Negotiations in family law cases involve issues relating to custody, visitation, child support, issues regarding marital property, issues involving non-marital property, maintenance and pension or retirement plans. We usually advise clients early on in proceedings to formulate a reasonable settlement demand including so as to attempt to save some additional time, fees and expense. In that manner, and early in the case, there can be an attempt at narrowing the issues, and in determining matters that can be agreed upon and matters in regard to which further negotiations or a hearing may be required. Parties sometimes have their own perspectives regarding the negotiation process. Sometimes they do not wish to make the first offer because they have the belief that the first offer is never accepted anyway. Once an offer is made, sometimes parties do not understand that a counter-offer generally results in rejection of the original offer by the other side. In order to facilitate resolutions, the law generally provides that settlement negotiations are inadmissible in the event of a hearing. In settlement negotiations, we usually clearly identify letters of offer, acceptance or counter-offer as Settlement negotiations – not admissible in order that all attorneys and parties understand that if matters are not settled, those written communications clearly may not be introduced as evidence for any reason at a hearing.
Divorce
We have been representing clients in contested and uncontested dissolution of marriages for years. We have vast experience in litigation, including issues involving property, custody, visitation, insurance, tax, maintenance and other matters.
Custody
We are aggressive and responsive in regard to child custody cases. In certain instances, this involves the taking of deposition of various parties, working with health and/or behavioral specialist, background checks, depending upon the facts and circumstances of the case, presentations to the Court regarding the best interests of the child, working with mediators and/or guardian ad litems regarding issues and matters related thereto.
We are often asked by clients to provide representation relating to modification of custody, including when there has been a change in circumstances that substantially affects the best interests of the child or children. In those situations, attention is given to the actions of the parents, and/or the circumstances of the child or children, and the Court can take into consideration factors in determining how custody may be modified in the best interests of the child or children. The older the child or children, the more likely the Court may take into consideration the wishes of the child or children in regard to who the child or children believe should have custody, or the type of custody, and/or visitation that the parents should have.
Grandparents Rights
A grandparent can pursue guardianship of a grandchild or grandchildren to temporarily or permanently take over the care and control of their grandchild or grandchildren, including for a variety of reasons, but not limited to the death or disease of a parent, child abuse and/or other circumstances as determined by the Court.
Blake Law Group, P.C. has experience in representing grandparents, step-grandparents in cases involving the best interests and welfare of minors, parents that are deceased, incarcerated or having drug, mental or emotional issues.
There are times when Courts may order visitation for grandparents. If either parent is not available for the child, and the other parent does not allow visitation for the grandparents, a Court could decide it is in the best interests of the child to see his or her grandparents.
In many cases, grandparents and step-grandparents can obtain visitation, depending on facts and circumstances, we can evaluate your chances and depending on circumstances, can guide you through the legal steps to obtain visitation.