Reasons To Seek Guardianship Over Your Grandchild

If your child has a child of their own, it’s a blessing like no other. Watching their style of parenting can bring pure joy to your heart or in some cases, the complete opposite. If your child is practicing unsafe or questionable parenting practices because of their lifestyle choices, it’s important to make sure that your grandchild is not witnessing this behavior. One way you can ensure the safety of your grandchild is to file a petition with the court to seek legal guardianship. This can be very difficult, because it can strain the relationship you have with your adult child. Here are just a few reasons to seek legal counsel in order to file for guardianship.

Their Partner Is A Registered Sex Offender

If you’re the grandparent of a child under the age of 18, knowing who is around your grandchild and who cares for their needs is a major concern. If you find out that your child’s new boyfriend happens to be a registered sex offender in your state, he legally should not be around any minor child. Whether your grandchild lives with the sex offender or not, they are still being exposed to someone convicted of a sexual crime. If your adult child refuses to end this relationship, you may have grounds to seek legal guardianship until the situation is resolved.

There Are Signs Of Abuse Or Neglect

If you’ve noticed that your grandchild’s needs are not being met by their parents, this is an immediate cause for concern. Abuse of a child can fall under many terms, including:

  • Visible signs of physical abuse
  • Signs of neglect that include poor hygiene or malnutrition
  • Acting out sexual behaviors or making sexual references
  • Physically being left alone at home or being left unattended in a public place
  • Mental abuse and name calling
  • Verbal abuse from the parent or caregiver

Neglect can involve one or more things that lead to your grandchild’s life being in immediate physical danger.

Substance Abuse Issues

If your adult child has had or currently has problems with drugs or alcohol, it can drastically affect the environment your grandchild is being raised in. The first step should be getting your adult child to admit to a substance abuse issue and that they need to seek immediate help. Whether it’s an inpatient treatment facility to help with detoxification or attending Alcoholics Anonymous meetings, taking the first step will help save their life. At this point, you should request temporary guardianship from the court system to ensure that your grandchild will be placed with you in a safe and nourishing home environment.

Your Child Has A Criminal Record

If your adult child is in trouble with the law, it’s important to make sure it doesn’t affect your grandchild. If their criminal record involves any jail or prison time, you should request legal guardianship to be able to raise your grandchild while their parent is incarcerated. Seeking advice from a qualified family law attorney like Haslam & Perri LLP will help guide you in the right direction so you can work at keeping your grandchild safe and thriving in their home environment.

Seeking legal guardianship can be challenging, especially if your adult child is struggling with daily life. The immediate goal is to do what is best for the minor child in their situation.

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How To Ensure Your Children Are Taken Care Of Through Estate Planning

What is an estate plan and how will it help you secure your family’s financial future? An estate plan is a set of documents, including wills and trusts, that ensures that your family’s finances are distributed correctly, protected from taxes and controlled responsibly. An estate planning attorney will help you set up a variety of ways to ensure that your children continue to be taken care of after you pass, regardless of what happens in the future. 

Create Trust Accounts

Trust accounts aren’t only used to dole out funds in a controlled way to your kids — though that’s important, too. One of the major components of a trust fund is that it can remain under your control. If you simply gave your money to your child, their spouse might be able to take some of it during a divorce. If they have a trust established, this will not happen. Trust accounts also help you reduce the amount of taxes your child will have to pay, thereby ensuring they get the most use out of the money.

Take a Look at Your Debts

Estate planning isn’t just about wills and trusts. It’s also about creating a realistic plan for your family’s inheritance — which includes debt planning. Your attorney and your accountant can both help you create a plan to eliminate debts or at least ensure that your debts do not overshadow your assets. Remember, though your children will not inherit your debts, the inheritance will be used to pay off the debt before being distributed. 

Craft an Official Will With Your Spouse

Too often individuals create their own wills or create their wills independently — this isn’t a good idea. You should always be on the same page as your spouse with wills because they can become conflicting, especially if one or both of you forgets to update it. To make sure that your children are taken care of, you should have both your wills drafted professionally and witnessed by at least two people. A will should also be notarized if you want to protect it from being successfully contested. 

Proper estate planning is the only way to be absolutely certain that your family is taken care of — and it’s usually fairly affordable, too. Even setting up a trust generally only costs a few thousand dollars, so it’s a good idea to get an estate plan completed early and update it as necessary.

Work with an estate planning lawyer, like Linn Schisel & DeMarco Attorneys At Law, to take care of your children now and in the future. 

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Fighting Back Against The Physical Evidence In Your DWI Case

There are two types of physical evidence that are typically relied on heavily when prosecuting a DWI case. These two pieces of evidence are the results from your field sobriety test and the results of your breathalyzer test. It is this physical evidence that is used to prove that you were in fact intoxicated at the time of your arrest. It is also this physical evidence which many people fear they cannot overcome when defending themselves against a DWI charge. However, this is not always the case. In fact, there are several defense strategies that an experienced DWI attorney may use to help discredit this physical evidence or even have it thrown out all together.

Fighting The Results Of Your Field Sobriety Test

A field sobriety test is designed to test your motor skills since these skills are typically impaired when under the influence of drugs or alcohol. However, it is important to note that intoxication is just one of many reasons why a person may perform badly on a field sobriety test. For instance, stress, nerves, heavy traffic, bad weather conditions, a physical injury, or poor lighting can all cause you to perform badly on this test. In order to discredit the results of your field sobriety test, your attorney will need to demonstrate for the court that there was another reasonable excuse for your poor performance.

Fighting The Results Of Your Breathalyzer Test

Fighting the results of a breathalyzer test can be a bit more complex than challenging the results of a field sobriety test. This is because most courts openly recognize the science behind these tests as being legitimate. However, this does not mean that a failed breathalyzer test will automatically result in a conviction. This is because, while the science behind these tests may be sound, there are some major flaws in the way a breathalyzer works. If your attorney can prove that the results of your test are unreliable due to these flaws, they may be able to have this physical evidence thrown out.

The most notable flaw in the breathalyzer is that there is no way for this machine to differentiate between the alcohol content in your deep lung air (the alcohol content it is supposed to be measuring) and any residual alcohol that is left in the mouth. Since residual mouth alcohol levels can spike dramatically after belching, vomiting, or suffering acid reflux, it is quite possible for a breathalyzer to return a result that is much higher than your actual blood alcohol content. Demonstrating that your breathalyzer results are inaccurate or unreliable due to the presence of mouth alcohol is one of the most effective ways for your DWI defense attorney, such as David A. Mansfield, to discredit this often vital evidence.

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Can You Be Required To Financially Support A Child That Isn’t Yours?

If you’re going through the divorce or legal separation process, you may be negotiating child support and custody with your soon-to-be ex-spouse. These discussions can be completely derailed by the revelation that your child has another father. What if a paternity test determines that the child you thought was yours is not biologically related to you? Are you still obligated to pay child support? Read on to learn more about how these situations are treated across the United States.

When can you be ordered to pay child support on a child who isn’t yours?

Laws governing child custody and support vary from state to state. However, in most states, once someone has signed an affidavit of paternity or has been listed as father on a birth certificate, he is considered the child’s legal father until court action is taken to change this status. In other states, a mother may be able to list your name as father on a legal document without your consent. One specific case recently made news when a man from Detroit was required to pay child support for more than 20 years after it had been proven he was not the father of the child in question (now an adult).

In general, courts will require you to pay child support regardless of paternity in situations where a relationship has already been established with the child or (in some cases) if the child and his or her mother are receiving state aid. In the court’s view, the best future for the child involves having a relationship with both parents — regardless of bloodlines. One part of forging this relationship between you and your non-biological child is the payment of funds to help provide food, shelter, and clothing.

Courts may also feel that the child need not be punished because your soon-to-be ex-spouse was dishonest about her child’s conception.

What should you do to protect yourself in this situation?

If you’d like to continue a relationship with your child but are worried about being roped into decades of child support, you may be able to negotiate with your soon-to-be ex-spouse outside court. In some cases, she may choose to waive child support in exchange for a greater share of retirement accounts or other marital assets. Although this still requires you to give in a bit, it will help prevent you from being ordered to pay to support a child who isn’t biologically yours (up to and often including a college education).

In other cases, it may be best to track down the biological father. If there is another individual in the picture who is capable of providing support, courts will look to this individual instead of a non-relative. To learn more about family law, visit Tracy McMurtrie Luck & Associates

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What Can You Do To Move Past A Drug Charge?

Whether you were wrongfully charged or feel that you deserve leniency in your drug case, it pays to follow some tips that will allow you to protect your future. A drug case can affect your employment opportunities, prevent you from being able to run for public office or even make it so that you are denied loans or housing if the charge shows up on a background check. To make the best choice for your future and fight this case in court, consider some of these guidelines. 

#1: Hire The Best Specialized Criminal Lawyer That You Can Afford

You can always get the help of a general lawyer, but it’s better to hire a criminal lawyer who specializes in drug charges. Just as a person charged with a DUI should hire attorneys who specialize in these cases, you should find a lawyer who focuses on the particular drug or classification of drug that you are charged with possessing.

For instance, there are different sentencing guidelines and potential defenses for marijuana–a Schedule I substance–than guidelines for cocaine, a Schedule II substance. When hiring a lawyer, sit down for a consultation and ask about their success rates and what sort of strategy they will use for your case. Most attorneys will offer these consultations for free. Get a list of their fees and payment options in writing so that you’re able to move forward with all information on the table. 

#2: Gain A Clear Picture Of What You’re Up Against

Each state has different sentencing guidelines for people who are found guilty. For instance, the state of Texas has laws that can put you in jail for 180 days for possessing 2 ounces or less of marijuana. Knowing the best and worst case scenarios gives you a clear picture as you move forward with your case. 

Criminal defense lawyers use some common strategies when making the prosecution prove you’re guilty:

  • The assertion that the police found the substance, but could not prove that it was in your possession
  • The police used improper arrest procedures or lacked a search warrant
  • The police did not have probable cause to stop you
  • The substance in question is not the substance that you were charged with possessing 

#3: Consider A Plea Agreement

Sometimes, when the evidence stacked against you is too convincing, you might want to take a plea agreement. A plea bargain is an arrangement between the prosecution and your defense team that allows you to receive a lesser charge, or no charge at all, in agreement for paying a fine, pleading guilty or taking less jail time than you would have if the case played out in court. This can work in your favor if you are facing harsher penalties. Make sure that the attorney you hire is skilled in negotiation so that you’re able to get a plea agreement that makes the most sense. 

Use these tips so that you can get past this difficult period in your life. For further help, hire a criminal defense lawyer, such as those found at Kaiser Law Group, in your area. 

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Personal Injury Cases: Taking A Look At Negative Side Effects Caused By Unlabeled Supplements

Recent statistics and data show that over 50% of Americans took some type of supplement from 2003 to 2006. Those numbers were steadily increasing and rising. Additional studies have shown that over 45% of those who took supplements wanted to improve their health and over 33% took supplements to maintain their health. Knowing what ingredients are contained within supplements is crucial, especially for those with food allergies. 

The Shocking Truth

A recent study showed that only 5 out of the 24 tested supplements contained the ingredients that it claimed to have. This means that over 80% of supplements in stores actually do not contain the ingredients that it claims to have. In short, don’t believe the labels because you simply can’t be sure of what you’re taking.

Most of these supplements contain fillers and other plant products that are not listed. The presence of unlabeled ingredients or improperly labeled ingredients, like wheat and other contaminants, can have negative consequences and side effects that can create a domino effect one one’s health.

Dealing with a Personal Injury Case

If you are a victim of unlabeled or improperly labeled supplements, you want to contact a personal injury lawyer immediately. It is important to take a sample of the supplement to the laboratory in order to determine the types of ingredients that it contains and the percentage. With this information, a medical professional can provide further insight regarding how the unlabeled supplements may have affected your health or spurred the medical conditions that you are dealing with.

By collecting all of this evidence and information, you may have a legal case on your hand, and you may be able to seek compensation from the supplement manufacturing companies. You can seek compensation for damages and losses like the full cost of the medications and medical treatments that are recommended by the physicians, wage loss from time that had to be taken off of work, caregiving expenses since you may not longer have the ability to provide and care for your children, and more. Your personal injury attorney, like those at Large & Associates Attorneys, will review your case and help you determine what is reasonable, and what can be expected.

Conclusion

Taking unlabeled or improperly labeled supplements can become a hazard, especially if you have any food allergies or if your body responds negatively to some of the ingredients. Speak with a medical professional before taking any supplements in order to get their professional opinion.

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Medical Negligence: How The Standard Of Care Affects Your Success Or Failure In Court

If you’re considering filing a medical malpractice lawsuit, you need to understand that the success or failure of the case rests on whether or not your attorney can effectively demonstrate negligence on the part of the physician. Moreover, proving negligence is largely a debate as to whether your physician violated or upheld the standard duty of care relating to your specific injury, operation, or treatment. This article discusses how a medical negligence attorney can help establish that the presiding physician failed to adequately perform his or her duties, and ultimately ensure you are awarded compensation that is sufficient to help remedy your current state. 

The Standard Of Care

A doctor’s standard of care is essentially an overarching set of guidelines that is in place to ensure that physicians treat similar injuries and illnesses with similar levels of care. In other words, its purpose is to ensure that a similarly skilled physician would have treated a patient with a similar injury in the same manner as any other doctor would have with any other patient with the same injury. An attorney might establish a breach to the standard of care in your situation by examining similar cases and how the doctors in each case treated their patients. If there are any glaring or obvious distinctions, then your case has a good chance of moving forward to the next stage.

How The Lack Of Care Resulted in Harm

Once a breach to the standard of care has been established, the next phase of litigation entails not only a detailed description of exactly how you care was below that standard, but, more importantly, how the lack of care resulted in further harm, injury, distress, or what have you. 

This last part can be the most difficult in a medical malpractice lawsuit because it might not be clear how the physician’s failure directly resulted in any additional suffering for you. While the connection might be clear to you, your attorney, and friends and family, delineating a clear path from “doctor’s failure to provide care” to the injury or pain that came about as a result is something you need a skilled attorney to handle. A malpractice lawyer understands what the courts need to see in order to conclude that your physician’s breach of the standard duty of care was indeed what ultimately caused your subsequent pain and suffering. 

Overall, once you demonstrably prove that your doctor’s lack of care was what caused your eventual suffering, than it is simply a matter of determining the appropriate degree of monetary compensation to rectify the circumstances. 

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