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211 Search Results for children

February 23, 2021

A Pending WV Family Law Catastrophe

...estion as to what the expectation would be if someone (a man) abandons his children then comes back and petitions to modify….yep…50/50. It will totally inhibit parties from reaching agreements in mediation. It will also result in more “abuse and neglect” petitions on the grounds of abandonment which are not typically filed now if there is a parent properly caring for the children. It is just not well-thought-out. It impacts many other code section...

March 6, 2011

Factors in Determining Alimony (Spousal Support), The WV Statute, Sec 48-6-301

...ing described in subdivision (10) above; (13) The costs of educating minor children; (14) The costs of providing health care for each of the parties and their minor children; (15) The tax consequences to each party; (16) The extent to which it would be inappropriate for a party, because said party will be the custodian of a minor child or children, to seek employment outside the home; (17) The financial need of each party; (18) The legal obligatio...

March 15, 2014

Adoption

...adoption. I’ve handled a case in which the birth father had abandoned his children and was willing to let the stepfather take over in order to get out of the financial obligation of child support. In another case the birth mother hadn’t seen her three beautiful daughters for three years. In that case, a foster mother fought hard to make those children her own. I’ve also handled cases where a teenage mother allowed her parents to adopt her child,...

November 18, 2011

Collegiality, Professionalism, and Burt’s Lie Detector

...ourt will consider this behavior consistent with the best interests of the children, and if proven, can cost him some of his parenting rights.” The receiving lawyer simply needs to consider the context of my writing and give me the benefit of not being as stupid as he or she assumes I am. As for being overzealous, filing pleadings on time, following up discovery with reminders of overdue responses, refusing to accept an answer that no witnesses ha...

February 1, 2011

The Tension Between Lawyers and Judges

...cars, the debts, and alimony claims; as if these issues do not impact the children! 7. Some judges do not care if the lawyers go to the mediation, even though when they do, mediation is the most important part of the whole process. Who in their right mind would leave their lawyer home for the most important event in their divorce case? Understanding mediation takes brains, imagination, humor, daring, and compassion. These qualities are lacking in...

July 7, 2010

So, You Think A Divorce May Be In Your Future?

...ctive order may be child abuse or neglect that results in your losing your children, temporarily or permanently. b. If such an order is properly entered, initially or after a trial, it can give you a tremendous edge in custody and visitation issues. Remember, I said “properly” issued. I am not saying to file based on something frivolous. Not only is it just not right, but if the Court realizes you are using it, your efforts could backfire. c. If i...

March 14, 2012

Is It Ok to Bite My Child?

...ing about a really good mediator here, with near encyclopedic knowledge of children’s developmental issues. She educates me at every mediation where children are involved. She patiently explained to the Mother that she “had heard” (This indicated to me that her own parents did not believe in this particular disciplinary tool!), that she “had heard” that people of “a certain generation” believed that such tactics constitute good parenting. This is...

April 14, 2010

Lawyers Are People Too

...iting to and hearing from David. I can suggest something, and, pretty soon, he makes it happen. I purchase ads for the various tourneys, and I attend, photograph, watch, and visit. Now that we have grandchildren, we usually are with them while our children bowl. But, it is like any other gathering of West Virginians. Lots of fun when good people get together on our country roads....

March 8, 2013

What If I Hire a Divorce Lawyer

...ile a domestic violence petition? e. Will there be a “tug of war” over the children; f. Then, you are assigned “home work”. The better job you do, the more savings you will have. The more work you do, the less you have to pay the lawyer. Be prepared to work in order to protect yourself, your rights, and your children. 16. At the end of that first interview, the client often says, “I feel much better now.” And so he or she should feel. They have a...

March 15, 2014

FAQ

...50 years old, in a 30 plus year marriage, who stayed home and raised their children, is going to have a better alimony claim than a working professional with income the same or nearly the same as her spouse. Alimony may be temporary, as in a temporary divorce order, rehabilitative; for example, where one of the spouses needs to complete college, or permanent, where there is no reasonable prospect that the needy spouse can “close the gap” in their...