Showing posts with label litigation. Show all posts
Showing posts with label litigation. Show all posts

Friday, December 4, 2015

Real Estate Attorneys

Do I Need a Lawyer When Buying or Selling a Home?


When it comes to buying, selling, and transferring properties, most people think of Realtors, rather than attorneys.  However, failing to hire an attorney for your real estate dealings can be a huge mistake.  There are good reasons to hire an attorney for real estate transactions.

What do Real Estate Attorneys DO?


1. Contracts and Negotiations


When a potential buyer makes an offer to purchase a property, what usually happens next is a contract.  Many realtors have standard purchase contracts, and many sellers and buyers choose to use those boilerplate contracts, figuring they will save a couple of hundred dollars.  Savvy buyers and sellers, however, have their own lawyers draw up the purchase agreement.  Many times, an offer is made with several contingencies.  As either the buyer or the seller, you need to ensure these contingencies are appropriate.  You also need to negotiate the purchase price for the home.  An attorney is a skilled negotiator with his client's best interests driving the deal.  Conversely, a realtor just wants his/her commission with the least amount of work.  Generally, as a buyer, you will recoup your attorney fees in price negotiations.  As a seller, an attorney will help ensure you do not lose money by having potential buyers back out of a sale.  Your attorney will negotiate the type of contingencies the offer is dependent on as well.  If you are involved in any type of "bidding war," your attorney can help you determine when it is time to back away.

Even if you DO choose to use the Realtor's standard contract, an attorney can help you review and understand the contract BEFORE you sign it.  Often, a lawyer will help you modify this standard contract to better benefit you.

2.  Title Searches


Before a sale can commence, a buyer needs to be sure the seller actually has the right to sell the property.  Buyers also need to ensure the property is free from liens, judgments, and other encumbrances. Title searches are performed by attorneys. Again, many realtors offer to handle the title search, but it won't necessarily cost any less.  And should the title search find any liabilities, an attorney can negotiate to clear these.  He can provide documentation to the loan companies (which require clear titles) that the title has been cleared.  And he can negotiate the costs of obtaining clear title into the overall purchase price.

3. Property Research


Often times, a buyer has potential uses in mind for a purchased property.  Your attorney can research the property to see if it is appropriate for your intended use.  Can you subdivide a unit into a 2 family home?  Can you establish a home office?  Are there any zoning or licensing requirements?  What type of renovations does the current building code allow? Were there any unpermitted renovations that may come back to haunt you in the future?  A real estate attorney can research all of these issues for you BEFORE you enter into property negotiations.

Again, many people rely on their realtor for these types of questions.  However, realtors are not always honest or accurate in their answers.  A realtor is not bound by the same ethical code as an attorney, and there are few consequences for a realtor giving inaccurate zoning information to a prospective buyer.  It is far better to ask your Real Estate Lawyer to research these types of things while he is reviewing the other documents.

4. Document Preparation and Property Transfers


A Real Estate Attorney can draft and/or review all documents associated with a sale or purchase.  S/he can prepare "rent-to-own" agreements.  Your lawyer can prepare all paperwork necessary to complete the sale, including deed transfers, purchase contracts, financial agreements, etc.  An attorney can review all loan documents. These days, much investment property is owned by an LLC. Your attorney can help you form the LLC, as well as transfer properties to its ownership.  An attorney can also prepare and review leases, security deposit restrictions, property management contracts, etc. for your investment properties.  And, of course, s/he can help you with all of the paperwork associated with investment properties, including tax and licensing paperwork.

5. Filings and Document Recording


Almost all paperwork associated with real estate needs to be filed with the local courts.  And of course, your attorney will ensure all paperwork is filed and recorded in a timely manner.  An attorney is crucial in helping navigate the "who, what, where, and when" of property paperwork.

6. Litigation


Buyers and sellers always hope their property transactions go smoothly, but alas, this is  not always the case.  Often, issues crop us well after the closing date.  Should this occur with your transaction, you will be glad you worked with an attorney throughout the process.

Often, issues crop up around "defects' discovered well after the sale.  Sellers are legally bound to disclose "known defects," and Home Inspections are often performed to uncover defects not disclosed by the sellers.  Despite these precautions, sellers can find themselves in court, with buyers claiming unknown defects were actually known.  Many times, having had the same attorney handle the transaction from start to finish can prevent such issues from turning into litigation.  And of course, the costs will be lower as your attorney is already familiar with the intricacies of the case.


What Can Happen if I Don't Hire an Attorney?


There is no law that says you HAVE to hire your own attorney.  Many people decide to just work with a realtor, and in many states, a realtor cannot act as both the buyer's and the seller's agent.  This is purportedly to eliminate a conflict of interest and to ensure the transaction is in the best interest of both parties.  But the bottom line is most realtors are only interested in their bottom line.  If you don't hire an attorney, you may experience one or more of the following issues.

  • You may not get the best price for your property.  That applies whether you are the buyer or the seller.
  • You  may not understand all of the contingencies that may make the deal fall through.
  • As a seller, you may fail to make disclosures; this could result in post-sale issues and even litigation.
  • As a buyer, you may not receive all the disclosures to which you are entitled.
  • The property may not be transferred correctly.
  • The sale may not be recorded correctly.
  • You may not be able to get licenses or permits to renovate and/or use the property the way you desire.
  • You may end up with unexpected financial obligations, including tax liabilities, repair costs, etc.
  • Your contracts and negotiations may not be in your best interests and may actually favor the other party.


Should I hire an Attorney for my Real Estate Deal?


Here at the Law Offices of Heath D Harte, we feel strongly that BOTH parties should retain counsel for all real estate transactions.  Most times, your lawyer pays for itself in terms of saving time and money.  It minimizes the stress associated with buying and selling property, and it ensures your interests are protected throughout the process and for years to come.

We encourage our own clients to engage us with every step in the process.  We want to help you with making or accepting an offer, all the way through closing and recording the documents.  For most of our clients, real estate is one of the largest purchases of their lives, and we want to help make it one of the most positive ones too.  We want to help you with every step of the process to ensure no detail is overlooked.

Our advice is to never be "penny wise but pound foolish." and failing to work with an attorney can result in just that.  In our opinion, the document and filing maze is justification for attorney involvement in and of itself.  We have seen many buyers and sellers get taken advantage of, and we are expanding our real estate practice in part, to help stop that.

Having legal counsel through an arduous process like this just makes sense.  We suggest you retain counsel to protect your interests and to ensure everything is handled according to state and local regulations.

So yes.  The bottom line is you really SHOULD hire an attorney to help with any and all real estate transactions.

Friday, August 21, 2015

Silly Connecticut Laws

Connecticut's Strange Laws


Every State has a few archaic laws, and Connecticut is no exception. Silly laws exist, both on a State level and in individual towns. Here are a few of Connecticut's stranger laws.

State Laws:

  1. It's illegal to throw away used razor blades.
  2. It is illegal to bike over 65 mph.
  3. Town records cannot be kept where liquor is sold.
  4. It's illegal to buy alcohol after 8 pm or on Sundays.
    (Amended so that you now can buy liquor on Sundays between the hours of 10 am and 5 pm.)
  5. You may not use a White Cane unless you are legally Blind.
  6. It's illegal to hunt or discharge a firearm from a Public Highway.
  7. It's illegal for a pickle not to bounce.

City Laws

  1. It's illegal to cross a street while walking on your hands (Hartford.)
  2. It's illegal to walk backwards after Sunset (Devon.)
  3. A Fire Truck may not exceed 25 mph, even when going to a fire (Guildford.)
  4. Silly String is banned (Southington.)
  5. Only white Christmas lights are allowed (Guildford.)
  6. It's illegal for a barber or beautician to sing, whistle, or hum while working on a customer (Waterbury.)
  7. A man cannot kiss his wife on Sunday (Hartford.)
  8. It's illegal to educate dogs (Hartford.)
  9. An arcade cannot have more than 4 amusement devices and must be licensed (Rocky Hill.)
Here at the Law Offices of Heath D Harte, we believe in a strong defense, especially when it comes to silly laws like these. If you are arrested for violating any of these laws, we will help you get your case thrown out.

Thursday, August 13, 2015

Preparing Your Appearance For Court

Preparing Your Appearance For Court 

Playing To Win In Court In New York And Connecticut 


If you must appear to face criminal or motor vehicle charges in Superior Court or Juvenile Court in New York or Connecticut, the outcome of those court proceedings is very important to you. Your freedom and your future may be at stake. If convicted, you may face fines, jail time, revocation or suspension of your right to operate a motor vehicle, and a criminal or motor vehicle record. A criminal record will make it more difficult for you to be admitted to college, get a student loan, rent an apartment, find a job or enter the military. A serious motor vehicle record may result in the revocation or suspension of your right to operate a motor vehicle and increased motor vehicle insurance rates. Your appearance in court is serious business and you need to appear serious in court if you want to improve your chances for a favorable result.

You Only Have One Chance To Make A Good First Impression 


 The prosecutor, judge and jury, if you are at trial, will get their first impressions of you based on how you look; that is, how they see you dress and how they see you behave. A favorable first impression is invaluable. It influences how the prosecutor, the judge or the jury will like you, whether they will believe you and whether they will want to help you. You will be much better served if they like you, want to believe you and want to help you from the first time they see you. It will be much harder to get what you want if they don't like you and don't want to help you because you made a bad first impression. So, when you get ready for court in the morning:

  • Wash up and pay attention to your personal hygiene and clothing. 
  • Wear nice, clean, presentable and conservative clothes.


 For men this means a clean shirt with a collar (preferably light blue in color), clean pants without holes (jeans are OK but khakis without cargo pockets are better; pants should be worn at the waist, not below the hips) and clean shoes (sneakers are OK but dress shoes are better). Men don't need to wear ties, sport jackets or suits. For women this means a conservatively modest dress or blouse and skirt or pants (jeans are OK but slacks are better), clean shoes or sandals. Spending a few dollars to improve your wardrobe for court, even at a thrift store, may prove to be a very worthwhile investment in your future, so please consider it seriously.


  • No clothing that reveals your midriff or your undergarments. 
  • No bling showing! You can wear modest jewelry. 
  • No heavy perfume, cologne or make-up. 
  • No tattoos showing! If you have tattoos, cover them. When you are driving to court, parking your car, walking into the courthouse, waiting in the courthouse lobby or courtroom, talking to courthouse staff or anyone else in the courthouse: Be polite, respectful and courteous. Try not to offend anybody with loud talk or rambunctious behavior. 
  • Turn off your cellphone and put away your MP3 player or iPod. 
  • Be careful who you speak to and what you say, as you do not know who may be listening and you can safely assume that no conversation is private. It is important you watch what you say in the restroom, the hallway and in the courtroom itself, as you are under constant scrutiny. 


Thursday, August 6, 2015

The Top 10 Biggest Mistakes In Injury Claims

Common Mistakes in Personal Injury Cases?


Not calling the police: 


If you do not call the police, there is no formal investigation of the accident. This applies especially to car accident claims. If the negligent party or driver denies liability later on, you may have a difficult time proving your case. By calling the police, an officer will interview all involved parties and witnesses, record their contact information, and write a ticket to the party at fault in car accident cases. 

Not getting witness contact information: 


Injury victims often fail to obtain the contact information of witnesses at the scene of the accident. If the witnesses choose to stay and speak to police, this is not a problem; however, witnesses often only stop long enough to make sure everyone is okay and then leave before the police arrive. The scene of the accident may be your only opportunity to get the contact information for any witnesses. Without this information, an insurance adjuster may deny liability and refuse to pay anything to you as an unrepresented injury claimant. 

Not fixing the property damage: 


Accepting and cashing a property damage check without first fixing the damages is another common mistake. The amount offered may end up being less than the amount it takes to fix the damage. Additionally, adjusters often send a check for less than the actual cost of the repairs and hope that you will decide not to repair the property. They can then argue that you were not really hurt and pay you little or nothing for your personal injury claim. 

Giving recorded statements without hiring an attorney: 


Allowing an adjuster to take a recorded statement without the protection and guidance of legal representation can result in serious problems. An adjuster can easily misconstrue your answers in a way that makes it appear as though you were not really hurt in the accident, or that you were partly or wholly liable for its cause. An adjustor's job is to save the insurance company money and he or she will do anything he or she can to do so. 

Signing releases: 


Injured accident victims often sign releases for property damage, only to find out that it was actually a general release that settles any and all claims. After signing such a release, a personal injury claim is no longer possible. Do not sign anything without consulting an excellent injury lawyer. 

Trying to negotiate your claim without a lawyer: 


It may not be a requirement to be represented in a personal injury claim, but that does not make it any less necessary. Insurance adjusters often set the reserves (the value of the case) much lower when a victim is not represented. Verbal settlements are enforceable in Connecticut and New York, and self-represented injury claimants often "settle" their claims verbally on accident, without really intending to settle it. Hiring an experienced personal injury lawyer can prevent this. 

Not using Med Pay: 


Med Pay is health insurance coverage for anyone in your car who is hurt in a car accident, or for you if you were hurt while a passenger is someone else's car. This insurance pays for your medical treatment with any doctor without co-pays or deductible. The amount of your coverage depends on how much you purchased in your policy. 

Not using health insurance: 


This is a mistake since many hospitals and doctors require payment soon after medical treatment is provided. If you do not pay it, the bill is often turned over to collections. Using health insurance, you will pay for your treatment as you go. This can greatly increase the total amount you will net out of your personal injury settlement. Good personal injury attorneys can often negotiate away or negotiate huge reductions in any health insurance subrogation claims. 


Not using uninsured motorist coverage: 


Uninsured Motorist (UM) coverage and Underinsured Motorist (UIM) coverage protect individuals who are hit by motorists with little to no insurance of their own. Any remaining balance after the liable party's insurance runs out will then be covered by your own insurance. Normally, your rates do not rise when you use UM or UIM coverage. You must have this coverage under your insurance policy, however, in order to obtain coverage for your damages. 

Not getting medical treatment: 


Just because you do not have health insurance does not mean that you shouldn't get medical treatment. If you do not get treated, an insurance adjuster may argue that you were not really injured and deny you coverage. Good personal injury attorneys can get you to doctors who treat on a lien. They can also get you pain management and surgeries using medical funding companies. It is also important to avoid long gaps in treatment, once more to prevent adjusters from claiming that your injuries are nonexistent or less severe than they truly are. 


Other mistakes:


Not consulting with a Lawyer:

One of the biggest mistakes you can make is trying to handle a personal injury claim on your own.  Most likely, your award will be far less than you deserve. This applies in ALL injury cases, including auto accidents, negligence claims, slip and falls, etc.   You may miss an important mistake in the claims process and end up not getting anything at all.  A skilled attorney can ease the process, lessen your stress, and maximize your awards.

Not filing in a timely manner.  

Injury claims have strict statutes of limitations.  You MUST ensure your claim is filed within the 2 year period allotted.  If you do not file EVERYTHING in a timely manner, your claim will be denied.


Consult With A Personal Injury Attorney Near You


A good attorney wants to help you win a full recovery of your personal injury damages. However, any lawyer can more easily fight for you if you do not make these mistakes when the incident occurs. An attorney can still help you, even if you have made some of these mistakes, but it is likely that any award may be smaller.  It is best to be proactive and learn not to make these mistakes before you are injured.

Of course, here at the Law Offices of Heath D. Harte, we have decades of experience.  We will skillfully assist you in avoiding these common mistakes. And we will help mitigate the damages caused if you have made any of these mistakes. We treat each client as part of the family and will support and guide you through each step of your injury claim.  

If you are in the New York or Connecticut area, we can help you with your injury claim.  Contact us now to schedule your free consultation and speak with a lawyer. You only have two years to file a personal injury claim under the statute of limitations, so contact our firm right away!

Thursday, July 23, 2015

Child Custody: Does it Mean Litigation?

Child Custody: Does it Mean Litigation?



When the word “custody” is mentioned, people picture a projected legal battle.  They picture long days in court, full of airing one's dirty laundry in public.  Custody issues can get messy, but they don't necessarily mean long days before a judge.  Today, most custody issues are hammered out in negotiations.  This is true for both married parents and non-married parents alike.

The first step in gaining custody is to ask for it.  If the parents are married, that step is a part of divorce proceedings.  If the parents are not married, the father may have to file to establish paternity.  This may involve a Court Order, but it does not have to.  In most cases, establishing paternity is mediated through the lawyers.  If the mother is married to someone else, things get a little more difficult.  In most States, if a woman is married, her spouse is legally presumed to be the Father.  Because of adultery laws are still on the books in many states, many women will fight having a man she is not married to being declared the father.  That does not mean the fight for father's rights is automatically lost.  However, there is a greater likelihood of needing court intervention to order a paternity test.

Over the years, mothers have been more likely to ask for primary custody, but that too is changing.  Today, custody is being awarded to the father in more and more cases, regardless of whether the parents were married at the time the child was conceived.  Men are fighting their Baby Mamas for custody and are winning.  In fact, the courts are looking at things like financial and emotional stability over sex of the parent.
Ideally, the lawyers battle in their offices so that the issues are settled before things ever reach the courts.  Family Court should be a LAST resort, only after discussions between the parents have failed.  In fact, the great custody myth is that the majority of cases are battled out in Family Court.  That is not the case.

According to DivorcePeers.com () most custody is decided through negotiations:
  • 51% agreed on their own
  • 29% settled without third party involvement
  • 11% decided during mediation
  • 5% resolved differences after a custody evaluation
  • 4% went to trial (of the 4% that initiated litigation, only 1.5% actually completed it)
So what is the likelihood YOUR custody battle will involve litigation?  How able are you to communicate with your co-parent?  Do both parents want sole custody, or do they want co-parenting?  Does the other parent have issues that could potentially endanger your child?  Will the parents reside near one another, or will they be separated by distance?  How reasonable is your co-parent?  Even if the two of you cannot communicate, can you do so through third-parties?

The fewer of these issues that apply to you, the less likely you will need a court to decide them.  If custody is fairly straightforward, the courts will not be involved at all.  And if you can work the issues out between your attorneys, you will not need to litigate.

This is where finding the right attorney can be key.  Your lawyer needs to understand all of the issues, as well as your desires.  S/he needs to be skilled at looking at ALL the problem areas and advising you accordingly.  S/he needs to be able to help you get past your stubbornness and anger.  S/he needs to help you stand strong on the big points and compromise on others.

Of course, any time there are unacknowledged endangerment issues, the likelihood of court involvement is greater.  The more severe these issues, the greater chance the offender will concede before you get to court.  The goal is to work everything out, so that you just present an agreement for the court to ratify.  And the more reasonable you are throughout the settlement process, the greater the chance you will prevail on the issues that need court intervention to settle.  And if you have trouble being reasonable, make sure your attorney can be for you.

So does custody necessarily mean a huge court fight?  The answer is no, it does not.  Most of the battle is fought in the lawyer's offices.  But the first step is telling your attorney to fight.  The second step is being willing and able to compromise along the way.  The goal is actually to keep the fight OUT of the courtroom. 

Here at the Law Offices of Heath Harte, we believe in negotiating custody, as much as possible, outside of the courts.  We will help you look objectively at the issues surrounding your case, both good and bad.  We will explain all of the factors used in determining custody, and just how these factors apply to your case.  We will look at all of the financial and emotional issues.  We will truthfully examine the barriers facing you along the way.  We will help you determine what is realistic, and what is truly best for the children involved.  We will help you prepare your strongest argument.  We will negotiate as much as possible without litigation.  If we do need the court's involvement, we'll use our knowledge of case law and judge's behavior to advise you where you should bend, and where you should stand strong.  We believe that parents, with all their strengths and weaknesses, are the best ones to determine what is best for their children.  We believe in keeping the decisions with the parents and out of the courts.

Friday, July 17, 2015

Mistakes in the Florida "Sex on the Beach" Case


In July, 2014, a 40 year old man and a 20 year old woman were filmed having sex on the beach.  They were subsequently arrested, and in July, 2015, the male was sentenced to 2 and a half years in prison. (The female was previously sentenced to time served.)  Both will have to register as Sex Offenders.  Reactions to this sentence have been mixed, with most people commenting that the punishment seems excessive.   What could the individuals have done differently, and perhaps have avoided such a harsh sentence?

This incident occurred on one of the Florida Gulf Coast Barrier Islands.  This Island in particular has 7 miles of Gulf Coast beach.  Although all beaches in Florida are "public", those designated as "Public Beaches" have parking lots, concessions, bathrooms, and playgrounds.  Coquina Beach, where this incident occurred, had recently been named one of the top "family friendly beaches" in the US.  Rather than setting up on a portion of beach FAR from the playground and concessions, this couple chose to set up next to families with beach tents, convenient to the playground.  Had they picked a more secluded area of the beach, they might have gone unnoticed.

This couple's 2nd mistake was continuing to engage in adult activities for an entire day, even after being asked to stop.  Witnesses reported that when the amorous activity first began around 11 am, they removed the children from the beach, coming back about an hour later.  When they returned, the couple started engaging in sexual behavior again.  It was not until late afternoon that the grandmother had had enough and called the police.  The police took their time arriving and had to be pointed to where the couple lay.  The couple had plenty of time to finish and move away before the police arrived.

But most likely, it was the couple's attitude that resulted in the harsh penalties.  Rather than acting contrite or remorseful, the couple became indignant, even when approached by a police officer.  In fact, throughout the day, rather than being apologetic, they acted threateningly to bystanders who dared to question their activities.  The arresting officer reported that once the suspects had been secured, over a dozen bystanders approached to give him information, and 6 actually completed affidavits.

The male was not unknown to the system either.  He has 25 previous offenses listed in the county court database. the earliest being a criminal driving offense he received when he was only 16 years old.  His first felony conviction was for disobeying a police officer, received a mere 4 years later, an incident that occurred during a drug arrest.  After violating probation, he served time.  Other offenses include repeat domestic violence, felony cocaine trafficking, (for which he was still under supervision,) and a slew of driving offenses.  He was well aware of Florida's "Three Strikes" sentencing guidelines.  Yet he chose to give an under-aged woman alcohol and engage in a day-long public sex marathon, and to get angry when his illegal behavior was questioned.

He compounded his mistakes by refusing to negotiate with prosecutors.  Wary of the publicity, the prosecutors offered this man a deal: plead guilty, eat some crow, and we'll sentence you to 2.5 years.  Go to trial, and you're facing 15 years.  He continued to insist he'd done nothing wrong and sought as much publicity as possible for his crimes. The prosecutors withdrew the "three strikes" paperwork and requested exactly what they'd offered him in pre-trial case management conferences: 2.5 years, including credit for time served.  And he has the arrogance not only to appeal, but to claim indigence so that appeal will be on the taxpayers' dime.

So where did this man go wrong?  Had his attitude been different from the beginning, perhaps things would have worked out differently.  If you are actively committing a crime, you should not act indignant towards those who ask you to stop.  You should not escalate your behavior when bystanders politely point out you are engaging in lewd behavior in front of children, something that automatically increases the level of severity of charges.  When folks start threatening to call the police, that is the time to be apologetic and contrite, and also the time to vacate the area before the authorities actually arrive.  And when those authorities DO arrive, it is time to be polite and respectful; it is not the time to become argumentative.  This is especially true if you have previous convictions for failure to obey authorities.  The police are much more likely to be lenient to a respectful, cooperative person.  And remember, the ruder you are to a bystander, the more likely that bystander will stick around to give a witness statement.

A good rule of thumb is that disrespecting police will only result in harsher charges.  Even if you are 100% sure you have done nothing wrong, be respectful in all communications with authorities.  Even if you choose to not say anything, be quiet in a respectful manner.  And especially stop arguing once you've been put in handcuffs.  At that point, it's best not to say much at all until you have consulted with an attorney.  But remember, invoke your rights with dignity and respect.  You have a much better chance of being treated respectfully in return.

Thursday, July 9, 2015

Fighting for Paternal Rights


Fighting for Paternal Rights


Today, the “traditional family” is becoming a rarity.  Today, the single-parent home, the blended family, and shared custody are at least as prevalent as traditional families.  We also have same-sex couples bearing or adopting children.  In the old days, when a family broke up, primary custody almost always went to the mother.  Today, that is no longer the case. 

Many fathers still assume that if they leave their spouses, that means the end of raising their children. Unmarried fathers assume they have no chance for primary custody.  Thankfully, that is no longer the case.  More and more fathers are fighting for primary, or even sole custody and are winning.

The advances, in part, are due to The Fathers' Rights Movement. Starting in the 70s, groups of men began organizing to end the bias towards placing children with Mom.  Groups began to form, including Families Need Fathers and the Lone Father Association.   (See http://en.wikipedia.org/wiki/Fathers%27_rights_movement.)  The movement continued and expanded with the rise of the Internet.  Now, there are a plethora of groups organizing through social media sites like Twitter, Facebook, and Reddit.   Some of these groups advocate and lobby, while others offer support.  They also help raise awareness of why the mother may not be the best parent for the children.  Similar groups exist that stress the importance of shared parenting. These groups have helped things like paternity leave for fathers to become a reality.

Several celebrities have also helped raise the profile of fathers' rights.  In 2014, the actor Jason Patric was denied visitation and was barred from seeing his baby, conceived through IVF. After initially being denied even visitation, he sued, and won, and was granted full parental rights.  

Also in 2014, skier Bode Williams was casually dating a woman who became pregnant.  She decided to move to New York to go to college.  Bode successfully sued for father's rights, gaining primary custody of his baby.   Halle Berry and Gabriel Aubry dominated the tabloids in 2012, 2013, and 2014, with Halle fighting to deny visitation, and Gabriel fighting, and winning his parental rights.  Aubry successfully kept Berry and her new husband from moving their child out of the country.  This year, NFL Hall of Famer Barry Sanders joined the ranks of those fighting for Fathers' Rights.

Today, there is no reason for a loving father to back down.  You do not have to be a celebrity to successfully gain custody of your child.  All you need is will, determination, and the right lawyer.

Here at the Law Offices of Heath Harte, we believe custody needs to go to the better parent.  In many cases, that is the father.  We also believe that most children can benefit from having a relationship with both parents.  If you are a father, and you are looking at establishing your paternal rights, we can help.