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Is parenting time interference really a big deal?

Many parents face great difficulty making the transition from being one family to raising their children separately after divorce. While the reasons may be obvious for this, it's not always clear when to accept some bumps in the road along the way and when another parent's behavior or refusal to abide by the rules is truly an issue that requires legal action.

You might be surprised to learn that courts take parenting time very seriously, and expect parents to abide by the terms of their parenting agreements and custody orders. When one parent chooses to bend the rules and obstruct the time that the other parent enjoys with their child, this usually constitutes parenting time interference. A parent may interfere either directly or indirectly with the other parent's time, but both types of interference are unacceptable and may result in punishment from the court, and possibly even criminal charges.

Can you get out of an employer’s nondisclosure agreement?

In today's business environment, a surprising portion of contracts include nondisclosure agreements (NDAs), even when their necessity isn't immediately obvious. Of course, it only makes sense that any party should have the freedom to use the law to protect itself in business, but some NDAs far overreach the law and make demands that few courts may uphold.

If you find yourself facing a conflict involving an NDA that is too restrictive, you can begin building an exit strategy. Start by reviewing the original agreement very carefully. If the terms of the agreement are far-reaching or vague or if the remedies for violating the agreement are disproportionately high, then you may have grounds to contest the agreement in court.

Prioritizing children’s interests in divorce

When parents split up and choose to divorce, it is often very difficult for children to transition to a new life with parents living in separate homes and in some cases separate cities or states altogether. When courts consider a custody dispute, they prioritize the best interests of children so that the children's needs are met first and foremost.

Practically speaking, this means that parents may need to focus their divorce strategies on their children if they hope to achieve their own goals. When courts see a parent proposing solutions that meet the needs of his or her child while the other parent fights for custody terms that do not serve the needs of the child very well, the court is almost always likely to favor the first parent.

Age discrimination often a barrier for older workers

Regrettably, age discrimination is alive and well in America, with many older Americans asserting that they experienced unfavorable treatment relating to their age while on the job, or when trying to find a job. According to AARP, American workers over 35 see it as the single biggest barrier to finding employment, and two out of every three American workers between 45 and 74 report being a victim of such treatment.

The Age Discrimination in Employment Act of 1967 sets guidelines that make it against the law to treat workers differently once they reach the age of 40, and its tenets apply to employers who staff 20 or more workers. However, age discrimination is still a common occurrence, and particularly within certain industries, such as the technology or entertainment industries. Many workers who are victims of age discrimination are also hesitant to report it, either because they are unsure if the treatment they are receiving is illegal, or because they fear speaking up may cost them a job. If you have experienced age discrimination in the workplace, here are some facts you should know.

Who gets the marital home in a divorce in Kentucky?

Divorce often creates many areas of uncertainty for divorcing spouses, far beyond the instability of the dissolving relationship itself. Especially for couples who are both new to divorce, understanding the process and what to expect from it may seem overwhelming to one or both spouses, which can create unnecessary conflict and drag out a divorce. A common issue that can complicate and lengthen divorce is determining which spouse keeps a marital home.

There are no hard-and-fast rules about which spouse keeps a marital home in a divorce, but there are some practical ways to determine which spouse may need it more and may have the means to maintain it, of whether it is best to keep the home at all. For instance, if a divorcing couple has children, the court is primarily concerned with the wellbeing and best interests of the child. In these cases, it is very likely that the parent who retains primary custody will also receive the home in the divorce.

Negotiate renovations carefully in a commercial lease

When it comes to commercial leases, the good news is that most of the terms are negotiable. However, the more difficult news is that certain issues require careful negotiation if you hope to avoid fines or legal repercussions. This is particularly true when it comes to making changes to a property that you lease.

While a landlord or owner may allow you to make renovations or improvements to a property, it is usually unwise to begin making these changes without the expressed permission of the owner. There should also be a detailed understanding between all parties of what changes you intend to make, how they may affect the property overall (especially if the property includes other tenants) and the steps that you must take to return the property to its original condition when you leave the space.

Do you need a custody arrangement modification?

After the dust settles on your divorce and custody agreement, you may find that the specifics of your arrangement simply do not work. In many cases, the circumstances that surround you while you negotiate your custody arrangement are not the circumstances that you continue to live under indefinitely, and when your circumstances change significantly, it is always wise to look at your custody arrangement to see if a modification is best for you and the child that you love.

If you need a modification, it is important to work for it though the proper channels and processes. The courts do not generally take a kind view of those who disobey a custody agreement simply because it is inconvenient, and even if you think that you and your child's other parent have an unofficial agreement that circumvents your custody arrangement, this may come back to haunt you if he or she documents you deviating from the plan.

How do you protect your parenting time after divorce?

After any major life change, it may take different people varying amounts of time to acclimate and find their footing. This is especially true for parents who divorce and must figure out how to effectively raise their child together. Of course, most divorced parents find that navigating this new stage of life is difficult in ways they did not expect, often leading to bad behavior that compromises the other parent's tie with the child.

Whether this is intentional or done out of negligence, parenting time interference is a very serious matter to the courts. In most cases, before a divorce can finalize, parents must present the court with a parenting plan that outlines how they plan to share their responsibilities and privileges of parenthood. This agreement should include detailed language against either parent obstructing or undermining the other parent's relationship with the child.

Not all confidentiality agreements are legally sound

These days, many employers seek to add an extra layer of legal protection to their business by having employees sign confidentiality agreements before beginning work. This is understandable, especially considering how likely any company is to face litigation over its lifetime. However, many confidentiality agreements handed to fresh employees are not nearly as ironclad as either side may think.

In many cases, employers weaken the agreement by making it intentionally far-reaching or vague. While it is certainly reasonable for a business to protect certain aspects of its operation or ask an employee to agree to some degree of confidentiality, if the scope of the agreement is too restrictive to the employee or too broad in its reach, a court may not choose to uphold it.

Protecting your assets in a late-life divorce in Kentucky

Divorce among people who are age 50 and over is continually increasing. As more people divorce later in life, the need for qualified legal assistance in cases of gray divorce is becoming more critical than ever before. 

People facing a late-life divorce have financial concerns that significantly differ from couples who divorce at a younger age. Given this, if you are facing a gray divorce, you need to know what these particular issues are and how you can mitigate the risks associated with them.

Call 502-584-1000 to speak to a lawyer today.

  1. Charles W. Dobbins, Jr.

    Charles earned his J.D. degree from the University of Virginia in 1974

    He was graduated from Washington & Lee University in 1970 with a B.A. with Distinction

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    Mark W. Dobbins

    Mark earned his B.A. from Emory University.

    He earned his J.D. from the University of Louisville.

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    Patrick T. Schmidt

    Patrick earned his B.S. in Accounting from the University of Kentucky in 1989.

    He earned his J.D. from the University of Kentucky in 1992.

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    Terrence L. McCoy

    Terry earned a B.A. from Dartmouth College in 1964.

    He earned his J.D. from Duke University in 1967.

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    Lisa Koch Bryant

    Ms. Bryant has extensive commercial litigation and bankruptcy experience. Prior to entering private practice, Ms. Bryant served as head of litigation for the Federal Land Bank of Louisville.

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  2. Wm. Stephen Reisz

    Thomas graduated from the University of Louisville Business School with a B.A. in 1973

    Thomas earned his J.D. degree from the

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    Sandra F. Keene

    Sandra earned her Bachelor of Health Science degree, with Honors, from the University of Louisville in 1982.

    She earned her J.D. degree from the

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    Elizabeth M. Jenkins

    Colgate University, B.A., Political Science, magna cum laude, 1983

    University of Virginia, J.D., 1992

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    Edward L. Galloway

    Ed graduated from Indiana University in 1967 with a degree in history.

    After obtaining a master’s degree in political science from the University of

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    Thomas G. Karageorge

    Thomas graduated from the University of Louisville Business School with a B.A. in 1973

    Thomas earned his J.D. degree from the

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  3. Tacasha E. Thomas

    Tacasha attended Harvard University in Cambridge, Massachusetts during the summer of 2001, where she studied courses in law and psychology.

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    Ayala Golding

    Ayala received her J.D. in 1994 from the University of Louisville, Louis D. Brandeis School of Law, Louisville, Kentucky, where she was a member of the Brandeis Family Law Journal, and

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    Gwendolyn Chidester

    Gwen recently joined the Firm after being employed by notable Louisville companies for over 15 years in a variety of capacities including Corporate Counsel, Director of Human Resources, and Risk Manager.

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    William A. Buckaway, Jr.

    Bill earned his B.A. from Centre College in Kentucky in 1956.

    He earned his J.D. from the University of Louisville in 1961 where he was a

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    Terrell L. Black

    Terry earned a B.S. in Social Science from Campbellsville College in 1966.

    In 1969, he attended graduate school at Eastern Kentucky University focusing on

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    John A. Wilmes

    John was admitted to the Kentucky bar in 1977 and admitted to practice before the U.S. District Court, Western District of Kentucky in 1979.

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