How To Deal With Child Custody ~ Marital and Family Law

Article by Michael Clough

When dealing with divorce, a child custody dispute, or any other type of marital and family law matter it is important to have an attorney who is knowledgeable, experienced, and passionate in representing your marital and family law goals.

Marital and family law cases can be quite complex and require a detailed approach to effectively achieve your desired results regarding divorce and family law issues.

When children are involved, they must be protected from any negative influences which may make difficult transitions of their home-life easier, and without major traumatic incidents. Which is why our firm handles all marital and family law issues with the utmost discretion.As a law firm providing experienced Marital and Family Law Attorney – Lawyer legal services, assisting Orlando and Central Florida area residents with divorce and other family law legal needs, we are committed to protecting the legal rights of each and every client, while always striving to provide the highest standard of legal representation.

If you require professional advice and representation for a divorce or other family law issue, make sure your legal rights are protected by seeking the legal advice of an experienced Orlando family law attorney – lawyer. Contact Christian Conrad, PA., today by calling (407) 340-7116.

There are many issues which may come up during the course of a divorce, during the marriage, after a separation, or after a break up involving unwed parents of a child which may present obstacles to ending a marriage without dispute. Some of issues which may arise during a divorce may include:

* Divorce – Marriage Dissolution* Child Custody and Visitation* Child Support* Child Paternity* Spousal Support (Alimony)* Family Law Modifications* And other Family Law legal issues.

Additionally, after a divorce or a court judgment regarding certain family law issues, when the circumstances of either party significantly changes, either party may request a hearing for a post judgment modification. Family law modifications are typically sought regarding, child custody, visitation, child support, or spousal support.

Christian Conrad, PA., aggressively defends the legal rights of those involved in a divorce, or family law legal issue in Orlando or the Central Florida area. We will addresses all related issues that should be taken into consideration when pursuing family law legal issues.

If you require professional legal services regarding family law issues or disputes, make sure your legal rights are protected by seeking the legal advice of an experienced Orlando attorney & Lawyer. Contact Christian Conrad, PA., today by calling (407) 340-7116.Protect your legal rights and make sure your voice is heard. We are experienced and have the resources to handle your family law legal needs.

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Study: Couples On Welfare More Likely To Divorce

Researchers at the University of Missouri recently released a study that claims couples receiving government assistance are more prone to divorce.

According to the study among couples in the same income bracket, those receiving government assistance experience lower rates of positive bonding, commitment to their spouses and overall satisfaction in their marriages.

Dr. Schramm, a relationship and marriage education expert, surveyed 295 couples, 64 of whom were receiving some form of government assistance. He found that couples earning $20,000 or less–and receiving some form of government assistance above and beyond that–reported significantly lower rates of marital satisfaction than those earning the same amount but receiving no state support.

Written by Jonathan Thomas

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New Jersey Lawsuit Filed Against Wife in Boxer Gatti's Death

Legal wrangling over the estate of deceased boxer Arturo Gatti -- and an ongoing argument over how he died -- is continuing with a new lawsuit filed in New Jersey on behalf of his 5-year-old daughter.

Attorney Anthony Pope filed a wrongful death lawsuit Sept. 9 in Middlesex County against Gatti's wife, Amanda Rodrigues Gatti, who is not the child's mother. Rodrigues was married to Gatti at the time of his death, which occurred on a trip to her native Brazil in July 2009.

The suit, filed on behalf of Gatti's daughter, Sofia Bella Gatti, and her guardian and biological mother, Erika Rivera, seeks damages and restraints on Gatti's New Jersey assets. It also claims that Rodrigues "did violently bludgeon and asphyxiate the decedent resulting in his death," according to court papers.

The enormously popular Gatti, who had a fervent and loyal fan following and fought many of his most memorable matches in Atlantic City, had retired in 2007 with a 40-9 record and two world titles in his 16-year professional career.

It is not clear who is representing Rodrigues in the New Jersey case. A lawyer for Rodrigues in a previous, related case in New Jersey said he no longer represents her. Two phone messages left for attorney Pierre-Hugues Fortin were not returned. He is reportedly representing her in a separate, but related civil case in Canada over who should inherit Gatti's fortune.

Rodrigues was 23 at the time her husband was found dead in an apartment the couple had rented in the posh seaside resort of Porto de Galihnas in northeastern Brazil. The couple, who friends and family said had a tumultuous marriage, had arrived there a few days before Gatti's death for a second honeymoon, bringing along their son, who was 10-months-old at the time.

Rodrigues was initially detained as a prime suspect, with Brazilian authorities saying at the time she was "unquestionably responsible" for her husband's death, and had strangled him with her purse strap as he drunkenly slept.

But the final report of their investigation concluded after an autopsy that Gatti had committed suicide by hanging himself with a handbag strap from a wooden staircase column in their apartment. Rodrigues was released, and said she planned to sue for unlawful imprisonment.

Since then, Rodrigues has been battling Gatti's family over his estimated $5.6 million estate in a civil case in Canada, where he was raised, and New Jersey, where he lived for much of his career and made most of his earnings. At issue is the validity of a pair of wills that differ on how the estate should be divided.

Many of Gatti's family members and supporters, including his former trainer, have refused to believe the scrappy, gregarious, 37-year-old junior welterweight champion nicknamed "Thunder" took his own life.

A second autopsy was done in 2009 at the request of the boxer's family in Canada. Michael Baden, former chief pathologist for the New York state police and host of the HBO show "Autopsy," observed the procedure on behalf of the family and said coroners didn't rule out homicide as a cause of death.

Gatti's former manager Pat Lynch hired a private investigator and a panel of forensic evidence experts, who released the findings of their 10-month investigation on Sept. 7, concluding Gatti's death was a homicide.

"Without a shadow of a doubt, Arturo Gatti was murdered," said Anthony Pope, who is representing Sofia Bella Gatti and her mother in the wrongful death case they brought against Rodrigues. "The evidence points clearly to complicity on behalf of his wife."

Published by Associated Press

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John Bujak has filed for divorce; wife asks judge to separate bankruptcy proceedings

The wife of former Canyon County Prosecutor John Bujak has asked a bankruptcy court judge to separate her case from her husband's.

Pepper Bujak's attorney filed a motion on Friday. The request comes after John Bujak filed for divorce in July and the couple is "estranged," according to court documents.

In an affidavit filed by Pepper Bujak, she contends she is seeking to separate bankruptcy proceedings because her husband will no longer assist her in the case. She also contends that she shouldn't face prolonged litigation involving hundreds of thousands of dollars sought from the couple because it relates to her husband's actions.

Pepper Bujak also claims her husband asked her to lie to court officials about a Rolex watch. In an affidavit, she claims her husband failed to include the watch on an inventory of assets, later sold the watch and still has half of the proceeds.

Canyon County commissioners contend John Bujak owes them around $300,000. At issue is a $598,000 annual contract for the county prosecutor's office to handle misdemeanor prosecutions for the city of Nampa. That contract, initiated in 2009, sparked considerable controversy and litigation, with commissioners claiming Bujak unlawfully kept about $300,000 in Nampa payments he had promised to the county. The flap led to Bujak's resignation.

Bujak filed a $25 million tort claim against the county in March.

Commissioners say they agreed to let Bujak contract privately with Nampa to provide services through the county prosecutor's office, but Bujak assured them he would share the profits from that contract by using Nampa's payments to cover all non-personnel expenses for the entire prosecutor's office, not just the resources used for Nampa cases. Bujak made similar comments to local media, saying he expected to personally profit by no more than $50,000.

Bujak' s claim says county commissioners "extorted" him to resign and sign the Nampa contract over to the county by threatening to sue him "to collect moneys they knew were not legally due" and prosecute him for "misappropriation of government funds knowing full well that no crime had been committed."

Bujak conteds county officials made false statements about him and met "behind closed doors" with his wife in an attempt to influence her testimony and actions.

Printed By Idaho Statesman

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FAMILY LAW: Same-sex marriage — be careful what you wish for

Recently, New York became the sixth and largest state to recognize same-sex marriage. If the current trend continues, more and more states will legalize it.

But, before we go any further, a disclaimer: It is not my purpose to opine as to whether this legislation should be enacted by a state. Certainly, all divorce lawyers, from strictly a business point of view, should support such legislation. As the joke goes, the leading cause of divorce is marriage. This article does not seek to editorialize, but only to outline on the legal ramifications and discuss the pros and cons of the different means of ending relationships.

The status quo

Same-sex couples have the same rights — or lack of rights — as opposite-sex couples who cohabit.

Under Wisconsin law, cohabitants may bring a civil unjust enrichment claim upon termination of the relationship. Watts v. Watts, 137 Wis. 2d 506, 405 N.W.2d 303 (1987); Lawlis v. Thompson, 137 Wis. 2d 490, 405 N.W.2d 317 (1987).

Unlike maintenance, where the parties were married, in a cohabitation, performing household services does not give rise to claim for reimbursement. Rather, services must be linked to an accumulation of wealth or assets during the relationship. Waage v. Borer, 188 Wis.2d 324, 525 N.W.2d 96 (Ct. App. 1994). There must be proof of specific contributions that directly led to an increase in assets or accumulation of wealth. Ward v. Jahnke, 220 Wis. 2d 539, 583 N.W.2d.656 (Ct. App. 1998).

The remedies that can be sought are limited to the equivalent of property division. Unlike the termination of a marriage, where maintenance may be available to a non-working spouse, Wisconsin does not allow a "palimony." So, for example, if one member of the couple took on the traditional "homemaker" role during the cohabitation, any increased earnings of the other partner cannot be compensated.

The process for ending a nonmarital relationship is significantly different, as well. In a marriage, even if there is no maintenance and the property division can be worked out informally between the parties, the legal process of divorcing is still necessary. While many parties in these circumstances can proceed pro se, the forms can be daunting and the process confusing. On the other hand, a cohabitating couple can simply separate and no legal process is required.

Where there is disagreement (not uncommon when the emotional levels escalate) when the union ends, the divorce process is well recognized with forms widely available. However, a cohabitation lawsuit is a civil case, without standard forms and processes. As a result, if lawyers are needed in a cohabitation case, the cost may be significantly higher, as drafting pleadings is more expensive than simply completing forms. In addition, jury trials may be available, which could significantly increase the costs.

Property division

Property division also differs significantly between the two processes. For married couples, depending on the state, there are typically community property or equitable distribution statutes that create a template for "who gets what." Absent such statutory schemes, the property division can be more difficult to ascertain. For example, absent the availability of QDROs for dividing retirement plans, equal divisions of property may be impossible without incurring significant tax ramifications.

Couples with children

When same-sex couples have children, the legal analysis is more complicated. If the couple is married, certain presumptions generally apply and courts could award custody and placement based on a standard analysis (with no fear of being accused of gender preference!). Absent recognition of a marital status, however, biology becomes critical. Typically, where one partner is the genetic parent, the other partner, absent an adoption proceeding, does not have the legal presumptions available to a married spouse. Rather, the non-biological partner may have to petition for visitation based upon the relationship with the child.

Wisconsin has recognized that courts have jurisdiction in equity to act in the best interests of a child by ordering visitation where the petitioner has had a parent-like relationship and a significant triggering event justifies state intervention. In re Custody of H.S.H-K, 193 Wis.2d 649, 533 N.W.2d 419 (1995). There appears to be little difference in Wisconsin between "visitation" and "placement." Rick v. Opichka, 2010 WI App 23, 323 Wis. 2d 510, 780 N.W. 2d 159.

Still, the law and practice regarding custody and visitation between opposite-sex partners is better developed — and therefore easier to access — than where the couple is of the same gender.

Debt allocation

The debt allocation differs significantly as well. For a married couple, any debt incurred during the marriage may allow the creditor recourse against either couple under Chapter 766. No such recourse would be available if the couple were merely cohabitants. Of course, this is an advantage to certain partners — and disadvantage to others.

The legal ramifications extend well beyond family law — marriage affects health insurance eligibility, Social Security rights, inheritances, hospital visitation, worker's compensation benefits, consent for medical treatment and much more. Some of these benefits can be extended by a domestic partnership law enacted by an individual state. Others, particularly those involving federal law like retirement plan divisions and Social Security benefits, cannot be extend without amendments to existing federal law.

Notwithstanding the increasing number of states extending such rights, don't hold your breath for the federal government to change existing law in today's political environment.

No perfect solution

For all of the benefits of marriage, a same-sex couple would be required to incur all of the detriments of divorce if the relationship fails. On the other hand, absent recognition as being married, substantial benefits are not available.

Trying to have one's cake and eat it, too (e.g., domestic partnerships or civil unions) may leave one quite hungry as the middle road does not extend the full panoply of rights, either.

To some proponents of same-sex marriage, it doesn't matter. They want the same treatment under the law as heterosexual couples, notwithstanding any attendant costs. For a personal philosophy, that's perfectly valid. From a legal viewpoint, however, the saying that comes to mind is: Be careful what you wish for.

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Trusts can offer families benefits

BY LAURA ISENSEE

Many people asked attorney Richard Lewis to set up a trust because they hope they can save money on taxes.

Unfortunately, as the saying goes, nothing is certain but death and taxes. For most people, a trust won't save on their final tax bill, Lewis said.

But trusts — typically revocable living trusts— can offer other benefits. Among them: avoiding the often time-consuming and expensive legal process of probate court; protecting your assets if you become incapacitated and managing assets for children who can't handle money themselves.

"What made these living trusts very popular is the cost of probate. The beauty of the trust is that everything that goes into the trust avoids probate," explained Lewis, who practices near Dadeland Mall.

Probate courts have a special task in the judicial system to distribute the assets of someone who has died, enforce wills and provide oversight. However, the process can be costly and take time, especially with recent budget cuts to the court system. Also, trusts provide privacy; the inventory of assets outlined in a trust are not a public court record.

Attorneys and financial planners agree trusts become very important if someone becomes incapacitated.

"As someone gets older and they may have Alzheimer's or dementia or another health condition that makes them incapable of handling their affairs, a will is going to do no good there. In those situations a trust is going to be very valuable," said Dan Tasciotti, a certified financial planner and president of the Estate Planning Council of Greater Miami. A certified financial planner is not an attorney.

Other factors in whether a trust might be a good financial move: the size of the estate and family dynamics. Tasciotti said that there is no one-size-fits all plan and that what makes sense for a large estate may not make sense for a smaller one. He said probate court is not always a horror story, and for some families it might prove the best oversight for the distribution of assets.

If someone considers setting up a trust, a good first step would be to speak with a professional, such as an accountant, attorney or financial planner, who usually would set up a trust. Planners warn against relying on online documents, which may not fit someone's specific situation.

As one moves through the process, it's important to remember a trust is only good if someone has designated a good trustee. If and when the original trustee dies or is determined to be incapacitated, a successor trustee named in the trust takes over managing the assets.

Children or other relatives can serve as trustees. Banks and other professionals can also be hired to manage and administer the assets in a trust, although they charge management fees that usually are a percentage of the trust's assets, which can run into the thousands of dollars.

"The number one thing is honesty," Lewis said. He added it's also important to look for someone who understands financial investments.

"Even if they're honest, if they don't know what they're doing, it's not good," he added.

There are some disadvantages with trusts. For example, if someone sets up a trust, but does not transfer the title of their assets into the trust, or transfers only a portion of their assets into the trust.

"If they don't, then they don't avoid probate," said Richard Milstein, a lawyer who specializes in elder law at the Miami office of Akerman Senterfitt.

Milstein also recommended that people still write up a last will and testament to transfer any extra assets to their trust.

"It's like belts and suspenders," Milstein said. "It's extra protection — sometimes more than you need."

Milstein said a trust is not just an option for senior citizens. It can also be advantage for younger people in their 20s and 30s if they have assets — like a condo or a home — they want to leave to their loved ones or charitable groups.

Perhaps the best thing about a revocable living trust: the word revocable.

"You can amend it. You can change it," Milstein said. Even end the trust. "It's a fluid document," he said.

A GUIDE TO UNDERSTANDING TRUSTS

•  Trust: This is a legal entity that can own property. Similar to a will, it gives instructions on who will manage your affairs if you become incapacitated or die.

•  Revocable living trust: An agreement that determines how a person's property is to be managed and distributed during his or her lifetime and also upon death. It normally involves three parties: the settlor, the trustee and the beneficiaries. A trust is classified as a "living" trust when it is established during the person's life. A "revocable" trust is flexible. It can be changed, amended, even cancelled during the maker's lifetime. Generally, once the grantor of a revocable trust becomes incapacitated or dies, the trust becomes irrevocable.

•  Irrevocable trust: This kind of trust cannot be changed. It does provide some benefit for estate and tax planning, because the assets of an irrevocable trust are not part of a person's estate. That means those assets are not taxed for estate tax purposes. The grantor of the irrevocable trust has to give up ownership and control of the assets so that it is not considered part of the decedent's estate. This saves the beneficiaries from having to pay estate taxes on the assets. An irrevocable trust also protects the trust assets from certain creditor lawsuits.

•  Settlor: This is also called a grantor, trustmaker, creator or trustor and refers to the person who creates the trust and usually provides the funding for the trust.

• Trustee: The person who holds title to the trust property and manages it according to the terms of the agreement. The trustee can be a family member or a professional hired to manage the trust. With a living trust, many trustmakers choose to be their own trustee and manage the trust's assets, until they can no longer do so.

•  Successor trustee: When the trustmaker is no longer able to continue because of incapacity or death, the successor trustee, named by the settlor, steps in.

•  Beneficiary: The person or entity that will receive income or principal from the trust.

•  Guardian: While a guardian often refers to someone appointed by a judge to take care of a minor child, a guardian can also be appointed by a judge to care for an adult who is incapacitated. Trusts often contain clauses in which a court-appointed guardian does not have jurisdiction over the trust's assets.

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Untying the Knot in Japan

On a Saturday night in Tokyo's Asakusa district, a woman in a floral kimono and a man in a boxy dark suit silently waited side by side. First, one black rickshaw pulled up to them. Moments later, another cart arrived. With a small nod to each other, the couple moved to board their separate chariots en route to the night's main event: their divorce ceremony.

As he rolled through the dim residential side streets behind his ex-wife, Fumikazu sat low, clasping and unclasping his hands, keeping his eyes on his shoes. The divorce ceremony — a new, niche ritual for commemorating failed marriages in Japan — wasn't his idea. Although the couple formally ended their three-year union in 2008, his ex-wife, Atsuko Saiki, recently met a new man and plans to remarry in the fall. She heard about these ceremonies online and wanted closure.

So she called Hiroki Terai, Tokyo's pioneering divorce planner and a man of good cheer. "Ever since I was little, I wondered, If you have a wedding ceremony, why not have one to mark your divorce?" he explained to me with a smile.

Terai has performed nearly 100 ceremonies over the last two years, at a little more than $700 a pop. But since the earthquake in March, he has received over 200 inquiries a month, as couples, Terai says, began to "reassess their priorities." Some of the ceremonies have been conducted in restaurants or in secular wedding locations on butsumetsu: unlucky days of the month associated with Buddha's death, when few brides dare schedule their big day. Sometimes there are 30 guests, representing each of the couples' families. Sometimes there's a buffet. When there are slide shows of the marriage, it's not unheard of for divorcing couples to reconcile.

Tonight, though, the couple opted for the simplest option: a private ceremony with just one guest (a friend of Atsuko's who asked to remain anonymous), held in what Terai calls his House of Divorce: an abandoned old residence with no power, no plumbing and peeling paint. "It's a building which represents a husband and wife's relationship — about to collapse," Terai explained.

As the rickshaws pulled up outside the building, Terai rushed inside to set up candles that provided the ceremony's only light. He then led the couple, who have a 5-year-old son, behind a small table at the back of the room and commenced a bullet-pointed explanation of why the couple's relationship faltered, information he gathered from separate interviews with them.

"Over the course of their marriage, the couple's lifestyles began to diverge," he began, straining to read in the dark. "They had different values, especially when a number of the husband's hidden debts came to the surface." Atsuko stared at the ground.

"They also did not share the same taste in hobbies," Terai continued.

He then invited the couple to offer short statements. Fumikazu (who requested that I not use his last name) spoke first, disputing none of Terai's synopsis. He apologized for running late earlier in the evening. At first he was skeptical about the ceremony, he said, "but I see it's a way to mark a new life." When Atsuko took her turn, she simply expressed her hope that today represented a break from the past.

Terai motioned Atsuko's friend to step forward, and she did, hesitantly. "I was surprised to be asked to speak," she said, facing her friend, "but I wish you happiness in your new life." She then quickly retreated back into the dark.

Finally, Terai brought out a large hammer with a head shaped like a frog and placed Atsuko's wedding ring on a table. He instructed them to hold the hammer together and pound down on the band at the count of three. The first blow knocked the ring onto the ground, where Terai scoured the cement floor with the aid of a tea candle. The second attempt was a success, squashing the ring into an oblong shape. Terai showed it to Atsuko's friend, who nodded her satisfaction.

Bowing, the couple left the House of Divorce and walked toward the nearby Sumida River, where they used to watch fireworks. Earlier in the evening, crowds lined its banks to release candle-lit lanterns into the water as a tradition of Obon, the festival to remember the souls of the dead.

Terai dropped the battered wedding band into a lantern that bore handwritten messages from the couple. Atsuko wrote: "So that our son may grow up well." Fumikazu wrote: "Let us remain friends." Terai lighted the candle inside the lantern and dropped it into the river with a flourish. But instead of gliding into the great beyond, it spun clumsily back and forth, tarrying in the water directly beneath the couple.

"Don't be a silly loser," Terai groaned, leaning nearly half his body over the railing and scolding the lantern for not drifting away.

For the first time all night, Atsuko started laughing. "It's just like life," she said, "always back and forth."

 

By Paige Ferrari

 

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