Category Archives: Law

A Quick Guide to Child Custody and Why You Need a Lawyer

Couple arranges custody for little girl

Couple arranges custody for little girlDivorce can be financially stressful at some point, but what’s more difficult about it is the emotional stress involved. This usually happens in cases where the divorcing parties are not able to settle their issues. The process is not just about ending the marriage, but also involves other key issues relating to their family.

Child custody, for instance, is one of the most important aspects to look into. It often ends up a big issue when the divorcing spouses are both interested in being the custodial parent. Divorce sometimes leaves children vulnerable, but thanks to family law, the court is always after the child’s “best interest.” Here are some important things to know about child custody, according to family law attorneys in Albuquerque.

Hiring a Lawyer

In many cases, hiring a divorce attorney is not enough to tackle family law issues. Good thing, family law firms also have lawyers specializing in child custody to provide assistance and resolution. Child custody attorneys assist divorcing couples in coming to an agreement regarding the custody terms. They also may serve as a mediator, facilitating a healthy and fair dialogue between two parties.

Complex custody cases such as an interstate case also require the help of a competent lawyer. Family law differs from state to state, that’s why it’s important to hire a lawyer with extensive experience on the matter. A child custody lawyer must also serve as your legal representative, guiding you through the technicalities of the pertinent family law statutes and court proceedings.

Other Concerns

It helps to have a basic understanding of the related topics and not let your lawyer do the homework for you. For instance, you need to know the difference between legal and physical custody. Legal custody gives you the right to decide on your child’s care and upbringing, while physical custody refers to which party the child should reside with.

Another key concern when it comes to custody is the visitation rights. These rights are given to the non-custodial parent so that they can spend time with their child. Visitation arrangements are determined by the court depending on the circumstances.

With the help of an experienced child custody lawyer, it is easier to settle things and give your child nothing but the best.

How Much Should You Spend On Disability Insurance In California?

Health InsuranceWhen shopping for the insurance premiums on disability insurance, the place where you live in the U.S. serves as one factor whether or not you need to pay higher rates.

Private insurers typically charge higher premiums based on the frequency of claims, with some states being an exception. For instance, a 2016 report showed that California is among states that have the most expensive premiums.

Insurance Exception

The report noted that only 3.1% of the population filed for claims in California during that year, yet the state was among the least affordable places for disability insurance. This stemmed from the total value of claims that were paid to patients. If you live in Los Angeles, disability insurance lawyers help those who have trouble in receiving compensation.

Not all insurance companies make it easy for clients to claim what’s rightfully theirs, so having legal counsel will be useful in preventing such scenarios. States where doctors have a higher salary also affect the rate of premiums, according to the report. Other factors include the cost of living and income levels in your state.

Cost Of Insurance

The general rule for calculating premiums on disability insurance would require you to know how much you earn, aside from your age and nature of work. The average cost may consist of up to 3% of your annual salary. If you are below 45 years old and earn at least $100,000 every year, then you may need to pay as much as $3,000 in premiums.

Take note that the risk level of your job will be another factor, which means a person working in the office may pay a lower premium than someone who is employed in the construction industry.

Conclusion

You should shop around for rates from at least three insurance providers before choosing the ideal policy. Those who encounter problems in filing for disability insurance claims should consult a lawyer, but they should specialize in dealing with insurers.

How Do HR Professionals Handle Workplace Bullying?

HR Holding a ResumeIt should be a must for all companies to provide regular employment law training for HR professionals to prevent incidents of workplace bullying, which is still an unfortunate issue at the workplace.

In some cases, it can be more complicated if the issue involves harassment. The Society for Human Resource Management (SHRM) said there are subtle differences between identifying harassment and bullying.

Key Differences

More than 60% of employees in the U.S. said workplace bullying still exists in their job environment, according to a survey. Those who have experienced it accounted for 19% of employees, while the same percentage applies to those who witnessed it.

A simple act of bullying can be defined as unlawful harassment if the perpetrator attacks the victim’s race, religion or sex. However, HR professionals should still strive to promote a healthy workplace setting. Verbal abuse can still occur even without targeting the person’s ethnicity or gender, such as intentionally making them feel isolated from the group.

Online Alternatives

Those who wish to learn more about employment laws should consider signing up for online courses. Since laws may change at some point, it’s better to enroll in a virtual course to save time and money. Traditional classes can cost more than $29,000 in some schools, while online classes may cost as low as $645.

Professionals can also complete certificates for subjects at their own pace. You can choose to study only a specific part of the law, which would be harassment or bullying in this case. For employers, it’s important to consider the benefits of constant employment law training for HR employees.

The money you spend on gaining a better understanding of HR law would be beneficial in the future, especially if you want to improve your credentials. How does your company promote a healthy workplace environment?

3 Reasons You Need a Car Crash Lawyer

Collecting evidence for insurance claimsWhen you’re involved in a car accident, the event brings with it many stresses and challenges. Included among these are injuries, damages to your vehicle, and even liability to any other party involved. All of these can be difficult to deal with, especially if you aren’t supported by a competent car crash law firm.

What can you do? As Feldman & Lee PS and other experts recommend, you hire a professional who can deal with the issue. Here are three of the best reasons why getting a lawyer from these types of firms can be highly advantageous to you.

1. Support

When you’re in a car accident, your priority should be taking care of your health. Should your injuries be serious enough, it might mean that you need to be brought to the hospital. All in all, this can incur you a high bill. Naturally, you wouldn’t want to suffer through such payments. If the accident wasn’t your fault, a competent lawyer will help ensure that the responsible party covers the expenses for you.

2. Investigation

After you’re treated and kept in better shape, you need an attorney to help figure out what’s what. Specifically, you’ll want your lawyer to be able to sift through what’s likely going to be a confusing narrative. With the experience and skill they’ve built through the years, they can ensure that everything falls in your favor. This will help you when you need to make claims or have to fight litigation.

3. Compensation

All of these things lead up to one critical end: That’s getting the proper compensation that you deserve. This can require quite a bit of argument, especially if the other party is recalcitrant and refuses to pay what is due to you. The investigation conducted and paperwork pushed play a critical role to success in this regard. Additionally, the capabilities and skills of your lawyer will help you succeed in this regard.

Get a great lawyer and you can be sure you’ll be in a great place regardless of how bad your accident was.

3 Common Mistakes That Can Cost You Your Court Case

books, gavel and scale

books, gavel and scaleEveryone makes mistakes, and those mistakes are probably why you’re in the middle of a lawsuit right now. Whether it’s a divorce proceeding or a family case, knowing what to do is essential. More importantly, being aware of all possible mistakes can give you a better chance of winning.

Representing Yourself

Though many choose to represent themselves because of their financial limitations, the results of such a decision can cost you a great deal in the end. You can end up losing more money or worse, waste your own time and effort. Also, Wellington family lawyers noted that choosing someone due to their affordable fees is just as bad. Remember that it takes experience and proficiency in both the law and the legal system to win a case.

Keeping Secrets

You’re required by law to speak the truth and only the truth, so it’s wise to let your lawyer in on every possible detail connected to the case — whether it makes you look good or not. Besides, a full disclosure gives your legal representative useful details for the case. Let them decide on what should be done with your information, cooperate with them, and follow their advice. If you’re uncomfortable with their decisions, let them know. A good lawyer will find a way to explain and assure you effectively.

Being Unrealistic

Before the court battle ends, it’s wise to be aware of every possibility. Every state has its own local regulations on property division and child custody when involved in a divorce. Even national orders regarding family law can’t guarantee you a full victory no matter how good your lawyer is. Ask your attorney for the prospects and probabilities in your case and work within those expectancies.

Court litigations are meant to settle issues between parties so they can move on eventually with their lives. Knowing what you should avoid can make a difference in the final decision. Considering this can bring a new chapter in your lifetime, so it pays to know what you shouldn’t do.

How Lawyers Help Mediate Employment Issues and Family Conflicts

Couples having conflictsSometimes it’s inevitable that problems arise between two people. Be it in marriage, the workplace, or at home, a lot may get affected by these disagreements if left unsolved. If the conflict ever reaches court level, this is where lawyers come in, to help settle disputes between parties.

Some law firms specialize in matters regarding divorce, adoption, or employment issues. Take a closer look at what they do with these three legal fields.

Employment Dispute Mediation

In the event of disputes arising between employers and employees, lawyers specializing in these cases come to talk with both sides. Common issues include discrimination, sexual harassment, wrongful termination, and the like. The workplace is stressful enough already, so it is important to hear what each side has to say so that an agreement might be made between the two.

Family Law Mediation

The relationship of parents with their children is a fragile one, especially when the kids haven’t come of age yet. Divorces may happen in a family, but lawyers can mediate between parents to avert messy outcomes. Child custody agreements can be made, in which each parent would handle responsibility for one half or all of their children.

Elder Law Mediation

Elder persons who are suffering from sickness usually have to discuss wealth management matters with their family members. This is a delicate topic that could easily break down if not discussed properly. Lawyers specializing in elder law mediation can help in these matters. Their role as mediators is to ensure that a fair process is made and the relationship of the family is maintained. Be it class action mediation or court proceedings, you can count on lawyers to assist you with these legal matters.

When Should You Call a Medical Malpractice Attorney?

Gavel and stethoscope on a table

Gavel and stethoscope on a tableHave you been injured or misdiagnosed by your doctor? Or has your doctor failed to give you the right medical standard of care that you need? These are the types of questions you should ask yourself when thinking of filing for charges for medical malpractice. But the main question you need to answer is this: What exactly falls under medical malpractice?

Medical malpractice is defined as cases filed by patients who have been harmed or injured due to poor medical treatment or having been given a wrong diagnosis from their medical provider. This can be a doctor, nurse, technician, or any hospital or medical worker.

It can also be defined as an instance when a healthcare provider deviates from the “standard of care” when treating a patient. It means your medical provider causes you injury or further illness, gives you a misdiagnosis of your ailment, gives you the wrong prescriptions or other medications, or has not properly informed you of all the possible risks or consequences of the prescribed treatment plan.

Before filing anything

Now if you have identified your situation as a case of malpractice, there are a few things that you can do before you hire a medical malpractice attorney in Oklahoma to handle your case, says Little Oliver Gallagher PLLC.

First, go to your doctor or medical provider who has done you wrong. The goal in doing this is to understand what exactly went wrong in your treatment and know if your physician can still remedy things between the two of you without having to incur you additional medical charges.

If this does not work, approaching the relevant people who can make a difference is your next step. It may be the medical board, their superior officers, or upper management. They can be the ones to take the necessary actions in the discipline of the medical provider and can give you guidance as to what to do after all this.

But if going to their superiors do not work, now is the time to call an attorney.

Getting your case taken by an attorney

Usually, a medical assessment to see if your claim has merit is one of the first things any medical malpractice lawyer will ask of you. So it is a good idea to get that before contacting one.

When you go and meet with your attorney, be sure that you are still within the timeframe where you can still file a case and lay out all your medical history and exactly what happened to you. From there, your attorney will be able to advise you on everything you need to know and do moving forward.

Take note that cases like these go on for long periods and you have to be determined to see things through for you to get a case going.

Brexit and Immigration – What are the Implications?

An immigrant

An immigrantThese are changing times and, with Brexit, it can be difficult to predict what will happen next with regards to immigration from EU countries into the UK.

At least one thing is certain – it is better to act sooner rather than later when it comes to visa applications. An immigration solicitor in London, like Saracens Solicitors, is in the best position to advise clients on where they stand in the current climate. They can also let someone know about the guidelines regarding leaving and entering the country, periods of residency and status on the basis of various familial relationships so that they do not affect their chances of a successful visa application unwittingly by changing their circumstances.

Uncertainty

Many people will find the uncertainty surrounding Brexit difficult. It is likely to be a drawn-out process while politicians debate and decide what the eventual terms will be. While this may seem unfair, it could actually be advantageous to some citizens, in the right circumstances. If the process takes five years or more, which many believe is likely, lots of EU citizens who have been resident in the UK for that time period may be able to gain indefinite leave to remain. This has led some people to claim that five out of six European citizens who are currently resident in the UK, are likely to be able to stay.

For many economic, social and legal reasons, it is unlikely that large numbers of EU citizens will be deported but legal advice from an immigration solicitor in London is a sensible step for anyone who is concerned or wants to establish the facts of their status.

Data problems

Immigration issues do not exist in a vacuum and often get tied in with policies surrounding national security. Recent legislation means that immigration candidates, and other EU countries, may not be able to access data held about individuals by the home office. This could have the knock-on effect of slowing or halting the UK’s access to data from EU countries. All of this can potentially stall the visa application process for thousands of European citizens. An immigration solicitor in London will take this into account when considering visa applications of this type.

Different Types of Child Support Cases

a kid holding hands with their parentIt may seem absurd that there are different types of child support cases. The idea behind this is to have the government know the families that will need extra support. Usually, the family situations change, and so as the type of child support. Child support is the tool used to provide care for all children through the state.

Even with a child support attorney in Marysville, child support payments can still be confusing, more so if you are new to it. Some families pay privately, while others pay directly to the parent who holds custody. Others pay the state. Feldman & Lee PS notes that the distinction comes because there are different types of child support cases. These types include:

IV-D and non-IV-D cases

In IV-D cases, the custodial parent gets some form of assistance from the child support enforcement (CSE) office. The office can help with establishing paternity or finding the non-custodial parent. It could also be enforcing the order for child support. In non-IV-D cases, child support is privately created, for example, after a divorce. They can become IV-D cases if the CSE gets involved.

IV-A cases

In IV-A cases, the parent receives public assistance from the state. Often, the state may refer an IV-A case to the CSE in a bid to defray support costs. From there, the CSE tries to collect support from the other parent.

IV-E cases

IV-E cases are situations of care where the child is receiving it from a guardian. The guardian could be a foster care system or a relative. Even these cases are referred to the CSE offices. The idea is to try to recoup a share of the costs from the child’s parents.

Family situations often change with time. For example, parents remarry or lose work and so forth. In such cases, the child support case is reviewed. In other cases, the non-custodial parent could fail to pay in which case you are to involve the case manager. Hiring a lawyer is a great way to understand your case and identify the best course of action.

Uncontested Divorce: Why It’s the Best Way to End Your Unhappy Marriage

a couple discussing their divorce with a lawyerLike the rest of America, divorce in the Centennial State is synonymous with steep legal fees, fierce disagreements, and distraught children. While it usually holds true for most, uncontested cases are a stark departure from the norm.

If you and your spouse mutually agree that the two of you can stay apart peacefully, face the inevitable and file for an uncontested divorce. If you ask experienced divorce lawyers in Builder, CO, here are the practical advantages of dealing with it together amicably:

Spending Less Money

Uncontested divorce cases cost significantly less than those filled with hateful disputes. In most cases, divorce hurts the pocket because both parties fail to reach a fair settlement fast. With so many issues to be covered, the divorce becomes more expensive the longer the debate lasts. After all, it’s harder to move on with your life if you have to pay exorbitant bills long after the process ends.

Experiencing Less Stress

An uncontested divorce is suitable for mediation. It’s the healthy alternative to a courtroom trial. In fact, having a sense of respect for each other helps a lot so that there is no need for a judge to make a decision. You and your legal representative can talk to your spouse and a professional mediator to discuss the divorce. The third person will take no part of the decision-making. The mediator will only facilitate the whole process.

Laying the Groundwork for Positive Co-Parenting

An uncontested divorce can be key to positive co-parenting. The process only nullifies the marriage, but not your parental obligations. Dealing with your divorce amicably can teach you constructive communication skills. It can be useful in raising your kids together peacefully while separated.

Take advantage of the opportunity to file for an uncontested divorce. An experienced family lawyer can guide you through its process and assist you every step of the way.