5 Ways To Improve Your Chance Of Getting Sole Child Custody

Posted by on Jan 16, 2015 in Uncategorized | 0 comments

If you are dealing with a divorce and have children, you may be interested in getting sole custody. There are a number of factors that can affect your ability to get custody of your child. Knowing the ways you can improve your chances of doing so may be helpful if you are faced with this situation. Financial stability If you can prove you are financially capable of supporting a child, you may improve your chances of getting custody. It’s important to provide an accurate amount of what you make to the court system. This can be done by providing a W-2 copy of past tax records or a recent pay stub from your current employer and showing you earn what you say you do. Safe residence Having a place that is habitable and will provide the necessary shelter for your child to live may improve your chances of getting custody. You may need to provide proof of this with your address and other personal financial information Minimal adjustment If you live close to the child’s school district, and this won’t require your child to switch educational facilities, you have may have an increased chance of getting sole custody. The fewer adjustments that are necessary for your child to deal with, the easier the transition will be on the child, and this will be considered. Child’s choice The judge will typically take into strong consideration who the child prefers to live within the long-term. This question will likely be posed to the child, and the response can have a strong impact of the final decision of who gets custody. Be healthy One way to help ensure you get custody of your child is by being healthy and being able to provide the necessary evidence to the courts that you are. This can show the court that your child is able to depend on you to be well, and provide the necessary amount of care and supervision that is needed from birth until adulthood. You may be required to provide medical records to prove the state of your health and show you are capable of caring for the child at all times. Having custody of your child and being able to have this individual with you as much as possible is important. Be sure to retain the services of a child custody attorney like Nelson Law Group PC to help ensure the greatest chances possible of getting...

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Dog Bite Laws Could Cost You

Posted by on Jan 8, 2015 in Uncategorized | 0 comments

The Centers for Disease Control and Prevention reports that despite rules and restrictions relating to the ownership of dogs, pet dogs bite about 4.5 million people each year. State dog bite laws vary, yet in many cases, you are legally responsible for any injuries your dog causes. Besides state laws, many local governments have ordinances for controlling dogs. Because the law determines in what situations you can be sued if your dog injures someone, you need to know what the dog bite laws are where you live. Dog Bite Laws Based on Owner Negligence Most states hold you responsible if you’ve been negligent and your dog bites someone. An example would be letting your dog run free even though the community where you live has a law requiring that dogs be leashed and not allowed to roam in public. You are also responsible if you know your dog is easily excitable and you fail to keep the pet away from visitors or others, such as contractors, plumbers, or mail carriers, coming on your property or to your home. In a case like this, if your dog bites someone, the law considers that you failed to take the necessary steps to protect another person from injury. How the Law Works in Strict Liability States In many states, strict liability laws make you responsible if your dog bites someone. It doesn’t matter whether you restrained your dog on a lease or put up fencing to keep your dog within the boundaries of your own property. Posting signs warning of the presence of a dog on the property may not even help. The law may not hold you liable if your dog bites a trespasser who comes on your property without your permission. You may also have a reasonable defense if someone teases or hurts your dog, and your pet reacts by biting. Even a normally calm and friendly pet may bite when threatened, frightened, or hurt. However, it’s up to you to prove that something happened to make your dog bite. If you fail to prove that your dog was provoked into behaving aggressively, the plaintiff may have a case. One-Bite Law: A Saving Grace? Some states have a one-bite law, which means you won’t be liable for injuries if it’s the first time your dog bites a person. But there are exceptions to the rule. The one-bite law may not apply if you have reason to believe your pet might be capable of biting. You could find yourself in trouble if your dog has a habit of snapping at people, or you have to warn others that your dog has a nasty disposition. If your pet eventually bites someone, the...

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5 Things To Do After A Slip And Fall Accident

Posted by on Dec 18, 2014 in Uncategorized | 0 comments

Whether it happened in a grocery store or outside a person’s home, a slip and fall accident can leave you seriously hurt. Although a slip and fall accident can be traumatizing, it is important to keep your composure. If you stay calm, the situation will be a lot easier. Here are five things you should do after a slip and fall accident. Immediately Report the Accident Whether you fell in front of someone’s house or in a department store, you should report the accident to the person in charge of the property. Tell the person exactly what happened, but avoid getting getting angry or arguing with him. Make sure to get a copy of the slip and fall accident report before you leave.  Take Photos If you want to receive compensation for your injuries, it is very important to take photos of the accident scene right away. For instance, if you slipped on ice in front of someone’s home, you will want to take a few photos of the ice. These photos will prove to the jury that the property owner was negligent and did not put salt on his walkways. Get Medical Help Even if your injuries seem minor, you should still get medical help right away. A doctor will examine your injuries and determine how serious they are. Getting your injuries documented by a medical professional will also help you receive compensation for your medical bills.   Get Names of Witnesses Were there any witnesses where you slip and fell? If so, you should gt their names and contact information. If your case makes it to court, these witnesses could testify on your behalf and make your case stronger. Hire a Personal Injury Attorney Before you talk to any insurance company, you should hire an experienced personal injury attorney. A personal injury attorney (such as Law Office Of Daniel E Goodman) will help you get the compensation you deserve and prevent anyone from taking advantage of you. A trained personal injury lawyer knows that value of each injury and will steer you in the right direction. Most personal injury attorneys offer free consultations, so you have nothing to lose by calling one. If you hire a personal injury attorney, you will feel more confident walking into that courtroom.  A slip and fall accident can be devastating, but it is not the end of the world. If you follow these helpful tips,you are more likely to receive the compensation you deserve for your...

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Divorce Lawyer Vs. Mediator: Understanding The Differences

Posted by on Dec 15, 2014 in Uncategorized | 0 comments

If the word divorce conjures up a movie-made image of a lengthy courtroom battle, think again. Not every split is messy or includes weeks spent in the courts. Some couples use mediation as a way to amicably end a marriage and resolve child custody issues. Family mediation is a cost-effective alternative to courtroom proceedings that often allows both parties to maintain a positive relationship, according to the Mediation Association of Colorado. If you’re considering this legal process, understanding the differences between the mediator and the divorce lawyer can help you to decide if mediation is for you. 1. Does a mediator replace an attorney? No, a mediator is not a low-cost replacement for a divorce lawyer. Although a mediator may have gone to law school and passed the bar, that isn’t always a requirement. The mediator’s job doesn’t include providing legal advice, notes the Ohio State Bar Association. 2. Is a lawyer still necessary? Yes, you may still need or want to hire a family lawyer. It’s likely that you’ll need an attorney in addition to a mediator. The lawyer will give you guidance on legal matters, explain the word of the law to you and help to answer legal questions. The mediator will not offer these services. 3. Does the mediator write the final divorce documents? Not usually. In most cases the mediation serves to create a mutually agreeable set of circumstances. For example, you may work out a child custody plan during mediation. After you come to an agreement, the divorce lawyer will then write it into a decree for the court to approve. This doesn’t mean that you have to go into court and rehash the work that you’ve already done in mediation. The court must approve the agreement to make it legal and binding. 4. Are lawyers ever present during mediations? In some cases, yes. If you feel that you need an attorney as well, you may have your lawyer present during mediation. This isn’t the same as going into court with your attorney. Instead of presenting your case, your lawyer may explain terms of concepts that you may not understand. The collaborative effort that mediation requires often results in settlements that are more successful than court-chosen agreements, according to the American Bar Association. Choosing this process requires you to work with your soon-to-be ex and come to a mutually agreeable decision. Even though the mediator will guide you through the mediation portion of the divorce, you will still need a divorce lawyer. The divorce attorney will provide you with legal definitions and guidance that the mediator will...

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Two Aspects Of The Disability Claims Process Where You Need An Attorney

Posted by on Dec 12, 2014 in Uncategorized | 0 comments

When it comes to disability claims, there are certain aspects of the evaluation process where a disability attorney can really help. Whether it is the government’s assessment of substantial gainful activity, the severity of your impairment, or any of the other prerequisites necessary to qualify for benefits, an attorney can ensure that you have the best chance possible for receiving the benefits you deserve. Following are two ways disability claims lawyers can help you during the process. Substantial Gainful Activity Substantial gainful activity is the government’s term for whether or not your current income streams are sufficient or whether you in fact require assistance in the form of disability benefits. The cutoffs for substantial gainful activity are different for the blind and the non-blind, with monthly earnings set at $1,820 and $1,090, respectively. Ultimately, this means that if you earn more than the aforementioned amounts every month, you will not qualify for disability benefits. However, those numbers are in reference to net earned income less any expenses related to your disability. In other words, if you earn $4,000 per month, but have medical expenses that total $3,000 per month, your monthly net earnings would amount to $1,000. Coming in at just under the $1,090 cutoff, you would still be eligible for benefits, though by no means guaranteed them. A disability attorney can ensure that your expenses and income are accurately reflected and demonstrate actual financial need. Severity Of Your Impairment While the severity of an injury might seem arbitrary considering people with similar conditions might react differently, it is still a critical component of the evaluation process. This is primarily to help screen out individuals who exaggerate minor injuries and put strain on a system designed to help those truly in need. Before being considered for disability benefits, the Social Security Administration subjects candidates to a thorough physical examination to assess the severity of the injury. More importantly, this provides a professional medical opinion of the impairment to those who ultimately decide whether or not an applicant is in need of benefits. Injuries are generally classified as “severe” or “non-severe” based on a number of criteria. One of the ways that disability lawyers can help clients through this process is in making sure that the attending physician provides a thorough and comprehensive report concerning how the injury affects the candidate’s ability to work. Also relevant is the degree to which the impairment makes it difficult to enjoy a normal, productive life and the pain associated with the injury, if there is any. Overall, a disability claims lawyer, such as Bruce K Billman, is invaluable during the application process, especially regarding the initial assessments of income of injury...

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