Unfortunately, the saying, “If you read it on the internet, it must be true,” is not always the case.  This is not to say what you have read is misleading or false, but rather could be outdated or biased. When it comes to child custody, there is a bulk of information that isn’t exactly accurate. This has led to mothers and fathers being overwhelmed and confused about what goes on during a hearing for child custody, as well as, what might affect the judges’ decision. The following are some of the most common myths regarding child custody matters. If you have read or been told something about child custody and are unsure about whether or not it is accurate, you can call a child custody lawyer. 

The Child Will Get to Choose Where they Live

In certain scenarios, a judge will ask the child about where they would like to live. However, this is not the only factor taken into consideration. In general, the judge will only interview children who are older than 13 years of age. 

The Mother Will Always Win 

In the past, most states did favor mothers; however, today, this is not true. More and more fathers are opting to stay at home to raise their children. Furthermore, more fathers are aware of their rights and many know what they are entitled to after a divorce. A good child custody lawyer will know of many cases in which the father was misinformed and unaware of his rights. As a result, they accepted their ex-wife’s decision to take care of the children or even cut him out of their life. Fathers have parental rights and can exercise them in a court of law. 

Fathers Forfeit Visitation if Child Support is Not Paid

It is true that jail time is possible when child support isn’t paid; however, the mother of the child cannot stop the father from their visitation, even if he has fallen behind on child support payments. The only way visitation can be suspended or revoked is when the child is in imminent danger. If you are a father who has been prevented from seeing your children, you should consult a child custody lawyer today. 

The Parent Who Files for Divorce Will Get Custody 

There are numerous decisions that will be considered by a judge. Which person files for divorce is certainly not one of them. 

The Parent with Custody Can Move Whenever and Wherever

Whether a parent has full or shared custody, no parent can simply take the children and move. Before a parent moves, they must notify the non-custodial parent. A hearing will be called to determine whether the move is appropriate for the children. If a judge finds that the move would be too difficult for the child or children, he or she could deny the parent. If a parent suddenly moves with the child, and fails to notify anyone, it could be considered kidnapping. 

If you are concerned about being misinformed and would like to ensure you have the most relevant updated information pertaining to child custody, please call a child custody lawyer, like a child custody lawyer in Collin County, TX.

Thanks to Scroggins Law Group for their insight into some of the most common myths about child custody. 

Slip and falls are serious matters that may lead to very serious injuries. In any event that a slip and fall occurs, it is best to seek medical attention, as injuries are not always apparent in the beginning. Should you or someone you know suffer a personal injury due to the negligence of a company or other establishment, that person may be entitled to compensation for their pain, suffering, and injuries. In the event that you or someone you know slip and fall anywhere, it is good to know what types of injuries may come of it in case medical attention is refused. While no injury should be taken with a grain of salt, it is good to know what may happen should you or a loved one slips and falls.

A victim of slip and fall may suffer from many injuries, such as: 

• A slip and fall can cause ractures or sprains. While these are not always serious they can be the beginning of more serious injuries. While sprains and fractures are not permanent damage, the tears and breaks that they cause can lead to serious damages. Fractures may lead to infections that cause much bigger problems but are known to heal after a certain period of time.
• Depending on the way the fall occurred — for example, trying to stop yourself from falling — you may fall on your shoulder. If you fall on your shoulder you may potentially dislocate it. Dislocated or broken shoulders can lead to arm and hand injuries that can cause you to lose feeling.
• Head injuries can come from any point in the fall. Direct strikes to the ground, shelving, or anything else can lead to a concussion or many other issues. These injuries are very dangerous as your head is the machine to your body. The injuries can also be very expensive, and almost force a victim to seek compensation for damages that were not caused by them.
• Back injuries are common to any personal injury case; this makes no difference in slip and fall cases. People suffer from herniated discs, spinal injuries, and so many other things from slip and falls.

Slip and falls are not to be taken lightly, and even if you feel okay following the initial fall, you may still suffer in the future. Report your fall as soon as you can, seek medical attention, and contact a slip and fall lawyer, like a slip and fall lawyer in Decatur, GA, to see what legal options you have to receive compensation. Do this as soon as possible; your health depends on it.

Thanks to the law office of Andrew R. Lynch, P.C. for their insight into slip and fall injuries. 

If you are planning your estate and wish to protect your assets while reducing your tax burden, an irrevocable trust may be an ideal solution. There was a time in which irrevocable trusts were used only by wealthier people and the elite. Today, anyone with assets can take advantage of the benefits that these trusts have to offer. 

Fully grasping what an irrevocable trust can do and how it works takes time, which is why many people will avoid them outright. Before you do so, it may be a good idea to ask a trust lawyer, like a trust lawyer in Chandler, AZ, to review your financial situation and needs. You might find out that an irrevocable trust is your best estate planning tool. 

Understanding Irrevocable Trusts

An irrevocable trust is a trust created by the grantor. Once it has been created and finalized, it cannot be revoked. This means the grantor cannot reclaim the assets held within the trust. In other words, the trust is permanent. 

At its foundation, all assets belong to the trust. A trust can be looked at as if it were an entity, so no person owns the assets; rather, the trust owns them. This means creditors, ex-spouses, or people who believe they are an heir cannot claim the assets for their own benefit. 

Establishing an Irrevocable Trust
The grantor is the person who creates an irrevocable trust. With the help of a trust lawyer, the grantor brings the trust into existence and finalizes it by signing it. A trustee must also be designated. This person will have the responsibility of managing the trust and overseeing its terms. As soon as the trust is created, assets can be placed into the trust. The trustee will manage those assets on behalf of any named beneficiaries. 

The Benefits of an Irrevocable Trust
A trust lawyer can tell you that there are many benefits to having an irrevocable trust. Some of these include:

• Nearly any asset can be placed in a trust
• The trust protects both the grantor and beneficiaries from creditors, collectors, creditors, and divorce
• Assets can be held in the family forever
• Assets can be removed from the taxable estate belonging to the grantor
• It may be possible to avoid death taxes

Types of Irrevocable Trusts
Contrary to what you might have heard, there is more than one kind of irrevocable trust. This form of trust can come in many shapes and sizes. An experienced trust lawyer will have created many different irrevocable trusts including:

• Dynasty trusts
• Grantor trusts
• Education trusts
• Spousal lifetime access trusts
• Irrevocable life insurance trusts
• Qualified domestic trusts
• UniTrusts
• Pet trusts
• Marital trusts
• AB trusts
• Charitable remainder annuity trusts
• Credit shelter trusts

A Trust Lawyer Will Be Needed

It will be nearly impossible to correctly draft an irrevocable trust without the assistance of a trust lawyer. Furthermore, most trusts will allocate funds to retain a trust lawyer for further legal advocacy and representation. If you are considering a trust of any kind, it may help you to speak with a knowledgeable trust lawyer.

Thanks to Citadel Law Firm for their insight into hiring a trust lawyer for an irrevocable trust. 

In a classic personal injury case, to establish a negligence claim, a plaintiff with the help of their catastrophic injury lawyer in Las Vegas, NV must prove duty, breach, causation, and damages: (1) the defendant owed a duty of care; (2) the defendant breached that duty; (3) the breach was the legal cause of the plaintiff’s injuries; and (4) the plaintiff’s damages are a result. To prevail, a plaintiff must provide sufficient evidence that will allow a judge or jury to reasonably find he or she met these elements.

Duty

Everyone has a duty to act with reasonable care to prevent foreseeable harm to others. The standard of care is how the average person would act. This standard does not take into account those who act with extreme caution or those that have certain skills, just a person of reasonable and ordinary care. That is, if an individual is engaging in risky activity that has the potential to harm others, he or she has a duty to act as a reasonable and careful person would in the same or similar situation. If an individual fails to act with reasonable care of another person in the same or similar situation, that individual has engaged in negligent behavior.

Breach

An individual will breach his duty of care when he or she fails to act with reasonable care to prevent harm to others, and does in fact harm someone, or causes someone to be harmed.

Causation

A plaintiff must prove that a breach of a duty caused him or her harm which would have not ordinarily occurred. Causation is usually divided into two sections and both need to be proved: actual cause and proximate cause.

An actual cause is when a plaintiff would not have been injured “but for” a defendant’s negligence or when a defendant’s negligence is the “substantial-factor” in causing the plaintiff’s harm. The “but for” theory of causation applies when a plaintiff’s injuries could not have been caused “but-for” the defendant’s negligence. The “substantial-factor” theory of causation applies when there is more than one cause of a plaintiff’s injury, but when operating alone, one of those causes was enough to cause the plaintiff’s injury on its own. Different jurisdictions follow different causation theories, so it is important to determine which causation theory your jurisdiction follows.

Proximate cause encompasses the foreseeability requirement. This means that a defendant must foresee that his breach will cause plaintiff’s injury. The “but-for” and “substantial-factor” causation theories require the plaintiff’s injury to be a foreseeable result of the defendant’s breach.   

In situations where two or more defendant’s act together to cause a plaintiff’s injury, a plaintiff can decide to sue more than one defendant for the same injury. In this situation, the defendants are said to be jointly and severally liable to the plaintiff for his or her injuries. This means that the defendant’s can determine the percentage of fault each may owe to the plaintiff for her damages. It does not matter how much each defendant contributes to the plaintiff’s damages, as long as he or she is compensated for the loss. If one defendant contributes more than his share of damages, he can seek contribution from the other defendant(s) for the excess amount paid.

Damages

The plaintiff must prove that he or she was harmed or injured as a result of the defendant’s actions. A plaintiff should be compensated for past and future damages in the form of medical expenses, pain and suffering, and emotional distress, if applicable.

Thanks to Eglet Adams for their insight into personal injury claims and the classic negligence theory.  

If you’re overwhelmed by debt, you might be wondering if there’s any relief. Do you have enough debt to file bankruptcy? Are there other options?  A bankruptcy is a serious legal issue. Before you decide to go through with a bankruptcy, make sure it makes sense for your situation.

Options to Get Relief From Debt

Under the bankruptcy regulations, consumers have two options. Chapter 7 is debt relief where your debts are discharged. You can usually keep your car, pension, a home and personal property, provided you can continue to make payments on your mortgage or car loan. Chapter 13 bankruptcy is a reorganization of your debts. You develop a plan to repay your debts over three to five years. Instead of bankruptcy, you may be able to negotiate with creditors to find a solution instead of bankruptcy.

Will Bankruptcy Eliminate Your Debts?

Certain debts cannot be discharged under a bankruptcy. Child support and alimony, student loans, priority tax debts and obligations out of a DUI charge cannot be included in a bankruptcy. Talking to a bankruptcy attorney about your debts before filing for bankruptcy can help you understand whether bankruptcy is a good option for you.

How Do You Qualify For Bankruptcy?

Bankruptcy doesn’t have a debt minimum. Chapter 13 does have a debt maximum. If you have too much debt, you may not qualify for Chapter 13. Although the amount of debt you have is important to filing for bankruptcy, there are other considerations. You should look at whether you can pay your debts outside of a bankruptcy. You should look at what type of debt you have. And you should consider the facts of your situation.

When Should You Consider Bankruptcy?

When you can’t pay your debts, it might be worth considering bankruptcy. Bankruptcy offers protections from creditors who are suing you or garnishing your wages. But you should also keep in mind that bankruptcy relief is limited. If you don’t have a lot of debt that can be discharged under the bankruptcy, you may want to save the filing until you really need it.

Bankruptcy law is complex. Although money is tight already if you’re considering bankruptcy, it is a good idea to get help from an experienced bankruptcy lawyer. Going through the process with an advocate will help ensure that you are getting the most from your bankruptcy and will protect your rights. Contact a bankruptcy lawyer in Clearwater, FL to give you information about the best steps for your situation.

Thanks to The Law Office of Michael A. Ziegler, P.L. for their insight into bankruptcy law and how much debt is enough to file for bankruptcy.

Sadly, relationship violence is a reality in a large number of households. Sometimes, this abuse takes the form of a sudden traumatic event. Just as often, however, the domestic violence takes place incrementally, in the form of unannounced visits, angry text messages, violent outbursts, or erratic behavior.

There are, however, almost always two sides to every story. Some people may be tempted to use protective orders as weapons in divorce and child custody cases —jurors may be quick to believe that the recipient is a “bad person.” Moreover, since a final protective order lasts up to five years and generally forbids all contact for any reason, in addition to other restrictive provisions, violations are almost inevitable.

Obtaining a Protective Order

A person can request a temporary protective order be issued against another family member, and the law broadly defines this term to include:

·       A current or former spouse

·       The mother or father of your children

·       Anyone related by blood or marriage

·       A person with whom you had, or have, an “intimate relationship”

The judge normally issues a temporary protective order on the same day it is requested. Although some of these items may require an additional hearing or evidence other than the petitioner’s affidavit, a temporary protective order may:

·       Order the recipient to remain away from you, your children, and other specified family members

·       Exclude the respondent from your home

·       Obey existing court orders

·       Prohibit the respondent from owning a gun

A final order may include additional provisions, such as payment of restitution or medical expenses and participation in an anger management, substance abuse, or other program. A temporary protective order takes effect once the respondent is served — typically, either the police department or a private process server handles this aspect.

The Hearing

A temporary order usually remains valid until the hearing date. At the hearing, respondents basically have two options:

·       “On Consent” Agreement: The respondent agrees to the entry of the protective order but admits no wrongdoing. Therefore, the final order is enforceable, but it cannot be used as evidence in any subsequent child custody or other proceedings; or

·       Trial: The petitioner must prove emotional, verbal, and/or physical violence by a preponderance of the evidence, or more likely than not.

A partial agreed order may also be an option; for example, respondents may sign an on-consent order if they retain some visitation privileges.

Contact a Divorce Attorney

If you are a victim of domestic abuse – or your spouse has accused you of domestic abuse, you do not want to go through this process without an experienced domestic violence lawyer in Fairfax, VA.

Thanks to May Law, LLP for their insight into family law and domestic abuse.

The Spokesman-Review reported that recent weather contributed to 47 crashes across the Spokane area in one day, including one of the biggest collisions in recent memory with 38 vehicles.

Just before the large-scale crash on Interstate 90, light snow and mist became heavy snow and frozen fog for about ten minutes due to weather changes. This dropped visibility from 1.5 miles to about a quarter of a mile; the roads were also slick as just over a half-inch of snow fell.

A total of 127 different vehicles were involved in the 47 crashes, and 35 of them happened right on I-90. Luckily, despite all of the accidents, only six people had to go to the hospital and they all had non-life-threatening injuries.

The accident involving 38 cars happened on westbound I-90 close to Geiger Boulevard in the city of Spokane. It was the biggest crash Washington State Patrol Trooper and spokesperson Jeff Sevigney could remember, and this was also true of other officials the spokesman talked to. Sevigney himself has been part of the Washington State Patrol for more than 20 years.

According to Sevigney, drivers were not able to respond quickly enough to the rapid change in conditions. He also noted that they were fortunate there were not any serious injuries despite the total number of cars involved.

For comparison, the Washington State Patrol responded to 39 accidents caused by weather conditions in March of this year, and there were 90 weather-related accidents on one day back in March of 2006, although nearly all of those involved just one car. Sevigney said he had been involved in large serious crash investigations before, the biggest of which involved 12 cars, but never one of this size.

The damage from the 38-car pileup ranged from minor body dents to completely totaled vehicles, according to Sevigney. At one point in the operation, the Washington State Patrol had sent all of its tow trucks, and some tow truck drivers had to keep going back and forth to get cars due to the sheer number on the road.

Local auto shops in the area are prepping for an influx of cars over the next few days as people begin to work with their insurance providers. According to one local auto body shop, a job can be as little as $400 for a damaged side mirror or as much as $35,000 if the car is completely totaled.

Over the holiday commutes this season, the Washington State Patrol is going to have regular patrols out to assist drivers and cut down on accidents related to the weather. They are also taking part in a border-to-border DUI enforcement campaign that is being conducted by agencies from Washington to Montana.

Bad weather can be a cause of driving accidents, but so can the combination of unprepared or distracted drivers and poor driving conditions. If you’ve been involved in a car accident, you can speak to an experienced car accident lawyer in Denver, CO about your case and your rights.

Thanks to Richard J. Banta, P.C. for their insight into personal injury claims and car accidents.

People may need workers’ compensation for many different things. A slip and fall could send them to the hospital for a broken arm, or a car accident while completing work-related tasks could land them with a broken clavicle. Whatever the cause, a good workers’ compensation lawyer, like a NY workers’ compensation lawyer, will want you to know that if you have a valid claim for workers’ compensation and your employer is trying to deny you this compensation, he or she will fight on your behalf. 

In some cases, even if your employer may believe what happened, but their insurance may deny it saying that you need more evidence for your injuries or that it does not sound like your injuries happened while you were working. Whatever the case is for your workers’ compensation denial, know that a good lawyer is there to help. 

Arguing It Is Not Work-Related
Saying that your injury is not work-related is something that many employers or their insurance companies like to argue. If there is any chance that you may not have been working or that you were punched out at the time, you may find you have a hard time getting your workers’ compensation claim accepted. If the insurance company can show that you were not technically working, then they do not technically owe you money. When this is the case, know that your workers’ compensation attorney will be gathering evidence to show that a work-related task directly caused you to become injured.

You Left the Job
If you are not at the same job anymore for some reason — whether you quit, your boss fired you, etc. — and are filing this claim, their company’s insurance will probably deny it quickly. There are many valid reasons that you may not have filed your claim until you left your job. Certain possible scenarios could be that you did, in fact, report the injury to your employer and they forgot to file the report, or you reported your injury but there was workplace retaliation and your boss intentionally did not file the claim. While it will depend on which state you are in, it is possible that you still qualify for workers’ compensation and that your workers’ compensation attorney can help you with this claim denial.

Your Claim Does Not Meet State Guidelines
This depends entirely on the state you are in. For example, if you have a repetitive motion injury and you file a workers’ compensation claim for it but the insurance company denies it, this may be because they do not typically cover this kind of claim. Your attorney will look hard at the evidence and your injuries to see how he or she can help you receive benefits when you are injured. 

While many places of employment do carry workers’ compensation benefits, that does not mean you will automatically get these benefits when you are injured on the job. If your employer or their insurance company has denied you of these benefits, reach out to a good attorney to see what he or she can do to help you.
Thanks to Polsky, Shouldice, & Rosen, P.C. for their insight into what you should do if your employer disputes your workers’ compensation request.