Child custody is one of the issues that lengthen a divorce process. In many divorce cases, both parents do not want to be separated from their child. Long before, child custody was awarded solely to the mother, due to the observance of a practice called “maternal preference.” This preference was based on the presumption that mother were better equipped with the love and concern necessary in raising children.
Today, many courts consider awarding custody of a child to both parents, especially if this will be in the child’s best interest. This joint custody is most probably the decision a court would arrive at, unless one parent is deemed and proven unfit by the court. Being judged as an unfit parent can be due to many different reasons, such as a parent: being abusive to his/her child; a bad influence to the child (can be due to use and dependence to illegal drugs and/or alcohol); exposing the child or allowing the child to be exposed to pornographic elements; using excessive forms of disciplinary acts; or was charged or convicted of a crime.
Two other important factors considered by the court when deciding who gets child custody are parent’s involvement in the child’s activities and the environment where the parent resides. Spending time with the child and being there when he/she needs the parent most, like in school plays, school meetings and other activities are greatly considered and appreciated by the court.
If the environment can put the child’s health at risk, though, or compromise his/her safety, maybe due to the regularity of crimes in the neighborhood or open use of illegal drugs, then these may affect the court’s decision.
The ill behavior of a new partner, which may have an unfavorable effect on the child, can also keep the court from deciding in favor of one parent. Many other things are considered by the court, including the possible custodian’s health, age and financial opportunities. Some parents look for really good lawyers who can strongly defend their interests and fight for their right in court in order to have the advantage of winning custody of their child.
As explained in the website of the law firm Marshall & Taylor, PLLC, “A court will never side with the parent who violates the terms of the child custody agreement specified in the court agreement. Even if the parent has noble reasons for doing so, in the eyes of the law he or she will always be wrong. In addition to that, if the ex-couple agrees to an amendment of the terms of the child custody agreement, this amendment should be formalized in written form before being acted on. Otherwise, the resulting action will always be a violation.”
A divorce process is not only emotionally draining and painful, but complex as well. Having an experienced lawyer guiding you through its whole process may help you see to it that your rights and interests are recognized and respected.
Reckless driving is a major traffic violation in the United States. This traffic violation,however, is a large diverse crime due to the many ways it can be committed. Though some states may impose additional traffic prohibitions which would result to reckless driving if violated, the following are some of the most common ways of committing this dangerous road behavior:
- Driving at reckless speed. This means driving 20 mph above the speed limit or driving over 80 mph.
- Driving too fast for traffic conditions. There are instances when driving at the maximum allowed speed can be considered as reckless behavior. One example is driving at 60 mph in a 60 mph zone, but with the road covered in snow.
- Driving on a any public road in such a way that can endanger another person’s “life, limb, or property.” This rule is a catch-all for all types of unsafe driving practices, like driving the wrong way on a one-way street, parking on a highway, and driving asleep at the wheel.
- Having too many passengers inside the vehicle. Drivers who carry more passengers than the number of seat belts or allows one too many passengers in the front seat that the their ability to drive properly is compromised could be charged with reckless driving.
- Intersections and Crossings. Drivers passing or overtaking another vehicle at a railroad crossings or at an intersection, especially if there are pedestrians crossing or about to cross are guilty of reckless driving.
- Passing a School bus. Drivers who fail to stop while a school bus is taking on or discharging passengers and fails to remain stopped until the bus has started to move again is guilty of reckless driving. Exception to this rule includes situations wherein the school is on a section of the road that is separated from the lane of travel by an unpaved area or a physical barrier, or if the bus is immediately adjacent to a school and the driver has been directed to pass it).
- Traffic violations which include speeding, tailgating, distracted driving, failure to yield right of way, failure to use turn signals, drunk driving, and, running stop signs / red lights.
More than just a mistake or a negligent act, reckless driving involves a driver’s willful and active disregard for the safety of others and for his/her own safety. Thus, one can also be charged of driving recklessly even if there is no one else on the road whose safety may be put at risk or someone else’s property getting damaged; driving in such a way that puts his/her own life in danger or his/her property at risk of getting damaged is enough for a driver to be considered reckless.
The National Highway Traffic Safety Administration (NHTSA) and traffic authorities consider reckless driving as a totally irresponsible, yet preventable act. Due to this, anyone who behaves recklessly on the road is held liable for the ill consequences of his/her act. This means not only facing the harsh punishments (this includes fines, imprisonment and possible suspension or revocation of his/her license) that may be imputed on violators, but compensating anyone who may be injured too.
According to the Schuler, Halvorson, Weisser, Zoeller & Overbeck, P.A. law firm, even a minor car accident can leave a victim with serious injuries, ongoing pain and suffering, significant property damage, and serious emotional, psychological, and financial burdens. This unfavorable circumstances make pursuing a legal action necessary as it would allow the victim seek compensation that should cover all of the victim’s sufferings and losses.
There are times when a court will have to require a driver to carry a special type of insurance in order for that driver to continue enjoying his or her driving privileges. This special type of insurance is called SR-22, a form which insurance companies send to a state’s Department of Motor Vehicles (DMV) to indicate that the person whose license has been suspended already has the required insurance coverage.
A driver can be required to carry an SR-22 filing if he or she has been:
- Caught driving without auto liability insurance;
- Cited for multiple traffic violations within a specified time period (like three moving violations in just one year);
- Involved in an accident without auto insurance;
- Driving a car under the influence (DUI);
- Cited for recklessly driving a motor vehicle; or
- Issued a license suspension or revocation.
Only by filing SR-22 can a driver’s driving privileges be immediately restored as this will also immediately lift the suspension made on his or her license. However, an SR-22 form may not be so easy to obtain because one will first be required to purchase an auto liability insurance policy. But here’s the tricky part: being required to carry an SR-22 filing will make insurance companies tag you as a “high-risk” driver. Being “high-risk,” an insurance provider has two options: deny your purchase or sell you a policy that is more expensive than the regular. Why more expensive, you may ask? Well, because you’re a “high-risk” driver, which means you are likely to get involved in an accident and if or when you do, instead of earning profits, your insurance provider will have to spend since it will have to pay your victim. Carrying SR-22 also usually lasts for three years, however, a judge may extend it to five years if he or she sees it fit. This means more expensive premium payments for 36 months or 3 years – a real strain on your budget even if there is no extension made.
While insurance firms find means to make policies more expensive, however, independent car insurance companies help car owners and drivers find the best insurance deal, including SR-22, with the lowest price. According to Pohl & Berk, LLP, some insurance companies offer customers as many as a dozen free insurance quotes online which will allow customers compare insurance prices. Besides these free insurance quotes, it also offers free SR-22 quotes, as well as online filing of all your insurance related needs.
Within minutes, you can be insured or get an SR-22; no hassle, no paperwork and everything is guaranteed fast and easy and even right in the comfort of your home. All you need to do is dial a number.
For older adults, functional assessments are vital in order evaluate their physical, emotional, and mental capability, particularly on how they are managing their tasks and activities that are generally part of everyday life. Included in these tasks are self-care (dressing and getting around your house, among other things) and other tasks that require mental skills like managing finances. For medical professionals, functional assessments can help determine a number of things, such as:
-Identify and determine the stages of cognitive issues, such as dementia, Alzheimer’s, delirium, and other mental health problems that can lead to life-threatening complications.
-Determine the impact of declining physical diseases like heart failure, diabetes, and many others.
-Check the level of supervision and assistance the elder needs to be able to live at home, and the level of in-home care they might require on an everyday basis.
-Determine which medical issues need first or immediate focus and attention.
The uses of functional assessment goes well beyond the evaluation of al elder’s needs; it can also help in health checks before being discharged from the hospital or decide whether an assisted living is necessary or not. Just as stated in SeniorAdvice.com, cognitive problems such as dementia and Alzheimer’s are usually the reason for getting into assisted living or nursing homes. It helps because the elders would then have the help of staff members with their medication, personal care, and other needs that they can’t do on their own but still have the privacy and independence that they need.
Depending on the needed assistance and medical help, the cost of a health care facility, private nurse, or assisted living can vary. Factors such as level of care, room, and location are among that could influence the cost. Elders should not be wary of getting a functional assessment, because it is only aimed to help them make sure that they are in good heath and are well taken care of depending on their needs.
Cars are not just today’s most common means of transportation, they are also convenient, comfortable and a fast way of getting to one’s destination. There are times, however, when driving can be such an unpleasant task because of slow traffic, road constructions, detours, and slow-moving or large amounts of pedestrians. Slow-moving traffic can easily make many drivers impatient, thus, some do whatever will get them ahead of everyone else, even to the point of being reckless on the road.
Before approving any application for a driver’s license, The Department of Motor Vehicles (DMV) requires that applicants undergo formal driving lessons and go through written and actual driving tests to ensure that they have learned and developed proper road behavior. This is because driving is a privilege, not a right; therefore, no one can or should drive as if he or she owns the road. Simply put, public roads and highways should be no place for anyone who would fit the description of “reckless driver”.
A reckless driver, as defined under the laws of the United States, is a person who willfully and wantonly disregards the safety of persons and properties. The following instances are considered examples of reckless driving in some parts, or in the whole of the US:
- Overtaking an ambulance or a stopped school bus that is loading or unloading passengers
- Failing to use signal light when turning, slowing down, or stopping
- Driving above speed limit in parking areas and public roads
- Maneuvering improperly
- Overtaking another vehicle on a one lane road or overtaking two vehicles simultaneously on a highway by driving in the lane of on-coming traffic or on the shoulder
- Drowsing off while driving, driving the opposite direction on a one-way street, and parking in a highway
- Passing a car where the view of oncoming traffic is obstructed, like on a curve or on the crest of a hill
- Running a red light or a stop sign
- Driving a vehicle that has defective parts, like faulty brakes or worn out tires.
Reckless driving is a serious traffic violation because it is a threat to people’s lives and properties. It is considered a misdemeanor, but can be raised to Class A misdemeanor (which means jail sentence of up to 12 months and/or a $5,000 fine) or felony if it causes injuries or death (a felony is a more serious offense with a punishment of more than one year jail sentence in a state prison). In some states, reckless drivers can also have their driver’s license suspended or revoked; however, if the violation is committed in Federal territories, such as the George Washington Parkway, the Pentagon area, the Quantico area, in military bases, or in Northern Virginia Federal government facilities, then offenders are sure to face heavier penalties.
No one can be more aware of the dangers of reckless driving and the severity of injuries resulting from road accidents caused by reckless drivers than personal injury lawyers all across the US. These injuries, more than damage to properties, are the real sources of many other sufferings to victims and their families. According to the websites of some Tennessee personal injury lawyers, costly medical treatment and medication, days of absence from work, resulting to lost wages, or even the possibility of disability, which can totally alter victim’s lives, are just a few of the scary consequences that can result from someone’s reckless road behavior. Things like these are what drive lawyers to defend victims and help them seek justice against those who fail to respect people and share the road in a respectable manner.
Driving recklessly is a choice and, though accidents are never intended, drivers who choose to be reckless should understand that they put lives on the line the moment they start not to care about the safety of others – this is just one major driving mistake that needs to be carefully monitored and punished.
According to the website of The Law Offices of Mark T. Lassiter, drug paraphernalia is defined as any item that is intended to use, conceal, or prepare an illicit drug. This can include common household items such as scales, measuring cups or spoons, bowls, bags or envelopes. Most commonly charges are made against the possession of pipes and bongs.
Sentences for these charges vary case by case, but there are guidelines for the sentences in Texas. First possession is considered a misdemeanor and has no prison sentence, but you can be charged a $500 fine, if you have no previous felonies. First possession with intent to sell the paraphernalia is also a misdemeanor, but can result in up to one year in prison and $4,000 in fines. Being charged a second time with possession and intent to sell is a felony with a mandatory 90 days to one year prison sentence and $4,000 in fines. Being charged with selling paraphernalia to a minor is a felony as well and carries a hefty mandatory prison sentence of 180 days to two years and $10,000 in fines. These are serious penalties that will later be shown on back ground checks and can affect your job outlook in the future.
It is possible to avoid serving time in prison if it is your first offense or if you were in possession of a very small amount of paraphernalia. County laws and regulations alter the punishments as well. Depending on your specific county and judge, you may to sentenced to community service, probation, and/or be required to enroll in a drug treatment program.
However, evidence of drug paraphernalia possession must be attained in a legal manner to prove the criminal charge. If the officers did not have probable cause, your consent to enter your residence, or a search warrant then you may be able to challenge the legality of the charges. Consult a criminal defense lawyer in your area to learn more about your specific legal options.
Cerebral palsy (CP) is caused either by damage to, or abnormal development of, the brain either during pregnancy, delivery, or after birth. This results in the inability to control muscles and a difficult life for both the parents and child. Precautions can be taken during and after pregnancy by regularly seeing your doctor and following their instructions. However, according to the website of the Pohl Berk Law Firm, the development of CP is unfortunately often the result of medical malpractice or inattention by the attending doctors or nurses.
The website of the Driscoll Firm lists the most common injuries sustained during childbirth that result in CP as being nerve damage, asphyxiation, and improper use of an epidural. Nerve damage can be caused during a regular delivery when the doctor could simply pull too hard or twist the baby’s head and neck in the same direction. There can also be cephalopelvic disproportion, which is when the baby’s head is bigger than the mother’s pelvis. Most often the baby just needs a little help to get through by the use of forceps, vacuum, or other medical tool. Misuse of these devices can result in nerve damage and the development of CP.
Asphyxiation starves the baby’s brain of oxygen and results in irreparable damage. Asphyxiation can be caused from the premature separation of the placenta, the umbilical cord being wrapped around the baby’s neck, or if the baby fails to breathe on its own after birth. Breathing delays of longer than three minutes are at risk for brain damage. Therefore, the birthing team must be attentive and react quickly to such problems to prevent harm to the infant.
Lastly damage can be cause by the improper use of an epidural. Most common is an improper dosage. If the mother is given too much of the drug, her heart and breathing rate slows. This lowers the oxygen levels in her system and can result in asphyxiation of the infant.
Cerebral palsy seriously affects the lives of parents and children and sadly is often the result of birthing injuries. Contact a personal injury or medical malpractice lawyer in your area to learn more about legal options related to birthing injuries.
Foreclosure is a fear that many homeowners have. When a homeowner falls behind on their mortgage payments the lender has the legal right to foreclose on their home and auction it off to the highest bidder. This doesn’t happen immediately; you have to have missed several payments and there is a process that the lender must follow. One of the things that the lender must do is notify you if your home is being foreclosed on. If you receive one of these notices there is still something you can do to save your home: file for chapter 13 bankruptcy.
The word bankruptcy is scary and intimidating but it can save your home. According to the website of Hong Law, PLC, chapter 13 bankruptcy lets you keep your home in a few ways. The first is automatic stay. What this means is that when you file for bankruptcy your creditors are ordered to stop the collection process immediately, including the selling of your home. This typically lasts between three and four months, but depends on how long it takes for your filing to process.
There are two exceptions to automatic stay, however. You creditor can file a motion to lift the stay, in which they would have to receive permission from the bankruptcy court to sell your home despite you having filed for bankruptcy. If this happens, you will typically still have a month or two before being foreclosed on, but this varies on how quickly your creditor files the motion. The only other exception to automatic stay depends on if the foreclosure notice was filed already. Creditors must give you a notice period for foreclosure by law, but the time varies by state. If your notice period passes early on in your bankruptcy filing, then the creditor can file a motion to lift the stay as described above. Time matters, so if you have received a foreclosure notice you need to act quickly to prevent this from happening.
Chapter 13 bankruptcy stalls the foreclosure process when you file, but you still have to set up a payment plan. You are still required to make your current mortgage payments while making the payments to your debt, so there are some income requirements. However, after all of your payments are made the court forgives your remaining debt and you get to keep your home. If you have received a foreclosure notice or are falling behind on your mortgage payments, consult a foreclosure defense or bankruptcy attorney in your area.
Divorce is a very real and devastating issue that many individuals face. No one expects going into a marriage that it will end, but when it does it is necessary to make sure you take the proper steps to a fair separation. This can become even more straining and complicated when you have children together and child support becomes a problem. According to the website of the BB Law Group PLLC, negotiating a child support agreement is one of the most complicated parts of a divorce. How could it become worse? When your ex fails or refuses to pay child support to the parent holding custody, major financial strain can be placed on the parent not only hurting the parent themselves, but the child. They are a few steps you can take when you have a less than reliable ex spouse when it comes to paying child support.
A common mistake individuals make is planning their future financial endeavors expecting that their ex spouse will pay child support. This can have horrible affects when the child support fails to come in. A way to prevent this is to budget without the child support money factored in. Another downfall that parents can make is not keeping in proper contact with their ex. They may not have their ex spouse’s proper number or address, so when child support payments suddenly end, they have no way of contacting them. This can be prevented by constantly keeping the ex spouse involved and having contact with them regularly if they are required to pay child support. This can ensure that you do not have even more trouble than already comes when child support payments fail to come in.
Unfortunately, individual efforts are often not enough to make your ex start paying child support again. If this is the case, a family lawyer may be necessary. The most lucrative child support agreement can be made between you and your ex with this help, according to the Arenson Law Group, PC website. A highly skilled lawyer can help in working out all of the case’s factors.
It is against the law for your ex to not make their child support payments and hiring a lawyer may be the only option for individuals struggling without the help of their es spouses to handle the expensive and sometimes daunting task to raise a child on their own.
With the recent major flooding in Texas, many individuals have seen extreme damage to their property. This includes flooding to their homes, property damaged beyond repair, cars being flooded out, and other damages. These floods have had a devastating affect on residents of Texas and often cause the need for repairs beyond the means of individuals. As a result, many individuals are contacting their insurance companies to receive compensation to help them recover from this unexpected natural disaster.
Many are surprised when their insurance company does not follow through immediately on the promises made when they first signed up with the company. According to the website of Smith Kendall, PLLC, insurance companies can act in bad faith toward their policy holders to help their bottom lines. They can delay coverage for the holders by requiring excessive paperwork, not acknowledging they have received the claim, or by underestimating the dollar amount the holder needs for their property damage. These can not only delay the coverage the clients need in a time of crisis, but may prevent them from receiving coverage at all. This does not only violate the trust the holders placed in the insurance company they paid for years, but is often against the law.
In these times, we see insurance companies taking advantage of their policyholders in the time that they need them most. In order to ensure you are receiving proper compensation for their losses, it is often necessary for individuals to hire bad faith insurance lawyers. The expertise of these lawyers may be required to guide clients in the right direction in filing a bad faith insurance claim and receive as much as they can.
Property damages are many times out of the hands of the owners whether they are caused by a burst pipe, a fire, or a natural disaster like the recent flooding in Texas. Without the guidance of a bad faith lawyer, many are left without proper compensation in their greatest time of need which can result in financial ruins.