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Child Custody Divorce Law

Common Factors in Determining Custody Battles

child custody

Going through a divorce is a difficult time, both for the couple involved and their children. What makes it especially difficult is deciding who gets custody and how the child’s time will be divided between parents. Judges will determine a custody battle by considering what is best for the child and looking out for the best interests of the child. However, there are several factors involved that will determine a judge’s decision. Below are a few common factors that will determine the outcome of a custody battle.

The Child’s Age and Gender

The first factors that a judge will probably consider when settling a custody battle is the age and gender of your child. If a couple’s child is very young, chances are in the mother’s favor. That being said, nowadays a judge does not usually have a gender preference when determining custody. That is, a father will not necessarily get custody of his son and a mother will not necessarily get custody of her daughter. The judge will examine which parent can better provide care to a child of a particular age and gender. It is also important to note that siblings are unlikely to be separated.

The Child’s Personal Preference

The child’s personal preference is also taken into consideration. However, how much weight this factor holds will depend on the age of the child. While a 6 year old’s opinion will be considered, it will likely not hold as much weight as the opinion of a 14 year old. While it differs between states, generally when a child is between the age of 12 and 14 his opinion begins to receive more substantial weight.

The Parent’s Lifestyle 

There are a variety of factors regarding the parents that a judge will consider. First and foremost, a judge will consider which parent can best provide for their child’s physical, emotional, and medical needs. A parent’s health and their financial stability are both common factors influencing the outcome. For example, a mother who frequently moves, thereby uprooting her child’s education and influencing their grades, will not be seen as beneficial for the child. Other factors considered by a judge are whether or not any allegations of abuse, neglect or violence have ever been filed against either parent, whether any claims have been falsely filed, and how willing a parent is to let the other parent see the child. The parent who is awarded custody must be able to provide their child with the necessities of life.

The Child and Parent’s Relationship

Another one of the most important common factors a judge considers is the relationship the child has with either parent. If one parent has been more present for the child’s life so far, that parent will probably have a better chance of winning custody. Love, affection, and emotional ties are all strongly considered by a judge.

Going through a divorce is stressful enough, but the added stress of custody can make the whole situation overwhelming. If you’re headed into court to determine who gets custody of a child, remember that a judge will not make a decision on just one factor. All of the above are common factors that a judge considers. At the end of the day, a judge will make a decision that is in the best interest of the child.

If you are amidst a custody battle, you should seek a professional to help you fight for the rights of your child.   Charles R. Ullman & Associates is a team of child custody lawyers with experience advocating for children and their best interests in North Carolina.  For more information about custody battles and processes, visit the website at www.DivorceLawCary.com.

Categories
Children

School Bus Accident Statistics

School Bus Accident StatsAccording to an in-depth research study conducted in 2008, the National Highway Traffic Safety Administration estimates that approximately 142 people die every year due to an accident involving a school bus or other vehicle used as a school bus. Of these reported casualties, 72 percent were drivers or passengers in vehicles other than the school bus involved in the accident. The remaining percentage of victims are primarily school-aged children, drivers and bus monitors, with nearly half of killed children falling within the five- to seven-year-old range.

What are the Causes of School Bus Accidents?

While the reasons behind school bus accidents and their resulting injuries, death and damage vary from case to case, there are a few very common causes that have been observed since buses took over as the primary mode of transportation for school-aged children.

  • Driver Error – A large number of school bus accidents have been attributed to driver error, distraction or other complications that inhibit driving ability under a certain set of circumstances. Due to the growing number of accidents associated with distraction of the driver related to cell phones, mp3 players and other hand held devices, numerous laws have gone into effect regarding their use. In most areas of the United States today, the use of a mobile phone for calling or texting purposes is outlawed within a certain radius of elementary, middle and high schools during peak travel hours. Bus drivers themselves are prohibited from using a cell phone or portable music player while operating the bus.
  • Vehicle Malfunction – Mechanical problems with engine, transmission, tires, hydraulics and other integral systems can result in a variety of dangerous issues that cause loss of control and crashes all over the country. Proper inspection and routine maintenance of all buses on a school’s fleet is mandatory in order to ensure the safety of students, school staff, pedestrians and other motorists on the road.
  • Old or Defective Equipment –  Although the presence and use of seat belts in private and business vehicles is mandated by state law throughout the country, hundreds of thousands of school buses are still allowed to transport children to and from home every day without any restraint system whatsoever. Even in buses that have been equipped with proper seat belts, hundreds of children are injured due to faulty belts, buckles or seats. Continuing support and demand for improved safety systems in school bus fleets has managed to make a slight difference in schools that possess the funds and means to update their buses. Schools in less prosperous areas, however, often find it difficult, if not impossible, to provide their students and their families with the peace of mind that seat belts and quality safety equipment have to offer.

Approximately 17,000 children are hospitalized or treated in an emergency facility every year due to an injury sustained while on or near a school bus. Replacement of out-of-date vehicles and accessories can help bring this number down significantly, allowing school children, their families and school administration officials to feel more confident in the transportation system that millions of people rely upon every day. If your family has been negatively affected by an accident directly related to school bus use or malfunction, you may be entitled to legal and financial recourse. An experienced personal injury attorney will assess your case and determine the most effective course of action to obtain compensation.

Janet, Jenner & Suggs, LLC is a Cerebral Palsy law firm located in Baltimore, Maryland/Columbia, South Carolina/Asheville, NorthCarolina. For more information, please visit www.cerebral-palsy-injury.com.

Categories
Divorce Law

7 Tips on Hiring a Divorce Lawyer

Hiring the right divorce lawyer is imperative because it’s one of the most important decisions you’ll ever make. The multiple ramifications of your choice will be both important and long lasting. Of course, finding a good divorce lawyer is a lot easier said than done. Fortunately, there are ways of making the task less difficult. Here are some of the best ideas you can use to ensure that you choose the right attorney for your divorce.

Tip #1:  Get an Outside Professional

Generally speaking, it’s best to avoid hiring a friend or relative, no matter how qualified. They are likely to have too much invested in their relationship with you or your spouse to be able to objectively pursue your best interests.

Tip #2:  Hire a Lawyer Who is Candid About Costs

Find an attorney who will be honest and upfront about how much your divorce is going to cost you. A lawyer who hems and haws or changes the subject when you ask about fees should be marked off your list immediately.

Tip #3:  Have a Written List of Questions About Your Case

Have a list of specific questions ready when you first talk to a potential divorce attorney. Find out if the person you’re talking to will be representing you, or if an associate will be handling your case. Inquire about how much experience they have in divorce cases, and ask them for an honest assessment of your case. Don’t let the lawyer squirm out of answering these and other questions, because you need this information to help you make your choice.

Tip #4:  Don’t Waste Your Time on a “Free Consultation.”

Beware of offers for a free consultation. Sometimes these are legitimate, but often they are thinly disguised sales pitches.  The best quality lawyers will charge at least a nominal fee for a consultation.

Tip #5:  Get Recommendations From Divorced Friends

Get recommendations from friends or coworkers who have been divorced recently. They may have a positive view of the lawyer they hired or they may be very dissatisfied. In either case, their opinion can be quite helpful.

Tip #6:  Avoid the Hyper-Aggressive Lawyer

Don’t hire any lawyer who offers to make your spouse’s future life miserable. You’re seeking a divorce, not a starring role in a revenge fantasy.

Tip #7:  Interview Multiple Lawyer Candidates

Last but not least, be sure to interview several candidates before making your final decision. You may wind up choosing the first divorce lawyer you interview, but compare them to several others before making your choice.

About the Author

Scott Morgan is a board certified family law attorney in Texas.  The Morgan Law Firm has offices in Katy and Houston. You can see more of his writings on the firm’s google+ page.

Categories
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.

Categories
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.

Categories
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.’ ”

Continue reading “Indiana’s Parenting Time “Nightmare Before Christmas””
Categories
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
Adoption

Three Helpful Tips When Choosing an Adoption Lawyer

Adoption There is no greater joy in life than starting a family and many couples choose to do this, whether by choice or by necessity, through adoption. Going through with adoption can be long and tedious due to the complicated nature of the process, but this also acts as a way for agencies to weed out any parents who are not dedicated. The best way for prospective parents to adopt is to find a professional adoption lawyer who is familiar with the process and who can assist them every step of the way. Your choice of adoption lawyer can affect the entire outcome of the adoption, so it is important to properly vet the candidates to make sure you end up with the right one. But what should you look for in an adoption lawyer? Follow these three tips for choosing an adoption lawyer to end up with the best results.

Speak With Parents Who Have Adopted to Get Recommendations

The best way to find an adoption attorney is to speak with parents who have already successfully adopted. Check with friends and family members to see if they know anybody who has adopted and then try to be put in contact with them to talk about the process and their adoption lawyer. If you do not know anybody who has gone through this, there are always adoption support groups and meetings that you can attend to meet new people and find out the information you want.

Ask Difficult Questions to see How the Lawyer Responds

When you meet with other parents who have adopted try and get a list of questions they wish they had asked their adoption attorney and then, during the interview process, ask each of them these questions. If an attorney shies away from answering some of the more difficult questions, especially if they deal with cost, then there’s a good chance they don’t want you to know the answer. Find a lawyer who is completely honest during the interview and you’ll have an adoption lawyer that will always be completely open with you.

Choose a Lawyer Who Specializes in Adoption

This may sound like a no-brainer but you would be surprised how many parents assume that a lawyer specializes in a subject just because they are willing to represent somebody. Many lawyers dabble in different areas of the law and split their time between these focuses. When choosing an adoption lawyer you want to be sure that they spend the majority of their time on adoption law so that you can guarantee they are as knowledgeable as possible on the subject. Do a little research into the firm and the lawyer you meet with to make sure that adoption is the primary focus of their company, and doesn’t represent a small minority of their work.

The process of adopting a child can be physically and emotionally draining, but it is well worth it once it’s complete. Adoption agencies make the process difficult on purpose to make sure only the most sincere and dedicated people make it through to become parents. A great adoption lawyer can make the process that much easier while a bad adoption lawyer can send you back to square one. Following these steps will help you find an adoption lawyer that can assist you with starting your own family.

If you are adopting a child, hiring an adoption lawyer would be beneficial to you.  For more information about what an adoption lawyer can do for you, visit the website for The Law Offices of Brian M. Moskowitz, an adoption lawyer located in Boca Raton, Florida at www.Mosklaw.com.

Categories
Divorce Law

Difference between Legal Separation and Divorce (US Law)

While most people know that a legal separation is different from a divorce, many may not understand all the ways in which it’s different. While a divorce ends a marriage, a legal separation does not. Instead, a legal separation allows the couple to remain married while living separately. During a legal separation, a court order outlines each spouse’s rights and responsibilities.

Just like with divorce, certain issues can be addressed in a legal separation, including:

  • Division of assets
  • Division of debt
  • Child custody
  • Child support
  • Visitation schedules
  • Spousal support

One reason why people opt for a legal separation is because their assets can be legally protected until the time of the divorce. Divorces aren’t fast, the first step is filing for divorce and the process can be dragged out for a long time. In the meantime, a legal separation document can provide security for both spouses.

Another reason why legal separations are beneficial is because they can provide the layout for the divorce. For example, the same child custody agreement that was followed during a legal separation may be adhered to after a divorce. Legal separations can sometimes serve as the trial period for the couple to see how they handle certain responsibilities. Often, the judge feels that if both parties were happy with the decisions of the legal separation, there should be no problem with the same guidelines for the divorce.

It’s very important to decide on legal separation guidelines that you’re happy with. Looking at a legal separation as a short-term decision isn’t accurate. Since the legal separation is often adhered to for the divorce, you could be stuck with your decisions for a very long time.

One huge benefit to legally separating instead of divorcing is that if the couple wants to work on their marriage, they can do so while living separately but without going through the hassle of divorce. That way, if the couple makes amends, they won’t have to get remarried. Instead, they can simply end their legal separation and begin living together again as a normal married couple.

Another benefit to filing for a legal separation instead of a divorce is that both spouses can still retain their health insurance. Divorce brings health coverage to an end for the married spouse. With a legal separation, the husband or wife can still care for their family even during the time apart.

This article was contributed by the Cantor Law Group, divorce lawyers of Phoenix, AZ. The Cantor Law Group handles all aspects of family law including adoption, divorce, child custody, and support among other areas.

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. 

Categories
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.

Categories
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
Domestic Violence

Legal Measures that Help Victims Escape Domestic Violence

(based on US law and generally) Domestic abuse is an unfortunate and often unreported crime in America and across the world, and in many cases, it ends only in death. As a result, legal experts agree that men and women who are in abusive situations at home need to get out of those situations as soon as possible. Sadly, many victims are unaware of legal options put into place to help them, and so they stay.Why Victims StayAside from not understanding their legal options, many victims stay in abusive relationships out of love, loyalty and hope. They also typically rationalize the abuse by believing that it’s somehow their own fault, that if they could just be more attentive or if they could just keep the house cleaner, the abuser would relent. Unfortunately, nothing could be further from the truth, as the vast majority of abusers will only seize upon such opportunities to ramp up their abusive behavior.

Making a Plan

In order to truly escape an abusive situation, the victim needs to first understand that abuse in a loving relationship is not normal. The victim must see that he or she is deserving of respect, and then a plan of action needs to be made. In some situations, this plan may include simply leaving the home within the moment to stay with a trusted friend or family member, while in other situations, long-term planning must take place. When planning long-term, the victim needs to find a safe place to stay, and he or she also needs to examine legal options.  It helps to have a support system of some sort set up of friends or family or perhaps an organization that supports victims of domestic violence through therapy, housing, and other avenues.

Criminal Legal Options

Whether it’s PA lawyer or one in Florida, most attorneys advise that victims should contact the nearest police station or sheriff’s department to report the abuse. From there, an officer will investigate the claims and make an arrest if evidence is found. In many cases, simply making the complaint will be all that is required in order for the abuser to be taken into custody, and a restraining order can also be issued to keep the abuser away from the victim. Law enforcement personnel can also offer victims options for shelter and resources for starting a new life away from the abuser.

Civil Legal Options

Victims of domestic abuse may also have civil legal options to pursue in order to get compensation for their injuries, both physical and mental. To do this, a victim of domestic abuse will need to partner with an attorney to file a lawsuit. This option will allow the victim to present his or her case in front of a judge and jury, and the victim’s lawyer can present evidence on the victim’s behalf. Additionally, the victim can also file paperwork with a family law court to obtain sole custody of any minor children involved in the case. The family law court can also issue restraining orders and custody rights to ensure that the abuser is not allowed to have contact with the children.

If you’ve been a victim of domestic violence, even if it’s only happened one time, don’t wait to do something about it. As mentioned, these types of situations only get worse with time, and many result in death. Remember, you deserve love and respect, and a man or woman who is going to abuse you is not someone who you need in your life. It may be hard, but by resolving yourself and seeking out legal options, you can put an end to your abuse today.

As a single mother of two, writer Molly Pearce is a strong advocate for the empowerment of victims of abuse. There are numerous emotionally charged issues involved and no two scenarios are ever exactly the same. PA lawyer, Steve E. Kellis has handled all kinds of assault and domestic violence cases arising from practically every imaginable situation.

 

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.

Continue reading “Why Is It Important To Choose The Right Family Law Firm?”
Categories
Finance

Talking finance – and inheritance: post from family lawyers

Guest post regarding finance and inheritance from family lawyers.

Financial conversations are important, but not easy. New research reveals not only the peace of mind created when parents and children discuss inheritance, care needs and retirement planning, but also the struggle to have the conversation in the first place.

According to an Intra- Family Generational Finance Study from Fidelity Investments, the fault lies on both sides. It reveals that while more than nine in 10 (94%) US adult children and their parents agree it is important to have frank conversations about wills and estate planning, care needs or covering retirement expenses, there are significant barriers to even starting these discussions within families.

Why people don’t talk

The top barrier, noted by 30% of parents, is they don’t want their adult children to overly rely on a potential inheritance. And for adult children, 40% say that the top barrier is that they feel it is none of their business to ask their parents about these topics.

The timing of these discussions is also a barrier, reveals the study. In fact, only one in three (34%) parents and their children agree on the best time. Parents are more likely to cite when they near or enter retirement (37%) as the right time, while children indicate that they’d like to have a conversation before their parents retire or have health issues (37%).

Financial miscommunication

Highlighting a vast disconnect between parents and children, the study reveals that 97% of parents and children disagree on whether a child will take care of his or her parents if they become ill.

Major miscommunication also exists when discussing inheritance and estate planning. In fact, children are underestimating the value of their parent’s estate by more than $100,000, on average. Additionally, neither side is effectively communicating about retirement readiness. As a result, one-quarter (24%) of children believe they will have to help their parents financially in retirement, while nearly all (97%) of parents say they will not need help.

The impact of the disconnect

The lack of discussion is having a big impact on families, according to Kathleen A. Murphy, president of Personal Investing at Fidelity Investments.

“Given the economic pressures facing families today, it’s troubling that detailed conversations are not happening, especially among those in the sandwich generation who may be grappling with competing financial priorities ranging from planning for their own retirement and paying for a child’s college education to dealing with eldercare, estate planning and retirement challenges with their parents,” she said.

“Whether it’s a parent facing a shortfall in retirement income or an adult child weighing the tax implications of an inheritance, too often discussing these issues is considered taboo within families, but real emotional and financial consequences emerge when such conversations don’t happen or lack sufficient depth,” she warned.

Benefits of talking about the future

According to Fidelity, conversations about estate planning have an overwhelmingly positive impact. The study found that the peace of mind of parents jumps from 61% to 91% when comparing those parents who have not had detailed conversations with their adult children versus those who have.

On top of this, parents who have had detailed conversations with their adult children feel significantly more at ease about their children’s financial future – 68% compared to only 30% among those who have not had detailed conversations.

This guest post is courtesy of Gibson Kerr Family Law Solicitors in Edinburgh: http://www.gibsonkerr.co.uk/. Contact Fiona Rasmusen and their other solicitors for expert family law and estate planning advice.

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
Child Support

Child maintenance payments still in arrears

The collection of outstanding child maintenance payments is still a major problem for families, with more single parents struggling to obtain the necessary support for their children from absentee parents.

Child maintenance arrears

According to recent figures from the Department of Work and Pensions (DWP), outstanding child maintenance arrears have increased from £3.802 billion in June 2012 to £3.814 billion in September 20121.

The figures also show that:

  • In the quarter to September 2012, the CSA collected or arranged £305.6 million in child maintenance (regular and arrears), of which £28.1 million was arrears.
  • In the year to September 2012, the CSA collected or arranged £1,204.5 million in child maintenance (regular and arrears), of which £113.2 million was arrears.

The Child Support Agency

The DWP took over responsibility for the work of the Child Support Agency (CSA) on 1st August 2012. Before this, the CSA was managed by the Child Maintenance and Enforcement Commission.

As well as changing the child maintenance organisational structure, the Government is also proposing a number of controversial changes to its operation, designed to encourage parents to make their own maintenance arrangements without resorting to a statutory collection scheme.

This new Child Maintenance Service will handle cases where parents cannot make their own arrangements – but it will charge for the service.

As well as a £20 application fee, the parent paying maintenance will pay an additional collection fee of 20% on top of each assessed payment. The parent receiving maintenance will have 7% deducted from each assessed payment.

These proposals have attracted a great deal of criticism, with single parent charity Gingerbread claiming that they will penalise  thousands of families who have no choice but to use the statutory scheme.

Current child maintenance figures

The latest figures from DWP regarding child maintenance also show that, in the quarter ending September 2012:

  • the CSA live and assessed caseload stood at 1.11 million,
  • 80% of all cases in which maintenance was due had either received maintenance via the CSA collection service, or had a maintenance direct arrangement in place,
  • maintenance had been collected or arranged by the CSA via the statutory maintenance service on behalf of 899,400 children,
  • At the end of September 2012, the average maintenance calculation was £23.60 per week (including zero calculations).

About the author

Guest post courtesy of Austin Lafferty, family law solicitors in Glasgow, East Kilbride & Hamilton in Scotland offering expert legal advice to people and businesses. They have particular expertise with adoption and child cases. Contact Austin Lafferty for free initial advice.

Categories
Divorce Law

How to Help your Kids through Divorce

(Guest post outlining some tips to help your kids through divorce)

A family breakup is never an easy situation and it’s often the children who are worst affected. If you’re going through divorce then take a look at these top tips that will help your kids cope.

Talking is Essential

Divorce can be a long process so it’s essential to talk to your kids honestly and openly throughout.

Be Truthful

Your kids have the right to know why their parents are splitting; so be honest and open. Avoid giving long and complex explanations which could be confusing. Instead explain that you and your partner can no longer get along but that doesn’t mean that either of you love your children any less.

Always say ‘I Love You’

Realising that their parents no longer love each other can be traumatic for kids, mostly because they end up feeling that they are no longer loved either. Make sure you tell and show your children that you love them every day.

Explain Changes

Divorce leads to upheaval, but big changes are made much more manageable if your kids are fully aware of them before they happen. If you’re planning a move or a big change then give your kids plenty of time to get used to the idea before you act.

Avoid Blame

In many divorce situations both parents are angry with each other and may have resentment and a lot of bad feeling. Whatever you do, always avoid criticising your partner in front of your children as it may colour their view of their parent and lead to further strife.

Be United

Most parents only want the best for their children so even if it’s very difficult try to present a united front and sit down with your children together to discuss the situation. With both parents’ support, your children are far more likely to cope effectively with your breakup.

Understand your Rights

Seek advice from a family law solicitor London so you can give your children a clear idea of what’s likely to happen during divorce proceedings, how long the divorce will take and how family access will be organised.