Child Custody Issues: What Happens During the Death of the Custodial Parent?

Child Custody Issues

Child Custody IssuesYou are well aware that child custody cases are nerve-wracking for many couples. Not only is it emotionally draining for the divorcing parents, but it is all the more devastating to the young child. If the divorcing parents cannot reach an agreement, one wins and the other one technically loses. The turmoil continues in the event of the death of a parent.

Child custody cases where one or both parents are deceased can sometimes be more confusing than the first time the case was heard:

If the Custodial Parent Dies…

Does the non-custodial parent automatically gets custody of their child? Yes and no. Unless the custodial parent has written a will saying that they are assigning a guardian to look after the child upon their demise, the non-custodial parent gets first choice of continuing child custody. Nonetheless, this is only applicable if the birth certificate of their child documents the non-custodial parent as the biological and legally recognised parent.

If Not…

The grandparents of the child on the side of the custodial parent can have the chance to take full custody of the child. This is in the event there are no verifiable records as to the paternity of the child. The grandparents will still have to apply for child custody in court to facilitate the smoother transfer of parental rights from the deceased custodial parent to the grandparents.

What if There are No More Grandparents?

The next kin or relative of the custodial parent can apply for child custody. If there are no immediate relatives, a third party child custody application may be filed through the help of family lawyers in Brisbane by interested individuals who have a well-established relationship with the child. Additionally, these individuals need to prove they have the capacity to work for the child’s best interests.

If No One is Interested?

If no one lays claim to the child, it is the duty of the state to provide for their care. As such, the child may be sent to a foster care facility.

You simply do not know what will happen. As such, it is always better to go prepared. This means you have to write your will now and decide who takes care of your child upon your death.

Utah DUI: 3 Realities the Accused Don’t Usually Realize

DUI Charge in Provo

DUI Charge in ProvoIn Utah, driving under the influence of alcohol is a Class B misdemeanor. Getting caught and being found guilty could put you behind bars for up to six months, and pay up to $1,000’s worth of fine. If you injured someone when you’re accused of DUI, your offense quickly escalates to Class A; if it’s your third DUI violation within 10 years, your offense turns into a third degree felony. Naturally, your possible penalties become heftier, as the law renders your alleged wrongdoing more serious.

Many people that get arrested because of DUI simply plead guilty just to avoid the harsh punishments they can potentially receive. While that school of thought makes sense, it doesn’t when you can leave the court innocent and move on to your life without living with the consequences of a DUI for a long time.

Sadly, the motivation behind some guilty pleas are misconceptions.

An Arrest Doesn’t Make You Guilty

Even if the police officers believed that you broke the law, that’s only their opinion. Only the court can prove you committed the alleged traffic violation charged against you. Much like in any case, you’re innocent until proven guilty beyond reasonable doubt; an arrest isn’t the end of story.

Breathalyzers Sometimes Lie

Any experienced misdemeanor attorney in Provo would tell you that breath-testing devices are not always accurate. There’s a long list of defenses that can show the breath result is invalid. Improper calibration, false blood alcohol content (BAC) reading due to certain medical conditions, and unfollowed protocols are only some of the angles your attorney can look at for your defense.

Drinking before Driving Is Not Always Drunk Driving

Just because you had a drink or two doesn’t mean you’re already unfit to drive. Unless you’re under the age of 21, you can be behind the wheels legally anywhere in the Beehive State with a BAC at .08% and below. As long as you don’t exceed this limit, you can operate a vehicle in the eyes of the Utah law.

DUI may seem straightforward, but it’s actually more complex than you think. Your defense attorney can effectively formulate the most appropriate strategy to prove your innocence in the eyes of the judge or the jury.

Determining the Best Paralegal School for Your Law Career

ParalegalIf you dream to become a lawyer, one of the first steps that will help you become a successful practitioner is determining the best paralegal school for you. The institution that you will choose should help you build a genuine commitment to assist the people in need and give justice to whom it is due.  

Apart from this, some of the factors that you need to consider in choosing your school include (a) the paralegal program that is being implemented by the institution, (b) syllabus and courses or the curriculum, (c) location of the school, (d) offered internships and affiliated agencies, and (e) your career plans.

1. Paralegal Program

The program of the paralegal schools in your list must be accredited by the American Bar Association (ABA). This ensures that all the mandates of the schools comply with the standards of the ABA. In the future, after you finish your study, having an ABA-accredited school will help you find good-paying jobs. Remember that not all schools are ABA-accredited and qualify for paralegal certification.

2. Curriculum

Study and know if the professors in the school of your choice are practicing or former lawyers. Industry professional The Center For Legal Studies notes that the experience and knowledge of the professors are important in helping you mold your career.

3. Location

Most legal practitioners advise students to look for a paralegal school in the state where they want to work. The advantage of this includes being able to observe the legal practices and norms in the state and apply it to your studies.

4. Internship Program and Affiliated Agencies

Since internships help you build your confidence and gain real work experience in the industry, the school that you will be studying at should have a variety of internship programs. The schools should have contacts and affiliated agencies engaged in all the areas of law so that you can choose base on your interest.

5. Career Plans

Lastly, it is important to consider your career plans in choosing your school. Will the paralegal school help you finish your study in your preferred number of years? Will the school help you gain credits for your career? Does the school have a good if not the best program for bar reviews and examination?

Role of Birth Injury Lawyers in Seeking Compensation

Birth Injury Lawyer

Birth Injury LawyerThe birth of a child symbolizes love, hope, and happiness. It strengthens the union between man and his wife, as their family welcomes a new chapter in their lives. Unfortunately, this joyous moment might bring the opposite emotion due to unforeseen injuries and disabilities during delivery.

The negligence of healthcare providers may expose newborns to various life-threatening hazards. Birth injury lawyers in Atlanta, Georgia and the rest of the U.S. recommend making sure that these providers take responsibility. The following are some complications that might happen.

Hypoxia and Anoxia

Hypoxia refers to insufficient oxygen supply, whereas anorexia is the complete lack of oxygen. These conditions are the common causes of lasting birth injuries during labor and delivery. Oxygen plays an important role in the nutrient synthesis and energy production of all body organs, especially the brain. Therefore, deprivation of oxygen even for a few minutes can result to irreversible organ damage.

Hypoxia and anoxia often occur due to the negligence of the physician and healthcare staff. If the healthcare provider pinches or transects the umbilical cord accidentally, the baby will lose oxygen. The baby is unable to breathe on their own, so the umbilical cord serves as their main source of oxygen.

Medical malpractice is happens when the physician is unable to provide hyperbaric oxygen therapy after five minutes of insufficient oxygen. This technique is important, as it reverses the organ damage caused by oxygen deprivation.

Cephalhematoma and Caput Succendaneum

Cephalhematoma and caput succendaneum are vaginal birth injuries that cause permanent deformation of the baby’s head. This happens due to excessive head trauma wherein the head hit the mother’s pelvic bones, delivery instruments, or obstetric tables. If unskilled medical practitioners handled your delivery, they may not be using proper techniques like the wrong use of extractors that hastens labor and causes irreversible head swelling.

If your newborn suffered from any of these medical malpractices, it is important to know that you have a right to receive reparation for your baby’s irreversible injuries. Seek help from a trusted birth injury lawyer who can assist you in seeking for the necessary compensation.

3 Steps to Handle and Go through a Divorce

DivorceDivorce is never an easy process, but sometimes, couples just have to go through with it. People grow apart and life can be better if both parties move on. However, picking yourself up after the divorce can be emotionally taxing. Not to mention the legal procedures you need to handle everything properly. Here are some things you need to keep in mind to go through a divorce and be better after it.

Your Priority is Yourself

Instead of thinking about what other people would say, just focus on yourself and your feelings above all else. Divorce is a big decision and if you don’t reflect upon how you’re doing, you’ll end up more confused and lost. No matter how busy everything becomes and how many voices you hear, just be in touch with yourself. This way, you can move on and not get stuck in a vortex of anger and resentment.

Fight for Your Rights

A divorce can also become complicated if you don’t leave things in a good note. This often occurs if there’s a third party involved or a big act of betrayal has been done. To minimize the financial burdens of the divorce, including matrimonial matters and child custody concerns, look for Long Island divorce mediation services from a trusted expert. A lawyer will help you fight for what you deserve after the divorce, according to the Law Offices of Ian S. Mednick.

Welcome Friends’ Support

When everything is all said and done, always seek the love and support of people you know will always have your back. A great support system is sometimes all you need to get over the past and enjoy a new beginning in your life. Take advantage of this time to take on new challenges and pursue new opportunities to make your life take shape again.

Take these things by heart to go through the divorce a little less painful and stressful than it normally is. This way, you can get up again and live life to the fullest.

He’s Leaving You, Are You Prepared?

Divorce in Denver

Divorce in DenverDivorce is messy, no matter how calmly you and your husband may act during the time it takes for you to separate. There are emotions, memories, properties and money, and many times, children. It’s probably one of the most stressful times any person can ever go through.

The good news is, you’ll probably be fine when the dust settles. For now, however, you need to be ready.

In many cases, a woman is blindsided by her husband, who suddenly tells her one evening after he gets home from work that they need to talk. Sometimes, it’s because he’s found someone new; at other times, he’s realized and is now coming to accept that he is attracted to men. There are also cases in which the man just decides he no longer cares and wants to leave. Whatever the reason, you have to be prepared.

  1. Collect your financial records and make your own duplicates. Have a friend or family member keep them away from your house. A private storage or a safety deposit box is also a good choice. Do this as quietly as you can, when your husband is not home. Avoid all reasons to start an argument.
  2. Your belongings can also start a feud, so while early you should take the things that are not too obvious; your expensive jewelry and credit cards, for example.
  3. Avoid making big purchases at this time, especially if you make more money and did not have your husband sign a prenup.
  4. Start choosing a lawyer. It may not be wise to use the lawyer you and your husband have. A family law attorney is a good choice. As what Divorce Matters says, “This is no time to go at it alone”. They can hold on to the financial records you’ve copied. If you think a document is important for your case, it probably is. And, of course, you’ll need a lawyer to fight for custody if you have a child or children.

When divorce is inevitable, you owe it to yourself to be prepared. Whatever the reason behind the split, do not let yourself be on the losing end when the smoke clears.