Category: Family Law

Family law news and intelligence from family lawyers and family law professionals.

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Family Law

Ensuring Optimal Nursing Home Care for Your Loved One

Elder CareTransitioning an elderly family member into a long-term care facility can be a stressful and emotional process. Doing your homework on where your family member will be residing will help you to make an informed decision on the best residence and care for your loved one. The most obvious concern of having a loved one in a nursing home is the potential for abuse.

According to the National Center on Elder Abuse (NCEA), elder abuse is defined as any intentional abusive act or negligence by a caregiver or other trusted individual. There are many types of elder abuse including physical, sexual, emotional, verbal, and financial. The NCEA estimates that for every one case of elder abuse that is reported, at least five go unreported. In 2010, the National Long-Term Care Ombudsman investigated over 211,937 complaints.

In order to ensure the most comfortable and enjoyable experience for your family member while residing at a nursing home, consider the following as part of your planning.

Geographic Region-

How many nursing homes are available in your area? What will be the distance to travel for family members who will be visiting regularly? Of the nursing homes available, what are the differences and similarities between them?

Comparison-

Once you have a list of the possible care facilities, you should contact them to get specific information about their policies and procedures, and standards of operation (such as staffing levels and licensure).  The care facilities you’re considering will likely vary greatly in size. In what type of environment would your loved one feel most comfortable?  A visit to each facility you’re considering should be made. It may be best to schedule a visit ahead of time to ensure staff members are available to meet with you, to provide a tour, and to answer any questions you have. You may want to keep a notebook to write down questions you have prior to the visits and also to record the answers you receive. You can also use this checklist to assist you with recording the information.

There are many on-line tools you can use to find and compare nursing homes in your area.  Among them, the Nursing Home Compare tool is perhaps the most comprehensive. Upon searching each nursing home you’re considering, you will be provided with information about how that facility ranks in the areas of staffing, health inspections, and overall quality.

Insurance-

 What level of care will your insurance cover? Will there be out-of-pocket expenses associated? Be sure to get detailed information about the prices of all care facilities you’re considering. If planning for care for a loved one, you will need to assess his/her financial situation to determine that adequate funds are available if out-of-pocket expenses are expected.

Special Considerations-

Does your family member have any specific medical conditions that would require care above and beyond what is offered at the facilities you’re considering?  If so, make sure to inquire about their willingness and ability to make accommodations. Would there be extra costs associated with accommodations? For example, if your family member suffers from Alzheimer’s or has dementia; you may want to consider facilities that have some type of memory care unit.

What are your family members specific religious/spiritual needs? Are there services available to meet those needs? If not, can accommodations be made?

What level of family involvement is acceptable? Some facilities may have limited visiting hours or may only allow a certain number of visitors each week or day. Some families are able to have very regular contact and to be involved in the daily care of their family member. If so, make sure that level of involvement will be supported by the care team. On the other hand, if the family members are unable to be involved regularly due to geographic distance or other limitations, make sure that is communicated and supported as well.

If you or a loved one is the unfortunate victim of nursing home abuse or neglect, it is crucial to seek legal representation.  Hughes & Coleman is a nursing home neglect and injury law firm located in Kentucky. For more information visit the website www.NursingHomeNeglectlawyers.com.

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Children Divorce Law Family Law

Divorce and the Holidays

(United States law) The holidays can be a joyous and loving time for millions of people across the world. Unfortunately, with nearly 50 percent of all marriages ending in divorce, the holidays can also be a painful and even depressing time. If you and your former spouse have children together, your relationship doesn’t end once you sign the divorce papers. This is especially the case during the holiday season.

Depending on the nature of your divorce, this can be a very emotional and heated time between you and your former spouse. However, no matter how much you and your former spouse may argue and fight, it is important to put emotions aside and think of your children’s well being before your own.

This is by no means an easy task. Fortunately, there are a few helpful tips for divorced parents during the holidays. If you and your spouse are recently divorced or have been divorced for years, consider the following as you approach the holiday season and the New Year:

  • Do not prevent your child from seeing or having fun with his or her other parent
  • Spell out holiday custody arrangements in your custody agreement so you have your arrangement in writing
  • Work on letting go of your anger toward your former spouse
  • Try to keep as many traditions as possible following the divorce. Too much change right away can be difficult for your children to handle.
  • Do not treat the holidays as a competition with your former spouse. That doesn’t instill good habits with your children.
  • Know the details of where your child will be during the holidays and coordinate with your former spouse
  • Work on establishing traditions with your children so they have something to look forward to and remember for years to come
  • If you can, celebrate the holidays with your former spouse. If you two can stand to be together for just a few hours it can be very beneficial for your children.

Sharing custody of your children can be difficult, but with a little help and planning, you can get through the holiday season with as little stress and drama as possible.

Carlos is an avid legal blogger who is interested in raising awareness for the ways a divorce lawyer can help individuals come to fair terms with their former spouses.

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Family Law

Family court judges fear for their security from parents in courts

The family court judges across England have raised concern over lack of security from being attacked by angry or disturbed parents as often the security provided at the courts were dangerously inadequate.

Though judges have raised such concerns it is very rare for them to be openly critical about the security at the principal registry of the family division in central London and also at district courts around the country.

The concerns have been rising stemmed from the fact that in an incident a female judge was seriously injured in an attack and instances when parents shouted threats at them as well as throwing books and cups.

Speaking to Guardian on anonymity a judge had said that an angry father stood up and shouted anti-semitic threats at him. Another father had thrown a cup of water across the courtroom and another had thrown a book but fortunately the judge was far away from its reach.

Another judge said that he was constantly exposed while working as there was no security in the courtroom and sometimes he was alone with a parent. Generally they sit with a clerk who is mostly an elderly woman and vulnerable herself to make any defence in case of an attack.

He added how they were exposed while moving in corridors between the courtrooms, entering and leaving the building, going to toilets when they are to pass through a public area.

A third judge who has worked in the PRFD and courts across London said most district judges, even those doing highly charged family law cases, do not have courtrooms at all but hear the cases in their chambers with the public sitting around the table, and they don’t have anyone in the court room at all.

Judges said county courts often do not have a courtroom and a retiring room for district judges. This forces them to hear cases in their chambers, with those involved often sitting uncomfortably close, while the lack of a retiring room means judges have nowhere to go to go if it became necessary to escape an aggressive parent.

If anything happens only way of escape is through an adjoining door between the judges’ couirt and that of the other district judge said a family judge in London.

District judge Nicholas Crichton, founder of the family drug and alcohol court at Wells Street family proceedings court in central London, who was given a CBE in this year’s Queen’s birthday honours list, said it was a “recipe for flashpoint” to compel judges to walk through public areas and share corridors. Crichton said it was unfair to put anxious parents under the added stress of close proximity with the judge ruling on their case.

It was a hot spot where emotions run high with parents coming to court feeling criticised about their treatment to their children and possibility of their children being removed from them.

A spokesperson from her majesty’s courts and tribunal’s service said HMCTS took the security issue of judges within courts extremely seriously. And the security system was continually monitored to ensure that it was effective and proportionate and mitigates against risks faced.

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Family Law

Road Trip to the Bowl Game: What Your College Student Needs to Know

Road trips are a necessity for fans of college football. When headed out on a road trip to see the big game, many college students consider factors such as beer, gasoline, and more beer, while matters of legal importance are often overlooked. When handled irresponsibly, a road trip can become a legal nightmare for the driver.

Responsible Driving

Road trip safety starts before the vehicle even begins moving. Before embarking on any prolonged journey, the vehicle’s owner should examine the vehicle for any potential safety hazards. In particular, the vehicle owner should examine the seat belts, the turn signals, the lights, the tire pressures, and the condition of the brakes. Ensuring that the vehicle is stocked with a spare tire, jack, road flares, and other emergency supplies is also a prudent decision. Do not overload the vehicle; stuffing a barbecue grill, food, four friends, and luggage into a subcompact car will not make for a safe and enjoyable road trip.

While en route, the vehicle’s occupants should be buckled into their seats and avoid any action that will distract the driver. Motorists who permit passengers to drink alcohol and move freely about the vehicle not only increase the risk of a collision but also reduce the effectiveness of the vehicle’s safety features. Passengers who hang out of the vehicle while the vehicle is in motion may be cited for violating the local vehicle code. The driver should be a sober designated driver rather than the group’s least intoxicated person. The driver must avoid using the cell phone or texting while driving and pay attention to the road.

Overlooked Liability Concerns

Few motorists consider the potential liability that comes with having a passenger on board the vehicle. Accidents are an uncommon event for most drivers and most motorists will only give rides to trusted associates, so why should motorists be concerned? Motorists should be wary of taking additional passengers due to the fact that each passenger is a potential plaintiff in a lawsuit.

In the event of a collision, the party who was at fault in the collision will be liable for the injuries to all parties involved. Most collisions arise due to driver error, but the condition of the vehicle can also be a factor. In the football popular state of Florida, a collision attorney like Steinger, Iscoe & Green will investigate all factors of the accident, but remind clients that if the driver overloaded the vehicle, ignored the condition of the braking system, or lacked proper warnings to other motorists that resulted in a secondary collision, the driver may have contributed to the accident. If the vehicle is heavily loaded or if its braking system is not intact, its braking distance will increase. If the vehicle’s driver is heavily loaded, its braking distance will substantially increase.

An intoxicated passenger can incur an injury even without a vehicle collision. If a motorist fails to supervise his or her passengers and if one of the passengers incurs an injury, the motorist may be at least partially liable for the injury. Many states now utilize rules of pure comparative negligence in negligence cases; a plaintiff may recover some damages even if he or she was 90 percent at fault for the injury. If a driver encourages an inebriated friend to lean out the window or permits fellow students to ride in an exposed truck bed, the driver may be liable for any injuries that result.

Driver negligence comes in many forms, but the effect to the party who committed the tortious act is the same; any injured parties will sue for negligence. Litigating a case across state lines can be very expensive even if the case is dismissed or resolves in the defendant’s favor. College road trips are not an excuse for negligence. The law expects the party who was best situated to prevent the incident to bear the burdens associated with that incident. Being an intoxicated college student is not a defense to negligence.

An avid football fan, Ann Bailey reminds college students of the many factors involved in safe game watching on the road.  The accident attorneys at Steinger, Iscoe & Green apply all of their extensive experience helping their student car accident clients in Florida reclaim their lives and get back to work at school.

Categories
Child Custody Children Divorce Law Family Law

Indiana’s Parenting Time “Nightmare Before Christmas”

It’s that time of year again. People run all over town to do their Christmas shopping, to decorate their homes, and attend holiday parties to spread cheer among their friends and themselves. However, this is also the worst time of year for lawyers, parents, and most importantly, children, because of what is known around our office as “Indiana’s Parenting Time ‘Nightmare before Christmas.’ ”

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Family Law

Nursing Home Neglect: Numbers and Facts

Nursing HomeAccording to statistics from The American Association for Justice, a shocking 90 percent of nursing homes in the United States do not employ a sufficient number of qualified care professionals to provide an acceptable level of care for their residents. In addition, it is estimated that approximately 93 percent of all instances of abuse and neglect within nursing homes go unreported each year. These numbers serve to further support the need for more consistent regulations, improved monitoring and more stringently enforced legal repercussions for neglectful and abusive nursing home staff.

What Constitutes Nursing Home Neglect?

When many people consider the notion of neglect in a nursing home, they typically think of failure to address residents’ pain or cries for help, forgetfulness regarding medications, or simple disregard for residents’ well being in general. While these are certainly significant causes for concern, the issues that plague the nursing home industry are far more numerous and, in many cases, even more serious.

HelpGuide.org reports that negligence accounts for “more than half” of abuse cases reported in nursing homes in the United States. Negligence encompasses all forms of elder abuse that are determined to be the result of intentional or passive abandonment of duty regarding care. When a nursing home staff member intentionally denies a resident adequate care for any reason whatsoever, that resident has claim to compensation for negligence. If, for example, a nursing home patient’s condition or conditions become noticeably worse due to a lack of proper care, that patient and his or her family is entitled to their inalienable right to justice. If, however, no official complaint or report of negligence is filed, victims and their loved ones are left to endure the circumstances without assistance.

Signs of Nursing Home Neglect and Elder Abuse

Neglect and abuse that takes place within a nursing home setting can take many forms. Even if the victim of the abusive behavior is not able to speak up and make a stand against his or her caregivers, concerned family members can take steps to correcting the situation through careful observation and consistent monitoring of activity that occurs.

Some of the most common forms of elderly neglect in nursing home facilities include the following:

  • Isolation – In order to punish a resident for any action that the staff sees as undesirable, inhumane acts of isolation have occurred. This includes keeping the elderly resident locked within his or her small room away from other residents, even during community hours. The emotional and mental toll that this can have on an elderly person can prove extremely serious and detrimental to overall health.
  • Ignoring – Ignoring the emotional and physical health needs of a resident can include everything from simply pretending the individual does not exist, even while the staff member is present in the room, to choosing to forgo medication dosages and changing of linens or clothing.
  • Emotional Abuse – During a period in their lives in which they are away from family and friends for the majority of the time, elderly residents in nursing homes require regular interaction, conversation and emotional stimulation in order to stay happy and healthy in their later years. Staff members who consistently speak in harsh tones or with profane language to their charges can cause significant psychological damage over time, leading to a potential decline in health in their residents.

Family members who notice signs of abuse in their elderly relatives are advised to report any suspicious activity immediately and to seek out legal counsel in order to determine an effective course of action that aims to solve the problem and repair any damage sustained.

Hughes & Coleman is nursing home neglect and injury law firm located in Kentucky.  For more information, please visit www.nursinghomeneglectlawyers.com.

Categories
Family Law

Could family law cases increase as parental child abduction levels almost double in a decade?

I was shocked to find new figures revealing the number of parental child abduction cases have risen by 88% in under a decade. Just in the last year the Foreign Office’s (FCO)Child Abduction section fielded an averageof four calls per day to its specialist advice line.

It’s evidently clear that parental child abduction has become a serious worldwide issue. Almost 270 new cases were reported in 2003-04, while this year there has been more than 500 new cases so far according to the FCO.

What are the legal issues surround parental child abduction?

It is illegal for a parent to take a child overseas without permission from others with parental responsibility. However separate research by the FCO has suggested 24 per cent of Britons are unaware it is a crime.

If a child has been taken out of the country for more than 28 days without consent from those who posses parental responsibility, or a consenting order from the courts is breaking the law. In this circumstance I would advise to contact the police immediately as well as speaking to a family law legal specialist who will be able to advice you on your rights.

The increase in parental child abduction cases is a major cause for concern and is likely to lead to an increase in family law cases taking the matter to court.

Do you even have international support?

International law

The 1980 Hague convention on the Civil Aspects of International Child Abduction requires an abducted child to be sent back quickly to where they usually live, which is usually viewed as the best country to decide on matters such as custody and access in the benefit of the child.

A judgement on whether or not to return a child should ideally be reached within six weeks of court proceedings starting. However from experience, the complication of the majority of cases often results in court matters occurring far longer, often years.

Constitutional law

The above is only legal procedure for countries signed up to the Hague Convention. There are around 200 legal jurisdictions in the world. Only 87 of them are signatories to the Hague Convention, with no penalties for those that do not follow the rules.

If your child has been taken to a country that has not signed The Hague Convention then you may need to apply for custody and permission to bring your child back to the UK through the courts of that country and I’m afraid this process often takes far, far longer.

What to do if your child has been abducted by another parent

There are four key things to ensure you do if your child has been abducted.

  1. Seek advice from a family law solicitor and request an order stopping the child from being removed from the country
  2. Contact the police if the abduction is expected to take place
  3. Keep the child’s passport in a safe place
  4. Call the FCO’s Child Abduction Section on 020 7008 0878.

The statistics show that people tend to underestimate just how much getting a child back costs, including legal fees overseas and in the UK which may continue to mount up even after  the child is returned to this country. There also seems to be a lack of awareness about who pays the costs of resolving a parental child abduction case involving a non-Hague country.

The FCO has launched a campaign to highlight the issue to help inform and educate the UK public and encourage parents thinking of abducting their child to think twice before they cause significant distress to themselves and their family.

Hattons Solicitors have a dedicated team of family solicitors specialising in family law including cohabitation agreements, divorce law and separation. 

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Family Law

Choosing the Right Nursing Home for Your Loved One

Nursing HomeIt’s never easy to decide when to move a loved one into a nursing home or permanent care facility. It will probably be one of the hardest decisions you will make in your lifetime. After you sit down and decide that the best thing for your loved one is to be in a place where they can be surrounded by others and have the care
and supervision they need, then it is time to try and figure out what nursing home will be the best for them. There are many things that need to be considered when choosing a nursing home, especially considering this will be the place that your loved one spends the rest of their life. To further complicate matters nursing homes are far from equal in terms of providing the care your  loved one deserves. Instances of neglect and abuse in nursing homes are not uncommon and over 20,000 complaints of abuse in retirement homes are reported each year.

 Make an Unscheduled In-Person Visit to Inspect the Facility

The easiest way to cross a nursing home off of your list is to visit the facility in person and inspect it yourself. This can be difficult, as the staff tends to be on their best behavior when a prospective client is taking a tour. There is a way around this for you to see what the conditions are really like, and that’s by dropping by unannounced to visit. By not giving them any advanced notice you can see what the place will be like while your loved one is living there. The best time to do this is on the weekend, when the facility does not have as many staff working, and during meal times, when interaction is the most important. If you see staffers ignoring tenants then it’s probably fair to assume they will treat your loved one the same way.

 Remember the Needs of Your Loved One are More Important than Your Own

The most important thing about choosing a nursing home is remembering that you are not going to be the one who will be living there. It becomes easy to confuse your own preferences with the needs of your loved one, choosing amenities in a nursing home that you may find appealing but that may not suit your loved one. Make sure you communicate with your family and really listen to their needs so that you can find a nursing home that has the features that will make them happy.

 Research the Quality of Different Nursing Homes in All 50 States

A little bit of research can go a long way and there is no better resource for looking into nursing homes than www.MediCare.gov’s nursing home comparison system that gives 5-star rankings to nursing homes across the country. This allows users to narrow down their results by searching for different features and facilities. While written reviews of different nursing homes can be easily found across the Internet giving firsthand accounts of quality, Medicare’s nursing home rankings are a good way of seeing the overall quality of a permanent care facility.

Once the decision to move a loved one into a nursing home is made, you need to take your time and make sure you choose a place that works for everybody. There are other factors that need to be considered as well, such as the location of the home and how often they allow visitors. If your loved one needs medical care, they will need a home that is capable of providing them with the personal attention they need. If they are fit and active they will need a home that provides regular activities so that they can maintain their level of fitness. Choosing a nursing home isn’t easy, but with open communication between you and your loved one you can make a decision that works for everybody.

If you or a loved one has been the victim of nursing home abuse or neglect you may have a nursing home injury case.  For information about elderly abuse or neglect, visit the website of the Louthian Law Firm, P.A., a nursing home injury law firm located in Columbia, South Carolina at www.LouthianLaw.com.

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Divorce Law Family Law Pre-nuptial Agreements

Pre-marital and Post-marital agreements

(US family law and general advice) This article is brought to you by San Diego Family Law Attorney Tara Yelman of Yelman & Associates.

Pre-marital agreements (pre nuptials) used to have a very negative connotation, but have become more widely-used and socially acceptable in recent years. Due to rate of occurrence, range of wealth and the heightened level of equality between men and women, most courts no longer frown upon prenuptial agreements or assume that either party has a wandering eye or wavering values.

A prenuptial agreement, or “prenup,” is a written contract created by a couple before they are married. A prenup usually lists all of the property each person owns and all of each person’s debts prior to tying the knot, and specifies what each person’s property rights will be in the event that the marriage ends. Reasons that couples get prenups vary, but listed below are some of the most common:

  • To provide clarity about financial rights and responsibilities during the marriage
  • To provide protection from each other’s debts
  • Especially in circumstances when one or both parties has children from a previous marriage, a prenup can provide protection and structure regarding what is given to the kids in case of death.
  • For precautionary reasons: without a prenup a couple will be subject to divorce laws in their state.

If a couple decides to enter into a marriage without a prenup but later notices that they should have done so, they can create a postnuptial agreement. A postnuptial agreement is a contract that is signed after the couple has already been married. Although they are becoming more commonly used, “postnups” are not yet valid in every state and are more likely to be scrutinized by courts because they can be viewed as “divorce-planning tools.” Below is a list of some reasons married couples choose to get postnups:

  • The couple wants to amend their prenup
  • New business ventures: For example, it is common that in the case that one party enters into business with a new partner, the partner will request that the party get a postnup in order to ensure that the party’s spouse does not receive any of the business after the marriage.
  • Separate property is used to purchase community property
  • One party receives a significant inheritance

Most couples are able to create the contents of their prenups and postnups on their own, however it is crucial for each party to hire a separate lawyer to review the contracts and advise each individual client. Entrusting a lawyer is also important to ensure that the document is legally sound, and to avoid the possibility of a court questioning its’ validity.

Categories
Family Law

Why Is It Important To Choose The Right Family Law Firm?

Going through a divorce or any other such stressful family related issue like child custody can be very difficult and emotionally tiring. At such time if you get the proper guidance and help of a good family lawyer, things can end in a much better way. It is important to choose the right family law firm or the lawyer for many reasons. If you are lucky enough to find such law firm then half your battle is won then and there.

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Categories
Family Law

Contesting a will

It’s something that will happen to us all and when it happens to a loved one we are devastated. It happens every day around the world and it’s part of the life cycle, but we’re never fully prepared for it. We’re never prepared for death.

Death is inevitable and the stress of dealing with the loss of a loved one can be hard, especially when there is the added trauma of finding out you have not been provided for adequately in the will. So what can you do if this happens?

What is a will?

A will is made to decide what happens to someone’s possessions and property after they die. Although a will does not have to be made by law, it is the best way to make sure an estate is passed on to family and friends exactly as you wish. By making a will you can decide who in your family gets what. If you don’t make a will then the law will make this decision for you.

When a person dies without making a will they are said to have died ‘intestate’. This means that the law decides how the assets of the deceased person should be split between the surviving relatives.

DIY will kits can be purchased online and in shops. However, it is advisable to use a solicitor as there maybe some legal formalities you will need to follow to make sure your will is valid. A solicitor can advise you on more complicated matters and can also suggest how inheritance tax may affect you.

The cost of writing a will can vary so voluntary organisations like the Citizens’ Advice Bureau and Age UK can also help with making a will.

Contesting a will

If you weren’t married or registered civil partners, you won’t automatically get a share of your partner’s estate if they don’t make a will. This is a complicated area and if you contest a will you may not succeed. There are certain conditions to meet if you were living with the deceased as a partner but weren’t married, however.

Family structures nowadays are more complex than they were years ago and due to this, it is common for relatives to feel they are entitled to more than they have received in a will.

If you feel you have not received reasonable financial provisions from a will then you may be entitled to contest a will and make a claim. To claim you have to be a particular relationship to the deceased, such as a child, spouse, civil partner or dependant.

Solicitor

If you are unhappy with the terms set out in a will, then it is advisable to get in touch with a solicitor. A solicitor will be able to guide you through the complex process, will be able to help you make a successful challenge and gain an appropriate share of your loved one’s inheritance.

Death is hard for all members of a family and financial problems can make things even worse. If you think that contesting a will is what you need to do remember that it can be costly and sometimes unpleasant, but finding the right solicitor – one who is helpful and professional in your time of need – could make things a lot better.

Author Bio: Mason Brown has a great deal of experience with solicitors in UK and hopes you will find his articles of use. To know more visit http://www.adamslaw.co.uk/

Categories
Child Custody Children Family Law

How to Prepare for a Custody Trial

(US family law procedure and generally) When a relationship ends, whether it is a marriage or two people living together, the emotional and financial toll it takes on the parties can be overwhelming. The impact of a break up is multiplied when the couple is embroiled in a dispute over custody of their children.

People fail to realize that a judge hearing a child custody case does not know either of the parties or the circumstances that brought them to court. A judge’s decision in a case is based only on the evidence presented by each side in the dispute; therefore, it is essential that you be prepared to provide your lawyer with the information, witnesses and documents she needs to prove that you are entitled to have custody of your children.

Do Not Involve the Children

If the children are living with you, do not bring them to court unless your attorney or the judge instructs you to do so. A child custody case is a dispute between the parents that affects the children. The children should not be made parties to the dispute.

Parents who speak negatively to their children about the other parent in an effort to win the children to their side are only hurting themselves. Judges hearing a custody case will usually speak to the children privately at some point in the proceedings. One reason for the interview is to determine if either of the parents has attempted influence the children.

Maintain a Diary

Your lawyer needs an accurate account of the facts and circumstances in the relationship both you and your partner had with the children. You should prepare a diary for your lawyer of current and prior incidents that have a bearing on the question of custody or the relationships you and your spouse have with the children.

Each diary entry should begin with the date, location and names of people who were present. After this preliminary information, there should be a brief, factual description of what occurred including statements that were made. Keep the description as accurate as possible and limit it to occurrences having to do with the issue of custody.

Witnesses

Witnesses who have information that bears upon your relationship with your child are more important than testimony from your high school classmate saying you were a wonderful person when she last saw you 15 years ago. The following are examples of useful witnesses in a custody case:

• Counselors who have treated you or your child
• Your child’s teachers
• Guidance counselors at your child’s school
• Friends and neighbors who have witnessed your interaction with your child
• Doctors and other health care workers

Documents and Other Evidence

Documents such as letters and photographs that are related to the issue of custody should be gathered and shown to your attorney. Keep in mind that not every piece of evidence can or should be used be used in court, so do not get upset if your attorney decides not to use something you believe the judge should see or hear. For instance, you may have a tape recording of a conversation you secretly recorded between your spouse and the children that your attorney refuses to use in court. Your attorney will probably advise you that such secret recordings are illegal in most states.

Listen to Your Lawyer

A family law attorney knows the custody laws in your state and the rules for the admissibility of evidence in child custody cases. Following your attorney’s instructions and advice is the best way to achieve a successful result.

Karen White knows how stressful custody trials can be. Seeking help from a Dallas family lawyer can bring good results to your divorce and custody trial cases.

Categories
Divorce Law Family Law

Post-Recession Surge in Divorces Expected, Say Lawyers

With reports suggesting that the UK may be moving out of recession, many lawyers are predicting a big spike in the amount of divorces they will have to invigilate. Some firms are indicating that they have seen up to a 30% increase in the amount of divorce cases they have to deal with, this could be due to the fact that many couples were putting off a split due to the negative financial implications.

Huge Divorce Drop Back in 2008

The recent rise mirrors a huge drop that occurred just over four years ago when the economic downturn really took hold. With money being too tight to mention and other seemingly more important things on their mind, it appears that couples have just been too busy or broke to consider parting ways, but this looks set to change as the nation starts to look at the possibility of some more stable times ahead.

The official figures actually show that the number of divorces in the United Kingdom dropped for the first two years of the recession and then rose again in 2010 to around 119,00 when the outlook started to look a little bit better.

Equity

Another factor that is seen as fundamental is the fact that couples may have been waiting for the price of their property to creep back up again. As the recession worsened, it seems that people became increasingly concerned about their lowered incomes and how much they would get back if they sold their house. Many divorce lawyers believe this led to many couples postponing their plans to split until they could both walk away with a decent return.

Evidently, not many couples predicted that this would actually be the worst recession in modern times and that the financial doom and gloom would continue for so long.

Larger Rise Could Be On The Way for 2013

Now that many believe there is light at the end of the tunnel and property prices may start to rise very soon, a lot of solicitors are seeing a noticeable rise in divorce proceedings and this is set to gather real pace over the next 12 months.

The figures echo predictions from a number of the United Kingdom’s divorce solicitors and represents some of the first clear cut evidence that an even larger spike in divorce applications could be on the way.

Categories
Family Law

Offshore holiday homes become a millstone in the necks of divorcing partners due to falling value of the property

Family lawyers have warned that the Euro crisis has had tumbling effect on property values across the EU leading to holiday homes becoming into a toxic legacy for couples who are in the midst of divorce.

Number of cases that are currently on the pipeline centre around the question of which partner would be taking on the villa in Spain, Greece or Italy rather than who would not.

One family lawyer described the task of dividing the assets between warring couples who own a holiday home as like a game of pass the bomb.

Case notes in one separation being negotiated currently include discussions about how to deal with a ‘dead duck’ villa in Spain which has lost its value but still has a hefty mortgage to service and little prospect of being sold.

Another case has a couple who are wrangling over what to do with a house in Cyprus which was now worth £53,000 less than its original value, and after calculating currency exchange issues and steep local taxes to transfer ownership.

In other cases, the added complexity of disposing of a property abroad has become a weapon used by one side or the other in already acrimonious splits.

One British divorcee is being forced to go through a lengthy legal challenge in France to recover proceeds from the sale of their former home, awarded to her by an English court but being withheld by her ex-husband.

A partner of family law solicitors firm said that fighting over overseas houses had become one of the biggest headaches in divorce proceedings in the last year.

The firm estimates that at least one in six of its cases involve the division of domestic and foreign property.

When everything is going well in a family it feels really great to own a property abroad but as soon as the relationship becomes rocky the same assets become a disaster the lawyer said.

The lawyer said that she always encouraged her clients to get rid of property abroad or let the other side have it because they are more trouble than they are worth. They become millstone around the neck of a divorcing partner’s neck.

She added that the majority of people who’ve got these second homes in places like France and Spain, were not the super-rich they but just normal middle class families who could managed to purchase a holiday home.

Another partner of the firm added that some divorcees who received Continental homes before the financial crisis have attempted to “unpick” the terms of their settlements in light of the crisis but were rebuffed by the courts.

Categories
Family Law

Powers of Attorney and Living Wills Help Children Care for Aging Parents

By Rustin Duncan, Attorney at King Law Offices, PPLC

It’s a fact of life that all children dread occurring. Mom and Dad age and become sick or otherwise unable to care for themselves. Many times this means that decisions regarding care for the elderly fall on the children. emotionally draining task. However, there are legal options available to families to prepare for this season of life to make things more clear. A Power of Attorney and a Living Will are two invaluable documents that ensure the wishes of the elderly are carried out regarding their care, even when they can no longer make the decisions.

While many parents lack a living will, sometimes called a health care power of attorney it’s the most basic and important step they can take. A living will allows someone to grant another the right to make decisions regarding their medical treatment and/or set out detailed instructions regarding how they want their care to be carried out. A living will also allows one to determine if they want to be put on a ventilator, feeding tube, etc. when they are unable to make decisions on their own. The living will allows a person to let their health care agent make that decision or state if they want all live saving care or no live saving care at all.

This document can be invaluable for the kids because it can take those tough decisions off of them and understand they are simply carrying out their parents’ wishes regarding their care.

Another important, simple and effective way to ease the pain and stress of an aging parent is with a Durable Power of Attorney. A durable power of attorney is a document a person executes that gives another person, usually the kids, specific legal powers to act on their behalf regarding money and property. The Durable Power of Attorney stays in effect even when the parent no longer has legal capacity to execute such documents.

A Durable Power of Attorney allows the child to act for the parent in many legal and financial activities. Examples include but are not limited to transferring money, filing tax returns, selling assets, accessing information on behalf of the parent, and access to the parent’s bank account to pay bills for the parent.

If the parent has not assigned these legal powers to anyone before becoming incompetent, the child or caregiver must petition the court for Guardianship to be able to make these decisions or act on behalf of the parent. While the court process is there it is expensive and can take time not to mention adding another burden to an already stressful and emotionally draining experience.

It is very important to have legal safeguards in place before a parent becomes ill or can no longer make decisions for themselves. Parents and children should talk about the wishes of the parents and have a Living Will and Durable Power of Attorney executed to make sure things are clear. This can ease the minds of both parents and children and can allow families to more compassionately and effectively care for aging relatives.

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Family Law

Parents vs. Adult Children: Granting Permission to Choose

Modern medical advances have made it possible for individuals to live well into their eighties, nineties and beyond. This extension on life, however, occasionally comes with a price. A growing senior population means that assisted care facilities are rapidly becoming a booming business, but there are times when retired parents who are now home alone may be refuse to live in an assisted living community. This can often be a heartbreaking decision because ‘home’ represents where these seniors have raised their families. It is a shrine that holds lifelong memories and cannot be replaced. Adult children see it differently, their childhood home is now a place of lonely solitude that presents many hidden dangers for their parents. There are a few strategies that an adult child can use to convince their parents that it is in their best interest to move to an assisted living facility.

Plan Early

According to advocates for assisted living in Duluth GA, planning early is one of the best methods for giving parents in a push the direction of considering a senior care facility since they will not always have the physical capacity to continue living a quality life on their own. Add to that, parents often become senile in their later years and without having taken the proper steps to plan ahead, an adult child will be in no position to help at that point should they refuse the care they need.

If adult children are proactive and speak with their parents early on, they can make the tough decisions and implement the proper steps that will ensure that they will have a much better chance of having their parent’s consent when they will need it most. Most importantly, the planning, creation and implementation of a living will and power of attorney in place is not only beneficial, it is crucial. The earlier these milestones are defined and put in place, the less likely an adult child will be met with insurmountable challenges in the future.

Seek Professional Help

Parents are often hesitant to trust their children’s judgement with regard to making a life changing decision to move to an assisted care facility. These empty nesters have raised their children, so they often still see them as such and feel that they know, better than anyone else, what is in their best interest. In a worst case scenario, an adult child can nudge their parent towards acceptance by joining forces with the medical professionals that have cared for them over the years.

When adult children and medical caretakers come together as allies, they may be able to successfully head off the possibility of having to come to the rescue of a parent. Inevitably, there will come a time when parents show signs of becoming a danger to themselves as a direct result of a mental or physical challenges that may come about which is often the case as one gets older. To have a trusted professional co-signing with adult children ensures that it is more likely that a parent will be accepting of placement in an assisted living facility.

Legally Speaking: The Final Decision

Let’s face it, some parents refuse to pass the reigns to their adult children under any circumstances. In these extreme cases, a child may have to go over their head and seek legal action as a worst case scenario. It is by no means ideal for an adult child to find themselves in a situation where they must force their parents into a facility against their will. The government recognizes everyone’s right to live as they wish, so they avoid situations involving force upon a law-abiding citizen and, as such, require just cause in order to enforce what the adult child, and cooperating powers that be, have deemed to be in the best interest of all parties involved.

It is important to note that assisted living facilities encourage seniors to take care of themselves in their later years when they might otherwise choose not to. This includes eating right, staying active, taking proper dosages of medicine, and following any additional doctor’s orders. Other allies adult children can join forces with include a trusted attorney assigned to the parent’s estate, or even the adult protective services organization, as a last resort. It bears repeating that setting up legal guardianship or conservatorship ahead of time will alleviate the need to force parents into assisted care, or anything else, for that matter. Adult children helping to make tough decisions, together with their parents, as they transition into their Golden Years should not have to use force as today’s assisted living facilities have so much to offer. The experience can, and should, be painless.

Placing a parent into an assisted living facility does not have to be a difficult task. Parents of adult children have certain rights that should not be taken away from them, and premeditated thought and consideration can circumvent a situation that could potentially become volatile. The fact of the matter is that there simply comes a time when a parent’s health and safety can only be protected if they have the necessary resources and assistance at their immediate disposal. However, there is no need to coerce or force parents into an assisted living facility. It bears repeating that if the idea of living in an assisted living community is presented early on, and in a positive manner, the transition will be a positive one.

Heather Shipp is a freelance writer and a contributing author for Dogwood Forest assisted living in Duluth GA. Known for their ability to exceed expectations and produce positive outcomes in seniors, this facility is one of 8 Metro Atlanta based assisted living communities and takes pride in measuring their success by the positive feedback they receive from residents and their family members.

Categories
Family Law

Married couples to become a minority

Guest post from family lawyers and psychological strategists, GE Law http://www.gelaw.co.uk/

Families headed by married couples will be in a minority by 2050, according to a new report from the Centre for Social Justice (CSJ). The report also finds that marriage is increasingly the preserve of the middle and upper classes.

According to the independent think tank, only about 50% of new parents on low income are married. This rises to nearly 80% for couples on £21,000 to £31,000 a year and to nearly 90% for those earning over £50,000 a year.

The report concedes that there have been some “promising” moves by Ministers to promote family stability, such as the publication of their Social Justice Strategy and the release of public money to provide relationship support. But overall the CSJ is deeply dismayed by the lack of progress since the Coalition was formed in 2010, warning that official efforts to promote stable families are “dwarfed by the scale and cost of family breakdown”.

The CSJ study draws on new data from the 2011 census and the Millennium Cohort Study to chart the decline of the married family.

The proportion of families headed by a married couple has dropped by 5% over the last decade while there has been a % rise in cohabiting couple families and a 2% rise in lone parent families.

The rise in cohabitation is actually fuelling lone parenthood because cohabiting couples with children are far less stable than those who are married, says the CSJ.

The report calculates that on current trends, by 2031 only 57% of families will be headed by married couples. By 2047, 35 years from now, families headed by a married couple would be a minority – 49.5% of all families.

Categories
Children Claims Domestic Violence Family Law

Woman Charged with Abuse for Locking Daughter in Closet

Jacole Prince of Kansas City, Missouri has been charged with abusing her 10-year-old daughter after the girl was found locked in a closet that smelled of urine.

Prince, 29, is facing assault, endangerment and child abuse charges. All of the charges are felonies.

Anonymous Caller Reported Abuse

An anonymous caller contacted the child abuse hotline claiming that three children lived at Prince’s home, but one was confined in a closet. The agency notified the police.

In response to the anonymous call, police officers met social workers from the Missouri Children’s Division outside of Prince’s apartment. When they arrived at the home, neighbors told them that Prince had left the home with two girls.

When a social worker told the neighbors that three girls lived at the home, the neighbors insisted that only two children lived with Prince. Prince told them she only had two daughters. Neighbors claimed that they had lived near Prince for several years but had never seen a third child.

When questioned by police, the neighbors insisted that the other two daughters were always clean and seemed well-cared for.

Officers Discover Girl Locked in Closet

When officers entered the apartment, they discovered a crib set up against a closet door in a bedroom. The closet door was tied closed. When an officer asked if anyone was in there, they heard the girl respond, “Yes.” The officers opened the door to the closet and discovered the girl standing inside. The closet reeked of urine.

The girl was taken to a local hospital. The hospital staff reported that the girl weighed only six pounds more than she did at her last hospital visit six years earlier. When questioned by investigators, the girl explained that she had no room of her own and that she was forced to remain in the closet most of the time. She claimed that she often went without food for days. She also did not have access to a restroom and had to relieve herself in the closet.

The girl told officers that she wasn’t allowed out of the house because she “messes herself.” She claims that Prince gets mad and punches her on the back when she pees on herself.

According to reports, the girl was suffering from several skin injuries and failure to thrive. At 32 pounds, the girl weighs just over one-third of the weight of a typical 10-year-old child. It is unclear how long the girl had been confined to the closet.

Authorities say that the anonymous phone call to the child abuse hotline likely saved the child’s life.

Children Placed in Protective Custody

Prince was arrested on Friday, June 22. The other two children were placed in protective custody.

Prince acknowledged that she did not let the girl leave the house. She claims that she was embarrassed by the girl’s appearance and feared she would be in trouble if anyone saw her condition.

Prince’s boyfriend has not been charged. He has denied knowing that the girl had been locked in the closet. He is not the biological father of the victim. Police are attempting to locate the victim’s biological father.

Prince was arraigned on Monday, June 25. She entered a plea of not guilty.

 

This article was written on behalf of Stokes Injury Lawyers, a group of Atlanta wrongful death attorneys who will fight for you and your family.

 

 

Categories
Child Support Children Divorce Law Domestic Violence Family Law

How To Evaluate Your Family Lawyer

If you are in need of some legal assistance for a divorce, child custody or even an adoption issue, you will need to retain the help of a family lawyers. To ensure that you are making the right decision and are choosing a lawyer who will be able to help you out of whatever sticky situation you have found yourself in, you will need to put them through an evaluation process that should give you all the answers you need.

Step 1: Begin by asking around for referrals. If you know anyone who has gone through a legal battle similar to the one you are about to embark on, ask who they used to represent them. Lawyers that receive several recommendations are generally a good bet.

Step 2: Arrange a meeting with each family lawyer that you are interested in hiring. Make sure that, when you arrive at the meeting, you have prepared a list of questions that you wish to ask. These questions should surround their experience, how many cases they’re working on at the moment, which courts they generally practice at, and so on.

Step 3: If you are satisfied with your initial meeting, you should call your state bar association to enquire as to whether there have been any complaints filed against the lawyer. The bar association should also be able to tell you whether the lawyer has been sanctioned.

Many people also like to use the initial meeting with their family lawyers to evaluate their personality and demeanor. Whilst this is not an imperative part of your decision regarding legal representation, it can give you a good idea of what kind of person you are dealing with. Remember that a good relationship increases your chances of a more favourable outcome.

Categories
Domestic Violence Family Law Uncategorized

New Definitions aimed at Taking on Domestic Violence

Domestic violence is one of the most difficult and sensitive topics that family law solicitors have to deal with, and the cases tend to be personal and can be incredibly tough for victims and their families

Though It’s unlikely that we can eradicate the threat of domestic violence altogether as there is no accounting for the behaviour of criminal individuals, but the justice system does have a responsibility to ensure those who act violently are punished appropriately.

Thus, the government has decided this month to reword the definition of domestic violence with the aim of addressing some key discrepancies.

Incorporating Minors

Following a study from the British Crime Survey which found that those in the age range of 16-19 are the most likely to experience domestic violence, the new definition includes all of those over the age of sixteen.

By changing the law the government hopes not only to bring justice to those who previously would not have been able to prosecute, but it hopes to raise awareness of the problems of domestic violence in young people.

Psychological Coercion

The second major change to the law is the inclusion of coercion and, as it is to be stated in statute, ‘coercive control’. This appears to be an umbrella term which will encompass all manner of behaviours that restrict the freedom of one of the partners in a relationship.

This will include both clear cut cases where individuals threaten or deliver physical violence, either with regularity or as a one off, but it will also include less obvious cases.

For example, cases where individuals are cut off from sources of support, perhaps their families or friends or where they are prevented from acting independently. This could see a number of cases that previously would have been treated as civil problems criminalised.

Though this might appear like legal semantics, the changes will have a real impact upon the practice of family law solicitors and they will change the way in which domestic violence is perceived and treated when they are brought in March 2013. Hopefully, the new definition will mean more cases where aggressors are justly punished for their actions and victims will be allowed access to the support they need.

Overall, though, these changes should in general raise awareness to the trauma that is caused by domestic violence and, above all else, we will hopefully see a decline in the number of cases that are seen in the courts.

Here at Clough and Willis we have a dedicated team of domestic violence law solicitors who are headed by a Resolution accredited specialist. We advise and represent male and female partners as well as other family relations subject to verbal and physical assaults or harassment .