The Law: My First True Love

Divorce 101: 3 Tips To Prove That Moving Is Worth It

A divorce is often a transition period in life. With it might come new opportunities in other cities or states. Unfortunately, moving with children during a divorce can be tricky. If you cannot work out an agreement with your spouse, you might be required to attend a court hearing.

While this might sound scary, it isn’t necessarily a reason to fret. During this hearing, you’ll just need to prove that the move will benefit both you and your children. So how can do you this? Here are three tips:

1. Better Financial Opportunities

Moving to improve your financial situation is a valid reason. Unfortunately, you will need to prove this to the court. The best way to do this is to gather all information you can about your new position and present it. Ideally, have documents handy that state your new salary. If you have a contract with your new job, you should bring that as well. These documents will prove to the court that moving is beneficial to you, your children, and your family.

2. Improved Support System

Undergoing a divorce without a support system can be devastating. Without a good support system in place, you might wind up missing important moments in your child’s life. You might also struggle to make ends meet. Fortunately, moving to be closer to family is a valid reason that most courts will recognize. While you might have to argue, there are several good points you could bring up such as improved child care, family assistance, and better family relationships.

3. A Fresh Start

Another valid reason to move after a divorce is to get a fresh start. Whether the divorce was messy or you simply have ties to the area you are living, moving to get away and start fresh is a valid reason. However, you will need to prove to the court that the move will be beneficial. There are a number of ways you can do this, but some good reasons include great community activities, better jobs, improved medical facilities, or even better schools. All of these can be used to argue your case that moving will be good for both you and your children.

As you can see, there are several good reasons to move after a divorce. While proving that a move will beneficial can be tough, it’s not impossible. With these tips and a skilled divorce attorney, such as Kenneth J. Molnar Attorney, you can prove to the court—and your spouse—that moving will be good for everyone involved.

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4 Steps To Take After You Slip And Fall In A Convenience Store

A quick trip into a convenience store to pay for gas or purchase a snack can become a disaster if you slip and fall inside the store and are injured. If negligence on the part of the store caused the accident, you may be entitled to a financial settlement to pay for your medical bills and lost wages due to missing work because of your injury. In some situations, you may also be awarded money to compensate for any pain and suffering the injury caused you. But if you want to get the settlement that you deserve, you need to be diligent. Take the following steps after you are injured in a slip and fall accident at a convenience store:

Document the Scene of the Accident

The camera on your cell phone is a great resource after you slip and fall. Take numerous photos of the area, both wide shots and close ups. If you slipped on a floor that had just been mopped but there was no wet floor sign in the area, you want to document that. Same goes for spilled soda or flooring that was in disrepair. The more detailed photos you can get that show what caused your slip, the better. These photos can serve as important evidence to help prove that the convenience store was responsible for your fall. 

Notify the Manager on Duty

After falling in a convenience store, it is important to notify the manager on duty of what happened so he or she can fill out an incidence report. This report will document all of the details of what happened, including the date, time, and what caused your fall. Make sure you do not leave the store without a copy of the incidence report for your own records.

Go See a Doctor

A slip and fall accident can case serious injuries all over your body, so it is important to see your doctor as soon as possible after the accident so you can get treatment. Medical care is very important for your recovery, and your medical records from the visits may also be considered when it is time to discuss your settlement from the convenience store’s insurance company.

Contact a Personal Injury Lawyer

Settling slip and fall accident cases can be quite complicated, since you have to prove that the store was negligent. It is in your best interest to hire an experienced personal injury lawyer if you want to get a fair settlement. Your lawyer will be able to build up a case proving that the store was at fault by using your photos, the incidence report, and video of the fall if it was captured by a surveillance camera. After your lawyer proves fault, he or she will have the skills needed to negotiate on your behalf to secure a good settlement. 

For more information, talk with a personal injury lawyer or visit websites like http://robertkanerlaw.com.

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Types Of Child Custody And What It Means For Each Parent

If you are in the middle of a divorce and children are involved, you and your former spouse are going to have to come up with a custody arrangement that works for both of you. Depending on the living situation of both parties, and the ability of both parents to provide adequate care, a parenting plan will need to be created. If the children are older, their wishes should be taken into consideration as well. Whether you share physical custody and equal parenting time, or you have visitation every other weekend, a parenting plan should address all custody and visitation issues regarding the children.

Shared Legal and Shared Physical Custody

When both parents share physical and legal custody, both parents are responsible for making major decisions for the children. In general, both parents will share equal parenting time with the children, and both parents will be responsible for getting the children to school, to medical appointments, and will provide for their overall well-being. This type of custody arrangement works well when parents share similar ethics when it comes to raising the children, and they are able to make decisions amicably.

Shared Legal and Sole Physical Custody

Shared legal custody means that both parents are legally responsible for the children, but the parent with sole physical custody spends more time parenting the children. This can be a workable arrangement for parents when they want to keep the children in a particular school district, or one parent wants to move. Both parents still share legal responsibility for the children, and the parent without physical custody can have liberal visitation with the children. This type of arrangement is helpful when there are young children, and they are remaining in a family home with one parent. 

Sole Legal and Sole Physical Custody

When a parent is granted sole legal and sole physical custody of the children during a divorce, this is generally due to an inability to parent the children. Whether the parent is incarcerated, missing, or otherwise unavailable, sole legal and physical custody means that the parent with the custody makes all of the decisions regarding the children. The parent with sole physical and legal custody is responsible for the day to day care of the children, and for providing for all of their needs. 

If you are in the middle of a divorce and you are sure what type of custody to pursue, it’s time to sit down with a child custody lawyer to discuss your options.  

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Child Custody And The Best Interest Of The Child

If you and your former spouse cannot agree on what is best for your minor child, the family court will be forced to step in and make the decision for you. While it is always best for parents to get along well enough to work issues like this out before going to court, sometimes a judge’s decision is necessary. Judges use several factors to determine who should get custody, but chief among those factors is the “best interest of the child” guideline. A good understanding of what this means to your child custody case is vital, so read on to learn more and be prepared for the outcome.

Relationships

Even when you and your spouse cannot agree on child custody, the judge takes a careful look at how well you can function together to make any custody agreement work. A key indicator of good parenting is how likely that parent is to foster a good relationship between the child and the non-custodial parent. Parents who resort to name-calling, dramatic emotional outbursts, and manipulation don’t win any points with the judge. Judges are instead looking for a mature, thoughtful, and emotionally well-balanced parent to take physical custody of the child. Judges often gravitate toward the more level-headed parent, assuming that parent will be more likely to take the best interest of the child into consideration.

The Family Home

While it may not seem fair, the parent who retains the family home is often given more consideration over the other parent. Divorces are extremely disruptive to children, and moving from a familiar home and neighborhood only adds to the burden that child must bear. For the parent not awarded the home or if both parents are leaving that home, ensure that the new home is safe and appropriate for your child. While a friend’s offer to let you sleep on their couch may save you some money, it is not very likely to be appropriate for your child.

Age of the Child

In the past, babies and young children were almost always placed with their mothers. Nowadays, however, judges no longer routinely place those children with the mother, since both parents are more likely to work outside the home and gender stereotypes about who makes a better parent have largely disappeared. That said, the statistics still demonstrate a bias against placing children with fathers.

Consult with your divorce attorney for more information about how child custody is decided and to ensure that you understand how using the “best interest of the child” edict can lead to a successful custody bid. Go to sites like this for more information.

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Refuting Common Misconceptions About Personal Injury Lawsuits

Unfortunate accidents can be an unavoidable part of life, and while these events can be financially devastating to many people. When you have been a victim in one of these accidents, it is important to note that you have the right to file a lawsuit against the party that is responsible for your injuries. While it is common for victims to be hesitant about filing lawsuits, it should be noted that this can be the only way that you can receive the compensation and justice that your injuries deserve.

Myth: Your Attorney Always Wants To Go To Trial

It is a particularly common assumption for accident victims to assume that their attorney will want to take their case to trial. While this may seem like it would make logical sense, it is far from the truth. Many attorneys will attempt to avoid immediately trying to get to trial in favor of negotiated settlements. A trial can be a long and expensive procedure, and there can be great uncertainty in the outcome. By working to come to terms on a negotiated settlement, it is possible to minimize these uncertainties and expenses, which can be beneficial to both the client and the attorney.  

Myth: You Have To Wait Until The Case Is Filed To Seek Care

Seeking medical care for serious injuries can be an expensive affair for victims of these cases. Unfortunately, there are many individuals that make the assumption that they will not be able to seek care until their lawsuit is filed or settled. Often, this belief stems from the idea that they should wait to receive treatment to help prove their injuries. However, this is unnecessary as the medical care provider will retain copies of the treatment logs for the patient. Another source of this belief may be that the patient will be unable to afford these treatments. Luckily, many attorneys can help arrange for treatment for their clients while the case is being addressed. This can be done by either negotiating a delayed payment for an independent provider or using a doctor that works with the attorney’s patients.

Accident victims need to understand their full range of rights to ensure that they are able to effectively fight for justice against the individuals that are responsible for their injuries. Sadly, it can be difficult for you to be informed about your options in these cases when you give credit to common misconceptions about these legal matters. Having an appreciation for the fact that your attorney, such as Boucher Law Firm, may be able to resolve the matter without a trial and that you do not have to wait until the matter is resolved to seek care can help you to make better decisions.

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3 Ways You Can Avoid A Challenge To A Power Of Attorney

A financial power of attorney gives an appointee the power to manage your finances in the event that you are incapacitated. The decision of who will be named the appointee is up to you, but there might be some backlash from your family. If you want to avoid any challenges to your power of attorney, here are some ways that you can. 

Use Witnesses

Even if you live in a state that does not require you to sign your financial power of attorney in front of witnesses, you need to have at least two on hand. The witnesses can not only be sure that you are in good condition to agree to the terms of the document, but they can also testify in court if the document is challenged by family. 

Make a Recording

When it is time to actually sign the financial power of attorney, you can make a video recording of the proceeding. In the event that the document is challenged, your attorney can present the recording in court. 

The recording cannot substitute for the financial power of attorney or any other estate planning documents, but it can help to show the mental and physical condition that you were in at the time of the signing. 

It is important to note that your appearance and behavior could be closely scrutinized in court. Even the smallest twitch could be painted in an unflattering light by your family. Review the recording with your attorney to ensure that it will stand up in court. 

Request a Doctor’s Statement

Before the signing of the document, ask your doctor to sign a statement that details your mental and physical condition. Ideally, the statement should be created as close to the date of the actual signing as possible. 

If your family does challenge the financial power of attorney, the doctor’s statement can be used to rebut any claims that you were not mentally or physically able to make decisions. You can go the added step of discussing the possibility of testifying with your doctor. If the family argues that the statement is not enough, your doctor could provide additional insight into your overall health. 

Consult with your estate attorney (like those at Albert & Slater PS and other firms) to learn other ways that you can ensure your financial power of attorney is honored by your family. He or she can also assist with other aspects of your estate planning so that your plans are legally sound according to your state’s laws. 

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Standing Up To A Speeding Ticket: 2 Pieces Of Information That Could Help You Get Your Ticket Dismissed

Drivers throughout the United States dread the thought of receiving a speeding ticket. It’s estimated that 65 speeding tickets are issued each minute, and the average amount of money a ticketed motorist can expect to pay for a speeding ticket is $150.

If you plan to fight any speeding tickets you receive in the future, having access to the right information could be critical to the success of your case. Here are two pieces of information you need to gather if you want to have your speeding ticket dismissed in court.

1. Information regarding the make and model of the radar gun used by an office to clock your speed.

Police officers frequently use radar guns to clock the speed of passing motorists. While radar guns are designed to be accurate to within plus or minus one mile per hour, there are many different factors that can affect the accuracy of an officer’s radar gun.

By asking the officer who pulled you over for the make and model of the radar gun used, you will be able to request a user’s manual for the unit online. This manual will tell you how often the gun should be calibrated for accuracy, and you can use this information to determine if the officer followed the manufacturer’s recommendations in caring for his or her radar gun.

A gun that hasn’t been calibrated properly can’t be trusted to measure speed accurately, so proving calibration negligence based on the make and model of the radar gun used to clock your speed could help you prove that your ticket should be dismissed.

2. Subpoena records pertaining to your citing officer’s training history.

Because radar guns are complex instruments, police officers are required to have specialized training in order to successfully use them in the field. Requesting the training record of the officer who issued your speeding citation could provide you with the information you need to have your ticket dismissed.

Minimum training standards are dictated by federal guidelines and The International Chief of Police Association, and the state in which your ticket was issued might have additional training requirements that must be met.

Working with an attorney who has experience fighting speeding tickets can be beneficial when it comes to proving that training standards weren’t met by the officer who issued your speeding ticket.

Fighting an erroneous speeding ticket in court doesn’t have to be impossible. By arming yourself with the radar gun manufacturer’s calibration recommendations and the citing officer’s training history, you can successfully prove that your speeding ticket was issued in error. click here for info on speeding tickets.

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