Custody & Divorce Practice Areas
Complex Child Custody & Parenting Time
There is no presumption for equal parenting time, but it is a starting point. While the courts favor a bonded relationship development with both parents, there are also many factors that the Courts consider in determining the child's best interests.
Many of these cases become complex in these scenarios:
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Involvement with Department of Child Safety
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Denial of Parenting Time for extended periods
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Documented Abuse of Drugs or Alcohol
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Domestic Violence Injury
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Mental Health Issues
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Parenting Time Resistance
First Responders
Certain issues are unique to police and fire clientele. We fight for a shift-friendly parenting plan, defend spousal maintenance claims, and when the law is applicable, protect the government pension. Ms. Fitzpatrick served in law enforcement and grew up in a law enforcement family with ties to the Narcotics LE community.
Child Support
Child Support is more than a calculator; it requires a working knowledge of the Support Guidelines, enforcement, imputing incomes, the inner workings of support termination and tax benefit allocations. We are on a mission to gather as much information as possible to ensure that the best interests of the child are served.
Of course, each situation is different. Your advocate knows the laws surrounding Adoption Subsidies, Social Security, VA benefits, and Guidelines to seek the most favorable order.
Disputed Property & Disclaimer Deeds
Even premarital property and inheritance can be in dispute, along with how certain marital assets can be divided. The Courts have long recognized that an equitable distribution may not be an equal distribution, but should be specific to each case.
Spousal Maintenance (Alimony)
Spousal Maintenance is a two-prong factor test, first on eligibility and then weighing the deviation factors, all within the guidance of a requesting spouse's self-sufficiency and the paying spouse's affordability. We blend case law, discovery, and earning capacity to highlight which factors are the most influential in a client's specific case and are experienced on both sides of spousal maintenance claims.
Community Waste
While the Courts do not use asset division to punish a spouse, there is statutory authority for Courts to award an unequal portion to restore one spouse when the other has wasted community funds, such as excessive or abnormal spending, destruction of funds, hiding money and assets, or fraudulent disposing of assets. These types of claims involve auditing financial records to the prove the waste, and is often used to restore the money used on extramarital affairs and addictions.