How Child Custody is Decided

Apr 24, 2017 by

How Child Custody is Decided

Divorce is a lot of things. It is emotional. It is a time and money drain. And it is a legal nightmare. According to the website of these Austin divorce attorneys, there is a variety of issues that needs to be settled in the divorce process, such as distribution of property, child custody, spousal support, and child support.

Arguably the most stressful of all is child custody, because we are talking about your children here, and the possibility of compromising your relationship with them just because you and your spouse don’t get along anymore.

But how is child custody decided? First, you must understand that there are different kinds of custody. The website of Higdon, Hardy & Zuflacht enumerates them as physical, legal, joint, sole, and split. Physical custody is about who gets the child. Legal custody is about who can make decisions for the child. Joint custody is about both parents sharing time with the child. Sole custody is about a parent gaining both physical and legal custody. Split custody is about siblings being separated between the parents.

What kind of custody is going to be implemented depends on a case-to-case basis, but one core idea rules them all – it is for the best interest of the child. Below are just some of the factors that may influence the child’s best interest:

  • The family’s living standards
  • Both parents’ capability to provide for their child
  • Both parents’ earning capacity
  • Each parent’s expenses in case of granted custody
  • Each parent’s history of abuse and neglect in the household
  • Each parent’s history of crime
  • Each parent’s relationship with the child
  • Each parent’s sacrifices during the marriage
  • The child’s age
  • The child’s preferences
  • The child’s specific needs, such as for disabilities and medical conditions

Child custody is such a complicated matter that there are legal professionals who solely focus on them, such as those from the Law Office of Andrew A. Bestafka, Esq. This is understandable, because each parent in a contested divorce will fight for his or her best interest, including the custody for the children involved.

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City Driving

Feb 4, 2017 by

Large cities and metropolitan areas are known their heavy traffic and grueling rush hours. Unfortunately, high rates of automobile accidents are often linked with these areas of heavy traffic. Why exactly is city driving so difficult and dangerous? The Philadelphia personal injury lawyers at Zavodnick, Zavodnick & Lasky, LLC, explain how these population-dense areas are located directly in the crosshairs of major highways and drivers tend to be reckless and negligent. Heavy city traffic leads to frustrated drivers, who in turn, tend to drive very aggressively. Also, the traffic in cities is mostly due to the daily commuters. Early morning commuters who know their route well tend to be overconfident. These drivers often multitask while behind the wheel; they’ll read, eat, or put on makeup while driving. Distracted drivers are unsafe drivers, especially in dense city streets, and are a major cause of car accidents. Additionally, commuting through traffic makes drivers tired and a tired driver is never a safe driver.

According to the National Highway Traffic Administration’s Fatality Accident Reporting System, the five most deadly and dangerous cities to drive in are New York, Los Angeles, Phoenix, Dallas-Fort Worth, Houston, and Chicago.

So, how can you stay safe while driving in a big city? There are a few key rules to follow.

Always maintain a proper distance between your car and the cars around you. This becomes critical and challenging during rush hour. It is important to be aware of pedestrians and cyclists surrounding your car, who might not be as cautious as you are. Taxis can also be unpredictable; they tend to drive aggressively and make many abrupt stops. Be sure to always stay alert and drive carefully around taxis.

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Understanding Sexual Battery 101

Aug 26, 2016 by

Forcing someone to have sex is a crime. In legal parlance, threatening or coercing someone to have sex is called sexual battery. According to the website of the Nashville sexual offense lawyers at Horst Law, sexual battery is sexual contact with any person through coercion or force. Usually, the action does not have the consent of the alleged victim. Sexual battery does not have to involve penetration or sodomy. It may involve just touching of an intimate part of the body.

Like other sex crimes, sexual battery involves lack of consent. Sexual conduct becomes a criminal act when sexual touch is not consented to because the action was against the will of the victim or is incapable of giving consent or reduced mental capacity to consent. To prove sexual battery, there are three elements that need to be present. First, there should be use of force. The defendant must have resorted to violence to force the victim to have sex with them. The factors surrounding the event will be investigated by the court to determine if there was indeed a threat.

The second element involves victims with limited mental capacity. A victim who has a mental defect cannot give their consent. In some states, the focus of the court will be on permanent mental deficiencies while some courts will protect victims of temporary mental deficiencies such as those drugged or intoxicated the victim.

The third element involves the age of the victim. Each state has set their own age of consent. In some states, the set age is sixteen while in others it is fourteen. The defendant can be charged with sexual battery if the victim is underage even if the victim agreed to the sexual contact. In some states, however, sexual contact with a minor above a certain age can only be considered a criminal act if the offender is older than the victim by a certain number of years.

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Avoid Getting Your Driving Privileges Suspended by being Insured

May 23, 2016 by

Drivers in the U.S. face the risk of having their driver’s license (and driving privileges) suspended if they are caught driving or get involved in an accident without auto liability insurance. Thus, showing proof that they have insurance coverage is necessary every time they renew their driver’s license and vehicle registration.

In the 38 “tort” or “fault” states, drivers are required to have the tort insurance coverage. In this type of insurance liability system, it is the car insurance provider of the driver liable in an accident which pays the innocent accident victim the compensatory damages. If the compensation is not enough to fully cover all the damages and losses suffered by the victim, then (victim) has the right to file a civil lawsuit against the at-fault driver for further claims. If both drivers, however, are proven to be partly at fault, then both pay each other, the amount of payment being based on the degree of their accountability in the accident. Compensation should cover cost of medical treatment, wages lost, and pain and suffering.

In 12 other states (known as “no-fault” states), the type of policy which drivers need to carry is the “no-fault” insurance coverage, an insurance liability system wherein drivers involved in accidents are paid by their own car insurance providers, regardless of who is at fault in the accident. These 12 states with the no-fault auto insurance laws include Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania and Utah.

New Hampshire is, so far, the only state where drivers are not required to carry auto liability insurance, unless he or she has committed a serious traffic violation, like DUI or reckless driving, or has injured/killed someone in an accident where he or she is at fault. Without having committed any infringement in traffic rules, then filing an SR-22 or depositing securities or money with the state treasurer would be acceptable alternative to auto insurance coverage.

While carrying car liability insurance coverage in Virginia is a prerequisite to driving, the state, nonetheless, allows drivers to pay the state’s Department of Motor Vehicles (DMV) the required uninsured motor vehicle fee in lieu of purchasing an automobile liability insurance policy.

Despite being a mandate, more than 29 million drivers, according to Insurance Research Council (IRC), continue to drive without car insurance for the simple reason that they find car insurance premiums a costly burden. The website of Hankey Law Office, P.C., however, tells drivers that being uninsured can prove to be much more costly than being covered, especially if they cause an accident. The firm also says that, by going online and requesting an independent firm for insurance quotes, then drivers will definitely find a policy that provides the kind of coverage that they need at a cost that will not hurt their pocket. Besides, asking for quotes and shopping for an insurance policy online is also much easier, faster and more convenient than personally going from one provider to another only for the purpose of comparing prices.

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Construction Sites and Electrical Hazards

Nov 29, 2015 by

When a property owner or general contractor sets up a work-site, they should be taking the appropriate precautions to avoid electrical hazards from showing up throughout the construction procedure, especially carefully. Nevertheless, this will not always occur, letting electric hazards by neglecting to observe to the safety of the site or to look through the entire building procedure, either from blunders made in planning the worksite itself.

Causes of Electric Peril Injuries

A harm from an electric risk may cause serious damage to a person’s internal tissue as well as harmful and very painful burns off in the purpose of contact. These injuries may require immediate medical care, which could show very expensive in several scenarios.

According to the website of Habush Habush & Rottier S.C., electrical dangers are not particularly unusual in construction function due to working closely with wires that are exposed or electric traces. Whether operating from nearby posts or underground, electrical lines must be clearly marked or blocked off throughout construction. In some cases, closing off particular lines’ electricity completely is mandatory. Failure clearly makes dangerous electrical risks understood or to provide workers with appropriate safety gear can result in harms that are quite significant.

Along with close proximity to electric lines, injuries might occur because of electrical flaws in resources and automobiles. Damaged wiring plus a deficiency of proper maintenance could make an otherwise safe instrument or car a possible risk for causing electrocution or making sparks.

Where to Go for Assistance that is Legal

Because labor law, section 200, states that the general contractor or property owner is to blame for providing employees using a safe work site, they may be held financially liable should there be an employee injured by means of a risk of which they should happen to be fairly aware.

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