When Custody And Property Rights Collide
When a couple with children divorces, issues of custody and visitation always arise. Part of reaching a decision about the kids is figuring out who makes important decisions regarding important issues, such as medical treatment and child care. And of course one of the most difficult decisions, that no parent should ever face, is how to pay last respects to a child when that child predeceases the parent. When the parents are divorced, this unimaginably hard time can be made even more so if the parties are unable to reach an agreement on final arrangements.
A case that highlights the legal complexities of dealing with property rights and children in a divorce was reported by the local news:
● Four years ago, Scott Wilson’s life was cut tragically short.
● Wilson was the victim of a drunk driver, and his remains were cremated by his divorced parents.
● Wilson’s parents are involved in complex and emotionally devastating litigation over what to do with their son’s ashes.
● The legal issue causing the dispute centers around how to classify the ashes of Mr. Wilson, and the Court has decided that the ashes are considered property.
In cases where the parents are divorced, division of property is an issue that is generally resolved in the divorce decree. But in this case, the facts are admittedly tragic, but also legally unique. Of course the goal is to provide closure to the family, and allow the parents to grieve the loss of their son. But first, the attorneys will have to engage in legal gymnastics of Olympic proportion. The result of this case can have wide sweeping effects not only on family law matters, but on property issues. The talented team of attorneys at the Ferraro Law Group follow the legal trends and are ready to help with your unique set of facts too. Every case is different, and to us that means giving each case individual attention.
If you have questions about a family law matter, call to schedule an appointment with one of our staff of competent family law attorneys in Stuart and the Treasure Coast.