Category: Family law

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Thursday July 18th, 2024.

Generally, paternity is the official recognition of a father-child relationship. Once recognized as a father, a person becomes eligible for custody and visitation rights and can legally make decisions for the child. In other words, they assume the obligation to contribute to the child’s upbringing.

Steps to Establishing Paternity

While the specific procedures are different from state to state, here are the common steps to establishing paternity rights in the U.S.

Signing the Birth Certificate

The easiest and most cost-effective way to get recognized as a father is to sign the child’s birth certificate. Birth certificates are legally valid documents, and the father listed on a birth certificate is typically conferred with paternal rights unless proven otherwise. In some states, signing the birth certificate is a simple and straightforward process, while some states require the parents to sign an Acknowledgement of Paternity (AoP) if they’re unmarried.

Taking a DNA Test

If there are doubts as to who the real father of a child is, the alleged fathers can proceed to perform DNA testing, either before or after the child is born. DNA tests are usually 99.9 percent accurate and can be used as evidence in court. A DNA test can be voluntary on the part of the father or it can be ordered by the court.

Court-Ordered Paternity

Generally, courts seek to act in the best interests of the children involved in paternity suits. As such, a court can designate paternity through administrative processes if it considers the other options to be untenable. This usually happens in cases where a child was born when the parents were legally married. 

A court may also consider someone to be a father if they have acted in a fatherly capacity in some way. This may be in the form of financial support. In such a case, DNA testing may not be necessary to assign paternity.

Talk to a Family Lawyer

At Wickersham and Bowers, we offer legal assistance for all paternity and family law matters. Call us today and schedule a free consultation with our family law attorney.

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Monday June 17th, 2024.

A divorce can be a lengthy, complex, and expensive legal battle, taking a toll on your health, emotions, and finances. Fortunately, divorcing couples can opt for less-straining divorce proceedings. One option is an uncontested divorce settlement. A divorce attorney can help determine if an uncontested divorce is a practical route to consider.

Understanding an Uncontested Divorce Settlement

An uncontested divorce is a legal process where both spouses amicably agree on all aspects of ending their marriage without going to trial. The divorce settlement agreement covers legal issues such as child custody and support, marital property distribution, debt repayment, alimony, and grounds for divorce. While an uncontested divorce doesn’t usually go to trial, a judge must approve your settlement agreement and sign your divorce decree.

Eligibility Requirements for an Uncontested Divorce Settlement

An uncontested divorce settlement agreement is a quick and straightforward way to get divorced. However, not all couples are eligible for an uncontested divorce. The court will not grant an uncontested divorce if one party does not agree to the divorce or complete the filing process. You can only qualify for an uncontested divorce if both parties agree to the divorce and there are fault or no-fault grounds for divorce. The settlement agreement must be fair and in the best interests of their children. The couple must meet the waiting period, filing, and residency requirements to be eligible for an uncontested divorce settlement.

Benefits of an Uncontested Divorce Settlement

The benefits of an uncontested divorce settlement agreement are numerous. It is quick and straightforward, especially if both parties agree. It also helps couples save on costly divorce proceedings and preserve an amicable relationship as they work toward a common goal.

Get Legal Help With an Uncontested Divorce Settlement Agreement

While uncontested divorce settlements do not go to trial, you still need the services of an experienced divorce attorney for legal guidance and to ensure a favorable outcome. Your attorney will draft and review your settlement agreement to safeguard your legal rights and interests. Our attorneys at Wickersham and Bowers can help you get through an uncontested divorce settlement agreement. Contact us today to schedule your free consultation with our lawyers.

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Monday May 20th, 2024.

Unlike civilian divorce, which is guided by state law, military divorces have unique legal considerations. In particular, divorces involving active duty members of the military are guided by the Uniformed Services Former Spouses Protection Act (USFSPA). The Act is a federal law, and it outlines both the divorce process as well as the rights and benefits of divorced military spouses. 

Financial Benefits

The primary aim of the USFSPA was to determine how disposable retirement pay for military employees should be handled in divorces. According to the Act, a service member’s disposable retired pay is considered marital property, just like in civilian divorces. However, the Act leaves it to the court to determine the former spouse’s specific share based on factors like marriage duration and service length.

Additionally, the USFSPA introduces a system known as the 10/10/10 Rule. The rule states that a service member’s former spouse may be eligible to receive retirement pay directly from the Defense Finance and Accounting Service (DFAS). The marriage duration must be at least 10 years and has to overlap with at least 10 of the service member’s years of service.

When it comes to child support, the USFSPA leaves it to civilian courts to determine how much a service member’s income can be garnished. However, the Act limits child support deductions to 50% of a service member’s disposable retired pay.

Healthcare Benefits

The healthcare benefits of a divorced military spouse are provided by TRICARE, the military’s health insurance program. A divorced spouse of a service member can receive TRICARE benefits if their marriage met the 20/20/20 Rule. That is, the marriage lasted at least 20 years, the service member served at least 20 years, and there was at least a 20-year overlap between the two. If these conditions are met, the divorced spouse may get to keep their military ID cards and get full health benefits.

Notably, a former military spouse can keep their health benefits even if they don’t meet the 20/20/20 rule. For instance, the spouse may also keep their benefits if they are disabled or have a child with a serious medical condition.

We Can Help

Getting through a divorce is not easy, but you don’t have to go through it alone. Our dedicated team of divorce attorneys at Wickersham and Bowers can help you determine and subsequently pursue the benefits you qualify for. 

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Tuesday April 23rd, 2024.

In recent years, the rise of social media has dramatically transformed various aspects of our lives, including how we navigate the sensitive terrain of divorce proceedings. A platform once meant for connection and sharing has now become a significant factor in legal separations, influencing decisions in courtrooms across the globe.

Social Media as Evidence

One of the most significant impacts of social media on divorce proceedings is its role as a source of evidence. Posts, messages, pictures, and even ‘check-ins’ can paint a vivid picture of a person’s lifestyle, spending habits, and social interactions. In custody battles, these digital footprints are often scrutinized to assess parenting behaviors and capabilities. Financial settlements can also be influenced by social media content that reveals undisclosed assets or expenditures.

Privacy and Perception

The illusion of privacy on social media is another crucial factor affecting modern divorces. Individuals often feel a false sense of security behind their screens, leading them to share information they wouldn’t in person. This oversharing can impact how individuals are perceived in court, especially when it comes to matters of character judgment. Moreover, the emotional toll of publicizing a divorce on social media platforms can add an additional layer of stress and conflict to the already challenging process.

The Double-Edged Sword

While social media can negatively impact divorce proceedings, it also offers a valuable platform for emotional support and essential information. Many find solace, guidance, and advice in online communities while navigating the complexities of divorce with others who have shared similar experiences, fostering a sense of solidarity.

Get the Expert Guidance You Deserve

At Wickersham and Bowers, we understand the nuanced role of social media in modern divorce proceedings. Our experienced team is adept at navigating this digital landscape, ensuring that your rights and reputation are protected. We offer comprehensive services, from handling evidence derived from social media to providing guidance on managing your digital footprint. Embrace your new beginning with Wickersham and Bower—where expertise meets empathy. Connect with us today for a consultation, and let us guide you through every step of your journey.

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Tuesday April 23rd, 2024.

The traditional family structure has evolved, making room for a more diverse and inclusive definition of family. Alternative family structures, such as LGBTQ+ families, single-parent families, blended families, and cohabiting couples, have become increasingly prevalent. As family law adapts to these changes, understanding and navigating the legalities is crucial for those involved.

Understanding Legal Challenges

One of the primary challenges facing alternative family structures is the complexity of legal recognition and rights. For example, same-sex couples may face hurdles in areas such as adoption, surrogacy, or marriage recognition. Blended families might confront issues related to step-parent rights and inheritance. Single parents and cohabiting couples can encounter difficulties in establishing custody, visitation rights, or financial support.

Protecting Rights and Interests

Protecting the legal rights and interests of individuals in alternative family structures is paramount. This involves staying informed about changing laws and precedents that impact family law. Legal representation is vital in ensuring that all family members’ rights are recognized and protected. This is particularly important in areas such as healthcare decisions, property rights, child custody, and support matters.

Planning for the Future

Future planning is another critical aspect, often involving wills, trusts, and estate planning. It’s essential for individuals in alternative family structures to have clear, legally binding arrangements to avoid potential disputes and ensure that their wishes are respected.

Your Partners in Family Law

At Wickersham and Bowers, we understand that every family is unique. We specialize in providing tailored legal solutions to meet the specific needs of alternative family structures. Our team of experienced attorneys is committed to guiding you through the complexities of family law, ensuring your rights are protected and your voice is heard. Whether you’re navigating adoption processes, establishing parental rights, or planning your estate, we are here to help.

We invite you to contact Wickersham and Bowers for a consultation. Let us be your ally in securing a stable and legally sound future for your family. Embrace your family’s uniqueness with the confidence that comes from having expert legal support. Reach out to us today and take the first step toward peace of mind for you and your loved ones.

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Tuesday March 19th, 2024.

The intersection of family law and technology marks a critical point in legal practice today. As technology advances, it’s reshaping how legal issues are approached in family law. From social media’s role in divorce proceedings to digital assets in property division, technology is undeniably a game-changer.

Social Media: A Double-Edged Sword

One of the most significant influences of technology in family law is the advent of social media. Platforms like Facebook, Instagram, and Twitter can provide compelling evidence in divorce cases. For instance, posts can indicate a parent’s lifestyle choices or financial status, influencing decisions on child custody or alimony. However, this tool can be a double-edged sword. It demands careful navigation to ensure that digital evidence is relevant and admissible in court.

Cryptocurrency and Asset Division

Another evolving aspect is the impact of digital assets, such as cryptocurrency, on financial settlements. Cryptocurrency poses challenges due to its volatility and the difficulty in tracing and valuation. Lawyers now need to be adept in understanding and handling such digital assets, ensuring fair division during divorce settlements.

Tech-Driven Child Custody Solutions

Technology has also offered innovative solutions for managing child custody. Digital tools and applications are emerging to help co-parents manage schedules, share important child-related information, and communicate effectively. This tech-based approach aids in reducing conflicts and ensuring a child-focused parenting arrangement.

AI and the Future of Family Law

Artificial Intelligence (AI) is poised to make significant inroads into family law. From predicting case outcomes to automating document preparation, AI can streamline processes, although it raises questions about the human element in family law. Balancing technology’s efficiency with empathy remains a critical challenge for legal professionals.

Embrace the Future With Wickersham and Bowers

At Wickersham and Bowers, we are at the forefront of these evolving trends. Our team combines legal expertise with a deep understanding of the digital landscape to navigate the complexities of modern family law. Whether tackling digital assets, leveraging social media evidence, or employing tech-driven co-parenting tools, we are dedicated to providing tailored, forward-thinking solutions. Contact us today to ensure that your family law matters are handled with the expertise and care that reflect today’s digital realities.

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Monday February 20th, 2024.

Surrogacy and assisted reproduction are becoming increasingly prevalent as solutions for couples and individuals facing fertility challenges, including single parents. However, the legal landscape surrounding these methods is complex and varies significantly across different jurisdictions, often influenced by ethical, cultural, and religious perspectives. It’s essential to understand the legal considerations, from contractual agreements to parental rights, to ensure the rights and responsibilities of all parties involved are comprehensively protected and respected.

Types of Surrogacy Agreements

There are two primary types of surrogacy: traditional and gestational. In traditional surrogacy, the surrogate mother is also the egg donor, which makes her the biological mother of the child. Gestational surrogacy involves a surrogate carrying a child to whom she has no genetic link. The legal ramifications of each type differ, particularly regarding the surrogate’s rights and the intended parents’ ability to be recognized as the legal parents.

Legal Contracts and Agreements

A well-drafted surrogacy agreement is crucial. This contract outlines the intentions, rights, and responsibilities of the surrogate and the intended parents. It covers aspects like financial arrangements, medical procedures, and the legal process for establishing parental rights post-birth. It’s imperative to have legal counsel during this process to ensure that the agreement complies with state and federal laws.

Navigating State and International Laws

Surrogacy laws vary widely from state to state and country to country. Some regions have supportive legal frameworks, while others may have restrictive or even prohibitive laws. Understanding these differences is vital, especially for international surrogacy arrangements. Legal counsel experienced in this field can help navigate these complexities.

Securing Your Path to Parenthood With Expert Legal Guidance

Understanding the legal aspects of surrogacy and assisted reproduction is essential for a smooth and legally secure journey to parenthood. At Wickersham and Bowers, we specialize in providing expert legal services in this sensitive field. Our team is committed to guiding you through every step of the legal process, ensuring your rights are protected and your path to parenthood is clear. Contact Wickersham and Bowers today to secure your family’s future with confidence and legal assurance.

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Tuesday January 16th, 2024.

In a world where relationships are as dynamic as the individuals in them, prenuptial agreements often become a topic of interest and, sometimes, contention. Wickersham and Bowers aims to demystify prenuptial agreements, shedding light on common myths and facts, ultimately guiding you toward making an informed decision.

Myth vs. Reality

One prevailing myth is that prenuptial agreements are only for the wealthy. This misconception overlooks the primary purpose of a prenup: To provide clarity and protection for both parties, regardless of their financial status. A prenuptial agreement can also safeguard individual assets, protect one from the other’s debts, and outline the financial responsibilities of each party.

Another common myth is that discussing a prenup means you don’t trust your partner. On the contrary, it encourages openness and honesty about financial matters, which are often cited as a leading cause of marital strife. It’s about preparing for the unexpected, not anticipating failure.

Facts About Prenuptials

Factually, prenuptial agreements are legally binding contracts. They must be entered into voluntarily, and both parties should have adequate time to review and understand the agreement. Full disclosure of assets and liabilities is required to avoid future challenges. Prenuptials can also define what’s considered marital or separate property, offer protection against debts, and sometimes even outline how potential spousal support might be handled.

Why You Might Need One

There are numerous reasons why a prenuptial agreement might be beneficial. If you own a business, it can protect that interest, ensuring the enterprise’s stability and your peace of mind. If there’s a significant disparity in assets or income between partners, a prenup can provide peace of mind by clearly outlining the financial expectations and responsibilities. It’s also prudent for those entering a second marriage, particularly when there are children and prior financial obligations involved, as it helps maintain financial transparency and fairness for all parties concerned.

Wickersham and Bowers: Your Guide to Understanding Prenuptials

At Wickersham and Bowers, we believe in empowering our clients with the knowledge and legal expertise to make informed decisions about their future. Our team of experienced attorneys specializes in family law and prenuptial agreements, ensuring that your interests are protected and your voice is heard. 

Whether you’re seeking to safeguard your financial future, protect your assets, or simply want to enter your marriage with clarity and confidence, we are here to help. Connect with us today, and let’s take the first step toward securing your tomorrow.

On behalf of The Law Office of Wickersham and Bowers posted in Family Law on Wednesday December 13th, 2023.

Navigating the complexities of child custody battles can be an emotionally draining and legally challenging journey for parents. This guide aims to provide clarity and understanding, ensuring that you are well-informed about your rights and responsibilities during this critical time.

Knowing Your Rights

Understanding your legal rights is crucial in a custody dispute. Both parents have inherent rights to seek custody of their children. However, the court’s primary concern is the child’s best interests, which include factors like the child’s age, health, emotional ties with each parent, and the parents’ ability to provide a stable environment.

Types of Custody

It’s important to understand the different types of custody arrangements:

1. Legal Custody: This pertains to the right to make important decisions about your child’s life, including education, health care, and religious upbringing.

• Physical Custody: This refers to with whom the child will live. It can be sole or joint, with joint custody increasingly becoming the norm.

Responsibilities During Custody Disputes

Your conduct during a custody battle can significantly impact the outcome. It’s essential to:

1. Stay Involved: Continue to be an active part of your child’s life. Attend school and extracurricular activities and maintain a consistent presence.
2. Document Everything: Keep a record of all interactions and decisions related to your child. This information can be crucial in court.
3. Avoid Confrontation: Steer clear of any actions that could negatively impact your case, such as arguing with your ex-partner in front of the child.

Seeking Legal Help

Consulting with a family law attorney is often crucial. A lawyer can guide you through the legal intricacies and help you understand the likely outcomes based on your situation.

Wickersham and Bowers: Advocating for Your Family’s Future

At Wickersham and Bowers, we understand the emotional and legal complexities of child custody battles. Our experienced family law attorneys are dedicated to guiding you through this challenging time with compassion and expertise. We strive to protect your rights and ensure the best possible outcome for your family. Contact us today to discuss your case and begin securing a stable future for your child.