• Is It Time for a Lawyer

  • 著者： George S. Lamb
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Is It Time for a Lawyer

著者： George S. Lamb
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  • Louisville attorney George S. Lamb will discuss legal topics to help you understand if it's time to contact a lawyer for your situation. Each episode will focus on specific topics to educate and inform listeners. Principal office address: 4310 Robards Ln., Louisville, KY 40218 This is an Advertisement.
    2024
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あらすじ・解説

Louisville attorney George S. Lamb will discuss legal topics to help you understand if it's time to contact a lawyer for your situation. Each episode will focus on specific topics to educate and inform listeners. Principal office address: 4310 Robards Ln., Louisville, KY 40218 This is an Advertisement.
2024
人間関係 社会科学
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  • Handling Relocation after a Divorce

    Handling Relocation after a Divorce
    2024/12/10
    Episode 6: In today’s episode, Louisville family law attorney George S. Lamb discusses relocation and remote work circumstances, after a divorce. The law has rules in place to help navigate the myriad of issues arising when a former spouse decides to relocate. Obviously, we’re referring to child custody and parenting time issues and how that decision can impact everyone involved. Relocation is not a new issue in family law. However, the issue of remote work is a relatively new phenomenon. The Best Interest of the Child This standard is prominent when any judge is attempting to rule on motions related to family law issues. For the sake of this discussion, let’s assume the intent to relocate is work-related. The effect of the relocation on the child, or children, will be considered even though it impacts the parent(s) possibly even more so. If the relocation is local, that’s easier to work around. However, what happens when the potential relocation is to a different state or even country? The court will consider how the relocation would impact the non-relocating parent. As George discussed in Episode 2 dealing with child custody and parenting time, the court will also consider the relationship between the child/children and the parents. It will also look at the relationship between the siblings and/or other significant people in the family dynamic (e.g. grandparents and extended family). Would the relocation affect the child’s ability to see his/her friends and family members? The judge is typically going to take this into consideration if the relocating parent plans to take the child/children away from the other parent. Could the relocation negatively impact the child’s involvement in their community, school and/or with extracurricular activities? Ultimately, if the parent were to change all of this, would it truly be in the best interest of the child? Does the Age of the Child Matter? It very well could. If the parent wants to relocate with the child while the child is a baby, many of the above-mentioned issues related to school and community wouldn’t necessarily apply. However, as George explains, the older the child gets, especially during the teen years, this could have a significant impact on the child. The Burden Is on the Relocating Parent The relocating parent needs to be able to prove that the relocation would be in the child’s best interest. George admits, these are very tough scenarios. While companies may not relocate employees as frequently as in previous times, from a career standpoint, a parent may want to grow with this particular company. A relocation may be necessary. However, do you have a choice in this decision? Are there alternative options available? Joint Custody Has a Purpose The court wants parents, in most cases, to exercise joint custody relative to important parenting decisions. Again, refer to Episode 4. For this reason, you can’t simply decide to move. There are rules involved. Even if you have sole custody, you still may not be able to suddenly relocate with the child or children. The other parent has rights to spend time with the child, based on the terms of the divorce decree. Important Requirements Prior to Relocation The spouse intending to relocate with the child/children must give proper notice. Information regarding the potential, new location and the timing involved. The non-relocating spouse has the right to contest the relocation. If the issue cannot be resolved between the two parties, a court hearing may be required. The judge may actually block the relocation, depending upon the circumstances; especially the distance involved. Remember, the court assumes the basis of 50/50 parenting time. A significant relocation could dramatically impact this arrangement. If that 50/50 schedule been in place over a period of time, how disruptive would the location be to the child/children and to the non-relocating parent? Remote Work Situations Ultimately, the question is: Do you really need to relocate? Over the past several years, remote work arrangements have become normalized. Is it possible for you and your employer to reach a remote work arrangement, allowing you to pursue that next step in your career without causing significant disruption? In reality, if you work from home, you may end up seeing your children even more often. So, the court is going to pose the question of whether there really is another alternative to the option of relocating? Could the parent seek other employment in an effort to, once again, avoid a disruption that could turn out to be antithetical to the best interest of the child/children. Evaluate All of the Options on the Table If, in fact, a relocation is necessary, it’s important to evaluate all of the available options. There is an option to potentially agree to let the other parent become the residential custodian of the child. If it could ...
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    17 分
  • Child Support Calculations and Related Issues

    Child Support Calculations and Related Issues
    2024/11/26

    Episode 5: In today’s episode, attorney George S. Lamb explains child support calculations and related issues. These are often extremely important factors in family law. Child support comes into play regardless of whether the couple was married with children, unmarried or even in paternity cases.

    The purpose of child support is to contribute to the upbringing and welfare of the child or children. Child support calculations are based off of the respective incomes of the parents. The assumption is that the child would receive the benefits of the payments.

    Is It Time to Contact George?

    If you answered yes, the best way is to reach out to him on his cell phone at (502) 640-9797. You can call and/or text him. He’ll be happy to speak with you.

    In the next episode, George will explore the issue of Relocations and Work from Home Situations, so be sure to follow this podcast for new episodes.

    We hope you enjoyed today’s episode. The information provided is not meant to be legal advice. Listening to this podcast does not establish an attorney-client relationship. However, if it is time for a lawyer, George is ready to listen. He’d appreciated it of you’d consider sharing this episode on your social media.

    Going forward, we’ll launch a new episode every other week. You can connect with George on the firm’s Facebook page, on the website, as well as on Spotify, iHeartRadio, Apple Podcasts and other platforms.

    Lamb & Lamb, PSC is located at 4310 Robards Lane, in Louisville. The office phone number is (502) 451-6881.

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    26 分
  • Custody and Parenting Time

    Custody and Parenting Time
    2024/11/12
    Episode 4: In today’s episode, attorney George S. Lamb discusses the topics of custody and parenting time as it relates to family law in Kentucky. He begins by correcting a common misconception related to child custody. Let’s dive in to learn more. The Common Misconception Many people tend to think child custody refers to where the child lives. However, the law is focused on decision-making, when it addresses custody. It’s not about the number of overnights or physical custody of the child. The decision-making, according to the law, is focused on major issues rather than minor day-today issues. It’s referring to decisions involving medical issues, educational issues and issues related to the religious upbringing of the child or children. What Are the Two Types of Custody in Family Law? In Kentucky, there are two types of child custody. The first is joint custody, which is the default arrangement. The second is sole custody. The latter is actually an exception to the rule. Interestingly, the same rules apply regardless of whether the parents were married or not married. When it comes to child custody matters, the presumption is that parents will share joint custody of the child or children. What Would Prevent a Judge from Granting Joint Custody? George explains that a judge could decide that one of the parents is unfit. This could be related to a mental health issue, an addiction problem, or even a situation in which the parents absolutely can’t agree on anything related to the upbringing of the child. At some point, important decisions related to the three main issues will need to be made, on behalf of the child. If the parents aren’t able to work through the issues, a judge may need to rule on a petition designating a sole custodial parent. This is actually fairly rare. George explains that the default positions under Kentucky law include joint custody, equal decision-making and equal, shared parenting time (i.e. visitation). This is a relatively recent evolution in family law. In the past, the children usually lived with one parent and the other parent was awarded a night or two, during the week and may every other weekend. That was a typical arrangement. Now, however, the law strives to settle on equal parenting time. There are other factors beyond behavior that might prevent a judge from granting joint custody. They could include practical realities that exist in that particular family dynamic. For instance, what if the parents live too far away to make an exact division of parenting time workable? If the parents don’t live within a reasonable proximity, simply getting the child to school might not be feasible under a 50/50 parenting time arrangement. There are ways to resolve the parenting time issue, but the best interest of the child is a primary factor in the judge’s decision regarding parenting time issues. Is Custody Based on Financial Factors? Actually, the answer is no. George comments that family law is not a “pay to play” system. The law applies equally, regardless of financial status. Parents generally have a right to see their children and to be involved in their lives, unless the court deems that would not be in the best interest of the children. This is handle in a case by case basis. Parenting time is unrelated to a parent’s ability to pay child support. The court looks at all relevant factors. George mentions that there are a handful of factors to determine what is in the best interest of the child, as it relates to determining parenting time. For example, the court will consider the wishes of the parent. At the same time, if appropriate, the court can also take the wishes of the child into consideration. This refers to an age-appropriate and/or capacity-related ability of the child to voice an opinion on the matter. For instance, how has the child adjusted to where he/she lives? Where do they go to school? How are they rooted in their community? The mental and physical health of the child and/or come into play. Relationships Can Factor into the Decision What is the relationship between the child and each parent? What is the relationship between the child and his/her siblings? Is there a history of domestic violence? Is there a history of substance abuse? Which environment is the most stable for the child? What environment is the most safe? Educational Factors Jefferson County is a relatively large area. Once the child begins grade school, he/she can only attend one school. If the parents to not live near each other, how would the child get to school? The answer to this question could affect parenting time and child custody. Remember, education is a custodial decision. Creative Solutions Can Work The court will consider allowing the parents to work out a creative solution regarding parenting time. For instance, they might agree to have the child stay one week with ...
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    17 分

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