.

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Can I Get Child Support in Probate Court?

Thursday, July 14, 2011

All too often when a parent dies who has minor children, the custodial parent loses out on child support. This is unfortunate but it can be handled in the probate proceeding. However, time is of the essence. The parent who takes care of the child or children should be vigilant to be sure that child support is paid even though the obligated parent is deceased.
First of all, under Minnesota Law the child is entitled to maintenance paid from the probate estate for at least 18 months after the parent's death.
Secondly, if there is child support which is past due, the custodial parent on behalf of the child may wish to make a claim on the estate for the unpaid child support.
Furthermore, the divorce decree may contain contract obligations that the deceased parent's estate may owe to the child or to the former spouse. This could include property settlements or support obligations that the decedent had agreed to or was ordered to perform as part of the divorce process.
The surviving parent should carefully examine the divorce decree for terms and conditions that may be enforced in the probate proceedings. Possibly even more significant is that point that the child may be entitled to a significant part of the estate of the deceased parent.

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How Does DCFS Handle Reported Cases Of Child Abuse And Neglect?

Sunday, July 3, 2011

If the Department Of Child And Family Services (DCFS) could have one wish granted, it would be that they would never again have to investigate a case of child abuse or neglect.
This is unfortunately an unrealistic desire; and making it even more unfortunate is the fact that this department of the government is so inundated with investigation requests to help stop child abuse that it often takes a longer time than not to get to the bottom of the issue. And with over 100,000 child abuse cases brought to the department on a yearly basis, it is no wonder that time is of the essence when it comes to providing families with the relief they seek.
Signs of child abuse are fairly overt when an adolescent is sporting bruises, black eyes, broken bones, or other types of scars related to being physically assaulted by an individual over the age of eighteen.
But, recognizing the signs of child neglect are often not as easy to spot, much of the time because any outsiders to the situation don't know exactly what types of adult behaviors fall into the "neglect" category.

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