Family Law Newsletter

In many cases, it makes sense for a parent/taxpayer to start transferring his wealth to his children well before the end of his own life expectancy and even before his children have reached their majority. There are two primary advantages to making such transfers. The first advantage is that of estate tax savings. When assets are transferred by the taxpayer and he retains no control over their ultimate disposition, they will not be included in the taxpayer’s estate for federal estate tax purposes upon his death. Also, any appreciation in the value of the assets following their transfer would not be included in the taxpayer’s estate. The second advantage to making transfers of assets to the next generation at a relatively early point in the taxpayer’s life is the nontax advantage of securing the inheritance of the taxpayer’s descendants and safeguarding resources that can be used for their present needs,…
Read More »

Child custody determinations are difficult in and of themselves, but can be rendered even more complicated when parents live far apart and in different states. Every year there a number of cases where one parent kidnaps his or her own children and prevents the other parent from seeing the children. Accused similarly is a Florida man who abducted his 3-year-old son after he took the boy to a park during a supervised visit and then boarded a sailboat and sailed away. Authorities later found the man in the Gulf of Mexico, and he now faces up to three years in prison and a fine of up to $250,000. Recently arrested was a California woman 14 years after she reportedly kidnapped her daughter. The girl’s father reported her missing in the mid-1990′s, and, despite an arrest warrant from the state and the FBI, the woman continued to raise her daughter alone…
Read More »

The New York Post published a story called “Forgot a Prenup? It’s Never Too Late.” This story describes the rising popularity of premarital agreements, prenuptial agreements, and postmarital agreements. Soon to be newlyweds are embracing the idea of drawing up a strong contract due to the slumping economy. The fact of the matter is that newlyweds must take care to hire the right lawyer to draw up their premarital agreement. Prenuptial agreements include all kinds of personal assets, not just automobiles, boats, real estate and investments. A prenuptial agreement will clearly delineate a multitude of concerns such as asset planning, investment allocations, structures involving joint checking accounts to pay household bills and how to allocate responsibility for credit, debt and loans. It can also cover alimony provision and insurance issues. For residents of the Houston area, a Houston family attorney or Houston divorce lawyer who specializes in premarital agreements can…
Read More »

Last fall a Texas mother took her two young daughters against a judge’s order. The police obtained arrests warrants to pursue the mother for interference with child custody, which is a felony in Texas. A Marine reservist, the mother posed a particularly dangerous threat for a child custody case. She is a competitive shooter and police believed she was carrying weapons and suffering from a mental health condition. The girls’ father did not see his girls until several months later, when the mother turned herself into Naval Criminal Investigative Service (NCIS) agents. A Houston family attorney is available to help you decide what child custody situation is best for you and your family under the UCCJEA. The Uniform Child Custody Jurisdiction and Enforcement Act The Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) is an act designed to make uniform a series of family laws throughout the country. The National…
Read More »