by Jason P. Bailey | Nov 25, 2019 | & Estates, Prenuptial
When a man’s brother died, the brother and his sister-in-law both laid claim to half a million dollars in a 401k. According to the widow federal law required the money to go to her. According to the brother state law required the money to go to him. In Moore v.... 
by Jason P. Bailey | Oct 30, 2019 | Appeals, Family Law
Parents have a fundamental right to care, custody, and control of their children. What happens when the State seeks to terminate the parent-child relationship? As the State recently found out, it better have a really good reason for doing so. In D.W. v. Jefferson... 
by Jason P. Bailey | Oct 10, 2019 | Custody, Family Law
When adults can’t agree on the custody of a child they go to court, but which court? Presumably one would go to a court in the state where the child is living, probably in the county where the child is living. However, what happens when a child has moved... 
by Jason P. Bailey | Oct 9, 2019 | Appeals, Family Law
Once upon a time lawyers used to watch the clock, calculate driving distances, and predict traffic while finishing court filings. Not long ago, lawyers had to physically deliver pleadings to the court clerk before they locked the office door. Now most of the filings... 
by Jason P. Bailey | Sep 25, 2019 | Family Law, Mediation
Mediation is a great tool. It gives opposing parties the opportunity to settle their case without the time and expense of a trial. Moreover, if an agreement is reached it removes the uncertainty inherent in the whims of trial court judges. Mediation involves brining... 
by Jason P. Bailey | Sep 20, 2019 | Divorce, Family Law
Divorce is a financial event as much as it is an emotional one. Divorce often means the same income must now support two sets of household expenses instead of one: two mortgages instead of one; two insurance payments instead of one; etc. Having two households means...