August 2013 Archives

Indiana Adoption Case Finally Resolved after 7-Year Battle

August 27, 2013, by Law Offices of James V. Sansone

Term of Rights.jpgAdopting a baby can be as joyous a moment as bringing your own children into the world. But it is also a legal process that can be emotional, expensive, and wrought with worry.
Take the recent case in Indiana as an example. Fraternal twins were born to a mother identified as C.A.B. in 2004. The father's identity was never established.

Two years later, the children were removed from the biological mother's home and placed in foster care. In 2007, a Terminated Parental Rights (TPR) judgment was issued against the biological mother and a year later, the judgment was approved by the court.
The foster parents, eager for children of their own, petitioned to adopt the children and won in 2008 despite the fact that the biological mother's appeal of the TPR judgment was pending.

No one notified the biological mother about the adoption proceedings because state law didn't require notification when a TPR was pending.

Adoptive Parents Won - For Awhile

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If You Want Custody of the Children, Behave Yourself

August 20, 2013, by Law Offices of James V. Sansone

Thumbnail image for Custody.jpgIt's easy, in the midst of a divorce, to suddenly distrust the person you once pledged your life to.

You may become suspicious that your ex-spouse is dating someone new, squirreling away generous company bonuses into an account you don't know about, or trying to sabotage your relationship with your children.

Unlike the super-wealthy - such as the Murdochs who recently divorced - you never saw the need for prenuptial and postnuptial agreements. You assumed you would remain married until death.

And you assumed you would raise your children together. In fact, you would have divorced sooner if it hadn't been for the kids.

Even though your future financial well-being is uncertain, your main concern now is for your children. You don't want to become a weekend parent; you want to continue to be an integral part of their lives.

6 Steps to Winning a Custody Battle

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Wedleases Make Big News But Would They Make Divorce Less Messy?

August 13, 2013, by Law Offices of James V. Sansone

Wedlwases.jpgAccording to the U.S. Census Bureau, couples are marrying at a faster rate than they are divorcing and that is good news.

Nonetheless, we all know the divorce rate is still higher than we'd like it to be and that the statistics for a lasting union deteriorate as couples enter their second, third and fourth marriages. If you take the film star Elizabeth Taylor as an example, her success at marriage didn't increase as she progressed to her eighth marriage. All of her nuptials ended in divorce court.

There's no doubt that it's easier to obtain a divorce today than it was back before 1970, when a divorcing spouse needed to allege that the husband or wife had been guilty of a crime or had committed adultery. In California, irreconcilable differences is a sufficient reason to substantiate the need for a divorce.

There does seem to be good news of late, however. The Centers for Disease Control and Prevention (CDC) reports that divorce rates are decreasing (it was at 4 per 1,000 people in 2000 and 3.6 per 1,000 people in 2011) - and so are marriage rates (8.2 in 1,000 in the year 2000 and 6.2 per 1,000 in 2011).

Yet, if you look around your circle of friends and family, you know there is reason to be discouraged. Gone are the days when most couples made it to their 50th anniversary. These days, they are lucky if they celebrate their 11th year of marriage together.

With Still too Many Marriages Failing, Will Wedleases Become an Option?

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Same-Sex Immigrant Couples Can Finally Be Together

immigration.jpgWhen the U.S. Supreme Court made its historic rulings on same-sex couples on June 26 of this year, gay citizens were elated.

There were very likely some private celebrations held as well, especially among gay or lesbian naturalized citizens who were previously denied the right to bring a partner cross the U.S. border and obtain a coveted Green Card.

Citizenship and Immigration Services Green Cards

Since the legalization of medical marijuana in California, medical marijuana cards are sometimes referred to as "green cards." Elsewhere in the nation, a green card holder commonly refers to someone who has received authorization to live and work in the U.S. on a permanent basis.

Many green card holders are sponsored by employers or, more commonly, by family members. But what happens when your family member is a same-sex spouse or fiancé?

Before the Supreme Court ruling in June, petitions to admit a same-sex romantic partner were commonly denied. However, since the liberalization of the law, the federal administration has started a system-wide review of cases where U.S. citizens had been denied green cards for the simple fact that they were same-sex couples.

Attaining Legal Status Will Involve Forms

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