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When does taking a child become parental kidnapping?

It is common for parents to disagree strongly about where a child should be or what they should do. When parents are married, courts generally don't get involved in these disagreements unless a particular course of action poses a threat to the safety of the child. However, when parents are divorced and must abide by a custody order, the court is much more likely to get involved.

Parental kidnapping is an extreme form of parenting time interference -- one that may result in criminal charges and even jail time if the violation is sufficiently severe. If one parent has a court-ordered right to spend time with their child at a certain day and time, and the other parent prevents them from doing so, this generally constitutes direct interference, but not necessarily kidnapping.

Bankruptcy options for small businesses

For many entrepreneurs, the thought of starting a business in Louisville is fun and exciting. Many of them do not realize how important it is to plan carefully and have a sound business plan in place. If you are the owner of a recent startup or intend to open a small business, you must plan for the possibility of bankruptcy. 

There are three types of bankruptcy for business owners to file: Chapter 7, 11 and 13. Your company’s tax structure determines which protections it can benefit from. Sole proprietors can utilize all three types of bankruptcies. Chapters 7 and 11 are most suitable for corporations and partnerships. The business world is tough and highly competitive. Many small businesses go belly up within the first few years. To circumvent many of the financial and operational challenges your venture might encounter, review the following information on small business bankruptcies

Dissolve your partnership fairly the first time

When a business partnership reaches the end of the road, it is not always easy to know how to part ways fairly with finality. Sometimes, this is because partnerships are very simple to establish legally and in some cases do not even require a written partnership agreement of any kind to exist. In other cases, partners may have disagreements about how to resolve outstanding accounts or fairly divide the partnership's leftover assets.

If you face the task of ending a partnership, you want to make sure that you perform the due diligence necessary to protect yourself from future complications. Just as in divorce, you don't want any lingering attachments between you and your partner. That way, each of you is free to make a clean break and start fresh.

Avoid commingling nonmarital assets

Once you and your spouse get married, the law takes your legal relationship very seriously, especially when it comes to property. In the absence of a prenuptial agreement, most property that either of you owns becomes marital property, which you now both own as a married couple. While you may both still buy vehicles or homes individually to take advantage of one spouse's income or credit rating, the law does not recognize this distinction as clearly as a lender might.

In fact, if you choose to commingle your assets, even property that might otherwise remain separate can become marital property. One of the most common ways this can grow complicated is when it involves an inheritance. In many instances, inheritance does not count as marital property automatically. However, if the inheritance commingles with other assets, it grows very difficult to distinguish them from each other.

Which spouse keeps the house in divorce?

Determining how to approach property division in divorce is rarely simple, especially when it comes to deciding which spouse (if either) keeps a marital home in the split. Homes count as marital property just as a savings account or any other asset that a couple might acquire while married, but it is not always easy to split the value of a home between the spouses, particularly when the family home is the largest single asset that a couple has.

There are no clearly defined rules about which spouse keeps a home in divorce, but there are some guidelines you can use to assess whether you or your spouse is most likely to keep the home.

Hidden cryptocurrency still counts as a marital asset

When divorce comes knocking at the door, spouses tend to think in terms of their own survival and long-term well-being rather than focusing on treating each other fairly or even within the bounds of the law. For many spouses, the process of divorce has a way of bringing out the worst, especially when it comes to property division.

Of course, hiding any kind of assets during property division in divorce is both unethical and illegal, but that doesn't seem to deter thousands of spouses from doing it anyway. The easier it is to hide an asset, the more likely a spouse is to try to hide it and keep it for themselves after the dust of divorce settles.

Can you have several businesses under one LLC?

Starting just one successful business is a huge achievement. Many entrepreneurs want to strike while the iron is hot and establish a second company. However, it is important for all business owners to understand how to properly structure this new entity. While it is certainly possible to establish more than one company under a single LLC, most entrepreneurs will be better off creating a separate LLC for each unique company.

Many business owners find it tempting to have multiple businesses under one umbrella. While some can pull it off, it is generally inadvisable. Here are a few points to keep in mind as you weigh all your options:

Always look at zoning before you sign a commercial lease

Leasing a space for a commercial venture is only one aspect of an enormously complex process -- one where many things can go wrong before you even open the door for business. One of the most common complications that businesses run into with commercial leases is the matter of zoning restrictions. Failing to understand how zoning impacts your business may mean the difference between the perfect location and a total lemon.

Zoning regulations restrict or allow certain kinds of uses for different properties depending on where they are located. This is why it is usually uncommon to see a storefront in a residential neighborhood. However, zoning is often very, very specific. Therefore, just because a property is in a business-supporting zone, that doesn't mean it is a good fit for your needs.

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.

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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