Child Custody in Military Divorce

Jun 1, 2014 by

Among the most important, and often contentious, aspects of divorce is child custody. An article on The Majors Firm website characterizes divorce as a highly emotional and stressful undertaking, and this applies to military divorce as well. Military divorce in the U.S. has many special issues because of the peculiar nature of the family life of an active duty member of the military, and that includes child custody. Consequently, spousal and child support matters are also affected.

Military couples and their children are often move about depending on the current deployment of the military spouse. Non-military spouses find it difficult to obtain and sustain employment precisely because of these frequent moves, and are often compelled to stay at home when there are children to provide them with the care they need. Because of this, the issue of child custody and financial support is not such a big problem when it comes to the terms of the divorce settlement, in contrast with civilian divorce cases.

In general, the stay-at-home spouse is granted child custody not only because that spouse has been the primary caregiver but also because the military spouse is always being deployed and may not even come home for a prolonged period. As a result, the military spouse rarely seeks or is granted sole custody of the children.

Because the non-military spouse is typically dependent financially on the military spouse, spousal support is commonly granted for a limited period until the stay-at-home spouse is able to find alternative housing and employment.  As to child support, some non-military ex-spouses feel that since they bear most of the child-rearing responsibilities as the military ex-spouse is unlikely to make regular visits, they should get larger child support payments.

There are other issues pertaining to military divorces that are not usually present in civilian divorces such as retirement and survivor benefits. It is important that the lawyer retained to protect the interests of both spouses have experience in dealing with military laws that pertain to divorce.

Going through a military divorce is stressful, especially when kids are involved. If you are going through a divorce and need legal representation for your child custody case, contact a Raleigh divorce lawyer such as the Marshall Taylor Law Firm by visiting the website: http://www.marshalltaylorlawfirm.com/.

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“Whore Contest” or Beauty Pageant?

Feb 16, 2014 by

The triumph of Megan Young as the first Filipina to win the Miss World crown almost came to naught when Islamic hardliners animadverted bitterly on the show of flesh as “pornography.”

Originally slated to be held in part at the 10,000-seat Sentul International Convention Center (SICC) in Sentul just outside Indonesia’s capital city of Jakarta, it was determined that it was safer to hold the entire Miss World event in southern Bali at the Bali Nusa Dua Convention Center (BNDCC), which could accommodate only 2,000.

Among the protesters was the Indonesian Ulema Council, which claimed that the contest was not in line with Islamic teachings. The Islam Defenders Front as well as the Islamic People’s Forum were also not shy about their disapproval of the pageant, and demanded that it be cancelled. To appease the protesters, Miss World organizers took out the traditional swimsuit portion of event, but it was not enough. So instead of having the finals at the much bigger SICC, the coronation was held at the BNDCC.

Vania Larissa, the representative of Indonesia in the Miss World Pageant, won as Miss World Talent 2013 and was one of the top 10 finalists. The representatives of Cape Verde, Suriname and Uruguay did not attend the event.

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Yasmin Side Effects

Feb 3, 2014 by

There is nothing more joyful, or more terrifying, than having a child. A child born of loving, stable and responsible partners can only enhance an already great relationship. But when there are difficulties in the way, such as financial straits, a career, or emotional instability, the right thing to do is to exercise birth control. In many cases, it is the women who bear most of the responsibility for preventing unwanted pregnancies, perhaps because they will also have to carry the child to term. The most popular, because it is the easiest, is with the use of birth control pills, and one of the most popular of these pills when it was introduced in 2001 is Yasmin.

It is not the ideal solution, because even the most advanced (fourth generation) birth control pills still have side effects. In general, these side effects include breast tenderness, mood swings, weight gain, and spotting. On the other hand, birth control pills have been known to be efficacious in controlling moderate outbreaks of acne.

Birth control pills typically include progestin and estrogen which interrupts or prevents ovulation. Fourth generation birth control pills such as Yasmin include drospirenone, a manmade version of a naturally-occurring steroid hormone called progesterone. When it first came out, birth control formulations containing drospirenone was touted as the safer alternative to other oral contraceptives because the severity of the side effects were reduced and the human body could tolerate it better.

It was not long, however, when a bigger danger than a little weight gain emerged with the use of Yasmin. Reports began to come in that Yasmin was apparently causing blood clots to form suddenly in its users, about six times more than other oral contraceptives. This can lead to serious, potentially fatal, conditions such strokes, myocardial infarction, pulmonary embolism, or deep vein thrombosis.

If you or an immediate family member has used Yasmin and suffered serious injury, consult with an experience product liability lawyer. You could be eligible to file a Yasmin lawsuit against manufacturer Bayer HealthCare Pharmaceuticals.

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Concerns for Workers

Feb 2, 2014 by

Getting hurt at work is probably not the main concern of employees when they go to work every day; they expect to be able to come home safe at the end of the day. The primary concern is having a job to go to, not a given in today’s economic environment, and to be paid fairly and regularly.

Because of the uncertainty of the job market, some employees are afraid to report an employer who fails to pay overtime wages. Unpaid overtime is a violation of the Fair Labor Standards Act (FLSA). While this is understandable, employers should not be allowed to take advantage of their employees. With the help of an experienced FLSA lawyer, the employee can assert his or her rights to overtime pay without fear of retaliation.

On the other hand, even with a fair and conscientious employer, a worker may be out of luck. Workplace injury does not only mean being in an accident such as getting a tie stuck in the shredding machine or having a thumb smashed with a hammer. There are some types of injury that can sneak up on one from the daily grind. An example would be carpal tunnel syndrome, a rising concern with many office-based workers, and back pain, which can affect both white collar and blue collar workers alike.

These are debilitating conditions that can effectively disable an employee just as much as an active injury such as broken bones. Fortunately, such injuries that take place in the workplace are eligible for a workers’ compensation insurance claim, which will replace lost income during recovery as well as medical bills.

It may be difficult for employees under certain circumstances to make a claim, however. In most cases, the employer or the insurer will challenge the eligibility of an injury to minimize their exposure. When this happens, it would be advisable to consult with a Fayetteville Workers Compensation Lawyer as soon as possible to iron out the kinks in the works. An attorney will be able to guide you through this difficult time in a professional manner.

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Effects of the BP Oil Spill

Jan 30, 2014 by

It seems that one of the effects of the BP oil spill is the inability of the judicial system to decide whether the terms of the Economic and Property Damage Class Action Settlement Agreement should be reviewed of not. BP is the principal operator of the Deepwater Horizon oil rig which exploded in April 2010, spewing millions of barrels of oil into the waters of the Gulf of Mexico. It has been described as the worst environmental disaster in the history of the petroleum industry.

After a panel of judges of the 5th Circuit of the Court of Appeals decided to uphold the December 2012 ruling of Judge Carl Barbier that qualifications for businesses making an oil spill economic loss claim against the settlement did not have to show causation, a different set of judges decided the opposite. Arguments and motions from the lawyers of both BP and the plaintiffs have since been filed, leaving claimants wondering just what side will prevail in the matter. Only time will tell.

A new development on the criminal side of the whole sorry mess is the upcoming trial of former BP engineer Kurt Mix. Mix was first arrested for criminal charges in April 2012, two years after the oil spill. He stands accused of two counts of obstruction of justice by intentionally deleting text and voice mail messages pertaining to estimates of the amount of oil that was at that time still spilling from the oil rig. More former BP employees are scheduled for criminal prosecution. Concealing or interfering with any sort of evidence is a crime. Depending on the severity of the obstruction, individuals may end up serving up to five years in prison for tampering or hiding evidence. Other crimes dealing with drugs may send a person to jail for 40 years if evidence has been tampered or hidden.

Despite these developments on the legal and criminal front, the adverse environmental and health effects of the BP oil spill continue to linger in the affected areas on the Gulf of Mexico for which there is no quick solution or clever argument. The best that the victims can do is to hope to get some compensation to help them get back on their feet. Legitimate claimants may get some relief by filing a claim outside the Settlement. Consult with an experienced BP oil spill attorney to more fully explore your options.

 

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Trends in Hair Coloring

Jan 28, 2014 by

About three-fourths of women in America have hair coloring treatment done at one time or another. It has become so prevalent that in 1968 the U.S. government ceased to require passport holders to put down their hair color.  For some it is a way to conceal gray hair or discoloration from other hair treatments; for others it is a fashion statement. Whatever the reason, it has been a practice that has its roots in ancient times.

Evidence of the practice of hair coloring using henna (a plant-based dye) by Egyptians to darken the hair was found by archeologists as far back as 1500 BC. Hair color has always been considered an important status in history. Red was considered to be both socially and culturally significant, while in other eras, blonde was considered de rigueur, although the color also had far from flattering implications. There is supposedly and actual study conducted with a $51,000 grant that attempted to prove whether blondes were actually dumb; results were not available. Today, the trends are far more eclectic, the choice depending more on how well it goes with the skin color than what is the most popular.

Hair color trends today still tend to be highly influenced by celebrities, however. Aside from the usual brunette, red and, blonde (platinum and “bronde” or brown blonde) that look fabulous on popular actors, two-toned coloring styles and highlights are also taking center stage. Ombré (gradients from dark to light or light to dark), dip-dyes (only the tips are colored), and balayage (naturalistic highlights) are hankered after by the typical fashionista, while bright, Kool-aid type colors in streaks and washes are sought after by the younger set.

There was a time when hair coloring agents were so strong they damaged the hair, but modern formulations are much gentler, many derived from natural ingredients. At the hands of a professional colorist, the results are trendy, healthy, and beautiful.

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Changing the Terms of Child Custody and Visitation

Jan 24, 2014 by

Divorce is the dissolution of a marriage which is final once the decree goes through. However, while the marriage is over, an agreement concerning child custody and visitation is not set in stone; it is subject to changes in circumstances that may significantly impact on the best interests of the child. When this happens, it is possible to make changes to the terms of the child custody agreement even after the divorce has been finalized, until such times as the child achieves independence.

Modifications in child custody and visitation can be initiated by either parent and ideally, both should agree to reasonable changes in the original agreement so that it can be presented and approved by the court. According to the website of the Law Offices of Baden V. Mansfield, changes in the agreement regarding visitation could mean shorter or longer visitation periods, arrangements for holidays, or altered days of visits. If the parents cannot agree, the courts may have to be petitioned to intervene.

In most cases, a modification is requested because of a change in circumstance that has an effect on the child. This could be due to altered financial capability, health status, domestic arrangements, geographic location, or relationship states. Whenever the change of circumstance can reasonably be expected to cause some type of harm to the child, a modification in the agreement can be entertained. In most cases, the changes affect the stability of the child’s home life.

Modifications in child custody and visitation agreements are usually petitioned in the court where the original agreement was approved, although not all states require it. However, what remains constant is the need for the assistance of a child custody and visitation lawyer to protect the rights of each parent and the child during the modification process. Family law is complex, and requires the knowledge of an experienced practitioner of family law to successfully work with it to the client’s best advantage.

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