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A Family and Criminal Law Blog

A blog by djbrown

October 5, 2009

Wife's power of attorney naming son cuts off husband's power to direct her health care

Individuals have a right to make independent decisions about their health care, that includes the right to decide who should make decisions for them when they are unable to do so. Spouses have no automatic right to make health-care decisions for each other. In order to take control and prevent problems in times of crisis, couples should draft living wills and powers of attorney while things are going well.

September 30, 2009

Can a 15-year-old mom marry the 22-year-old father of her child? Only if a judge says it will be in her best interest

When 15-year-olds seek to get married, parental consent is technically not relevant. Instead, a judge must decide that the proposed marriage will be in the 15-year-old's best interests. Consent of parents is just one factor the judge may consider. When the 15-year-old is a mother, it is likely the details of the original conception will be of concern to the judge.

11 comments

September 29, 2009

Medical needs provide no defense when tinted car windows are too dark

Laws prohibiting excessively tinted windows in cars do not allow medical exceptions. Nevertheless, there may be defenses once one has been ticketed. For those with medical concerns, however, the least expensive solution may be to wear good sunglasses.

13 comments

September 28, 2009

There is help for folks who can't afford to hire a divorce attorney

There are several resources in Douglas County, Kansas, for those who cannot afford to hire a divorce attorney. Legal Aid and Kansas Legal Services are places to start. The Douglas County Law Library located in the Judicial and Law Enforcement Center at 111 East 11th Street in Lawrence is the second place to go.

2 comments

September 25, 2009

I did the work, can he really take half my retirement?

Retirement benefits are generally considered marital property and the court can award all or a share of those benefits to either party. Several statutory factors must be considered in dividing marital assets and those factors would govern division of retirement benefits as well.

59 comments

January 29, 2009

Who is Daddy? Only the Judge gets to decide

When paternity is at issue, a woman's husband is presumed to be the father. But is he? What if the wife had an affair? When all is said and done, the judge gets to decide which man is the father based on the best interests of the child and, oh yes, sometimes, genetics.

January 28, 2009

Once a court issues a maintenance (alimony) order, changing it isn't easy

Man seeks increase in maintenance payments from ex-wife after she breaches her pre-divorce agreement to "work on" getting back together after divorce.

January 27, 2009

Can bicyclists be convicted for "driving under the influence" of alcohol or drugs?

State laws governing drunk driving require one to be driving a "vehicle," but devices "moved by human power" are not classified as vehicles. Bicyclists beware: laws in some municipalities may be different.

1 comment

January 23, 2009

Criminal history, even just an arrest, can show up in prospective employer's background checks

Arrest, diversion and conviction records are public documents almost universally available to investigators by computer seach. Thus, employers who do background checks will usually find a job applicant's criminal history. Expungement of arrest, diversion or conviction records can eliminate this concern.

January 22, 2009

Best interests of children, not parents, govern custody decisions

When parents agree on a custody and parenting plan for their children, the courts will presume that agreement is in the children's best interests

1 comment

January 21, 2009

Teenagers can be adopted

Before a teenager can be adopted by another family certain legal steps need to be taken. The adoption has the effect of terminating biological parents' rights and often other options should be considered.

January 16, 2009

Probate isn't frighteningly expensive in Kansas

Folks who worry about avoiding "the costs of probate" really have little to be concerned about.

January 15, 2009

Ending a marriage doesn't need to be nasty, but you do need to file for divorce

A spouse can't simply walk away from a marriage without risking serious financial harm. But, if both parties can agree, divorce can be simple and relatively inexpensive.

January 14, 2009

What to do when ex-spouse fails to pay joint mortgage and failure harms other spouse's credit score

When the Court orders one party to pay the mortgage on the marital home and nothing is done to remove the other party from the obligation on the original note, the failure of the one party to pay pursuant to court orders can have negative results for the party relieved from paying. The best relief may come by going back to court.

January 13, 2009

Custodial parent can't move children without giving written notice to other parent

In Kansas, written notice of a planned move must be given by a custodial parent at least 30 days in advance of the move. Failure to do so violates Kansas law.

January 12, 2009

Unmarried couple wants to keep property from children if partner dies

An explanation of the need for a will for unmarried partners to control distribution of property upon death

1 comment

January 12, 2009

Introduction

Learn about the goals for this blog, David J. Brown and The Law Offices of David J. Brown, LC

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