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  • Custody and Parenting Time

    Custody and Parenting Time
    2024/11/12
    Episode 4: In today’s episode, attorney George S. Lamb discusses the topics of custody and parenting time as it relates to family law in Kentucky. He begins by correcting a common misconception related to child custody. Let’s dive in to learn more. The Common Misconception Many people tend to think child custody refers to where the child lives. However, the law is focused on decision-making, when it addresses custody. It’s not about the number of overnights or physical custody of the child. The decision-making, according to the law, is focused on major issues rather than minor day-today issues. It’s referring to decisions involving medical issues, educational issues and issues related to the religious upbringing of the child or children. What Are the Two Types of Custody in Family Law? In Kentucky, there are two types of child custody. The first is joint custody, which is the default arrangement. The second is sole custody. The latter is actually an exception to the rule. Interestingly, the same rules apply regardless of whether the parents were married or not married. When it comes to child custody matters, the presumption is that parents will share joint custody of the child or children. What Would Prevent a Judge from Granting Joint Custody? George explains that a judge could decide that one of the parents is unfit. This could be related to a mental health issue, an addiction problem, or even a situation in which the parents absolutely can’t agree on anything related to the upbringing of the child. At some point, important decisions related to the three main issues will need to be made, on behalf of the child. If the parents aren’t able to work through the issues, a judge may need to rule on a petition designating a sole custodial parent. This is actually fairly rare. George explains that the default positions under Kentucky law include joint custody, equal decision-making and equal, shared parenting time (i.e. visitation). This is a relatively recent evolution in family law. In the past, the children usually lived with one parent and the other parent was awarded a night or two, during the week and may every other weekend. That was a typical arrangement. Now, however, the law strives to settle on equal parenting time. There are other factors beyond behavior that might prevent a judge from granting joint custody. They could include practical realities that exist in that particular family dynamic. For instance, what if the parents live too far away to make an exact division of parenting time workable? If the parents don’t live within a reasonable proximity, simply getting the child to school might not be feasible under a 50/50 parenting time arrangement. There are ways to resolve the parenting time issue, but the best interest of the child is a primary factor in the judge’s decision regarding parenting time issues. Is Custody Based on Financial Factors? Actually, the answer is no. George comments that family law is not a “pay to play” system. The law applies equally, regardless of financial status. Parents generally have a right to see their children and to be involved in their lives, unless the court deems that would not be in the best interest of the children. This is handle in a case by case basis. Parenting time is unrelated to a parent’s ability to pay child support. The court looks at all relevant factors. George mentions that there are a handful of factors to determine what is in the best interest of the child, as it relates to determining parenting time. For example, the court will consider the wishes of the parent. At the same time, if appropriate, the court can also take the wishes of the child into consideration. This refers to an age-appropriate and/or capacity-related ability of the child to voice an opinion on the matter. For instance, how has the child adjusted to where he/she lives? Where do they go to school? How are they rooted in their community? The mental and physical health of the child and/or come into play. Relationships Can Factor into the Decision What is the relationship between the child and each parent? What is the relationship between the child and his/her siblings? Is there a history of domestic violence? Is there a history of substance abuse? Which environment is the most stable for the child? What environment is the most safe? Educational Factors Jefferson County is a relatively large area. Once the child begins grade school, he/she can only attend one school. If the parents to not live near each other, how would the child get to school? The answer to this question could affect parenting time and child custody. Remember, education is a custodial decision. Creative Solutions Can Work The court will consider allowing the parents to work out a creative solution regarding parenting time. For instance, they might agree to have the child stay one week with ...
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    17 分
  • Divorce Planning

    Divorce Planning
    2024/10/29
    Episode 3: In today’s episode, George discusses the concept of divorce planning. If you have the time to begin thinking through specific issues, you’ll be much better prepared. Obviously, depending upon the circumstances, this isn’t always possible. However, this discussion might highlight a few issues you should consider. George is a family law attorney primarily practicing in Jefferson County and the surrounding counties. What’s Your Scenario? Generally, there are 3 scenarios leading up to a divorce petition: 1) You’re getting ready to file, 2) Your spouse has already filed, or 3) Both of you realize it’s not working out. The issues involved would still be the same. George often asks about the catalyst for the decision. Has the couple exhausted the other options such as counseling or therapy? These are personal decisions, because in Kentucky it only takes one person to file for a divorce. He advises that you should consider the emotional impact of the decision. How is it going to impact you and/or your spouse? There’s balance to the decision. Then, there’s the consideration of how it’s going to affect others including your children and extended family members. When Is It Time for a Lawyer? It depends on a couple of factors. If you know this is where it’s going, it’s better to engage an attorney as early as possible in the process. If you were surprised by your spouse’s decision, they probably already have an attorney and you should move quickly to retain counsel. You’re going to need someone to advocate on your behalf and to guide you through the process, itself. Can We Have the Same Lawyer? In George’s opinion, this doesn’t usually work. Normally, the attorney would only represent one party. The other party may decide not to hire an attorney, but that’s not very common. Divorce is an adversarial process, so George has a duty to represent his client. Even if the divorce is uncontested, George would still only represent one person. Ideally, the couple would agree on as many of the details as possible, but those informal agreements don’t always remain intact, as the divorce process moves forward. Unfortunately, individuals may not fully understand their legal rights or legal responsibilities while making those agreements. It’s true that having a framework is a good idea, but you should expect your attorney to guide you through the divorce process. What Do We Do about the Kids? This is a common question George hears during the divorce planning stage. He usually responds, “You handle them delicately.” It’s important to effectively manage what the information the kids get, what they see, what they hear, etc. The information or answers to questions should be age-appropriate. Take into account the relationship dynamic each child has with his/her siblings and each of the parents. As best as possible, you should shield them from the reality of what’s happening. George advises that while you do have a responsibility to be honest with your child/children, you should strive to be age-appropriate in your conversations with them. They are caught in the middle, but they don’t have to know every detail. There are adult matters and kid matters. Be judicious in an effort to protect them. Dealing with Finances You need to begin thinking about the financial impact. Begin with food and shelter. While you were together, there may have been two incomes. Going forward, you have only your income. How are you going to make that work? What might you need to make it work if the incomes are significantly different? The value of engaging in divorce planning with your attorney is that he/she can help you to set realistic expectations, based on the law. You need to begin working through the issues, because in all reality, you may not get everything you want. There’s a balance that needs to be struck. George explains it’s important to look at your assets and liabilities from a macro-level. Is real estate involved? How much money is in the bank accounts? Are there retirement accounts? What debts do you and your spouse currently have? Do specific assets or liabilities belong to entirely to one individual (i.e. non-marital)? Now consider child support. How much will most-likely be paid and by whom? Will there be maintenance (“alimony”) paid and by whom? You need to begin gathering financial documentation. Are you the person in the marriage who handles the checkbook? It may be easier for you to get an accurate read on the current bills and balances. Do you know where the accounts are and do you have the passwords required to access them? At some point, you’re going to need this information for all of your assets and liabilities. You’re going to have some level of rights and responsibilities based on the financial information. You may also want to gain access to the financial ...
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    20 分
  • Overview of Family Law in Kentucky

    Overview of Family Law in Kentucky
    2024/10/15
    Episode 2: Welcome to the, “Is It Time for a Lawyer?” podcast, with attorney George S. Lamb. In today’s episode, George provides an overview of family law in Kentucky courts. He practices primarily in Jefferson County and the surrounding counties. What Is Family Law? George has handled family law cases for the past 15 years. He begins by explaining that it’s a wide range of legal issues, beyond simply divorce. Family law can involve both married people and unmarried people. While both groups may not deal directly with a divorce proceeding, if children are involved, family law would govern child custody, child support, but not necessarily the property division issues a married couple would need to consider. Included in family law, you’ll have divorce cases, child custody cases, issues dealing with paternity, domestic violence cases which might involve an EPO, DVO or an IPO. It may involve Child Protective Service (CPS) matters. Family law also involves maintenance that may be paid to the former spouse. Mediation could apply to both married couples and unmarried couples. Child Custody Issues The divorce sub-section of family law would include child custody. George explains the common misconception that child custody means “where my kid sleeps.” In reality, in Kentucky, it actually refers to decision-making. There are 3 major decisions that will typically have to be made relative to the upbringing of the child or children: · - Education · - Healthcare decisions · - Religious upbringing George points out that the above 3 decisions really don’t involve where the child sleeps at night. The presumption is that as a parent, you’re a joint custodian. The law presumes you’re both fit to be parents, therefore joint decision-making is the default. It’s possible for one person to attempt to prove the other person is unfit to be a custodial parent. The court also presumes parenting time (“visitation”) will also be 50/50. This presumption reflects current society. Child Support Calculations Child Support this financial issue is calculated by guidelines in state law. Various factors, including the incomes of both parents, the cost of health insurance, child care expenses, uncovered medical expenses, the cost of extracurricular activities and issues impact child support. The law provides a guideline, but the actual amount paid by one parent to the other may deviate from the guideline, if agreed upon in the settlement. Division of Property Family law often involves property division, assuming the couple was married and they accumulated property during the marriage. This can be furniture, vehicles, real estate and other items. It includes financial assets and liabilities. The court will attempt to reach an equitable distribution of the property. George explains that it’s not just a matter of splitting things down the middle. Is there debt associated with a particular item (i.e. a car loan or mortgage)? This debt needs to be taken into consideration during the division of property. Certain property may have been owned by an individual before the marriage, and therefore, may not be considered part of the marital estate. This could also include an inheritance or a gift given exclusively to one of the individuals. Sometimes, these items might need to be included in the marital estate. A skilled, experienced Louisville family law attorney can help you to establish think through property division issues, including the calculations needed to value the specific items to be negotiated. Kentucky law actually contains statutes pertaining to those calculations and the division of property. Tax consequences also need to be considered. Certain items (including the payments for those items) my come with tax deductions, tax liabilities or other issues that should be included in the equitably division of property. If the couple has young children, the impact of family decisions will continue to affect both parties, long after the divorce, itself. Focusing on the Future Once the divorce decree is entered, at some point in the future, the terms of the divorce settlement can be modified. This is referred to legally as a post-decree modification. The circumstances are going to change over the years, as the children grow older, jobs change, incomes change and other factors evolve. The original divorce decree may need to be altered by one of the parties. You, or your former spouse can petition the court to change the terms of the decree to adapt to the new circumstances. Unmarried people may decide to petition the court for a change in child support. They would use the same legal process. Once one party files the petition either for the divorce or a modification, the other party will respond and there will be an exchange of financial information as part of the financial disclosure. Generally, mediation...
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    20 分
  • Meet Attorney George S. Lamb

    Meet Attorney George S. Lamb
    2024/10/01
    Episode 1: Welcome to the first episode of the, “Is It Time for a Lawyer?” podcast, with attorney George S. Lamb. As we launch the podcast, we decided it would be beneficial to introduce the listeners to George and his legal practice, in Louisville, Kentucky. Meet George S. Lamb George actually has a business background. This experience continues to have an influence on how he practices law and on his interactions with his clients. George has a business degree from the University of Kentucky. He began his career in international shipping, which can be both chaotic and challenging. He started in Charlotte and later moved to Cincinnati. George made the decision to go to law school, full-time. This brought him back to Louisville. He’s married with two children (one in college and the other in high school). The benefit of his business experience is noticeable in how looks at situations, analyzes the various issues and works to achieve efficient outcomes for his clients. George Handles Various Types of Cases Primarily, George handles cases involving family law issues. He also has significant experience with personal injury cases and Kentucky workers’ compensation claim. George devotes a portion of his practice to probate law and related matters. He can also handle some criminal issues, such as a DUI charge. In family law, divorce cases typically also include child custody and visitation, child support, mediation and other matters. From time to time, this could mean George assists his clients with domestic violence situations (EPO, DVO or IPO). George’s personal injury practice typically involves automobile accident cases, work injuries, slip and fall cases, premises liability cases and dog bite claims. In the area of Probate, George often assists with opening an estate for someone who is recently deceased. If the person died with a Will, he/she is considered “testate.” If there is no Will, that person is considered “intestate.” There’s a process for handling the estate, depending on which type of situation is being handled. He often works with clients to need him to draft a Will or Living Will. Properly crafting Power of Attorney (POA) documents is often an additional service client ask him to perform. Focused on His Clients George believes an important part of the relationship with a client means he needs to be accessible to them. He understands the need to be efficient with his clients’ money. That, again, is part of his business background. He appreciated the fact that legal fees can be expensive, so he maintains a focus on both efficiency and effectiveness. George is part of a family firm, Lamb & Lamb, PSC. He works with his father and his uncle. The firm was created in the early 1980s. While there is some level of overlap in the practice areas each attorney handles, they also have other areas. For instance, his uncle (Douglas Lamb) handles social security disability claims. His father (Eric Lamb) works on issues involving first-party contract case and insurance-related case. While not every legal matter has a domino effect on everything else, as a practical matter, circumstances often inter-relate. This is how or why one type of case might eventually include other types of claims, as it evolves. George uses the example of a motor vehicle accident occurring while you’re at work. There could be a third-party claim against the other driver and a workers’ comp claim related to the same accident. Using another example, it’s possible that an attorney is representing a client who suddenly passes away. He stresses that a good attorney is both cognizant and nimble, enabling him/her to address the needs as they develop. From a client’s perspective, it’s often more convenient to work with the same attorney or firm if the situation requires representation beyond the core issue. That level of trust and familiarity is already established and the attorney may have insights into the overall situation. This can be financially advantageous for the client. It may be possible to avoid paying for another attorney to get up to speed, by simply continuing to work with the attorney you hired from the outset. How George Approaches the Attorney-Client Relationship At some point, someone is wondering, “Is it time for a lawyer?” Maybe is a course of action they’ve decided to pursue. Maybe a spouse filed for a divorce. It could be a car wreck that happened while that person was on the way to work. George strives to be as accessible and as efficient as possible when it comes to communicating with his clients. He appreciates the time and energy going through a legal matter requires of that client. It’s often a stressful situation. George wants to help them to achieve realistic goals, based on the circumstances presented. Interestingly, George views his role as someone who tells the client what he/she needs...
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    18 分
  • New Podcast Launching in 1 Week

    New Podcast Launching in 1 Week
    2024/09/24

    Hi, I’m attorney George Lamb. I have over 15 years of experience in Louisville and the surrounding counties. I’m launching the “Is It Time for a Lawyer?” podcast on October 1st.

    I’ll discuss topics such as:

    · Divorce and Family Law

    · Personal Injury and Workers’ Compensation, and

    · Will Preparation, Probate Matters and Related Documents

    I’ll be sharing insights which may be helpful to you, if you’re dealing with any of these issues.

    My approach is to help guide people through their legal situations; some being simple, while others are more complex.

    Either way, I hope you’ll join me on October 1st, for Episode 1.

    You’ll be able to listen on Facebook, Spotify, iHeartRadio, Apple Podcasts, Amazon Music or where ever you find your favorite podcasts.

    So, check out the “Is It Time for a Lawyer?” podcast with me, George Lamb!

    Thanks for listening.

    Principal Office 4310 Robards Ln, Louisville, KY 40218
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    1 分
  • George S. Lamb is Launching a Podcast

    George S. Lamb is Launching a Podcast
    2024/09/17

    Is It Time for a Lawyer? How you answer that question is important. That's why we're excited about the upcoming launch of a new podcast by attorney George Lamb, on Tuesday, October 1st, 2024.

    George will share his legal perspectives on topics such as Family Law and Divorce, Car Wrecks and Injury cases, as well as Probate Issues (including Wills and other important documents).

    If you're thinking about your next steps, listen to the Is It Time for a Lawyer Podcast, with attorney George Lamb on Spotify, Apple Podcasts, iHeartRadio and more.

    Episode 1 launches on October 1st. Check it out!

    Principal Office: 4310 Robards Ln, Louisville, KY 40218
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    1 分