Miller Family Law

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Announcements, Case Highlights, and Legal Guides

Case Highlights from Miller Family Law:

  1. Defeated a request for protective order against our client, an out-of-state defendant, where petition raised decades old claims of disputed past abuse and successfully argued petitioner did not satisfy the intent of the statute by failing to show a reasonable fear of abuse.
  2. Increased property settlement for our client by 80% through negotiations with opposing counsel after multiple attorneys refused to accept our client's case.
  3. Successfully defended against a temporary restraining order alleging drug abuse and neglect of an infant where evidence of a failed drug test and warrant for arrest against our client was presented.  Argued that such evidence does not support a showing of abuse or neglect of our client's infant.  The restraining order was denied.
  4. Successfully obtained a protective order and supervised parent-time (visitation) to protect our client's child against neglect of his father during his parent-time.
  5. Assisted client in successfully recalling criminal warrants.
  6. Successfully represented father in mediation and settlement of paternity rights, obtaining favorable custody, support, right of first refusal and decision making orders.

Blog Posts

Unmarried Parents

Parental rights are not always automatically recognized. Sometimes, you must ask the court to establish your rights. This guide lists some ways the parent-child relationship can be legally established if you are un unmarried parent.

Mother-child relationship:

The Mother-Child relationship can be established through the following means: 

(a) the woman's having given birth to the child, except as otherwise provided as part of a gestational agreement; 
(b) an adjudication of the woman's maternity; 
(c) adoption of the child by the woman; or
(d) an adjudication confirming the woman as a parent of a child born to a gestational mother if the agreement was validated or is enforceable under other law.

Father-child relationship:

The Father-Child relationship can be established through the following means: 

(a) an unrebutted presumption of the man's paternity of the child (for example, he and the mother of the child are married to each other and the child is born during the marriage or within 300 days after the marriage is terminated); 
(b) an effective declaration of paternity by the man, unless the declaration has been rescinded or successfully challenged; 
(c) an adjudication of the man's paternity; 
(d) adoption of the child by the man; 
(e) the man having consented to assisted reproduction by a woman, which resulted in the birth of the child; or
(f) an adjudication confirming the man as a parent of a child born to a gestational mother if the agreement was validated or is enforceable under other law.

Parental Rights

Without the establishment of the parent-child relationship, the duties and rights associated with that relationship do not exist, such as custody and visitation or child support.  

Once the parent-child relationship is established, the rules of custody and parent visitation apply no differently than if the couple were married. The standard used by the court for determining custody is called the "best interest of the child" and the factors the court considers are the needs of the child, the child's bond to the parents, and the parenting skills of the parties.