#FamilyFriday: ERA’s Fixed Fee Family Services

Potential clients are often concerned with the expense associated with resolving their family disputes.  

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By: Valerie E. Anias, Esq.

Potential clients are often concerned with the expense associated with resolving their family disputes.  It’s understandable as these matters can accrue substantial legal fees.  In this week’s #FamilyFriday article, ERA Law Group, LLC discusses ways you can mitigate your expenses and how we can help!

  1. Mediation. Mediation is often a less litigious and less expensive means to resolve your dispute.  Often families need the assistance of a third party that can help guide the parties, fueled by emotion, towards a resolution.  The resolution is ultimately up to the parties but having that guide can be beneficial and save you the time and energy of duking it out in the courtroom.  ERA offers mediation services for families that are separating, needing a modification, attempting to develop a parenting plan, drafting a property settlement agreement, and more.  Our fees are $250.00 per hour to be split equally among the parties.
  2. Uncontested Divorce by 12 Month Separation. In those cases where families have been separated for 12 months and are proceeding with their divorce uncontested, ERA offers fixed fee services ranging from $500.00 to $1,500.00.  Generally these partners will have a Separation Agreement already settling all disputes but this is not required.
  3. Uncontested Divorce by Mutual Consent. In these cases, married couples without minor children can get divorced without having to wait a certain period of time.  To be divorced by mutual consent, the couple must have settled all issues relating to their marriage.  ERA offers fixed fee services to complete the agreement and file the divorce.  These range from $2,500 to $3,500 depending upon the amount of marital property.
  4. Separation Agreements. You and your spouse want to discuss and settle issues related to any joint bank accounts, cars, real property, debt, retirement, and alimony before filing for divorce.  Hiring an attorney to draft the settlement agreement to ensure it contains all necessary contract language and covers all potential property disputes is important to make sure you truly have settled all property issues.  Additionally, sometimes parties think they’re on the same page only to learn that they’re not.  Discussing these issues initially allows for a smooth settlement and divorce. ERA fixed fees range from $2,000 to $3,000.
  5. Parenting Plans. Parenting Plans encourage parents to focus on the needs of their children, how best to co-parent, and how to anticipate and/or address the various changes in their lives at the time of its creation and in the future. It also allows the parties to decide what is in the best interest of their children rather than leaving it up to a Judge.  Often the Judgment of Absolute Divorce is silent on many issues which results in parties having to come back to Court for future modifications.  A well-drafted Parenting Plan can resolve many, if not all, of these issues.  More importantly, it allows parents to come together as parents – not as spouses.  They may no longer be spouses but they will always be parents.  ERA fixed fees range from $1,500 to $3,500.
  6. Pre-Nuptial and Post-Nuptial Agreements. Marriage is both a romantic and business relationship. With very few exceptions nearly everything is or becomes marital.  As such, nearly everything can become subject of costly litigation in the event of divorce or death.  A well drafted and all-inclusive pre-nuptial or post-nuptial agreement will limit many of these issues.  For example, the agreement will identify what is and is not marital property, each parties’ rights in the event of death or divorce, predetermine rights and obligations for spousal support, inheritance, and more.  In addition, the agreement will have a complete financial disclosure including each spouses’ assets, liabilities, and income.  ERA’s fixed fees range from $2,500 to $5,000.

Call ERA Law Group, LLC today and schedule a free 30-minute consultation regarding your family related matter at (410) 919-1790.

#FamilyFriday: What is the “Best Interests of the Child” Standard?

After families separate, parents must decide where their children will live and what schedule the children will have with the other parent. To make this determination, the Court uses the “Best Interests of the Child” standard.

After families separate, parents must decide where their children will live, or custody, and what schedule the children will have with the other parent, or visitation.  Some families can settle this among themselves while others require Court intervention.  Often parents assume the Court will award custody to the mother however, that’s not necessarily the case.  In this week’s #FamilyFriday article, ERA Law Group, LLC explains the “Best Interests of the Child” standard used by the Court in determining custody.

Put simply, the Best Interests of the Child standard simply means that the Court looks at certain factors to determine what is in the best interest of the children involved in the family situation.  Even when parents have an agreement, the Court still must make a finding that the agreement is in the best interest of the child.  Often parents become disgruntled because they believe they are in the best position to decide what is in the best interest of their children.  Unfortunately, family litigation often results in both parents with opposing opinions about what is in the best interest of their children and the Court must step in to make its determination.

The Court may consider a number of factors in its analysis.  Most commonly the Court focuses on the following factors:

  1. Primary Care Giver – Who is the person who takes care of the child? Who handles the child’s day-to-day activities?
  2. Fitness – What are the psychological and physical capacities of the parties seeking custody? Was there evidence of abuse – physical, emotional, or otherwise?
  3. Character and Reputation
  4. Agreements – Is there a custody agreement already in place?
  5. Ability to Maintain Family Relationships – Who will be best able to help the child keep family relationships, including relationships with the other parent’s family?
  6. Child Preference– Does the child have a preference?  Some courts will interview the children  outside of the presence of their parents.  The older the children involved the more weight is given to their preference.
  7. Material Opportunity – Which parent has the financial resources to give the child more things?
  8. Age, Health and Gender of Child
  9. Residences of Parents and Opportunity for Visitation – How close do the parents live to each other, extended family, school, etc?
  10. Length of Separation– How long has the parent been separated from the child?
  11. Any Prior Abandonment or Surrender of Custody – Is there a history of one parent walking out and leaving the other parent to cope with the child and the home?
  12. Religious Views – These will be important in the court’s decision only if you can show that religious views affect the physical or emotional well-being of the child. There is no consideration made for non-religious families.
  13. Disability – A party’s disability is only relevant to a custody decision if the disability affects the best interest of the child.

In addition to the above factors, the Court may also consider: Willingness to share custody; Fitness of parents; Child’s relationships with each parent; Ability to stabilize child’s school and social life; Employment considerations (e.g. long hours, extensive travel, etc.); Age and number of children; Financial status; Benefit to parent; Sincerity of parent’s request for custody.

Call ERA Law Group, LLC today at (410) 919-1790 to schedule your FREE 30 minute consultation!  Ask about our legal services including: mediation, marital separation agreements, and parenting plans!

#FamilyFriday – Split Households & the Holiday Season

It’s difficult for families to decide how to split holidays when they separate.  Neither parent or family want to experience their holidays without their children.  So, what do you do? 

It’s difficult for families to decide how to split holidays when they separate.  Neither parent or family want to experience their holidays without their children.  So, what do you do?  What are your options?  On this week’s #FamilyFriday article, the attorneys of ERA Law Group, LLC discuss various options for developing a fair and reasonable access schedule.

First, as previously discussed in a #FamilyFriday article, Parenting Plans are a great tool to discuss and resolve these issues before the stress and onset of the holiday season.  As a reminder, Parenting Plans encourage parents to focus on the needs of their children, how best to co-parent, and how to anticipate and/or address the various changes in their lives at the time of its creation and in the future.  Attorneys and mediators can help you create a Parenting Plan that best suits your family dynamic and situation.  For example, perhaps both parents are adamant about wanting to spend Christmas with their children.  The fact of the matter is that the children can only wake up once on Christmas morning and how to decide who will experience that can raise a lot of emotion.  One way to resolve this is to alternate years so that one parent has the full Christmas holiday on even years and the other during odd years.  Another way to resolve this is one parent has the children Christmas Eve through Christmas morning and the other has the children from mid-Christmas morning for the remainder of the day.  These types of arrangements are best to be discussed outside of the courtroom as they can involve a lot of detail and negotiating.

Second, talk with the other parent and see if maybe certain holidays are more important to them than they are you.  Creating a schedule or agreement that allows for each parent to have or enjoy the days that are important to them in exchange for those that are important to you can settle future disputes.  For example, perhaps it’s your family tradition to go “big” for Thanksgiving but less so for Christmas.  Maybe you can agree that you’ll have the children for Thanksgiving and the other parent on Christmas.

Third, though uncommon, if you and the other parent are able to co-parent and share some or all holidays that could resolve any disagreement about who should have the children and when.  This can be difficult depending on the relationship between you and the other parent.

Fourth, alternating holidays so that, for example, the parent who does not have the children on Thanksgiving will have them for Christmas or the parent who does not have the children Memorial Day Weekend will have them Labor Day Weekend.

Regardless of the arrangement, always place agreements in writing.  This allows both parents to be held accountable for upholding the arrangement and preventing an issue in the future.  Try and deal with these potential and likely issues before they become bigger issues.

If you need assistance or would like to explore Mediation or Parenting Plans, contact ERA Law Group, LLC attorney Valerie E. Anias, Esq. at (410) 919-1790 and ask about the FREE 30 MINUTE CONSULTATION.

#FamilyFriday – Custody Rights Without a Court Order: Common Misconceptions

What many people don’t know is that in the absence of a court order both parents have an equal right to legal custody and physical custody of their minor child. 

By: Valerie E. Anias, Esq.

You and the other parent have a child together.  You separate or break up but never file any court action.  What are your rights? What about the other parent?  What many people don’t know is that in the absence of a court order both parents have an equal right to legal custody and physical custody of their minor child.  On this week’s #FamilyFriday article the attorneys of ERA Law Group, LLC want to help clear up some common misconceptions.

MISCONCEPTION #1:  The children always stay with mom.  While this is the most common situation and arrangement, this is certainly not the “only” arrangement.  Fathers have a 100% equal right to be the primary custodial parent just like mothers.

MISCONCEPTION #2:  Fathers have less rights.  Not true.  Fathers and mothers have equal rights with regard to their children.  Both relationships are important.

MISCONCEPTION #3:  We share expenses.  I don’t have to pay child support.  Just because you and the other parent can amicably split the child’s daycare costs, for example, does not negate the award of child support.  You and the other parent may have an agreement that works but if that agreement doesn’t work and if a parent decided to file an action for child support it is likely that child support would be ordered.

MISCONCEPTION #4:  Visitation means “every other weekend.”  Not necessarily.  Especially so if you don’t have school aged children.  More often we are seeing alternative schedules providing both parents with nearly equal time.  Living separate does not necessarily mean you spend less or more time with your child than the other parent.

MISCONCEPTION #5:  We get along great!  We don’t need a written agreement or Court Order.  Perhaps you and the other parent do work well together.  But what happens if that stops?  The purpose of a Court Order or an agreement, is to settle disputes that have occurred and to prevent future disputes from arising.  You and the other parent may get along now but what if there’s a dispute later about where to send the child to school?  How to pay for extracurriculars?  How to have an access schedule when one parent lives 50 miles away?  Having a written agreement or Court Order can prevent some of these issues from ruining the amicable arrangement you have now.

Call ERA Law Group, LLC attorney Valerie Anias, Esq. at (410) 919-1790 and ask about our fixed fee Separation Agreements, Parenting Plans, and FREE 30 MINUTE CONSULTATION!

#FamilyFriday – Modifications

Often, we meet with clients that don’t know they can request a change to their previous custody or support order. There are many changes that may occur that make it necessary for you to modify your Court order.

On this week’s #FamilyFriday article, the attorneys at ERA Law Group, LLC are here to talk with you about modifications.  Often, we meet with clients that don’t know they can request a change to their previous custody or support order.  For example, a child support order from 10 years ago is likely very different than a child support order today.  What if one parent has a new job?  What if the child has new needs?  What if one parent lost their job?  There are many changes that may occur that make it necessary for you to modify your Court order.

The most important element of a modification is that there must be a material change in circumstance.  A parent getting a new job but maintaining a similar salary or moving to another home in the same neighborhood are generally not considered a material change in circumstance.  However, in many cases situations do arise which require one parent to seek a modification.  Parents come to our office because one parent has received a significant raise, has moved far away, or has started a relationship with a questionable person.  When these material changes occur, the Court can then evaluate whether the original order is still in the best interests of your child.

The attorneys at ERA Law Group, LLC are compassionate and understanding of each family’s unique circumstances.  Call us at (443) 906-3566 to discuss your specific case and let the attorneys at ERA Law Group, LLC help you and your family!