Breaking News: Ex Parte Bayliss Overturned by Alabama Supreme Court

by | Oct 4, 2013 | Alabama, Child Support, Children, Custody, Divorce, Family, Family Law, Legal Advice, Mobile, Uncategorized

Today, the Alabama Supreme Court has issued an opinion in the case of Ex Parte Christopher, which overturns the landmark case of Ex Parte Bayliss. Bayliss is the case which gave Alabama Courts the authority to order parents to pay post-minority support and contribute to college expenses for their children after they reach the age of majority. Under Alabama law, the age of majority is nineteen (19).

If you are already under a court-ordered obligation to pay post-minority support for the benefit of your child, this decision will not effect you as the Court has stated its opinion overruling Bayliss is only applicable in future cases. If no final order has been entered in your case or it is on appeal, then the decision does apply to you. Parents are still free, of course, to voluntarily agree to pay such expenses.

Testimonial from a Recent Divorce & Custody Client

by | Aug 6, 2013 | Alabama, Children, Custody, Divorce, Family, Family Law, Legal Advice, Significant Decisions

Below is a testimonial which I received from a client, whom I recently represented on a divorce and custody case. This is posted anonymously and with the client’s permission, of course!

After 2 years of an increasing decline in communication between my wife and I, it became clear to me that a divorce was inevitable. We were married for 7+ years and had 2 children together. I truly believed that our children were much better off in my primary care. I realized that I no longer could speak for myself against her and that I needed solid representation in order to litigate my situation in a court. I chose wisely. Ms. Herlihy is truly a professional. She listened to my concerns for both myself and my children, assisted in formulating the best possible approach to achieve my goals, did extensive research in order to prepare both of us for our objective, and ultimately sat by my side for what was the worst day of my life to date. She had me completely prepared, produced every fact and presented them with perfect legal standard, and ultimately dismantled all testimony against me. I am forever thankful for what she has done for me and my family. In the matter of divorce or child custody, there is no other choice than Alison Herlihy.

Supreme Court Declares Defense of Marriage Act Unconstitutional

by | Jun 26, 2013 | Alabama, Divorce, Family, Family Law, Legal Advice, Mobile, Significant Decisions

The US Supreme Court announced its ruling that the Federal Defense of Marriage Act is unconstitutional. What does this mean for gay couples? The Court’s decision applies to certain federal rights that were restricted or eliminated depending on whether a married couple is heterosexual or homosexual.

Rights that will be affected include:

1.  Social Security Benefits

2. Immigration Status/Rights

3.  Federal Income Tax Benefits & Obligations

4. Estate Tax

5.  Employer-Provided Health Insurance Benefits

6. Military Family Benefits.

 

What does the decision mean for gay couples in Alabama and Mississippi?  Right now, not much.  The changes only affect the rights of gay couples who are legally married, and gay marriage is only legal in Washington DC, Massachusetts, Connecticut, Iowa, Vermont, New Hampshire, New York, Maryland, Maine, Washington, Rhode Island, Delaware, and Minnesota.  It remains to be seen how the other states will respond as this issue develops, but it will be interesting to watch from a legal, political, and social point of view.

Legal Writing Class at USA

by | Jan 3, 2013 | Alabama, Family Law, Legal Advice, Mobile, Uncategorized

Alison Baxter Herlihy is teaching Legal Writing for paralegal of the university of South Alabama beginning January 16, 2013. The class is an eight-week survey course designed to give paralegal students the skills necessary to competently assist an attorney by presenting various written forms of legal analysis for the benefit of attorneys, clients and Courts.

Legal Writing skills are beneficial to both new paralegals and anyone who needs to refresher. Register now at www.usacontinuinged.com or by calling 251-405-9928.

The Challenges of Joint Custody with 50/50 Time Sharing

by | Mar 16, 2011 | Alabama, Children, Custody, Divorce, Family, Family Law, Legal Advice, Mobile, Uncategorized

I thought this was an interesting, and timely, article, as true joint custody is an arrangement that more and more parents, particularly younger parents, find desirable, although the legal system has not come around to this way of thinking at this point.

DISCLAIMER
Main Office:
400 Gold Ave. SW
Suite 500
Albuquerque, NM 87102
(505) 242-5958

http://www.albuquerquedivorcelawyerblog.com/

March 15, 2011 The Challenges of Joint Child Custody with 50/50 Time-Sharing Child custody after legal separation or divorce can be one of the most highly contentious and stressful issues parents face. Time-sharing with the child or children to maintain a relationship with both parents is of paramount concern. In situations where parents have been given shared physical custody, otherwise known as joint child custody, it may not be as simple as splitting the time in half.

New Mexico courts often discourage 50/50 custody schedules, as children may have difficulty with the transitions involved every few days. Young children are especially vulnerable to the stress involved in frequent change. But, even older kids may have difficulty handling the disruptions to their academic, extracurricular and social lives.

If a 50/50 custody schedule is granted, New Mexico courts will still take into account the best interests of the child when considering how this time will be allocated. In fact, several factors may be considered before the final schedule is agreed upon. These factors may include the child’s age, the child’s relationship with each parent, the distance between each parent’s home, the parents’ work schedules and even the child’s schedule of school, sports and other extracurricular activities. Communication between parents is one of the keys to a successful 50/50 custody schedule. Good communication will help avoid interruptions in routine, thereby creating stability for the children, and the parents. It will also help with staying on top of appointments, schoolwork and activities. Consequently, this type of arrangement may not be appropriate in situations where there is a lot of conflict between parents. Nor would this schedule work well for parents who live a great distance from each other.

Remaining mindful of the impact of transitions, considering the best interests of the child, and keeping the lines of communication open are all important things to consider when developing a 50/50 custody schedule. After all, it isn’t just time spent; it’s time spent well. And time well spend it good for the children and the parents alike.