Category Archives: Law

A Facebook Post Away from Full Custody of the Kids

Social Media

Social media plays a vital role in today’s society. Most people browse through their phones, killing time by liking and sharing on popular platforms such as Facebook, Instagram, and Twitter. Facebook is the most popular out of all of the social networks, with over a billion users online every day.

Social media is a valuable source of information – which can also come in handy during divorce and child custody cases.

For Denver, Colorado’s lawyers focused on family law, social networks are helpful when it comes to gathering evidence, which puts the case in your favor. If you use it well, the judges may consider giving you full custody of the kids.

Social Network Evidence

For most child custody cases, discovery is always a valuable part. The court may allow both parties to gather information on each other. Facebook and other social networks have made gathering evidence easier for both you and your custody lawyer.

What’s the big deal with social posts anyway?

What you post on social media says much about your personal behavior, particularly with family and friends. Courts will consider evidence in posts that affect the child’s best interests, which include the following:

  • Parental alienation
  • Family disputes
  • Poor parenting skills
  • Evidence of neglect or domestic violence

The Double-Edged Sword

What you post on social media has a big impact on the outcome of your child custody case. Facebook posts and other social media activities should always be beneficial and in your favor; otherwise, the other party can use them against you.

Keep in mind that child custody lawyers can gather evidence by using your messages and posts in court. In complex cases where posts and messages cannot be accessed, the court has the power to subpoena information from the social network.

Social media is a powerful tool, especially if you want the pendulum to swing your way, but you must be careful too. One rant might turn the tables against you.

Broken Promises: The Ex, the Kids, and the Right Way to Deal

Co-Parenting PlanDivorce is a tough situation for everyone – especially the kids. The idea that Mom and Dad will no longer live together is hard to accept.

Fortunately, co-parenting makes the ordeal easier. The children need not worry about not seeing both parents; through an efficient co-parenting plan, they can still see Mom or Dad during set periods (depending on who is the non-custodial parent).

The set-up is easier on everyone.

But what if the other party makes promises they can’t keep?

Anatomy of Broken Promises

For Buhlerlawoffice.com, a family law practice, broken promises are regular scenarios in most co-parenting cases. Regular yet unfortunate. The non-custodial parent, to cope with the separation from their children, would make grandiose promises to the kids.

Unfortunately, most parents end up breaking their promises – the supposed trip to the beach never happens, the non-custodial parent fails to attend the graduation ceremony, and so on. It might seem like a small concern, one you can easily make up for.

On the contrary, it’s a bigger issue.

Why Promises Matter

Your ex is not the kids’ only parent. Half of the time, they expect their parents to fulfill their promises. Whether it’s a trip or a material object, they know their parents will keep it. Should they fail to deliver, they at least offer an explanation.

When your ex fails to do either, it will confuse the children. Could they still depend on their non-custodial parent? Does Mom or Dad still love them? If so, why do they keep breaking their promise?

During such scenarios, it’s the custodial parent’s responsibility to validate the children’s feelings. Still, they should do so without disparaging the non-custodial ex.

But how?

The Right Way to Deal

Start by setting a good example. If your ex fails to keep promises, always keep yours. This shows them that at least one of their parents always pulls through. When you can’t, do not hesitate to tell them. Children appreciate honesty.

Also, talk to your ex about it. Explain the children’s side and (calmly) ask them to keep their promises. After all, you both want the best for the kids.

The ex might’ve broken their promise to stay with you till death do you part, but when it comes to the kids, keeping a promise matters – crucially.

Divorce in Texas: Key Facts to Know

Divorce in Texas

In Texas, you could use either no-fault or fault grounds as your reason for divorce. You could also use the reason that you’ve been living separately from your spouse for three years at least. Utilizing fault grounds might offer an advantage during a dispute regarding property division and the alimony amount.

Before filing for divorce, however, take note that you or your spouse should have been legally residing in the state for at least six months.

Property Division, Child Custody, and Child Support in Texas

Because the state is a “community property state”, any income that you and your spouse earned during your marriage, as well as all property you purchased with your combined earnings will be considered marital property, meaning that both of you equally own it. Essentially, these properties will be equally divided between the two of you when you divorce.

Similar to the stance of all the other states, the court presumes that it would be in the child’s best interest to have regular and continuing interaction with both parents following a divorce. This means that courts would generally lean towards joint custody, while the specific nature of time-sharing will be based on the best interests of the child. Both of you would also have to support your child after the divorce. The specific amount will be dependent on each of your incomes and the time each one of you spend with your child.

More Things to Note

According to Busby & Associates, a top divorce attorney from Houston, the state doesn’t recognize legal separations, which means that the law doesn’t have provisions for court actions in relation to legal separations.

However, spouses could opt for a written agreement regarding spousal support payment and division of debt and property while they’re divorce suit is pending. If the judge finds the written agreement terms fair to all involved and approves them, the court might include the terms by reference in your final divorce decree.

 

Self-Reflection: A Necessary Skill for Law School Students

Self-Reflection for Law School StudentLaw school calls for higher order learning. Apart from understanding the theory, students are also encouraged to reflect on what they’ve learned to see if they’ve truly understood it.

Self-reflection is a lot like looking in the mirror: it’s a way for students to assess themselves and enhance their learning. It’s a process that involves processing information and synthesizing data — something that lawyers do when dealing with a new client or a new case. Self-reflection, therefore, is a fundamental skill for any aspiring attorney.

Classroom Learning Encourages Learning with Others

The act of self-reflection may connote an inward and solitary process, but it does not necessarily have to be that way. Reflection can also take place in the presence of your peers since they’re the ones who are in the position to track your progress. Moreover, learning alongside them means you can pick up a few techniques from them that might come in handy.

By interacting with peers, you can get a better grasp of what teaching style works best for you and learn how to improve your communication and social skills.

Online Legal Instruction Fosters Independent Thinking

Legal education doesn’t always have to take place in the classroom, as taking online legal courses are becoming a viable alternative for students. Studying law online could also aid in self-reflection as it allows you to think critically and independently. It also highlights the importance of tracking your own progress. In fact, online learning could help you think faster and come up with a learning strategy that suits your needs.

Understanding Areas of Improvement

Feedback is important in any learning process — in fact, it’s a way to remind you that you’re not simply a passive receiver of information. Looking back on what you’ve learned can help you identify areas you’ve struggled with and how you can make the necessary adjustments. In school, for instance, students may want to comment on their previous work or share their observations. This will, in turn, facilitate the need for consultations and targeted learning.

Informed reflection is crucial for students, especially those in the legal field. Students can only effectively utilize what they’ve learned out in the professional world once they’re aware of their strengths and weaknesses. 

3 Situations Wherein You Need a US Immigration Lawyer

Immigration Attorney in UtahYou don’t need a lawyer when applying for an immigrant visa or a green card in the US. It may be frustrating and time-consuming, but you can accomplish it on your own. However, there are certain situations that call for the service of an immigration lawyer, such as the following:

  1. Inadmissibility

Buhler Thomas Law, P.C., an immigration attorney in Utah, says that one of the most common legal issues that immigrant visa applicants encounter is inadmissibility. The United States of America can keep you out for several reasons, such as having a communicable disease, having no proper vaccinations, and committing a crime before. But in some cases, you can apply for a waiver — a document that overlooks or forgives your inadmissibility issue — before you can proceed with your green card or immigrant visa application.

  1. Deportation Proceedings

If you are or have been in deportation proceedings, you better ask a lawyer to guide you through your application as this issue might highly affect your immigration situation. Even if the proceedings are over, you still need the assistance of an immigration lawyer as the outcome of that court proceeding might have an effect on your present application.

  1. Too Much Paperwork

As with any government process, immigration visa or green card applications involve paperwork. Plus, every step of the application includes detailed instructions. Once you make a minute mistake, you may find your application delayed, returned, or even rejected. So if you’re the type of person who gets easily overwhelmed with paperwork, an immigration lawyer is your savior.

Getting a green card or an immigration visa is a dream to many. So if it’s the same thing with you, then don’t entrust your dream in the hands of an amateur. Hire a knowledgeable immigration lawyer and you’ll have a reasonably smooth application, as well as the peace of mind that you can get your green card or immigrant visa soon.

Could I Get an Uncontested Divorce in New York?

Divorce LawyerPut simply, an uncontested divorce is a type of divorce wherein both parties are in total agreement of all divorce issues regarding the dissolution of their marriage. This means that both wife and husband have meticulously discussed and understood their issues, and have established their terms.

Uncontested Divorce Under New York Divorce Law

Essentially, both parties want the divorce to happen and completely agree on divorce issues that concern the grounds for divorce, child custody and support, visitation time, spousal support or alimony, and equitable property distribution. In the event the parties genuinely agree on these key issues prior to filing for divorce, they don’t have to make appearances in court and their divorce will be considered uncontested right from the start.

In general, the divorcing spouses already have limited, but friendly ties to one another and their relationship could be easily dissolved, explains a divorce attorney in Long Island. Law Offices of Ian S. Mednick may agree that most uncontested divorces are uncontested because the divorcing couple does not have children, substantial property and assets, joint bank accounts, as well as claims for spousal maintenance, professional or advanced degrees, attorney fees, and life or health insurance.

Once a couple jointly decides to get an uncontested divorce, they should start the divorce process by filing. In the event that all documentation has been filed and the judge don’t order them to appear in court, they could obtain their divorce judgment between four and 12 weeks, depending on the county where they filed, from the date of filing the note of issues, signed affidavits, and pleadings.

Could an Uncontested Divorce Suddenly become Contested?

Unfortunately, yes, it could. If for some reason one of the spouses changed her or his mind after being served the divorce paperwork, she or he could elect to contest the divorce. Typically, one of the spouses will suddenly realize that she or he doesn’t really agree with particular grounds for the divorce and the divorce issues that the couple supposedly agreed upon. Take note that her or his reason won’t really matter in court, meaning that if she or he wants to contest the divorce, the other spouse won’t have a choice in the matter. That said, the couple should then get their own divorce lawyers to help them with the litigation that will follow.

Medical Malpractice: Dealing With Your Newborn Baby’s Death or Disability

Medical malpracticeThere are probably very few incidents more severe than the death or disability of a baby brought on by medical malpractice. Realize that you owe it to yourself and your baby to see justice served.

Here Are a Few Suggested Steps to Get You Going:

Ask Questions – Most likely, when told that your child has died, you would be given a whole salvo of unfamiliar technical and medical terms. Ask them to explain each medical procedure as simply and as comprehensively as possible. Don’t stop inquiring until you are satisfied with the information you’ve been given. And ask everyone connected to the incident, not just the doctor if you are still unsatisfied.

Request for Legal Advice – Even if you have doubts regarding your baby’s death or complications, do consult a lawyer and see if your case can be brought to court. Make sure that you find a reputable and experienced firm in this exact field to represent your case. Do research on their completed cases, their experience, expertise and also their present fees before making your pick.

Complete the Requirements – Once you’ve finalized your choice and have a discussion with a birth injury lawyer, you will be given a list of requirements that would be essential in filing your case. Complete the said necessary documents and continue coordinating with your attorney. Also, it is extremely important to tell your legal firm in Atlanta everything they need to know and the absolute truth about the incident.

Grieve – Though you may not admit it, dealing with a medically-injured child or a premature death in the family will hurt. Also, you will need to encourage and explain to the other family members what has happened and the possible outcomes of your decisions in the future.

Everyone deserves justice, especially you and your affected child. If you feel you do deserve a fighting chance, then do move forward with the case. As long as you persevere and stick to your guns, you have a bigger chance at winning.

Caught in Possession of Drugs? Fight With Professional Help

Drug Possession in OhioIn the State of Ohio, any felony related to drugs has severe penalties. One such felony is drug possession. When caught in possession of drugs, know that you will face severe charges, unless you fight it. From seriously high fines to imprisonment, the last thing you should do is to overlook the assistance a Cincinnati drug attorney can provide you with.

Drug possession and penalties associated with them

Because the laws surrounding drug possession are complex in Ohio, you need to understand that, without the help of a lawyer specializing in drug possession, you have very slim chances of getting a not guilty conclusion, NotGuiltyAdams.com says.

When you do not hire a lawyer, you can expect to pay penalties ranging from $2,500 to $20,000, depending on the classification of your felony charge.

For First Degree Felony (F1), you will have to pay a fine of $20,000 and face jail time of 3 up to 11 years. For Second Degree Felony (F2), your fine can reach up to $15,000, with jail time of 2 up to 8 years. Third Degree Felony (F3), it is $10,000 for the fine, and imprisonment of 1 up to 5 years. For Fourth Degree Felony (F4), your penalty amounts to $5,000 and prison time of 6 up to 18 months. For Fifth Degree Felony (F5), it’s $2,500 and 6 to 12 months of imprisonment.

How you can be charged with drug possession

In Ohio, you can face a drug possession charge when the authorities catch you in possession of a controlled substance. These substances are drugs, like hashish. They also have five classifications or tiers, depending on their potency. The most harmful fall under the Schedule I tier, while the least dangerous fall under the Schedule V tier.

Drug possession is a serious offense, and sometimes even considered felony in the State of Ohio. However, you can fight this charge, as long as you have someone experienced and specializing in the state’s drug laws. Hire a drug attorney, and you can increase your chances.

I Can’t Feel My Face: On Anesthesia Malpractice

Anesthetized Woman Medical malpractice is the failure of a healthcare professional or provider in treating, medicating, and caring for a patient. Failure to address the needs of the patient can result in harm, injury, or death. This involves committing errors in diagnosis, dosage, health management, treatment, and aftercare. The patient/s or their families can hold the erring healthcare providers, doctors, and nurses liable for incompetence.

Bern Ripka LLP discusses one of the more common medical mishaps—anesthesia malpractice. This occurs when the anesthesiologist or nurse anesthetist administers the wrong dosage of anesthesia, rendering the patient for surgery in writhing pain. They may experience post-traumatic stress disorder (PTSD), brain damage, severe internal or external injuries, and even worse, death.

Anesthesia Awareness

Thousands of patients experience anesthesia awareness on an annual basis. This is the condition wherein a patient is conscious, but cannot move or talk, unable to express pain.

Every year, there is an estimate of 20,000 to 40,000 people experiencing anesthesia awareness, with varying effects from full-on awareness during surgery while in pain. PTSD, as another effect of anesthesia malpractice, causes patients a slew of problems such as nightmares, insomnia, flashbacks, paranoia, and the inception of traumatic experiences.

Prevention

Anesthesia awareness is indeed avoidable. Practicing the proper standards of medical care can reduce anesthesia awareness from occurring. For this to happen, the anesthesiologist and nurse anesthetist have to exercise caution during surgery and be wary of the following:

  • Inadequate drug dosage
  • Hapless monitoring
  • Refilling the anesthetic machine vaporizers
  • Lack of training or unfamiliarity with the procedure
  • Technical malfunction or machine mishandling

Based on a 2009 research in a medical journal, there were more than 2,200 anesthesia-caused deaths in the years between 1999 and 2005. An estimate of 46% of the deaths is due to an anesthesia overdose, while the other deaths are due to a variety of anesthesia complications.

Medical practitioners and healthcare personnel can prevent these deaths from happening. It is through being more cautious – as if it’s their faces they can’t feel themselves – that they can save lives as well.

All’s Fair in Love, Support, and Child Care

Family Attorney in ColoradoIn the case of the breakdown of a couple’s relationship, it’s always the child who loses. This could be true in general; there are many cases when parents are unable to resolve their issues amicably and their child or children are caught in the crossfire.

(Did You) Put a Ring on It?

In Colorado, the law assumes that if the parents are married, the husband is the child’s father. For unmarried couples, paternity will need to be proven for the mother to get child support. This does not, however, automatically mean the mother will gain custody of the child. Depending on the relationship of the child’s parents, the parent being denied his or her rights may have to sue for equal time with the child.

Equal Opportunity

The court will always act in the child’s best interest. Equal time may be given to both parents so that they may both continue to foster a relationship with their child. Plans and arrangements are based on the age of the child and the proximity of the parents to each other. Updating these schedules can be done at any point in time as necessary.

Parenting Arrangements

Should the separation be amicable, there's usually no trouble with the arrangements between parents regarding the child’s upbringing. If the parents have problems coming up with a suitable arrangement, the court will, again, decide what must be done with the child’s welfare in mind. Online research and consultations with a family law attorney in Colorado Springs, CO will give parents a good idea how to create the best arrangements for their situation.

Extra Support

Whether it’s legal help or just general support, a quick search online can give you access to the many groups, community or church, that can cater to your needs. The Children’s Rights Council, for example, has a chapter in Colorado Springs while Parents without Partners has chapters and connections all over the country.