Parsons Law, PA Asheville Family Law Firm 2025-03-31T11:46:30Z https://www.attorneyparsons.com/feed/atom/ WordPress /wp-content/uploads/sites/1101482/2019/04/cropped-favicon-32x32.jpg On Behalf of Parsons Law, PA <![CDATA[How to talk to your kids about divorce]]> https://www.attorneyparsons.com/?p=51667 2022-06-16T02:21:41Z 2022-06-16T02:21:41Z Be honest but selective Telling your children about a divorce can be difficult. It is a weighty subject, and might not feel easy. Even though it is not easy, it is important for you to be honest with your children about the divorce and some of the reasons behind it. That said, you do not need to tell your children every detail or speak about your soon-to-be ex-spouse in a negative light. Doing so can often make the divorce process more difficult for them.

Make space for their emotions

Along with being open and honest with your children about what is going on, you also need to make some time and space for their feelings. Your children may have many different feelings about what is going on, and they will likely need extra support as they work through all of the emotions that they experience. By letting them know their thoughts and feelings are important you can help reduce some of their stress. Divorce is often difficult, especially when you share children. While it may be a tough road at times, there can be simple ways to look out for your children and make the process a little easier for them.]]> On Behalf of Parsons Law, PA <![CDATA[The challenge for LGBT couples adopting]]> https://www.attorneyparsons.com/?p=51519 2022-06-07T10:52:25Z 2022-03-15T20:40:26Z legal representative working on their behalf.

Discriminatory laws

Although same-sex marriage is the law of the land, this does not mean homophobia is no longer a factor. Even those who believe themselves to be accepting might feel adoption is unacceptable. This attitude continues even though there is documented research showing no negative impact on kids in same-sex homes. Some states allow religious freedom as an argument against allowing gay adoptions. If you live in one of these areas, it does not mean that adoption is impossible. It does mean, however, that you will have to do some concentrated searching for an agency that is willing to work with you.

Adoption agency matches

Finding an adoption agency that is agreeable to your situation requires diligence. You may have to get in touch with more than a few before you find one that serves your needs. Confirm the one you set out to work with is a suitable match. Ask how long couples in your situation typically have to wait. How many same-sex couples does the agency assist every year? Find out whether they offer continuing support services for gay parents. Homosexual couples want children for the same reasons straight ones do. Kids bring joy to partners no matter their gender or orientation. Despite this, natural birth is rarely an option for gay couples. Instead, adoption is one of their primary avenues to parenthood.]]> On Behalf of Parsons Law, PA <![CDATA[Identifying parental alienation amid divorce]]> https://www.attorneyparsons.com/?p=51514 2022-06-07T10:52:32Z 2021-12-16T18:14:18Z turn your shared child against you may constitute something called parental alienation. Parental alienation occurs when one parent makes repeated efforts to make a shared child feel as if the other parent is dangerous or bad. Judges or attorneys may be able to determine if parental alienation is occurring within your own family by considering the following four areas.

Whether you and your child used to have a positive relationship

For parental alienation to be at play, you and your child who now favors the other parent must have had a solid and loving bond in the past.

Whether you mistreated your child

Whether your own actions could have caused your child to resent, avoid or alienate you is also an important consideration when it comes to allegations of parental alienation.

Whether the other parent practiced multiple alienating behaviors

You may be able to strengthen your allegations of parental alienation by showing that your former partner made repeated and varied efforts to alienate your child from you.

Whether your child appears harmed by the behavior

Courts and attorneys may also consider whether your shared child is experiencing negative effects because of the favored parent’s efforts to alienate you. If you are able to show that all four factors outlined above exist, the courts may decide that parental alienation is, in fact, impacting the relationship that exists between you and your child. If so, this may impact any custody-related decisions the court must make during your divorce.]]> On Behalf of Parsons Law, PA <![CDATA[Understanding different types of child custody]]> https://www.attorneyparsons.com/?p=51510 2022-06-07T10:52:39Z 2021-09-21T16:23:46Z custody you have.

What are the types of child custody?

Physical custody determines which parent a child lives with. Usually, the noncustodial parent has the right to limited visitation. Failure to comply, though, never results in fines or jail time. Under certain circumstances, parents get joint physical custody. According to the American Psychological Situation, this may be the optimal situation. Legal custody gives one parent the right to make important decisions for a child. This includes matters such as schooling, medical care, and religious upbringing. Under a joint legal agreement, both parents decide what actions are best for the child. One parent will get sole custody when there is proof that the other parent is unfit. Evidence of physical abuse or drug dependency is enough to rescind parenting privileges.

How do you get favorable child custody agreements?

The way you parent will have a direct impact on the sort of child custody you receive. Contemplate how your actions as a parent will impact a judge. Dress for court with a justice of the peace in mind and display proper courtroom etiquette. Present yourself as a caring and concerned parent to the best of your ability. Knowing what types of child custody you may get can prepare you for any decision the family court hands down. Educate yourself and approach the courtroom experience with the greatest wisdom possible.]]> On Behalf of Parsons Law, PA <![CDATA[Does a child’s disability affect when child support ends?]]> https://www.attorneyparsons.com/?p=51417 2022-06-07T10:52:45Z 2021-09-20T18:29:43Z the income shares model to set support payments.

When do payments typically end?

In most child support matters, support payments end when the child turns 18. If your child is still in school on his or her 18th birthday, a judge may order you to pay child support until your child graduates or reaches the age of 20. On the other hand, if your child support obligation stems from a contract you have with your ex-spouse, your support payments end when the contract says they do. This may be when your child turns 18 or well after.

When do payments end for children with disabilities?

Disability does not by itself affect when child support payments come to an end. If your child does not have the mental or physical ability to support himself or herself, you may voluntarily choose to extend financial support. Absent a contract or court order, though, you probably have no legal obligation to do so. Ultimately, if you worry about your child's well-being after losing your support payments, you may want to look into his or her eligibility for means-tested government benefits, such as Medicaid or Supplemental Security Income.]]> On Behalf of Parsons Law, PA <![CDATA[Was something a gift that is exempt from equitable distribution?]]> https://www.attorneyparsons.com/?p=51409 2022-06-07T10:52:54Z 2021-07-27T15:05:14Z equitable distribution.

Exclusive use

If a spouse receives an item that only he or she can use, a court will normally deem that item to be a gift. For example, if one spouse gives another something for personal and exclusive use such as a watch or jewelry, it is probably a gift.

Inheritances

For the most part, inheritances are gifts. If one spouse inherits assets, they will likely remain his or her sole property.

Title

Legal title to certain property such as a house or a car may be in only one spouse’s name. A person may argue that having sole title to something shows that he or she received it as a gift. However, the title being in one person’s name does not necessarily prove that it was a gift. If both spouses used the item, it may be property. Courts will apply legal guidelines consistently when evaluating what property to divide during divorce proceedings. However, they recognize that every couple’s situation is unique. They will assess all relevant evidence to determine if the property was a gift.]]> On Behalf of Parsons Law, PA <![CDATA[Steps to take when divorcing as a North Carolina business owner]]> https://www.attorneyparsons.com/?p=51388 2022-06-07T10:53:06Z 2021-05-24T19:30:09Z North Carolina divorce.

Record business contributions

If your spouse contributes to the operation of your company in any way, carefully and comprehensively document those contributions. These records (or the lack thereof) will help establish a fair arrangement when you negotiate the division of your business.

Take a reasonable salary

While it may seem counterintuitive to pay yourself for the work you do as a business owner, doing so helps protect the company in a divorce. If you do not take a salary, your spouse could content that he or she deserves a larger portion of marital property because you did not contribute to household expenses.

Establish a written agreement

If you do not already have business bylaws or an operating agreement in place, you can use this type of legal contract to establish the share of the company each partner's spouse would receive in a divorce. This can be a flat fee, ongoing shares or a percentage of the value. You can also make a postnuptial agreement that designates your company as separate property. When you and your spouse operate the business together, you may decide to sell and split the proceeds or continue to work together as partners.]]> On Behalf of Parsons Law, PA <![CDATA[Should you file a claim against your spouse’s lover?]]> https://www.attorneyparsons.com/?p=51385 2022-06-07T10:53:14Z 2021-05-03T19:26:42Z If your spouse has an affair or starts a romantic relationship with someone else before your North Carolina separation is final, you may have grounds for a claim against the third party. While mediation settles many of these cases, some go to court.  According to the North Carolina Legislature, a claim of alienation of affection or criminal conversation must take place within three years of the last time the defendant acted in a manner to cause the action. 

Requirements for a claim

You must establish several elements for a successful lawsuit: 
  • You and your spouse had a loving relationship before the affair 
  • How the paramour’s conduct destroyed or diminished a loving marriage 
  • The wrongful conduct of the third party led to the demise of your relationship 
Although a claim of criminal conversation typically accompanies an alienation of affection claim, it may not. A non-sexual relationship or one that consists of only virtual contact, such as video calls, phone conversations and texts may also qualify. Such a claim can entitle you to monetary damages, including distress, loss of marital relations and income. 

Considerations before you file

Although you may have a legal basis for a claim, you may decide not to pursue such an action. Lawsuits are of public record. Can you handle having your personal life made public? The defendant must protect themselves, which means delving into the details of your marriage and rooting out any decision, conversation or event that can show the weak spots in your relationship.  Lawsuits are expensive. Do you have the financial resources and time to spend on private investigators, forensic experts and depositions? It may take months to gather all of the information needed to win your suit.  Depending on the situation, even if you win, the defendant may not have the income or assets to pay the award. In the end, you can spend significant effort winning your case, with nothing to show for it. Understanding the options regarding a cheating spouse and divorce negotiations is critical for making the best decision for you. ]]> On Behalf of Parsons Law, PA <![CDATA[Why having children can be expensive for same-sex couples]]> https://www.attorneyparsons.com/?p=51380 2022-06-07T10:53:20Z 2021-04-16T04:04:08Z explains the kinds of expenses same-sex couples face when it comes to having children. While it may be possible to avoid some of these high costs, they are often an inevitable part of the process.

The costs of having children

Some same-sex spouses have children through a surrogate. To accomplish this, they need to create an embryo that a doctor can implant in the surrogate mother. This will necessitate costs related to fertility treatments and surrogacy. As an alternative to surrogacy, some same-sex couples adopt a child. Adoption can also require a lot of time and money. These steps are not always predictable, either. Complications during fertility treatments and surrogacy can result in higher medical bills. Adoptions can also encounter difficulties and delays. As a result, planning for these events is often difficult.

The costs of gaining parental recognition

Some LGBT+ individuals have already had children during their single lives or in a relationship like a domestic partnership or a civil union. However, now they wish to marry. While this should be a happy occasion, some same-sex couples face the problem of the state not recognizing them as parents of their children. As a result, even a newly married same-sex couple must take extra steps and spend money so that their home state will deem them the legal guardians of their children. They may have to formally adopt their children to become legally recognized parents. This does not count the different ways North Carolina law can make it complicated for same-sex couples to have children.]]> On Behalf of Parsons Law, PA <![CDATA[What should I know when filing for custody in North Carolina?]]> https://www.attorneyparsons.com/?p=51376 2022-06-07T10:53:27Z 2021-04-02T20:20:25Z custody decisions on the best interests of the child at the center of the dispute. That means that your wishes and desires can take a back seat to what is best for your child.

Legal vs. physical custody

Legal custody enables a parent to make major decisions on behalf of a child. For example, a parent with legal custody of a child has the authority to choose schools and seek out medical care. Conversely, physical custody involves where the child resides. One parent can have legal and/or physical custody exclusively, but it is also possible for both parents to share them.

Sole vs. joint custody

When one parent has sole legal custody of a child, they make all major decisions regarding that child's life. This parent can make decisions without the need to contact the other parent to receive their input. The sole custodian can still seek out input from the other parent, but it is not required. Sole physical custody means one parent lives with the child and the other receives visitation. Joint legal custody typically requires an agreement between both parents in case debates arise about childcare. Joint physical custody requires the child to spend time at each parent's home. Developing a custody schedule is beneficial, so everyone remains on the same page. The custody process begins with filing a complaint. Be prepared to present evidence if asking for sole custody. Courts prefer to award custody to both parents, unless there are concerns about parental fitness.]]>