Family Law Blog

What Can an Unmarried Parent Do For Child Visitation?

Friday, February 23, 2018

For married parents that decide to split up, the divorce process includes proceedings to decide what happens to the children. However, for parents that never married, they do not need legal proceedings in order to stop seeing each other. The major downside of this is there is no legal order in place that says one parents has to let the other see their kids. However, while nothing legal may not be in place, unmarried parents do have options to put something in place so they can continue to have parental rights.

Establishing Paternity

By default in almost every state, the mother will have primary custody of her children in the event of an unmarried split. However, if the father files a paternity action in court to declare legal paternity, this will give them rights to have visitation or custody of the child. This will involve a paternity test as well as a public declaration before the court that you claim your paternal rights.

Establishing Custody or Visitation

The courts will always work within what is the best interest of the child, and most courts view a meaningful relationship with both parents as in the best interest. If you seek to take primary custody, the legal battles will be a little more complicated. You need to prove why the primary custodial parent is unfit and why living with you would be better for the child. However, if you are merely seeking joint custody or even just visitation, the court process will be significantly easier as the courts often want children to spend time with both their parents.

Both custody and visitation will have time schedules that are laid out with input by both parents, but ultimately approved by the courts. This will also include certain stipulations in which the primary custodial parent will need to make the other parent aware of such things like relocation since they will officially have legal parental rights like parents who had been previously married.

Are you an unmarried parent going to through a split and wondering how you can keep in touch with your kids? Contact us today to see what Jamra & Jamra can do to make sure your kids stay in your life.


Why Domestic Violence Victims Stay

Friday, February 16, 2018

People who deal with domestic violence are victims. Often, they live their lives in fear. Fear of the person who is supposed to love them the most. Fear of the unknown. Fear of leaving.

If you have never been a victim of domestic violence, you have no idea. Most people just think that they should leave. However, most of the time they don't and here are some reasons why.

Love. Most of the time, victims of domestic violence still love the person who is hurting them. They might not love them much at the moment, but they can easily recall why they loved them before!

Family. Often, there is a family involved, with children. Victims may stay because they don't want to break up their family. While some people leave because they fear for their children's lives, others don't want them to miss out on a relationship with both of their parents.

Money. Money is often a controlling factor when it comes to domestic violence. One partner may have all of the money so the victim has nothing to use to try to get away. They don't have any money to start a new life (or even get on the subway to run away).

Isolation. Most victims of domestic violence push their friends away so that they don't know what is going on. By the time that they want to run, they have no one to turn to. There is no one left to help them get away.

Shame. Many victims feel complete shame. They don't want others to know that they were so weak and were abused. For this reason, it is easier to stay with someone who hurts them than it is to walk away.

However, it doesn't have to be this way. Victims of domestic violence are stronger than they even imagine. They can leave, as long as they have help and support. If you are a victim, we will help you get out of your situation so that you can have a better life. Be sure to contact us for all of your legal needs.

Types of Domestic Violence

Friday, February 09, 2018

When people think of domestic violence, they think about a wounded woman cowering on the floor with her husband screaming or even hitting her. However, it doesn't have to get physical to be considered domestic violence.

Here are some types of domestic violence.

  • Physical abuse. Most people think of physical abuse when they think of domestic violence. It is common, though it is not the only way that you can become a victim of domestic violence.
  • Emotional abuse. Not all victims show their scars on the outside. Actually, it is even worse when others can't see them. Though many people don't really believe in emotional abuse, it can be the hardest one to bear. Many abusers treat their victims like they are worthless until they start to feel like they are.
  • Sexual abuse. Even if you are married, you shouldn't be forced to have sex. Whether you are forced to have sex when you don't feel like it or you are forced to do something sexually that you are not comfortable with, you are being sexually abused.
  • Financial abuse. It is a form of domestic violence when a person controls their victim through their money. While many people think about the man working so that the wife can take care of the children, they should both have a say in how the money is spent. However, with financial abuse, the man (or either partner) would control every penny that the other one spends, no matter who made the money.

If you or someone that you know is being abused in any way, it is time to get help. Help yourself (or them) today. Don't wait or it might be too late! Contact us for all of your legal needs. We will help you get a better life!