Q: I'm an unmarried father-to-be. My concern is that my ex (things went south after we found out she was pregnant), will try to move out of state, or keep my from seeing my child. Even though our relationship went south, doesn't mean that I want to be uninvolved with my child's life. What can I do? Can I claim paternity right now?
A: No, you can't. or at least, not yet.
Barring exceptional circumstances, a Michigan court is not going to issue an order to grant custody to the unmarried father of an unborn child.
The law currently will place custody of the newborn with the mother, unless there are those circumstances that would show the mother is a risk to the child already.
If a couple is married, there is a legal presumption that any child of those adults is a product of the marriage (although that presumption can be rebutted). By contrast, an unwed dad can't claim paternity, parenting time or custody rights (which are typically accompanied by a need to pay support for the child) until the child is born.
Once that child is born, the father needs to act to claim his rights to paternity, etc. He can do that by acknowledging paternity through singing the birth certificate, or through the assistance of an attorney (if, for example, the mother hides her pregnancy from the father who is then unaware of the child until after it is born).
Showing posts with label paternity. Show all posts
Showing posts with label paternity. Show all posts
Tuesday, February 9, 2016
Tuesday, April 1, 2014
Choosing a family law attorney, Part Two
In Part One, we discussed ways of getting information on attorneys. Part Two will talk about the initial phone contact with the potential lawyer's offices.
Frequently asked questions:
1. Who answers the phone and how do they answer it?
A: Many attorneys do not answer their own phones. His or her schedule won't permit it perhaps, or the attorney prefers to have a gate keeper between himself or herself and the general public. Either way, you are a potential paying client, so you should feel welcomed, and not that you're an intrusion on otherwise valuable time. It's possible that you will have to leave a voice mail. If so, make sure you state whether the attorney can call you back, or not.
2. What kinds of questions should I ask? What kinds of questions should I be ready to answer?
A: Be prepared with a list of questions about your specific situation. For example, "I am thinking about filing for divorce, and I have three minor children." Or: "My ex-girlfriend left the state with our child, can I start a custody hearing?" Be specific, as the attorney can only answer what they are aware of. Don't be afraid to ask about costs.
If you have a specific date coming up, make sure you mention that, or it may not be addressed. For example, "I just left a custody hearing this morning, and the judge said to come back for an evidentiary hearing . . . "
Remember, attorneys are smart, not psychic! And it's entirely possible that some of your questions will need more time before they can be answered. This is why there is no "one-size-fits-all" divorces.
On the other hand, try to answer any questions that are asked. My office has a list of questions used for when a potential new client calls, so that I am aware of what next steps need to be taken for that case. We will always ask where you live, how long you've been married, and the ages of the children.
3. Scheduling the initial appointment and other matters.
It's possible that you'll be scheduled for either a phone consultation, or an in-office consultation. I prefer in-office consultations. I feel that it's easier, less rushed than a phone call, and allows the potential client (and attorney) feel more at ease with one another.
Please consider where your attorney is located, your own location, and the courthouse you'll be using. If you plan on making your attorney drive long distances, that's fine, but that might impact your cost overall.
4. The appointment is scheduled, now what?
It's possible the attorney will mail you information to fill out, or have you fill it out in the consultation. This information will help them start your case, and give you some legal answers. Either way, keep your appointment, or call to reschedule it if necessary.
Set aside enough time to drive to the appointment, depending on the time of day.
Bring any necessary documents with you, for example, anything you've received from the court, or that you feel will help the attorney to serve you better.
5. How much should I expect to pay?
A: This is a difficult question to answer. Attorneys have rules of professional ethics to guide them in setting fees. (MRPC 1.5) That said, a basic retainer could range from $850 to $5000, depending on the complexity of the legal issues involved, the experience of the attorney, and the novelty of the legal issues involved (more complex or unique issues can take longer to be addressed). And, the retainer may or may not cover your entire cost of the case, depending on how long it takes, and the nature of the parties involved (who will argue more over issues, you or your soon-to-be-ex?) Also, additional experts may be needed, from child psychologists to business valuation experts, depending on your situation.
Coming Next: Part Three: What to Expect in the Initial Consultation.
Frequently asked questions:
1. Who answers the phone and how do they answer it?
A: Many attorneys do not answer their own phones. His or her schedule won't permit it perhaps, or the attorney prefers to have a gate keeper between himself or herself and the general public. Either way, you are a potential paying client, so you should feel welcomed, and not that you're an intrusion on otherwise valuable time. It's possible that you will have to leave a voice mail. If so, make sure you state whether the attorney can call you back, or not.
2. What kinds of questions should I ask? What kinds of questions should I be ready to answer?
A: Be prepared with a list of questions about your specific situation. For example, "I am thinking about filing for divorce, and I have three minor children." Or: "My ex-girlfriend left the state with our child, can I start a custody hearing?" Be specific, as the attorney can only answer what they are aware of. Don't be afraid to ask about costs.
If you have a specific date coming up, make sure you mention that, or it may not be addressed. For example, "I just left a custody hearing this morning, and the judge said to come back for an evidentiary hearing . . . "
Remember, attorneys are smart, not psychic! And it's entirely possible that some of your questions will need more time before they can be answered. This is why there is no "one-size-fits-all" divorces.
On the other hand, try to answer any questions that are asked. My office has a list of questions used for when a potential new client calls, so that I am aware of what next steps need to be taken for that case. We will always ask where you live, how long you've been married, and the ages of the children.
3. Scheduling the initial appointment and other matters.
It's possible that you'll be scheduled for either a phone consultation, or an in-office consultation. I prefer in-office consultations. I feel that it's easier, less rushed than a phone call, and allows the potential client (and attorney) feel more at ease with one another.
Please consider where your attorney is located, your own location, and the courthouse you'll be using. If you plan on making your attorney drive long distances, that's fine, but that might impact your cost overall.
4. The appointment is scheduled, now what?
It's possible the attorney will mail you information to fill out, or have you fill it out in the consultation. This information will help them start your case, and give you some legal answers. Either way, keep your appointment, or call to reschedule it if necessary.
Set aside enough time to drive to the appointment, depending on the time of day.
Bring any necessary documents with you, for example, anything you've received from the court, or that you feel will help the attorney to serve you better.
5. How much should I expect to pay?
A: This is a difficult question to answer. Attorneys have rules of professional ethics to guide them in setting fees. (MRPC 1.5) That said, a basic retainer could range from $850 to $5000, depending on the complexity of the legal issues involved, the experience of the attorney, and the novelty of the legal issues involved (more complex or unique issues can take longer to be addressed). And, the retainer may or may not cover your entire cost of the case, depending on how long it takes, and the nature of the parties involved (who will argue more over issues, you or your soon-to-be-ex?) Also, additional experts may be needed, from child psychologists to business valuation experts, depending on your situation.
Coming Next: Part Three: What to Expect in the Initial Consultation.
Monday, March 31, 2014
How to choose a family law attorney, Part One
In Part One, we will help you work through the process of deciding who to call to start your divorce or custody case (or to represent you if your spouse has already filed for divorce).
Frequently asked questions:
1. Can't I represent myself in this?
A: Yes, you can. But that doesn't mean you should. Going into court and representing yourself is like do-it-yourself surgery performed by an amateur. When it comes to family law, you have a lot of things at stake: ownership of your home, custody of your child(ren), how your personal property might be divided, when and how often you can spend time with your child(ren), are only a few issues that a family law judge will decide for you. It's best to have an attorney, who can present the best side of your case to the judge, and help you get the best result possible.
Read this article for more information on issues that will be part of your family law case, or go to my website.
2. Aren't attorneys expensive?
A: It depends on what you think of as "expensive." Again, this is the most important area of your life, where the most intimate personal decisions in your life have been made. It makes sense to protect these interests, and not doing so may cost you more in the long run. Many attorneys will let you arrange a payment plan, as well.
3. How do I decide who to call?
A: There are many ways to go about this. The internet is the most popular search tool currently. But that doesn't mean you should just pick one of the first-listed attorneys when you type in your search terms.
Fact: Advertisers pay to be listed on Google. This is true for all areas that can be searched on Google, including legal services. The higher-cost advertisers will land on the first page, at the more popular times of the day. It's like having a billboard in rush hour traffic on a busy highway. The lower-cost ads show up less often, and at less popular times of the day. This is like having a billboard in a urban neighborhood.
I recommend good old word of mouth advertising over internet advertising. It's better to get a recommendation from someone who's used that service before you, whether it's a mechanic, or an attorney.
4. Ok, I talked to three or four people and got a short list of who to call. What now?
A: Once you've talked to people you know, you've gotten their feedback about what they liked (or didn't) about their attorney. Use the internet (or do a white pages search) to get that attorney's phone number. Then call the office to set up a consultation.
5. I'm too uncomfortable to talk to my friends and family about this now. How can I get a good recommendation?
A: There are other online services that "rank" attorneys. These are sites like Avvo, and Martindale Hubble, Lexis-Nexis, etc.
Fact: These sites are biased in favor of attorneys who play the game. For example, a lawyer who participates on Avvo (claims their profile, advertises, answers questions) will have a higher Avvo ranking than a lawyer who doesn't. For example, look at the ranking of a prominent national attorney (like Eric Holder, the current US Attorney General). Their ranking might be lower than some attorney who participates a lot on that site.
So go ahead and try those sites (Avvo, lawyers.com, etc.) but be warned that the information there isn't always an accurate reflection of what the attorney is actually like, so take it with a grain of salt. (For more information, read this article from About.com).
Or: if you think the sites might mislead you, or you feel you can't talk about this to people you know because it's too personal, use your local bar association for a referral. Lawyers pay to belong to this referral service, and give part of the fee you pay them back to the referral service. I participate in my local bar association's referral service, and think it's a great service to the public. (State Bar of Michigan referral, Grand Rapids Bar Association Referral).
Coming Next: Part Two: What to Expect in the Initial Phone Call.
Frequently asked questions:
1. Can't I represent myself in this?
A: Yes, you can. But that doesn't mean you should. Going into court and representing yourself is like do-it-yourself surgery performed by an amateur. When it comes to family law, you have a lot of things at stake: ownership of your home, custody of your child(ren), how your personal property might be divided, when and how often you can spend time with your child(ren), are only a few issues that a family law judge will decide for you. It's best to have an attorney, who can present the best side of your case to the judge, and help you get the best result possible.
Read this article for more information on issues that will be part of your family law case, or go to my website.
2. Aren't attorneys expensive?
A: It depends on what you think of as "expensive." Again, this is the most important area of your life, where the most intimate personal decisions in your life have been made. It makes sense to protect these interests, and not doing so may cost you more in the long run. Many attorneys will let you arrange a payment plan, as well.
3. How do I decide who to call?
A: There are many ways to go about this. The internet is the most popular search tool currently. But that doesn't mean you should just pick one of the first-listed attorneys when you type in your search terms.
Fact: Advertisers pay to be listed on Google. This is true for all areas that can be searched on Google, including legal services. The higher-cost advertisers will land on the first page, at the more popular times of the day. It's like having a billboard in rush hour traffic on a busy highway. The lower-cost ads show up less often, and at less popular times of the day. This is like having a billboard in a urban neighborhood.
I recommend good old word of mouth advertising over internet advertising. It's better to get a recommendation from someone who's used that service before you, whether it's a mechanic, or an attorney.
4. Ok, I talked to three or four people and got a short list of who to call. What now?
A: Once you've talked to people you know, you've gotten their feedback about what they liked (or didn't) about their attorney. Use the internet (or do a white pages search) to get that attorney's phone number. Then call the office to set up a consultation.
5. I'm too uncomfortable to talk to my friends and family about this now. How can I get a good recommendation?
A: There are other online services that "rank" attorneys. These are sites like Avvo, and Martindale Hubble, Lexis-Nexis, etc.
Fact: These sites are biased in favor of attorneys who play the game. For example, a lawyer who participates on Avvo (claims their profile, advertises, answers questions) will have a higher Avvo ranking than a lawyer who doesn't. For example, look at the ranking of a prominent national attorney (like Eric Holder, the current US Attorney General). Their ranking might be lower than some attorney who participates a lot on that site.
So go ahead and try those sites (Avvo, lawyers.com, etc.) but be warned that the information there isn't always an accurate reflection of what the attorney is actually like, so take it with a grain of salt. (For more information, read this article from About.com).
Or: if you think the sites might mislead you, or you feel you can't talk about this to people you know because it's too personal, use your local bar association for a referral. Lawyers pay to belong to this referral service, and give part of the fee you pay them back to the referral service. I participate in my local bar association's referral service, and think it's a great service to the public. (State Bar of Michigan referral, Grand Rapids Bar Association Referral).
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