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Elizabethtown, Kentucky, Law Blog

Don't wait to fight false allegations during divorce

Divorce is a time when many people make poor choices they would not otherwise make. Unfortunately, because of the emotional stress that divorce can present, one parent may choose to make false allegations against the other to gain some leverage over him or her in the courtroom. Whether a parent is motivated by fear of losing custody of children, simply out of spite or for some other reason, false allegations are dangerous for both parties.

If your spouse makes false allegations against you, then you need to consult with an attorney immediately. Even if the allegations are proven untrue, your reputation may suffer greatly until you prove your innocence. An experienced attorney can help you identify the best strategy to combat false allegations and protect your future.

Why might I lose custody of my child to the other parent?

When things go sour between parents of a child, working out custody is often very difficult. Even after a custody arrangement is reached, certain actions on the part of parents can revoke their custody privileges. If you are in a contentious relationship with your child's other parent, it is crucial that you know which actions on your part may give the other parent leverage against you.

The most obvious things that one parent may use against the other are instances of violence, abuse or neglect. Furthermore, if you are arrested for some other unrelated crime, a court may view that as grounds to revoke custody. Courts are also particularly unfavorable towards drug use by parents. Even very light drug use that is exposed to a child may grant grounds for revoked custody.

Who should get the house in a divorce?

When working through a divorce settlement, there are several common points of major contention that can keep two divorcing spouses from reaching a fair resolution in a reasonable amount of time. One of the biggest is the matter of who gets to keep the house. Legally speaking, several factors go into determining which spouse should or can keep a house that the couple purchased.

One of the easiest metrics to use when determining who keeps the house involves your children, if you have any. If one spouse or the other will maintain primary custody of the children, then that person usually keeps the house as well. Judges tend to prefer this arrangement because it keeps the children's best interests at the heart of the settlement.

The legal battle for your rights as a father

As the biological father of a child, you may believe that you have a rightful claim to custody, visitation and the ability to play an active role in the life of your child. However, if your child was born out of wedlock, you may not have these rights until you take the appropriate course of action to establish custody.

When a biological father does not have legal recognition and clearly defined rights, it is impossible to settle issues such as custody, visitation, parental authority and child support appropriately. If you are a father in Kentucky and you are fighting for your rights as a dad, you would be wise not to wage this legal battle alone.

New state law presumes equal parenting

Kentucky lawmakers successfully passed new legislation recently that levels the playing field for many parents when it comes to child custody arrangements. Under the new law, courts hearing child custody cases will begin from a place of presumed joint custody, meaning many more parents may soon be sharing parenting duties and privileges.

This is seen as a big win by both children's advocates and fathers' rights groups throughout the state and the region. While the new bill does not make sole or primary custody impossible to achieve, it does create a much larger platform for shared parenting in many instances and does away with many costly and frustrating legal battles over children.

What if I fear my child's other parent may kidnap them?

For many parents who share custody or visitation rights with a child's other parent, there is a constant fear in the back of their minds that the other parent may do something rash and kidnap the child. Of course, this is a normal fear that many parents have, and the vast majority of parents never have to face this fear in reality. However, any parent who fears parental kidnapping by a child's other parent can take specific steps to protect their child in case their fears are realized.

You should make sure that your child memorizes your phone number, and have the child practice calling your phone from other phones. This way, if the child ever feels in danger, he or she knows exactly what to do.

How can I protect my business in a divorce?

If you are a business owner facing a divorce, you are most certainly coming to terms with the fact that your business could end up chopped up and divided like any of your other assets at the negotiation table. For many businesses, this is a fatal blow. Like many business owners, you may be searching for a way to ensure that your business can survive your divorce and remain intact. Well, there's good news and bad news. The good is that it is possible for your business to weather the storm of your divorce and make it to the other side in one piece. The bad news is that it will likely require some significant sacrifices on your part.

Depending on a number of factors, such as when you began your business in relation to your marriage and the involvement that your spouse had in the business in the course of your marriage, the law may entitle your spouse to a portion of the business as it would entitle them to a share of your savings account or your home. Of course, many businesses can no more survive being split like an asset than a person can survive losing half of his or her body. If you do not act quickly and decisively, you may create great difficulty for your employees and customers who depend on you.

Woman charged with DUI in accident, was below legal limit

Drinking and driving almost always has a way of taking things from bad to worse. Just ask a Louisville woman who was recently arrested and charged with driving under the influence following an accident where she was initially found not at fault.

Sadly, the woman struck a young boy with her car while he and some friends were riding their bicycles across an intersection. The boy, who was only six years old, was struck by the woman's car and had to be taken to a nearby hospital to be treated for several serious injuries. When law enforcement arrived on the scene, the woman was first found not to be at fault in the accident. However, as the investigation proceeded, law enforcement began to suspect that the woman was impaired in some way.

Will divorce derail my retirement?

As many Kentucky couples know, finances are one of the leading concerns of both spouses during a divorce. If you have concerns about your financial security after your marriage is over, you are not alone. Your financial future is an important factor to consider in any divorce agreement, but you will find it beneficial to think not only about your short-term stability, but about your long-term well-being as well.

Retirement savings accrued over the course of the marriage is marital property, and like all marital property, it is subject to division. Your soon-to-be ex-spouse could be entitled to a portion of your retirement accounts and vice versa. Most plans require that the spouse who is not a participant in the retirement plan complete a Qualified Domestic Relations Order before receiving any money.

What are the benefits of uncontested divorce?

If you and your spouse both want a divorce and can quickly and simply come to a fair agreement about your divorce settlement, you may be good candidates for an uncontested divorce. Unlike a contested divorce, the process is generally more efficient, less costly and can go from the initial phases to a final divorce decree in far less time.

An uncontested divorce may not mean that you and your spouse have no conflict, but rather that you can come to an agreement quickly, and do not need to litigate matters in order to settle them. You may even both choose legal representation to ensure that both parties rights remain protected equally.