Tag Archives: law

3 Factors Affecting a Child Custody Ruling: What Parents Need to Know

Little girl hugging fatherAs a couple with children who plans to separate, an option to consider is appealing for child custody. Each parent may want to have the full custody of their children, but it’s the court that decides what the better choice is for the children involved.

Couples seek legal assistance to be granted of child custody, and they trust lawyers with a proven track record. The Burnham Law Firm, P.C. explains that family law and its provisions could be confusing, so a child custody lawyer makes it easier for any parent to understand what a custody entails.

The court goes through every detail to determine what would be in the child’s best interests. Here are some factors affecting child custody:

The main caretaker

An important factor in granting child custody is recognizing the main caretaker of the child. This should be the parent who does most of the childcare duties, such as feeding, bathing, preparing meals, taking the child to school, etc. Aside from childcare duties, this parent may be the closest one to the child because of their emotional connection.

In evaluating a child custody case, the court considers who the main caretaker is. This is to help the child adjust easier after the parents are separated.

The health aspects

The court analyzes the health of both parents before giving the ruling. This is crucial because any health-related problem can lessen a parent’s chances of being granted child custody. Serious health conditions can negatively affect parenting capabilities, so the court carefully considers this factor.

The court checks the physical and mental health aspects of both parents. If one parent struggles with one or both aspects, chances are the court will put a greater trust in the other parent for custody.

Parent-child relationship

Another factor in the court ruling is the relationship of the child to their parents. The child may have a stronger emotional bond with one of them. Also, the child may be comfortable in the presence of one parent, but uneasy with the other. The parent-child relationship is another critical factor that the court considers when making a custody ruling.

If the child is old enough to express their choice, the court asks for that opinion. The willingness of the child to be with one of the parents will also affect the child custody ruling.

Both parents need to prove their capability and commitment to providing a loving and good environment for the child. This involves different factors, which the court assesses thoroughly. In the end, the court will decide on the child custody ruling that will be the most beneficial to help the child grow up in a positive setting.

All Alone: Misconceptions about DIY Divorce

Divorce cracked paperWhile it is possible to handle your own divorce, this does not mean that it is the best approach for everyone. Even if you believe that your case is not complicated and you understand the process, there are always plenty of things you need to know that hours of research and reading divorce guides cannot replace.

Divorce attorneys in Colorado Springs share their views about some misconceptions some people have about handling marriage dissolution all on your own:

DIY divorce is the only way to save money

Sometimes, a do-it-yourself divorce (if done successfully without pitfalls) can help keep your expenses low. This is not the only way to save money, however. If you and your spouse can communicate without arguing and are willing to reach an agreement, mediation or collaborative divorce can be a good option. This skips the courtroom hearing and helps both parties save time and money. Such a situation is rare, unfortunately.

DIY divorce is less stressful and heartbreaking for the family

Ending a marriage is painful and heartbreaking for everyone involved. This is especially true for the children. A DIY divorce can actually be even more stressful, as you have to navigate the process on your own. Hiring the right legal representation can minimize stress and frustration, with an expert to guide your every decision.

Filing the paperwork is simple and easy

While you may see or read websites that offer DIY forms, as well as help on how to fill out such forms, there is always the risk of not completing them right or not getting the proper form for your state. There may also be some aspects of the paperwork that you may not understand. A family lawyer or a divorce attorney can help you navigate everything easier and keep you informed about the divorce laws in your state.

DIY divorce is not the best option for every case. It is always better to hire an attorney to make sure that you’re navigating the process the right way.

Prenuptial Agreements: What’s the Need for Them?

Parents with LawyerSome couples create and sign prenuptial agreements before marriage. The document primarily lists the assets of each party and clearly notes who owns what should the marriage fall apart and the couple divorce. Many think that these contracts are only for the rich to be concerned about, but this isn’t the case.

Denver family law attorneys make a solid case by saying that anyone with assets to protect can benefit from such an agreement. Below are some reasons to consider getting a prenup.

Distributing Property from Previous Marriages

A prenup is particularly useful for those who had a previous marriage, as they may intend to support the children of the prior marriage. In this case, drafting a prenuptial agreement can guarantee that the children will not suffer should either parent file for a divorce or annulment.

Financial Rights

A prenup can also define the financial rights and responsibilities of both parties in a marriage. Regardless of their financial status or if they have children or not, clarifying these rights is useful in ensuring that there will be no contentions with who pays for what. It can also protect an individual from having to carry the spouse’s debt.


Should the marriage end in divorce, a prenup speeds up the process by laying out the guidelines of property division from the get-go. It lessens the number of assets and liabilities that the parties have to divide among themselves. It can also determine if any of the spouses should receive alimony, although this is also subject to state laws.

Prenup agreements can define several things in a marriage that could potentially become problematic further down the line. But they can also set rules for the most trivial matters, too. Talk to a family lawyer to find out more about what you can add to your agreement.

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.

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.

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.

Methods of Gathering Evidence to Use in a Personal Injury Claim

Lawyer in CanberraPersonal injuries occur when people least expect them. Whether the injuries you sustained from wrongful actions, medical negligence, work-related incidents or regardless if the accident was minor or not, it’s important to get a compensation claim. However, such compensation claims may never be granted if the victim lacks concrete evidence to substantiate the personal injury claims.

Gathering and preserving evidence to defend your claims involves certain steps, which Aulich Civil Law shares.

Document the accident scene

If you had gone away from the scene for security reasons, it’s advisable to return to the accident scene the soonest you can. Looking at the accident scene while sober would make you understand how the incident occurred. Move around the scene and feel it from different angles. You may realize that a parked trailer was obstructing a right turn view or a sidewalk piece went missing when you tripped.

Take clear pictures

The circumstances surrounding the accident scene may drastically change if you delay taking pictures. If you take pictures when the damaged property is already repaired or when the injuries or wounds are healed, backing up your injury claims may be tricky. If you intend to take pictures at the accident scene the following day, most personal injury lawyers advice that you do it at the same time the accident occurred. Taking pictures at different times don’t yield the expected results because the traffic flow and sun direction might have changed.

Get an individual who witnessed the accident and interview them

Witnesses can dictate the direction your personal injury claim process will take. They have the details that can change the judge’s objective perspective in regard to the events of the accident. Ensure you securely save the information that any of those who witnessed the event gives. If the accident occurred in a business setup, get more information from the employees who were on duty that time. The information you get from anyone who witnessed the incident will act as the evidence in your personal injury claim.

Sustaining personal injuries is both stressful and overwhelming and the victims should get the compensation they deserve. Contacting competent personal injury lawyers Canberra immediately the accident happens should be the first thing to do. The lawyers would help you gather evidence and document it in a professional manner to support your claim.

Learn what a Family Attorney can Do

Family Attorney in ColoradoA family attorney in Colorado Springs can deal with many different types of cases that involve directly-related loved ones. These cases are many times very sensitive in nature, especially when they involve children. The main rule when it comes to these situations is to always keep the best interest of the child in mind. A lawyer is needed because there are many deciding factors that will determine which parent has what rights. And, the many other delicate issues that occur within families are also settled by the attorneys.

What a Family Attorney can Help You with

A good Colorado Springs family attorney is flexible and can assist you with cases that fall into many different practice areas.

Divorce is one of the instances you hire a family attorney. There are thousands of divorces in America every year, and well-versed attorneys are depended on in even the messiest of situations. If there was any domestic violence that occurred, for example, the lawyer will gather the details accordingly and present them in a way that will be beneficial to their client, Law Office of Gordon N. Shayne explains. Child abuse cases are also handled by family attorneys, as well as paternity and emancipation of minor cases.

How to Communicate with Your Attorney

After getting a family attorney in Colorado Springs, it is of the utmost importance to give the major details that are relevant to your case right from the beginning. Although family issues may sometimes contain events that are hard to talk about and/or may be somewhat embarrassing, the client should never hold back info from their lawyer. Hiding information could end up hurting the client in the end, and even if the lawyer used all of the resources that were available to them, they could end up being ill-equipped because of what the client did not reveal.

Spousal Support: Factors Affecting Alimony Payments

Spouse Support in UtahAlimony, commonly referred to as spousal support in Utah, is the payment of one spouse to the other spouse post-divorce. It’s not based on gender, and either spouse may request it. Nonetheless, the court usually grants spousal support to the more disadvantaged spouse.

Factors When Determining Spousal Support in Utah

Normally, the court grants spousal support after the marital property distribution. This way, the court will have pertinent knowledge regarding both spouses’ income, assets, and debts that each must settle. This allows the court to determine the most appropriate amount considering the specific circumstances.

When the court has settled the property rights, it will evaluate the spousal support request. In general, the court will consider the living standards during the separation to establish the most appropriate payment. Nonetheless, spousal support requests may involve the circumstances during the trial, particularly if there’s been a substantial change in income since the separation. If the marriage was short-lived and without children, the court will consider the living standards from the start of the marriage, says an experienced alimony attorney in Provo.

In the event that the requesting spouse can’t meet the same living standards without aid from the other spouse, the court will consider particular factors for determining the duration and amount of alimony payment. The court will assess the earning capacity, financial requirements and resources, and the paying spouse’s capacity to provide alimony.

Other Determining Factors of Spousal Support Payments

Aside from the main factors above, the court will also take into consideration the duration of the marriage, child custody arrangements, and whether the paying spouse’s income increased. In long-term marriages where one spouse has an increased in earning capacity due to the spouses’ shared efforts, this change could also be a factor when determining alimony payment. Note that it is at the discretion of the court to award spousal support, and that they can also check into the potential reasons for the divorce.

Talk to your lawyer to know more about this matter and ensure your rights remain protected.

Free Legal Services: The Paralegal and Pro Bono Work


LawyerJust like lawyers, paralegals should also aspire to contribute pro bono services to those who are in need. In fact, the National Federation of Paralegal Associations (NFPA) encourages such professionals to provide at least 24 hours of free legal services each year.

Many families and individuals suffer today because they don’t have enough funds to hire a lawyer. According to NFPA, paralegal involvement in pro bono activities can benefit low-income individuals with legal needs. Pro bono work will also provide paralegals experience, networking opportunities, and a way of developing untapped skills.

Helping the Community

The Center for Legal Studies notes that legal work offers both legal assistants and paralegals a chance to use their abilities and skills to help members of the community. In most cases, they can draft legal documents, interview clients, and provide representation in hearings. They can also perform other tasks under the supervision or guidance of an attorney.

Roles and Services

Most paralegals who offer pro bono services assist in the area of family law. Some, however, also offer services related to health, employment, and housing. The roles of paralegals and legal assistants vary depending on the nature of the case.

Eligibility for Legal Aid

The qualifications for legal help always depend on many factors such as health status, income, safety, location, and the case. The elderly, for instance, can get legal services about tax issues and estate planning. State and federally funded organizations provide these types of services.

Pro Bono Training

Many local bar associations with pro bono programs offer training. This will give paralegals an understanding of the goal of the program, the eligibility requirements, and nature of services provided. Paralegal students can also offer assistance and demonstrate what they have learned in the course.

Doing pro bono work can be a meaningful and rewarding experience. It is still important, however, for paralegals to keep their priorities straight. While volunteering is fine, they should not take projects that they don’t have the time and resources to handle.