The law is dynamic and always changing. Thus, it’s no surprise that most people don’t understand their rights under the law. Certainly, representing yourself is a herculean task. Moreover, a misunderstanding of the law may lead to a loss of rights. When searching for the best family court lawyer near me, choose Morgenstern & Associates.
You’ll Get Many Great Benefits By Hiring A Family Lawyer
Usually, many people think family lawyers only represent divorce cases and the associated issues. Yet, a family law attorney can also help you with adoption, grandparent visitation, prenuptial, and post-marital agreements.
Hiring a family law attorney to handle your legal issue is always a smart idea. With extensive knowledge of statutes and court rulings, a lawyer knows how to protect your rights. Furthermore, your attorney can develop the best strategies to achieve a favorable outcome.
Moreover, court procedures can be complex. You have to know which form to file and when you need to file it with the court. Miss a deadline and the court may dismiss your case.
Finally, a lawyer can give you an impartial view of your legal issue. Often, when dealing with family relationships, sometimes we can be too close to the situation to see things clearly. An attorney will focus on the facts and how they relate to the law.
Adoption
Adopting a child to join your family is usually a very exciting time. However, some of the legal procedures can leave you stressed and anxious. A qualified family lawyer can guide you through this process easing some of the tension.
One of the most stressful parts of adoption is the preplacement assessment or home study. Before finalizing any adoption, the courts need to ensure the placement is in the “best interests of the child”. To determine this, the court requires a home study.
In a family member’s adoption, such as with a grandparent, the Department of Social Services will conduct the assessment. The preplacement assessment professional will examine many aspects of the home:
- Demographic information on each individual in the home
- Family relationships
- Personality, attitudes, and beliefs of each family member
- Spiritual and religious beliefs
- Intimate relationships
- Mental and general health of each family member
- Parenting experience and methods of managing child’s behavior
- Financial information
- Home and community resources
- Cultural awareness and sensitivity
- Communication and problem-solving skills
- Capacity to understand, support, and advocate for the needs of the adoptive child
- References and verification, including a criminal background check
Moreover, to confirm the court’s decision, adoptive parents can expect two post-placement visits before the judge finalizes the adoption. These visits aim to ease the unification of the family.
Usually, most people panic at the thought of hosting these visits. However, a family law attorney can help you with the preparations and guide you through the process. Our team at Morgenstern & Associates can aid grandparents and stepparents in the adoption process.
Prenuptial Agreements
In today’s world, many people marry, divorce, and remarry. Often, when men and women remarry, they bring assets and children to the union. Many times, when these parents remarry, they don’t want their assets to pass to their new spouse. Understandably, they want their children from the previous marriage to inherit their property.
Executing a prenuptial agreement before getting married will detail the management of your assets. With an enforceable contract, you can dictate the distribution of your finances in the case of divorce or death.
Of course, your prenuptial agreement must meet certain requirements to be enforceable. Generally, it must be in writing and signed by both parties before the marriage. Additionally, the court must deem the terms of the agreement “fair and reasonable”. Using an experienced lawyer can ensure you meet all the provisions of the law.
Post-Marital Agreements
Typically, post-marital agreements are very similar to premarital contracts. Generally, too, the reasons couples draft either agreement are alike. However, there is one big difference between the two. Couples execute a prenuptial agreement before the wedding while validating a post-marital after the nuptials.
Now and then, couples get married without a prenuptial agreement and then their financial situation changes drastically. Perhaps you suddenly received a large inheritance that you want to pass to your children.
Or maybe you and your spouse argue about your finances. Executing a post-nuptial contract can define who is responsible for paying specific debts.
FAQs About Finding The Best Family Court Lawyer Near Me
Navigating through complex laws to achieve a favorable outcome requires the skills of an experienced attorney. Choosing the right lawyer from among the many in our area can be challenging. To assist you in your search, we’ve answered a few of our most commonly asked questions.
I’m A Grandparent. Can I Sue For Visitation?
Possibly. Grandparents may be able to ask the court for visitation, but this right is highly dependent on the circumstances. It’s best to consult with a family law attorney to determine your options.
Isn’t It Easy To Break A Prenuptial/Post-Marital Agreement?
No. Both types of agreements are contracts and enforceable by law.
Can A Prenuptial Agreement Waive My Right To Spousal Support?
Yes. This is why it’s very important to have an attorney review your agreement. We’ll examine your contract and explain all the legal implications of signing it.
With over 40 years of combined experience, the attorneys of Morgenstern & Associates are board-certified specialists in family law. Plus, US News & World Report gives our firm its highest ranking for a metropolitan area family law firm.
When you need the best family court lawyer near me, trust us for compassionate, expert legal advice. Call us today at 336-203-9110 to discuss the details of your situation.