Law Offices of David T. Garnes, LLCLaw Offices of David T. Garnes, LLC2024-03-14T17:26:24Zhttps://www.garneslaw.com/feed/atom/WordPress/wp-content/uploads/sites/1103031/2023/02/cropped-favicon-32x32.pngOn Behalf of Law Offices of David T. Garnes, LLChttps://www.garneslaw.com/?p=502172024-01-31T13:15:45Z2024-01-31T13:15:45ZParents or the courts make the final decision
Every custody arrangement is unique and reflects either an agreement reached by the parents or a judge's belief about what may be in the best interests of the children. Some parents specifically include provisions about relocations or even vacation travel in their parenting plans. Others have to rely on state law to address a relocation request.
The rules about move-away scenarios in Pennsylvania and New Jersey are slightly different, but the same general standards apply in both jurisdictions. A parent proposing a long-distance move or a relocation out of the state typically needs to send prior notice to both the family courts and their co-parent.
If they do not receive approval from their co-parent to move, then they may need to litigate. Family law judges can hear the perspective of both parents before determining whether a relocation request might be in the best interests of the children. They have the authority to approve a move-away request or deny it. They can also modify the existing custody order to ensure that the relocation of one parent does not negatively impact the parental rights of the other.
Current parenting arrangements, the potential challenges created by the relocation and other factors can influence both a parent's options and how the courts may view the situation. Planning carefully before proposing a relocation or responding quickly to a proposed move can both be important for parents hoping to preserve their parental rights.]]>0On Behalf of Law Offices of David T. Garnes, LLChttps://www.garneslaw.com/?p=502132024-01-02T15:57:43Z2024-01-02T15:57:43ZEstablishing paternity
The first step toward securing shared parental rights is to ensure that the state recognizes someone as a parent. Mothers and married fathers have automatic parental rights. Unmarried fathers have to establish paternity. Some men establish paternity shortly after the birth of a child by filling out voluntary paperwork at the hospital. Provided that the mother of the child acknowledges someone as the father, there are documents that can quickly and easily add his name to the birth certificate.
This process can occur right after the birth of the child or at any time while they are still a minor. If the mother does not acknowledge the father or refuses to cooperate, then he may need to request paternity testing from the Pennsylvania family courts. Once the state recognizes a man as the father of a child, he can then make use of his parental rights.
Requesting shared custody
A man who has established paternity has the same theoretical rights as a married father or a mother. He can ask for an allocation of parenting time and also for legal custody or decision-making authority. Even if the mother does not want to share parenting time with him, the courts typically try to act in the child's best interests, and that often entails helping preserve both parental relationships.
Although it may take a few extra steps, unmarried fathers can enjoy the same rights and privileges as any other parents in Pennsylvania. Taking the time to legally establish paternity is worth the effort as it can potentially benefit everyone in the family in the long run.]]>0On Behalf of Law Offices of David T. Garnes, LLChttps://www.garneslaw.com/?p=502112024-01-16T22:49:50Z2023-11-29T02:41:52ZCreate a solid parenting plan
Your parenting plan should be as detailed as possible. It should include information about when each parent will have time with the children. Special plans must be included for school breaks since these are often the times when the long-distance parent has a chance to spend time with the children.
Include virtual visits
Technology makes it easier to stay in contact with people, even if you live thousands of miles away. You can use phone calls, video chats and similar methods to communicate. This lets the parent who’s not with the child to read bedtime stories, help with homework and participate in activities. These virtual visits should be set based on the child’s schedule, even if it means the parent has to wake up at unusual times.
Play an active role in the child’s life
Regardless of where you live, your children need you to play an active role in their life. Making this a priority is critical. Even small gestures, such as sending them cards or making videos congratulating them on their accomplishments can mean a lot to your children.
Make in-person visits a priority
While it may be tempting to always have the child go to the long-distance parent’s home, it may be possible to have more time in person together if that parent makes some trips out to where the children live the majority of the time. Virtual visits are an important bridge between in-person visits, but they won’t ever fully replace in-person parenting time.
Having all the terms of your parenting plan geared toward the long-distance factor can help everyone involved. One of the most important things to remember is that the plan must be realistic. Never include terms that will be impossible to comply with. Seeking legal guidance can help you to work out what makes the most sense for your family’s unique circumstances.
Please see our overview, "Tips for Making Co-Parenting Work," for more helpful information.]]>0On Behalf of Law Offices of David T. Garnes, LLChttps://www.garneslaw.com/?p=501962023-10-29T15:39:18Z2023-10-29T15:39:18ZThere is research connecting parental divorce with declining academic performance, mental health challenges and sometimes even a decline in physical health.
However, divorce does not occur spontaneously and without careful prior consideration. Many people preparing for divorce have suffered through an unhappy marriage for years. And, ultimately, staying in an unhealthy relationship can actually do far more harm to one’s kids than a divorce might.
Children may witness damaging conflict
Divorce does often lead to parents fighting with each other, but they probably fight already if one adult in the household sincerely thinks the marriage is past saving. In some families, fighting may happen more often than amicable communication between the adults in the household. The more conflict children witness, the more likely they are to develop mental health challenges including anxiety and depression. Parents who are already in a high-conflict marriage will frequently realize that divorce is a less-harm option when compared to staying in that unhealthy situation.
Children model what they see at home
No matter how many times parents tell their children to do as they say and not as they do, children are very unlikely to internalize those lessons. Instead, they will subconsciously repeat the same patterns that they saw their parents display throughout their marriage. Children who witness intense parental conflicts may be more likely to end up in unstable or abusive relationships in the future.
They may have a hard time even establishing a romantic connection with someone. Parents can model the importance of self-care and of selecting healthy relationships by choosing to end a marriage that has become dysfunctional. When children see their parents setting good examples, they will hopefully learn from their parents' mistakes and make better choices about their partnerships later in life.
Those questioning whether divorce is appropriate for their families because they worry about their children may need to consider whether the current situation is a healthy one and whether divorce might improve the situation for everyone in the family in the long-run.]]>0On Behalf of Law Offices of David T. Garnes, LLChttps://www.garneslaw.com/?p=501892023-09-27T07:23:52Z2023-09-27T07:23:52Zequitable distribution rules to divide marital property and assign responsibility for marital debts. What does equitable distribution mean for assets that people cannot split?
Their values influence the outcome
There are certain types of assets that represent a real challenge for people preparing for divorce. It can be difficult to accurately put a price on a small business, for example. Even real property, such as the marital home, can be difficult to value because of constant market fluctuations.
The equitable distribution process will require that the courts look not just at who retains the assets that couples obtained while married but also at what they are worth. The marital home or a small business can have a set value that the courts can consider when deciding how to handle other property and any mutual debt. There is a fair way to handle splitting the value in particularly large assets. Although only one spouse can own the house after divorce in most cases, the spouse not living there should receive some of its equity or other marital assets to offset their interest in the property.
Both judges overseeing family law litigation and couples negotiating before divorce can be as creative as they desire when addressing large assets that couples cannot directly split. It is possible in some cases to sell assets and share the proceeds or to arrange to have one spouse keep certain assets while the other receives different property from the marital estate.
Understanding that property division is not a winner-take-all process but rather one focused on fairness may help people prepare for negotiations or court hearings during divorce. Seeking legal guidance can help spouses to benefit from a personalized approach to property division strategy.]]>0On Behalf of Law Offices of David T. Garnes, LLChttps://www.garneslaw.com/?p=501872023-08-24T16:13:15Z2023-08-24T16:13:15ZBoth parents have legal rights
Fathers and mothers are both important for the healthy development of a child socially and emotionally. The family courts therefore prefer to see parents cooperating with one another when they decide to end their romantic relationship while their children are still young.
The parent who has more time with the children should encourage the children to spend as much time as possible with the other adults in the family. They should allow for reasonable communications and regular access. A parent who refuses to let their children spend time with their other parents may cause harm through those efforts.
Intentional parental alienation doesn't just damage the bond that an adult has with a child. It can also cause long-term psychological challenges for the children. The family courts tend to look down on those who put petty vindictiveness ahead of the best interests of the children. Parents denied visitation, particularly if the co-parent refusing them access has sent messages indicating they are intentionally interfering in the relationship, can potentially ask the courts to intervene.
A family law judge can help resolve a situation where one parent interferes in the relationship that the other has with the children using several different tools. Sometimes, they might choose to specifically adjust the division of parenting time to reflect how one adult has failed to put the children first based on their conduct. Other times, they could order makeup parenting time for the adult previously denied access to the children. In extreme circumstances, judges even have the authority to hold someone in contempt of court if they fail to adhere to the terms outlined in a custody order.
Gathering documentation that supports a claim that a co-parent has interfered in someone's relationship with their children is often an important starting point for those concerned about parental alienation and safeguarding their parental rights.]]>0On Behalf of Law Offices of David T. Garnes, LLChttps://www.garneslaw.com/?p=501852023-07-25T23:47:31Z2023-07-25T23:47:31Zweighing the pros and cons of each approach.
What to consider if you’re thinking of filing bankruptcy first
A lot of financially pressed couples decide to go through bankruptcy first because of the benefits it can bring to both their daily lives and their divorce process. Consider these:
An automatic stay goes into place that halts most collection efforts, and that can give you a chance to start putting money together to pay for your divorce and eventual relocation.
It will be much easier to divide up the marital assets and debts once the bankruptcy is over. The vast majority of people who file for a Chapter 7 bankruptcy keep all or most of their assets, but lose their unsecured debts. Alone, that can make dividing the marital estate a lot more straightforward.
If you can’t file for Chapter 7 because you don’t meet the income limits, however, you will need to file for a Chapter 13 debt reorganization. That means you could be looking at a years-long process before you can finally move on from your marriage. That could be a critical factor in your decision.
What to think about if you’re considering filing for divorce first
Filing for divorce first allows you more control over the timeline of your split, potentially enabling you to move forward with your life sooner. It can also have the following benefits:
If Chapter 13 is an unwelcome option, divorce takes your spouse’s income out of the equation, potentially allowing you to proceed with debt relief under Chapter 7, instead.
If the debts that are so overwhelming are largely your spouse’s doing, the court may find it equitable to assign the majority of those debts to them in your split. You may not need to file for bankruptcy when the divorce is over.
Without the benefits of bankruptcy, of course, you may still be hounded by debt collectors, and that could make it harder to afford your divorce and all the upcoming changes.
By seeking experienced legal guidance, you can better evaluate your specific circumstances and make an informed decision that aligns with your needs and goals.]]>0On Behalf of Law Offices of David T. Garnes, LLChttps://www.garneslaw.com/?p=501802023-06-24T15:23:51Z2023-06-24T15:23:51ZHiding assets
When someone hides assets, it means they’re trying to keep them from being considered in negotiations or litigation. For example, maybe a business owner has transferred funds into an offshore account. Or, perhaps an individual gave the contents of a bank account to a friend, with the understanding that their friend would give that money back after the divorce. It is illegal to hide assets. Both spouses are required to give a full disclosure of everything that they own so that the court can help them work through property division in the event of a contested divorce. But it does still happen, which is why it’s important to look for red flags or other warning signs that a spouse may be trying to keep assets hidden.
Dissipating assets
Dissipating assets is also a tactic used to keep the other spouse from getting assets during divorce, but it relies on spending rather than hiding. Oftentimes, this occurs when one person knows that they have the potential to earn a lot of money or they have a very reliable income. Maybe they are a business owner who makes millions of dollars a year, while their spouse is a teacher who hasn’t worked in the last few years. The person who earns more will spend the money on vacations, buying gifts for friends, paying for food and entertainment and things of that nature. They are just trying to spend the money quickly so that they don’t have to divide it with their ex, and they assume that they can then earn back whatever they spend after the fact. This approach is also potentially consequential in that the court may come down very hard on anyone who tries to spend their ex out of a rightful share of marital assets.
These are just two examples of how divorce can get financially complicated. Seeking legal guidance can help individuals to better ensure that their interests remain protected throughout this process.]]>0On Behalf of Law Offices of David T. Garnes, LLChttps://www.garneslaw.com/?p=501782023-05-25T13:49:43Z2023-05-25T13:49:43ZNew Jersey does require support for college students
Most states terminate child support when someone turns 18 or graduates from high school. For New Jersey children who will go straight into the workforce after high school, their graduation or birthday could very well mean the end of financial support even if they still live with one of their parents full-time. However, if that teenager enrolls in college on a full-time basis, the state can extend the child support order in their case until they graduate from college or turn 23.
Of course, the amount of support owed to college students is often far lower than what it actually costs to send a young adult to college. Parents sometimes work out an agreement to cover college costs instead of relying on child support because child support amounts will typically be so much lower than what tuition, housing and other educational expenses will add up to each month.
If the parent who is paying support is not willing to contribute more than what the state orders, then extending the child support order may be the best way to reduce the financial burden on the other parent and the college student. Seeking legal guidance to better understand the rules about child support in New Jersey can make it easier for individuals to push for an appropriate support order based on their family's circumstances.]]>0On Behalf of Law Offices of David T. Garnes, LLChttps://www.garneslaw.com/?p=501762023-04-23T23:13:37Z2023-04-23T23:13:37ZNew Jersey allows some grandparents to ask for visitation
In a scenario where parents have divorced or separated and grandparents do not have access to their grandchildren, they can potentially go to the New Jersey family courts and ask a judge to grant them visitation. In fact, this may be possible any time a parent refuses to let a grandparent continue a relationship with their grandchildren.
Provided that they have a pre-existing, positive relationship with the grandchild, grandparents have a chance to convince a family law judge that maintaining the relationship would be in the long-term best interests of the children. Those best interests are what determined all visitation and custody requests in New Jersey, so grandparents asking for access will typically want to frame their requests accordingly.
Grandparents may be eligible to adopt as well
In scenarios where parents lose their custody rights due to state action, extreme health issues or incarceration, grandparents can potentially step up and move into a parental role. When it comes to adoption and foster placement, grandparents and other immediate family members may receive preferential consideration from New Jersey when the state attempts to place the children somewhere stable and safe.
Grandparents in a variety of different family circumstances may recognize that they are in a position to spend more time with their grandchildren or help them through a difficult situation. Learning about and asserting grandparents' visitation and custody rights in New Jersey with the assistance of a legal professional can benefit both the adults in the family and those children who have likely been through a difficult time.]]>0