Author: Grubbs & Landry

Should You Sue Someone Who Injures You In a Car Accident? View What’s Involved and Make Your Own Educated Decision…

Some people ask themselves if they should really sue because someone injured them even when they know that the insurance company will pay for the losses. Insurance companies do want to pay claims easily but when their customers are liable for your injury and it is proven, they expect to pay losses. In the state of Kentucky, built-in protection against a weak claim is in effect and should alleviate any anxiety you may feel about bringing a lawsuit.

Kentucky is a No-fault Insurance State

Kentucky is a “no-fault” state when it comes to auto insurance. In most auto accidents, Kentucky requires injured people to seek compensation from their own insurance coverage instead of filing a lawsuit in court. In order to file a Kentucky lawsuit, you must have exceeded your personal injury protection (PIP) benefits from your motor vehicle policy which includes coverage to pay the first $10,000 of your medical bills and lost wages in the event you are in a car accident. These benefits are available to you even if an accident is your fault and have suffered a “serious injury.” This means that usually your right to sue someone for causing your injuries is already limited to those threshold instances set by the state. In order to sue in most motor vehicle cases, you must incur at least $1,000 in medical expenses or you must suffer a fractured bone, loss of a bodily function, disfigurement, loss of a body member, a permanent injury, or death.

What is an Insurance Risk Assessment?

Insurance companies use a methodology called risk assessment to calculate premium rates for policyholders. Using software that computes a predetermined algorithm, insurance underwriters gauge the risk that you may file a claim against your policy. The risk analysis is somewhat similar to the analysis undertaken by a bank when it offers a homeowner a mortgage. With auto insurance, an applicant is asked a variety of questions related to his or her vehicle, age, gender, the names of other drivers for the vehicle, and location in order to determine the premium to be charged.

Prior History and Lifestyle

An applicant’s prior history and lifestyle is critical no matter what kind of liability coverage he or she is applying for…

  • Frequent car accidents
  • Bad credit score
  • Drives lots of miles to work
  • Has had a DUI
  • Living in a high-crime area
  • Living in a densely populated city
  • Driving a high-performance vehicle

A higher premium will be charged for any of these conditions

The decision to sue after a car accident is not an act of hostility or opportunity. It is a legal means of getting compensation for the damage that the other person caused. You should never have to pay the price for someone else’s negligence. When you sue somebody that is insured for personal injuries, the insurance company has accounted for that possibility and charged him or her, as well as all of it other insured consumers, a premium that will allow it to pay for your losses. In order for you to understand your rights and responsibilities after an accident, it is important to consult with an attorney before you talk to the other driver’s insurance company or attorney.

Contact us (859-341-2500) for a Free Consultation!

About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.
>> Learn More

If I’m Injured in an Car Accident, What Should I Do Afterwards?…

Over six million car accidents occur each year in the United States. Fortunately, most of them involve only property damage – damage to the vehicle as opposed to the occupants. But one in three accidents involves personal injury to the driver or passengers and out of that number, two out of every ten accidents lead to fatal injuries. If you are involved in an automobile accident, there are certain things you can do to protect yourself and your interests. An accident can cause you to miss work or important events and you may have to deal with traffic citations, liability issues, vehicle repairs, and sometimes injuries or even the death of a loved one. If you are in a car accident in Kentucky, the first thing you should do is to follow safety precautions. The following is a list of thing you should do if you are in an automobile accident…

Protect the Scene

Turn on your hazard lights, set out flares or warning cones if you carry them. Call the police and give an accident report and get assistance for medical care as soon as possible. A police report can help with the insurance process.

Call 911

If there is an injury call 911. Move your vehicle only if its position puts you in danger or you are instructed to move it by a police officer. If the accident occurs on an interstate or on or off-ramp does not involve death, or injury, or hazardous material, Kentucky law requires that you move the vehicle off the roadway as soon as the vehicle can be moved without risk of further injury or damage.

Make An Accurate Record

When the police arrive, make sure you tell the investigating officer(s) exactly what happened, to the best of your ability. If you do not know certain facts, tell that to the officer. Do not speculate, guess, or misstate any of the facts. If you are asked if you are injured and you are not sure, say you are not sure, rather than no. Often, the pain and injuries from motor vehicle accidents become apparent hours after the actual collision. You should also make sure statements made by other persons involved in the accident are accurate as well. Be sure and exchange your name, address, phone number, and insurance policy information. If the driver’s name is not the same name listed on the insurance card find out what the relationship is and write down bath names, addresses, and phone numbers. Note the year, make and model for the car, and the location of the incident.

Do Not Apologize

After a car accident, you may want to express sympathy to the other drive. Be polite but do not apologize. an apology could to construed as an admission of fault in legal proceedings. Do not get into an argument with the other driver if the other driver tries to get into a fight stay calm the police will be there soon.

Take Pictures

If you happen to have a camera in your vehicle, or a cell phone equipped with a camera, you should take pictures of the vehicles if there is visible damage. If you or the other party have visible injuries, you should photograph them as well. However, you should in no way interfere with the on-going police investigation. If you cannot take pictures at the scene of the accident, take them as soon as possible after the accident.

Protect Your Rights

In Kentucky, you cannot sue the other driver unless you have permanent or serious injuries such as disfigurement, organ damage, fractures, as well as at least $1000 in medical expenses. Perhaps the most important thing you should do after an accident is to consult your attorney. Your attorney can protect your rights and make sure valuable evidence is not destroyed. Often, insurance companies want to take statements immediately after an accident. It is important that you have received legal advice before providing such a statement. Your attorney can advise you on issues ranging from how to make sure you are fully compensated for your vehicle to how to make sure you are getting the best medical treatment available. Personal injury attorneys work on a contingency fee basis, which means there is no legal fee unless the attorney recovers compensation for your injuries. The statute of limitations in Kentucky for injuries or death caused by car accidents is one year for some claims and two years from the date of the accident or from the date of the last payment of Personal Injury Protection (or no fault) benefits for many of the claims arising from the auto accident. It is important to consult with an attorney before you talk to the other driver’s insurance adjuster or attorney and before you give a written or verbal statement.

Contact us (859-341-2500) for a Free Consultation!

About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.
>> Learn More

5 Things You Should Never Do To Your Children During a Divorce…

A divorce is one of the most stressful experiences in a person’s life. It is especially more challenging when children are involved. Children are often the unfortunate victims of a divorce. Usually, they don’t want their parents’ relationship to end. They are worried about what is going to happen to them. Will I have to move? What if Mom or Dad has a new boyfriend or girlfriend? What if they don’t like me? Can I somehow get my Mom and Dad to change their minds? Did I do something to make them get a divorce? Just remember to keep your behavior in check and do what’s best for them. It is often difficult but is very necessary. You want to foster a loving and healthy bond with your children even though you were not able to save your marriage. The following are several things you must not do to your children during divorce you do not want to unintentionally hurt your children.

Do Not Have Your Children “In The Middle” of the Divorce.

You shouldn’t question your child about the activities of the other spouse as a way of gaining ammunition against your “ex” or just because you’re prying. Ask your “ex” directly if you really want to know something. It puts your child in the middle and may make them feel they should lie to the other parent. Your children are not negotiating tools or bargaining chips that you can use to cause harm to your spouse. You should strive not to put them between you and the person you are divorcing. Do not expect your children to handle adult conversations, especially if they aren’t near to adulthood.

Do Not Put the Other Parent Down In Front of the Children

It is never a good idea to talk negatively about the other parent in front of the kids. This is a very difficult rule to follow as many divorcing people are hurt, bitter and angry and want to make sure their soon-to-be former spouse knows they feel this way. It is important not to threaten or antagonize the other parent and not to talk about your issues on social media as this information can be used against you. Just remember talking negatively about your spouse makes your child uncomfortable and sad.

Do Not Pit Them Against the Other Parent

If children are forced to choose sides, it can make co-parenting a complicated and difficult task and make the children feel guilty. Typically, kids benefit from the presence of both parents. They do not benefit—and indeed can be harmed—when one of their parents portrays the other in a relentlessly negative light. Similarly, they are often harmed by parents who fight their way through divorce and post-divorce/

Do Not Expect Children to Comfort You In Your Pain and Loneliness Over the Divorce

Having your children as your main source of emotional support is not healthy for them. You should be the one comforting them during the divorce. Just remember when it comes to your kids, you must always be selfless. You might be divorced and in the process of a lifestyle change but your children will always be connected to you and your ex-spouse.

Don’t Forget to Spend Quality Time With Your Children

Children need love and attention no matter what is happening with their parents. They should not be pushed aside because someone is having issues in their marriage. This is a good time to do something special with the kids. It may be hard to find the extra money, but there are some inexpensive trips that can be arranged or a small party can be planned. Don’t become so consumed with what is happening to you that you have no time to spend with your children. They really need you now.

Contact us (859-341-2500) for a Free Consultation!

About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.
>> Learn More

How Adultery Can Affect Your Divorce and Possible Alimony…

Marriages can end when one member of the couple discovers that the other has had an adulterous relationship. How important is the impact of the extra-marital relationship on the divorce itself? Legally, the answer varies from state to state, In Kentucky we have a no-fault state when it comes to divorce, so there are no “divorce consequences” to the act of adultery. The larger question to ask is… did the adulterer us an marital assets to support the extra-marital relationship?

When Marital Assets Are Use To Support The Extra-Marital Relationship

These days, adultery rarely has much of an impact on the distribution of assets — except in cases where one spouse has used marital assets to support the extra-marital relationship. For example, if a husband borrows against a marital asset in order to support his mistress, that fact would likely be taken into account in distributing the assets of the marriage. Adultery will not typically affect if a spouse will receive alimony or spousal support, but it may affect how much.

Marital Misconduct and Alimony

While we are a no fault divorce state in Kentucky, meaning you don’t have to have a reason to get divorced, a spouses marital misconduct is considered when it comes to alimony. Misconduct will not affect child custody, or division of assets, it may affect the amount of alimony awarded. If you are the one that was adulterous and also the one that is supposed to receive alimony the judge may award less based on marital misconduct. However if you are the person receiving marital maintenance and your spouse cheated, you may be awarded more. Usually this is case by case situation and not the common outcome.

Always Consult an Experience Divorce Lawyer

For your own benefit, you should consult a qualified lawyer to address your concerns more appropriately. Divorce Lawyers realize divorce is stressful and emotional and they want to help you move through it as swiftly and painlessly as possible. Your best bet is to seek your revenge through being happy without your ex and let his or her conduct find its own punishment without you.

Contact us (859-341-2500) for a Free Consultation!

About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.
>> Learn More

Options You Can Take When Your Ex-Spouse Stops Paying Child Support…

The family court takes the payment of child support and alimony seriously. Very seriously. And a spouse who fails to pay without a valid justification can get in big trouble financially. Despite both parties coming to an agreement in order to finalize a divorce, that doesn’t mean they will uphold their end of the bargain. If your ex-spouse or the other parent fails to pay child support in Kentucky, the family court can help. The non-paying parent will be issued papers with instructions to meet in order to set up a payment arrangement.

Getting the Court Involved

As a technical matter, you can make these requests with a Motion for Enforcement, a Motion for Contempt, or a Motion for Order to Show Cause. In both cases, you are asking the Court to use its powers to fix the problem. If a party fails to follow the instructions on the paper, jail time could be a consequence. the court has the ability to order your ex to pay a fine and attorney’s fees to you for having to hire a lawyer to fix the problem. Sometimes your ex learns his or her lesson, and the problem never happens again. This is what you hope for because jail time is unproductive since then the ex will not be able to work to make any sort of payment.

The following are common instructions to recover child support payments…

  • Garnish Your Ex’s Wages – Similar to an income withholding order, you can request a garnishment of your ex’s wages or other money such as bank accounts.
  • Ask For The Sale Of Pre-Existing Assets – In certain circumstances, you can request the Court order your ex to liquefy assets in order to pay the alimony and/or child support award.
  • Ask For A Lien On Property – What if your ex has money in real property and money is not available to garnish? You can ask the Court to put a lien on the property.
  • Withhold Federal Tax Refunds
  • Suspend a Business License
  • Suspend Driver’s License

Next Steps If The First Try Doesn’t Work

If your ex fights you in court or attempts to underestimate his or her earnings you can request an income and expense declaration. Sometimes, a former spouse will ignore the request for a current Income and expense declaration. If this occurs, the Family Code provides that if there is no response within 35 days, or if the Income and Expense Declaration is incomplete as to any wage information, or if pay stubs and income tax returns are not attached, then the requesting party may serve a Request for Income and Benefit Information directly on the employer of the other party. The non-responding party may also be sanctioned by the court for his or her failure to comply with the initial request. As much documentation as you can provide such as pay stubs, tax returns, bank statements, and any records which provide the income and capital of the other party is to your advantage.

Contact us (859-341-2500) for a Free Consultation!

About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.
>> Learn More

5 Common Mistakes Fathers Make During and After A Divorce…

When your marriage comes to an end, it’s easy to get caught up in your emotions. Overwhelmed by all that you are experiencing can cause you to unknowingly make mistakes. This might come with longer lasting consequences, so it is vital that you do your best to remain level headed and not succumb to your emotions. The following are some of the most common mistakes dads make as they go through divorce….

Running Up Litigation Costs

In an effort to outspend and break their ex-wives, dads will drive up litigation expenses. This can cause fathers to deplete their own funds and gain enemies. This can also create the impression that they are being unnecessarily difficult which can cause the judge to side in favor with their ex.

Over-Extending Themselves

With divorce comes change. With expenses like child support, alimony, and the cost of dual households, they feel overwhelmed and are forced to work more just to support these lifestyle changes. To avoid over-extending yourself, consult with your divorce attorney in the beginning of the process. They can help you understand what your financial obligations are and assist you in creating an effective budget to accommodate the pending changes.

Failing to Prioritize Their Children

In an effort to maintain the peace, fathers sometimes sacrifice time with their children and avoid going to family court. While it is important that you make the transition as smooth as possible for your children, it is more important that they are still getting time with their dad.

Using Their Children as Pawns

Often times fathers will use gaining equal custody of the children as leverage to reduce the amount of child support they’ll have to pay. Custody should be divided fairly and centered around the best interest of the children, not either parent. It is important to spend quality time with your children when you do have them. If you’re only fighting for custody because you do not want to have higher child support payments, you need to step back and reevaluate.

Refusing to Pay Child Support

Usually if a father ceases child support payments, there is a good reason for it whether it be that they lost their job or had a decrease in pay. Regardless, you should not stop paying your child support. In these situations, it is best to ask for a modification. It is likely that a judge will agree to the modification if it is deemed that your current payments are causing significant financial stress on you and not maintaining the best interest of the children. You do not want to face penalties and interest fees on top of missed payments.

Contact us (859-341-2500) for a Free Consultation!

About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.
>> Learn More

Divorce Tips For Couples Thinking About Divorcing After 50…

Divorce after 50 can be financially devastating. The cost of living is considerably more when you’re single rather than when two of you share expenses, Expenses can be 40% to 50% higher than for couples on a per person basis, according to the American Academy of Actuaries. However, divorce among individuals of this age has doubled within the past 20+ years. Divorcing after 50 is sometimes referred to as a gray divorce. It has its own unique challenges since most married couples over the age of 50 have likely spent decades with each other. Here are a few of the issues individuals over 50 must consider if they are thinking of obtaining a divorce….

If Your Health Insurance Is Through Your Spouse

If your spouse’s policy has covered you, you may be in for a nasty—and expensive—surprise, especially if you divorce before Medicare kicks in at age 65. Basically, there are three options…

  1. Your employer can cover you
  2. You can sign up for your state’s health care exchange under the Affordable Care Act
  3. Continue to use your ex’s existing coverage through COBRA for up to 36 months, but the cost is likely to be substantially more than it was before the divorce.

If new, separate health insurance policies threaten to break the bank, you may want to consider a legal separation so you can keep your ex’s health insurance but separate your other assets.

Finances / Lifestyle Changes

Financial aspect of divorce can present some major hardships, especially since you are no longer in your prime income-earning years. You will have a division of 401K and IRA plans, if either or both of you have those assets. You’ll have to pay the standard 10% early withdrawal penalty to divide these funds. A qualified domestic relations order is a legal document you can sign that is typically found in a divorce agreement, it recognizes that a former spouse is entitled to receive a predefined portion of the other spouse’s individual retirement plan assets. You can use this plan to save 10%. Depending on the specific circumstances of your situation, a divorce might require to delay retirement or a drastic lifestyle change.

Emotional Considerations

First time in a long time for being only responsible for yourself to make decisions based on what you want. From little decisions like what to hang on the wall of your house to bigger ones like where to travel and what kinds of projects to do on the house, is all up to you. That feels good but can also be overwhelming. At first, it can be really nerve-wracking and the dating world has changed. Dating can be energizing until it gets exhausting. It can be scary since you might not be used to being on your own. Remember that it is OK to ask for help. Talk to a close friend or consider therapy to vent your emotions.

Adult Children

No matter how much you’d like to help your kids, your priority is to ensure you have a healthy retirement income. When the income that once covered one set of household expenses is suddenly divided into two, you may have to make some changes to your spending to afford your daily and monthly expenses. Unlike younger couples struggling with child custody or child support, these problems no longer are on the table, but that does not mean you will not have to provide comfort and emotional or financial support to older sons and daughters.

Contact us (859-341-2500) for a Free Consultation!

About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.
>> Learn More

3 Reasons Why You Should Be Wary of Online Divorce Services…

Getting a divorce is a stressful and often emotionally difficult process. Many people don’t want to go through the court system and hire a lawyer, thinking that this will take too long and cost too much money. In recent years, online divorce sites have started advertising as quick and easy alternatives to traditional divorce methods, providing people with the necessary documents to file without having to go to court. Online divorces are certainly legal, though they are not always recommended, especially if you and your spouse are facing a contentious divorce. If you and your spouse cannot agree on all major issues, then it’s best that you involve an attorney. If you are thinking about getting an online divorce, there are several drawbacks that you should consider before choosing this option…

Making Legally Binding Decision Without Professional Advice

The decisions you make in your divorce are legally binding. This means they cannot be changed unless there is a significant change in circumstances later on for you or your ex-spouse. Thus, having to make decisions about complicated legal issues without the advice of a knowledgeable lawyer can lead to regret. You may make decisions that are not in your financial favor, or you may agree to terms that hinder your relationship with your children in the long run. Thus, online and do-it-yourself divorce may result in regrettable decisions.

Completing Forms Without Assistance or Experience

Online divorce websites advertise as cheap, simple, and quick ways to obtain a divorce. However, they often still charge some money and do not provide assistance for making complicated legal decisions. This means you may actually spend more time and energy trying to figure out the necessary forms you must file than if you had the help of a lawyer. You will also have to do research to learn complex legal definitions and terms related to your case. The stress of filing for divorce through a do-it-yourself website is often much greater than hiring a knowledgeable attorney to walk you through the process.

In Court, Do You Want an Agreement Drafter or a Lawyer By Your Side?

An amicable divorce is synonymous with an uncontested or no contest divorce. Believe it or not, there is such a thing, and it works well in the appropriate contexts. However, if you have to show up to court with an agreement drafter online and your spouse has a lawyer by her side, you’re probably in for some trouble. An online service cannot replace an experienced and determined lawyer, especially when you are contesting complex family law issues. Divorce laws differ from state to state, and sometimes from county to county. While online divorce sites offer paperwork for general laws, they may not provide the exact details and forms that your particular county requires.

So are online divorce services safe to use? Relatively speaking, yes. But does that mean there are good for you? Probably not.

Contact us (859-341-2500) for a Free Consultation!

About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.
>> Learn More

What Are A Grandparent’s Visitation Rights Following A Separation or Divorce?…

Kentucky is one of the few states that allows grandparents to sue for visitation if the grandchild lives in an intact family. A court may award a grandparent the same visitation rights as a parent without custody if the grandparent’s child is deceased and the grandparent has provided child support to the grandchild. In all cases, courts examine the best interests of the children. Divorce and separation cause trauma for all family members. With a break up, the level of influence of family members on either side is jeopardized. Especially extended family including grandparents. What are the rights of grandparents involved in the lives of their grandchildren after divorce or separation, as well as the extent to which their rights are enforceable by law if denied by either parent?

Child Visitation

The circuit court may grant reasonable visitation rights to either the paternal or maternal grandparents of a child and issue any necessary orders to enforce the decree if it determines that it is in the best interest of the child to do so: KRS 405.021 Reasonable visitation rights to grandparents. The grandparent asking for court-ordered time has the “burden of proof” (the duty to provide sufficient evidence) to show that visitation is in a child’s best interest. Kentucky courts automatically presume parents act in their child’s best interests and give special weight to their preferences regarding their child’s care. If your grandchild’s parent(s) object to grandparent visitation, you must overcome this “presumption” (legal assumption) by showing that spending time with you serves the child’s best interests. If the court determines grandparents’ future involvement to be in any way harmful to the child’s well being, visitation rights may be denied. Grandparents are entitled to appeal the decision.

Unmarried Fathers and Grandparents’ Rights

If unwed fathers do not legally establish fatherhood by filling out a voluntary declaration of paternity, performing a paternity test, or signing the child’s birth certificate when they are born, they do not have any parental rights. Without one of these facts when the unwed father splits from his child’s mother with his legal paternity unconfirmed, he is not assumed to be the father. Therefore he will not be granted parental rights or given any kind of child custody. In such cases, the same is true for paternal grandparents. If there are no parental rights for the father, there are no rights for paternal grandparents.

What Can Grandparents Do When Barred From Spending Time With Grandchildren?

When grandparents are denied contact with their grandchildren it can be heartbreaking for the grandparents and grandchildren alike. Although suing for visitation rights is a possibility, the most productive approach is resolving family disputes. Maybe mediation could provide an opportunity for resolution. If mediation fails, you can still have legal recourse. Contact a family attorney who understands family issues tend to be personally painful and that legal battles are to be avoided whenever possible. So get some legal advice to solve your visitation problems.

Contact us (859-341-2500) for a Free Consultation!

About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.
>> Learn More

Is a Prenuptial Agreement Right for Me?

The truth is, marriage is not only a romantic relationship but also a type of business relationship. This dual nature and purpose of marriage have led to the increased acknowledgment that a prenuptial agreement (also called a premarital agreement or prenup, for short) can be useful to protect each spouse’s financial interests. Many engaged couples think it will never be a necessity, the truth of the matter is many marriages fail.

Peace of Mind

With a prenuptial agreement you would have peace of mind that your assets, finances, real estate, and other issues of value which are protected. Prevention is the best defense against a devastating loss.

Gift of Love

Popular culture has us thinking that prenuptial agreements are simply about anticipating a divorce. That is far from the truth the agreements are generally recommended for everyone. They signify a strong way of signifying you care about your future spouse because you want to ensure things are taken care of as thoroughly as possible.

Especially Important to Consider

If a divorce ever becomes your reality, you will thank yourselves for having taken care of a majority of the financial aspect of our marriage ahead of time. Especially if your life includes…

  • Children from a previous marriage
  • If either of you has been married before
  • Either of you has more wealth than the other
  • Either of you is a business owner
  • Custody of future children and pets

Hiring a prenup lawyer can make all the difference, not only in reaching an agreement but also in getting it memorialized in a document that will stand up in court. A good lawyer — well, two lawyers, actually — will ensure that a prenup fits everyone’s needs. The law considers marriage a contract between two people. So unless a married couple creates a legally binding agreement that states otherwise, the law in the state where they live will govern their property rights.

Contact us (859-341-2500) for a Free Consultation!

About Grubbs & Landry

At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.
>> Learn More