Dorothea G. Aguero, Attorney at Law, P.C. Anchorage Family Law Attorney | Dorothea G. Aguero, Attorney at Law, P.C.2022-11-07T19:52:30Zhttps://www.aguerolawfirm.com/feed/atom/WordPress/wp-content/uploads/sites/1503266/2022/10/cropped-aguero-siteicon-32x32.pngOn Behalf of Dorothea G. Aguero, Attorney at Law, P.C.https://www.aguerolawfirm.com/?p=472022022-11-07T19:52:30Z2022-11-07T19:52:30ZAdoption through foster care
When someone adopts a child through the foster care system, they agree to permanently raise a child for which they or another family previously provided foster care while the child was under the State's custody.
Adoption through private means
Private adoption occurs when an individual or couple takes in a child that the birth parent or parents handed over to a private agency. This can be an expensive option, but it does offer some benefits. For example, the agency might provide support to both the birth and adoptive parents. The process may also go more quickly than some other adoption methods.
Adoption through a relative
Sometimes, a close family member will adopt a child when the birth parent can no longer care for the child. For example, a grandparent might adopt their grandchild, or an aunt might adopt their nephew or niece. This may happen when the child is an infant or when the child is older but still under 18.
Adoption can be a long process, but very worth it in the end for prospective parents. There more someone knows about the process, the easier it is for them to make informed decisions.]]>On Behalf of Dorothea G. Aguero, Attorney at Law, P.C.https://www.aguerolawfirm.com/?p=471982022-10-17T19:41:53Z2022-10-17T19:41:53ZCan you or your ex move out of state with your child?
Moving out of state with a child requires the other parent's consent, or if the other parent will not consent, a judge's approval. When considering modifying a parenting plan due to a move, the court must first determine whether the reasons for the move are legitimate. A parent can not move out of state with a child for the sole purpose of preventing the child from seeing his or her other parent.
There are many legitimate reasons for divorced parents to move, however. These reasons may include proximity to extended family, career development or education opportunities.
How should the judge determine custody and visitation?
The judge should consider the best interest of the child, which requires looking at a number of factors. The judge should consider each parent's ability to meet the child's physical and emotional needs and facilitate the child's relationship with the other parent. If there is a history of abuse in either household, the court should take this into account.
An out-of-state move will affect your child regardless of whether he or she moves or stays behind. If you and your ex can not agree on where your child should live, a judge should decide what arrangement best supports your child's well-being.]]>On Behalf of Dorothea G. Aguero, Attorney at Law, P.C.https://www.aguerolawfirm.com/?p=471282022-09-06T18:39:31Z2022-09-06T18:39:31ZHow does Alaska determine custody for same-sex parents?
The state’s law on awarding custody makes the child’s best interest the priority. The statute clearly stipulates that the law gives neither parent preferential consideration over the other, regardless of legitimacy. In a same-sex parent situation, the fact that one parent is the biological parent would not provide that parent a legal advantage when the court decides custody.
Do the courts award shared custody to same-sex parents?
The courts do award shared custody to same-sex parents when it is in the child’s best interest. The courts consider the following factors:
Home stability for each parent
The child’s educational needs
The amount of time the child should spend with each parent
Travel time between households
The parents’ willingness to nurture a relationship with the other parent
Alaska statutes for custody use gender-neutral language, reflecting the state’s perspective that it considers both parents equally when determining custody, regardless of gender or biological parentage.
Custody issues can be a challenging hurdle for everyone involved. However, when both parents commit to their child’s best interests, it is possible to work out an amicable solution. Alaska’s custody laws support this approach for same-sex couples and heterosexual couples.]]>On Behalf of Dorothea G. Aguero, Attorney at Law, P.C.https://www.aguerolawfirm.com/?p=471232022-08-08T20:20:05Z2022-08-08T20:20:05Zretirement benefits
How courts determine child support
There may be military guidelines you can consult if you cannot come to an agreement with the other parent about child support. Most courts, however, ask you to look at state laws.
In Alaska, courts determine child support based on what your former spouse earns. Non-custodial parents typically pay 20% of their adjusted income for one child. For more children, the percentage becomes:
27% for two children
33% for three children
an additional 3% for every other child
It is not wise to use a tax return because service members receive part of their income tax-free. Instead, present a Leave and Earning Statement to the court. The LES is a comprehensive pay statement that includes housing along with basic pay. It also lists other allowances.
The Uniformed Services Former Spouse Protection Act can help you collect support
The Uniformed Services Former Spouse Protection Act entitles you to collect part of your former spouse's pay. You also have a right to other things, including medical benefits and the use of the commissary. Once you have a court order, you can request direct payment from a military payment center.]]>On Behalf of Dorothea G. Aguero, Attorney at Law, P.C.https://www.aguerolawfirm.com/?p=469262022-07-07T02:38:52Z2022-07-07T02:38:52ZWhen do you need the child's consent?
In Alaska, children aged 10 or older must consent to the adoption. If the child is under 10 but capable of stating a preference, the court may take this into account, but the child's consent is not a requirement.
These rules apply to all adoptions in Alaska, not just stepparent adoptions.
Why is consent important?
Adoption severs your stepchild's legal relationship with his or her other biological parent. Very young children may not fully understand what this means, but older children can and should be part of the decision.
The child may have conflicting feelings about adoption. He or she might feel guilty about "replacing" a biological parent, for example. Helping the child work through these feelings is an important part of the adoption process.
What if the child can not consent?
Some children may not be capable of consenting to the adoption regardless of age. For example, a child with an intellectual disability may not have a sufficient understanding of the situation to give or deny consent. The court can waive the consent requirement if the adoption is in the child's best interest.
Adoption is a major decision that can involve many emotions. When considering adoption, it is important to acknowledge your stepchild's feelings and give him or her a voice in the process.]]>On Behalf of Dorothea G. Aguero, Attorney at Law, P.C.https://www.aguerolawfirm.com/?p=469212022-06-01T22:37:51Z2022-06-01T22:37:51ZFinancial considerations
Adoptive parents become financially responsible for the care and maintenance of the child. If the child is in foster care before the adoption, the child may receive a subsidy from the state of Alaska. Medicaid coverage for the adopted child is always included in the subsidy amount. The adoptive parents may insure their child with private insurance in addition to any Medicaid coverage.
In the event of the adoptive parents' death, the adopted child has the same legal rights to the parent's estate as any natural-born child. A valid executed will controls the estate distribution per the terms specified.
Interaction with the biological parent
After an adoption, all rights of the biological parents cease, and any child support obligation is also removed. Adoptive parents can decide to allow contact between the child and birth parents. Sometimes a court may order specific contact as part of the terms of the adoption.
Cessation of adoption
Adoption is permanent and generally only ends if the adoptive parents or child die. A court can terminate an adoption if required.
Anyone seeking to adopt a child should approach the process with the seriousness required for this lifelong commitment.]]>On Behalf of Dorothea G. Aguero, Attorney at Law, P.C.https://www.aguerolawfirm.com/?p=469142022-05-06T18:17:19Z2022-05-06T18:17:19Zmay work better for your situation and help to preserve an amicable relationship with your ex. There are several additional benefits to keeping your separation out of the courts.
Lower costs and less time
Mediation costs a fraction of a typical litigated divorce because it does not involve court costs or other expenses associated with litigation. The entire process also takes much less time because of the conflict resolution goal. Less time also equals fewer expenses, making mediation a very cost-effective alternative to a traditional divorce.
Privacy protection
All communications during meditation and agreements reached through mediation are confidential. By contrast, divorce proceedings in a courtroom are a public record. Mediation is a wise choice if you wish to maintain your privacy and keep details of your marriage and family out of the public.
Less stress for all involved
With the focus on finding agreeable resolutions for all parties, instead of blaming and finding fault with your ex, there is much less friction and animosity during mediation proceedings. This can ease the stress children feel during the process too.
You retain control
Instead of having a judge in a courtroom make decisions for you, a mediator works with you to find solutions. Mediators give you information about all of your options so that you can make informed choices about how to move forward. The goal of mediation is to communicate effectively with your former partner to find a resolution that works for your unique situation.
Electing to try mediation does not close the door to other options. If mediation is unsuccessful, you can still pursue traditional divorce litigation.]]>On Behalf of Dorothea G. Aguero, Attorney at Law, P.C.https://www.aguerolawfirm.com/?p=468192022-04-01T14:27:17Z2022-04-01T14:27:17ZAlaska divorce will follow a similar trajectory. Even so, there are a few myths surrounding same-sex divorce that warrant clarification.
1. Same-sex divorce is more complicated
It is an unfortunate reality that same-sex couples are likely accustomed to jumping over some extra hurdles. However, ending a same-sex marriage does not entail any additional or more complicated paperwork in Alaska.
2. Same-sex divorce can be more expensive
Because the process of ending a same-sex marriage is the same as in any other divorce, there is typically no need to expect extra costs. The only additional fees an LGBT individual should expect may come if they seek a divorce attorney with experience in their particular situation.
3. Asset division is always simple
Division of assets can be a complicated and sensitive part of any divorce, and some same-sex couples may have an additional layer of complexity to worry about. Couples with a history reaching back before the legal recognition of same-sex marriage in Alaska might have a difficult time sorting which assets are marital property and which should classify as individual property.
In most regards, a same-sex divorce differs very little from any other marriage dissolution. Even so, any divorce can take a turn for the complex. A family law attorney can provide assistance with ensuring that proceedings continue smoothly and efficiently.]]>On Behalf of Dorothea G. Aguero, Attorney at Law, P.C.https://www.aguerolawfirm.com/?p=468072022-03-10T21:57:05Z2022-03-10T21:57:05Zdivorced or annulled their marriages. If you and your ex have plans to jointly parent your children, the following tips may help.
Set aside your feelings
You may still have feelings of anger, resentment and frustration left over from your divorce. Try not to let these emotions spill over into your co-parenting relationship. Remember to put your children’s needs first and not let your feelings affect the arrangement.
Maintain consistent schedules and rules
As you transition your children to living in two households, maintain similar schedules, routines and rules at both homes. For example, follow the same bedtime routine and have the same limits for screen time at both households.
Work on improved communication
The way you and your ex communicate can affect the effectiveness of your co-parenting relationship. Update your former spouse regularly about your children and set up regular meeting times to discuss your children, schedules, etc. You should also determine how you and your spouse will communicate, whether it is over text messages, email or in-person meetings.
Learning to share parenting responsibilities with your former spouse can be a challenging process. Although it may be difficult at first, co-parenting with your ex will likely get easier over time.]]>On Behalf of Dorothea G. Aguero, Attorney at Law, P.C.https://www.aguerolawfirm.com/?p=468042022-02-11T20:17:24Z2022-02-11T20:17:24Zmarital property is difficult, especially with benefits and retirement plans. To learn more about the QDRO process, continue reading this article.
What if your spouse does not cooperate?
Your spouse may not cooperate with you when learning more about their retirement plan. However, this is not a serious problem. All you have to do is contact your spouse’s employer and request the contact information for the plan provider. The provider will send you a copy of your spouse’s benefits. According to Alaska Court Rule 26.1, your spouse must sign a release form for all their benefits in the event of a divorce.
QDRO limitations
QDROs have limitations in their scope. For example, the alternate payee cannot receive increased benefits from their ex-spouse’s or guardian’s retirement account. In addition, the payments made to an alternate payee cannot supersede amounts already owed to another alternate payee from another QDRO. Also, if the spouse, child or dependent is not already on the retirement plan, a QDRO cannot add them to the plan during the divorce process.
Not everyone needs to file for a QDRO during a divorce. But if your marital property includes a retirement plan, it is best to start the drafting process early. Consult with your attorney about filing the proper paperwork, and submit it as soon as possible. If done right, you can conclude the divorce proceedings and QDRO at the same time.]]>