There are two types of divorce, fault and no-fault. Fault divorces require legal proof of some sort of marital misconduct or statutory cause. Neither party is required to prove any fault in a no-fault divorce. One party must testify that the marriage has suffered irretrievable breakdown or that the two parties have irreconcilable differences.
Your legal representation from Allan Grubb Attorney at Law will help in deciding issues like child support, custody, and visitation, division of property, and alimony or spousal support. Once both parties agree on terms, they are provided a divorce decree detailing basic information and the conditions to which they agreed.
Guardianship refers to the legal relationship existing between a child or incompetent adult and the person responsible for making best-interest decisions on their behalf. Until a child reaches the age of 18, their parents have legal custody of and decision-making authority over them. If their parents pass away, their will should indicate who they wish to be the child or incompetent person’s legal guardian. If no will exists, the court is responsible for appointing a guardian, typically another family member or a close friend.
While the court prefers to appoint persons designated in a will, the decision is ultimately up to the judge and they do not have to honor the request if they find the nomination contrary to the child’s best interest. Courts are responsible for determining whether suggested guardians will act in the best interest of the child. It is also up to the court to decide whether the parents can visit or contact the child.
While the establishment of a guardian does take away parents’ right to make decisions about their child’s life, it does not terminate the parent-child relationship and a parent can consent to a guardianship voluntarily, without having been deemed unfit. When a guardianship is established, parental rights do not cease and parents can regain custody if the court determines the guardianship is no longer in the child’s best interest.
Allan Grubb Attorney at Law assists families with adoptions through representation and the formation of legal documentation. Adoption makes adoptive parents a child’s legal parents in every sense. A new birth certificate is issued and the child’s last name is legally changed to that of its adoptive parents. Adoption also formally terminates the legal custody of biological parents.