Personal injury refers to an injury to the mind, body as well as emotions due to the negligence of another party. Bodily injury and emotional distress are both types of personal injury claims for which you might be able to receive monetary compensation.

Dealing with Paternity Cases

Ever thought that dads these days just have it too easy with all that time off they get when their kids are born? That childbirth and rearing is the realm of the mother? That, when it comes down to it, there’s just not that much for a dad to do in the days and months following the birth of a child?

Determining paternity is a highly emotional issue for everyone involved, and the result has lifetime effects. We understand how important establishing paternity is to you, so we make it a priority for us. Our family law and Fort Lauderdale divorce modification lawyers can assist with the variety of consequences that typically accompany paternity cases.

Paternity cases can get messy

Florida’s presumption of paternity, as described in our previous blog, doesn’t always apply. The courts can get it wrong, and it is possible that your husband is not the father of your child. Other than DNA testing, perhaps the fastest way to resolve the issue is to ask your husband to agree to end any rights he has to your child, since, as your husband, he is the presumed father. If you’re successful, the child’s biological father can file a petition for paternity, which names him as the father of the child.

Of course, your husband may refuse to end his parental rights and remain the child’s legal father. If you divorce your husband, it’s best to resolve issues of parenthood right away. If some time since the divorce elapses and the issue of paternity arises, then you will undoubtedly need a family law attorney, probably one with experience in divorce agreement modification.

How to Win a Spousal Support Case?

alimony

How can you guarantee that you’re not paying too much or receiving too little support? Here are some tips to get your legal spousal support case going:

File for Temporary Spousal Support immediately.

Know that this case is not retroactive to the divorce filing. Hence, if you are the one who earns less, or you are the one that needs the spousal support, make sure to request first a temporary support while divorce papers are still processed. This procedure is designed to preserve the status that is still waiting for the final verdict of the judge. The court considers the applicant’s demand to sustain the needs especially for the children. If it is granted, the support will take effect from the date of your support filing request and not from the initial divorce filing date. If you keep on waiting,  bad outcome is you will just miss out weeks or even months of the support you need.

Be Organized.

Even before filing a divorce, carefully organize your documents. Create a document that contains your present income, your spouse’s income, debtors and the corresponding amount of money owed, and some ongoing expenses in a neat and understandable manner. With this, your attorney will not find it difficult to gather more supporting documents and in this case, you will be the one to take advantage.

Keep in mind that the more you can control the process, the positive benefits you get.

Going to court for spousal support and other divorce matters is not necessary. This circumstance will likely make you happier if you can avoid this procedure. You can carefully and maturely work out a marital agreement with you and your spouse alone. But of course, always ask your spousal support attorney to back you up and for other better ideas. If you work out a marital agreement and do not ask the court for help, you will stay in control, get more of what you demand, and pay less in legal fees and court cost.

 

 

Choosing the Right Personal Injury Attorney

choosing-the-right-personal-injury-attorneyPersonal injury refers to an injury to the mind, body as well as emotions due to the negligence of another party. Bodily injury and emotional distress are both types of personal injury claims for which you might be able to receive monetary compensation.

Personal injuries are mainly associated with motor vehicle accidents, although personal injury claims related to workplace accidents and claims of assault are not uncommon.

Special and General Damages 

If you hire a personal injury lawyer and win your case in court then you will be entitled to special and/or general damages.

Special damages are typically the more quantifiable type of damages for which you could earn compensation in court. Special damages include medical expenses and any lost earnings that you incurred because of the negligence of another party.

General damages are less quantifiable and refer to emotional distress and pain and suffering. Nonetheless, you could receive both special and general damages if you can prove in court that your personal injury was authentic and the result of another party’s negligence.

Contingency Versus Retainer Representation 

There are two options for legal representation in personal injury cases – hiring a lawyer on a contingency basis or hiring a lawyer on retainer. This, of course, assumes that the lawyer is unwilling to work pro bono or for no charge.

Contingency Personal Injury Lawyer 

The advantages of hiring a lawyer on a contingency basis is that you will not need to pay your lawyer until he wins your case. This puts pressure on a personal injury lawyer working on a contingency basis to put his best foot forward and work as diligently as possible.

A personal injury lawyer working on a contingency basis collects his legal fees based on a percentage of the total settlement. Before going to trial, you and your personal injury lawyer will agree on a fee or share of the total settlement that your lawyer will take home should your lawyer win the case for you.

This fee, or percentage of the total settlement cost, that the lawyer takes home is only awarded to the lawyer should he win your case. Moreover, individual states give limits to the amounts that lawyers can take away. Normally, the percentage is set at one-third of your total settlement.

As an example, if you win a personal injury case and are awarded 3 million dollars in court, a personal injury lawyer acting on a contingency basis would take home one million dollars, or one-third of the total settlement.

Retainer Personal Injury Lawyer 

If you use a lawyer on an hourly basis you will probably have to retain that lawyer. Keeping a lawyer on retainer works like this – the hourly fees you pay the lawyer go towards the legal expenses associated with your personal injury case. Fees for a personal injury case are normally related to obtaining expert witnesses or hunting down medical documents related to your case.

The hourly rate that you pay your personal injury lawyer held on retainer is put towards a retainer trust. This trust is used to pay for legal fees associated with your personal injury case.

What Lawyer is Right for You? 

Many clients choose a personal injury lawyer working on a contingency basis. Because your lawyer won’t take a dime until he wins the case, this incentivizes your lawyer to work even harder on your behalf. Another bonus to hiring a personal injury lawyer on a contingency basis is that you can negotiate his “cut” or the percentage of the final settlement that he will take home should he win the case for you.

What Causes Emotional Abuse?

emotional child abuse

There are many types of abuse but the most disturbing one and the most draining of all is the emotional abuse. Emotional abuse is the psychological and social pattern relating to child abuse and is one of the strong components that cause harm to children.

 

Many parents are emotionally abusive but not that much physically or sexually abusive to their children although at some point emotionally hurting the child may sometimes lead to physically maltreating the latter. Emotionally abusive parents are those that focus on their goals, wants and needs rather than think of sustaining the needs of their own children. That is how child-rearing malpractice comes into picture. In most cases, this can be seen through noticing overt aggression towards the child which includes shouting or repeatedly intimidating the child. Over manipulation, using hurtful words is also considered as maltreating the child. Parents may also emotionally abuse their children by mis-socialising them or by restraining them from going outside, discovering themselves and keeping bonds with peers. A child has the right to socialize accordingly at age and it shall be considered a normative action to attain cognitive development.

 

Meanwhile, emotional abuse does not just initiate at home. Teachers, workers and other adults can also emotionally abuse the child in other parts of the community by taking power over them. Additionally, children can also experience emotional abuse from other children through bullying. It is said to be the growing problem of institutions nowadays. It has to be tamed out because it degrades the child and may cause trauma as he approaches adulthood. Many cases constitute with emotional abuse during the child that affects the adult behavior. It seriously deteriorates the morale of the child which subsequently leads to another round of emotional abuse especially if that once emotionally beat up child grows up still affected of the past and pours his own frustration towards his own child.

 

Emotionally abused children can be distinguished through their behavior. They are the children who are always silent, unhappy, aloof, frightened, distressed, behaves violently, inattentive to school discussions and activities, and sometimes they can also act way too mature for their age.

 

Marriage, Civil Union and Domestic Partnership

marriage-civil-union-and-domestic-partnershipSince the Obama Administration and U.S. Supreme Court have decided that part of the Defense of Marriage Act (DOMA) is unconstitutional, the term “civil union” is coming back into vogue.

Civil Unions: Definition, Legality and Reasons For 

Although the United States federal government still does not recognize civil unions as legally binding, a civil union itself is a partnership that’s like marriage. A civil union, in other words, carries many of the same rights and responsibilities as marriage.

The idea behind civil unions is to grant many of the same rights to same-sex couples. That is, states like Vermont, Connecticut and New Hampshire have extended many of the same rights that married couples would have in those states to same-sex couples in the form of civil unions.

The legal protections with respect to civil unions do not extend beyond the state in which the civil union was granted.

Even in light of the U.S. Supreme Court invalidation of Section 3 of the Defense of Marriage Act (DOMA), civil unions are only recognized by the states in which civil unions are permitted.

Civil unions are said to establish kinship and be very similar to marriage in terms of rights that the state bestows on the couple.

Civil Union Vs Domestic Partnership 

So, what is a domestic partnership? When two people live together and share a home for an extended period of time – granted those two people aren’t already legally united by a marriage or civil union – that may be grounds for a domestic partnership.

A domestic partnership offers some legal protection, but considerably less legal protection than a common-law marriage would grant the couple. That said, you can go to a domestic partnership registry to have your domestic partnership recognized legally and thereby gain access to more rights. A domestic partnership agreement, moreover, could be something to consider if you are concerned about support or property issues, provided neither party is in a common-law marriage.

California actually became the first state to officially recognize domestic partnerships in 1999. In 2003, the state expanded rights associated with domestic partnerships to offer same-sex couples many of the same benefits as married couples in California. Because the 2003 expansion of domestic partnerships in California was so comprehensive, legislators and voters alike felt that the differences between domestic partnerships and civil unions had virtually disappeared in the state.

Civil Unions, Domestic Partnerships and Marriage 

Marriage

Traditional marriage, in many ways, remains the gold standard by which the rights granted to individuals vis-a-vis civil unions and domestic partnerships are compared. Unlike domestic partnerships and civil unions, marriage is recognized federally and grants more rights.

The institution of marriage comes with almost too many legally-binding clauses to quickly sum up. Everything from the debts of a spouse to visitation rights, legal guardianship of children and joint fund of property laws are tied to common-law marriage.

Domestic Partnerships 

In many ways, though, a domestic partnership remains the lowest rung to be had among couples looking for more joint rights.

Domestic partnerships, moreover, are a hodgepodge of laws that vary based on the state in which the domestic partnership is recognized, and domestic partnerships rights do not transfer to other states nor are domestic partnerships recognized federally.

Civil Unions

Since Vermont and Connecticut recently started offering common-law marriages for same-sex couples, New Jersey is one of the few states to continue offering only civil unions for same-sex couples.

The rights granted for civil unions are slightly greater than those given to same-sex couples in domestic partnerships. For instance, some civil unions are recognized in multiple states.

8 Steps to Make Your Divorce Go as Smoothly as Possible

8-steps-to-make-your-divorce-go-as-smoothly-as-possibleWhen a couple decides it is time to divorce, the process can be emotionally and physically exhausting. Because a lot of emotion goes into a relationship, it is safe to say that a lot of emotion goes into a divorce as well. If you are headed towards a divorce, it is in your best interest to ensure it is a smooth process. We’ve collected 8 steps that will help ensure your divorce is a painless and smooth process.

1. Deal with the Emotional Fall Out

In most cases, a divorce doesn’t come out of the clear blue sky. Even though many divorces are a “long time coming” it can be emotionally difficult. If you are having a hard time coming to terms with the divorce it is important to deal with the emotional fall out first. It is okay to feel upset and hurt, but you need to get past those feelings before you can proceed.

2. Avoid Being Spiteful

When divorce proceedings are started, it can be rather difficult to see things objectively. Many people find that their judgment is clouded by their anger towards their soon-to-be-ex, especially if cheating, lying or betrayal play a role in the divorce. In order for a divorce to go smoothly it is important for the couple to work together to hammer out the most amicable deal, especially if children are involved. To do this, both parties have to avoid being spiteful.

3. Find a Counselor

If you are having a hard time coming to terms with the end of the relationship finding a counselor to speak to can help the process. You can choose to seek out couples counseling, or find counsel for yourself. Couples counseling is not always about “saving the marriage”, in fact, many couples’ counselors help divorcing individuals get on the right emotional footing to proceed with the divorce. It can be invaluable to a couple who will still need to co-parent even after the divorce is finalized.

4. Hire a Lawyer

It can be hard to see your way through a divorce on your own. While many divorces don’t require a lawyer in the end, retaining legal counsel is always in your best interest. At the very least, seek out a consultation with a divorce lawyer. During a consultation the lawyer can give you a general idea of how to proceed, and what your best course of action is. Having a well laid out plan can help you see your way through the proceedings.

5.  Seek a Mediator

Mediators can be incredibly helpful during divorce proceedings. Divorce mediation has the goal of keeping the lines of communication open between both parties, and helping the couple come to an amicable agreement about the division of assets, child custody, and other aspects of the divorce. Many couples think they can hammer out these issues on their own, but a divorce can be a rather emotional time for both individuals; because of this, coming to a resolution without help can be difficult. A mediator is simply there to help both parties stay objective through the proceedings.

6. Don’t Battle Over the Little Things

Divorce lawyers often quip that many of their clients pick a “hill to die on” and won’t let go. Often times these chosen battles are over small, inconsequential aspects of the divorce. For example, there have been divorce proceedings where a couple will argue over who gets the kitchen knives, or the DVD collection. Divorce lawyers agree that it is entirely unnecessary, and financially irresponsible to argue over such small things. If your future ex wants the DVDs, let him or her have them. You can buy a new collection for half the price it would cost in court to battle over.

7. File the Paperwork in a Timely Fashion

Divorce proceedings can be dragged out for years, in some cases, and often times they are dragged out because one party is dragging their heels. To make your divorce as smooth and painless as possible, file all of the paperwork in a timely fashion. Divorce lawyers can be especially helpful with this. Ask your lawyer if there is anything further you need to do, and how to get everything done, so the divorce is finalized quickly.

8. Stick to the Stipulations of the Divorce

Once everything has been worked out, stick to the stipulations of the divorce. Paying alimony and child support on time, and vacating the home as agreed upon is the quickest way to ensure the divorce gets settled and everyone can move on with their lives. Future hearings may be necessary if children are involved, but sticking to the plan can make everything a smooth process.

Why You Should Hire a Child Custody Lawyer

Practicality matters are often discussed in connection to legal process. It entails the situation of the child to the parents who may no longer be settling down under one roof. Common scenario is when a couple with a child or children separates or divorces, one or the other fears to be deprived of the child. Both sides expectedly fear that the child be taken away from their side. On that circumstance, no matter they want it or not, they have to agree and make proper arrangements of sharing the custody to make life easier for the child. However, if they fail to compromise and follow the adjustment pattern, a child custody lawyer has to be consulted right away. Having a child custody lawyer will help to clarify the real picture of the situation and subsequently make effective solutions to the problem with the needs of the child or children to be prioritized.

Some of the things that a professional lawyer can solve are the issues on the paternity of the child especially if the parents are not married and the defining rights for both sides, topics that may come out from grandparents who would get themselves in to the picture, the child’s schooling, health medication and treatment, the child’s financial and moral support, the visitation arrangements, the decision as to where shall the child take permanent residency to and many more.

Know that a child custody lawyer is much different from any other types of lawyers because they might as well more oriented about child custody matters than any other type of lawyer. In situations like this, you won’t just be talking about you, your feelings and your personal interests but the child’s welfare. These are the important key factors that a parent should consider when hiring an efficient child custody lawyer:

First, the parent should consider their financial status and how much they should be spending if they decide to hire a child custody lawyer. This type of lawyer is said to be more expensive than the others so if you find it costly, you can settle on a free or low cost representation courtesy of family court.child custody

The disadvantage about this is that the family law court have bigger tendency to depend on you being able to sustain the child financially.

Secondly, consider how complex the case is. This will appear if the divorced or separated couple live in different states. Even if the parents are there to firmly represent themselves, cases like that are deemed complicated so you will need a private lawyer who is knowledgeable on that case. This will increase your chances of winning the case.

Lastly and most importantly, do a background check on your lawyer to know if he has a stable and strong reputation. Choose a lawyer whom you know is capable of proving your parental rights in the court and winning your side. Know the rules, the strategies and other possible ways to ensure you will emerge the victor against the former partner.

Obtaining Legal Parental Rights for Same-sex Couples

same-sex parents

We can call one a legal parent if he has the right to live with a child and be able to make decisions about the child’s health, education and personal well-being. A legal parent is also considered responsible for any financial expenses referring to support for the child. When a married couple has taken every instruction to legally adopt a child, then both are automatically called as legal parents. They will remain the child’s legal parents even if in some cases, they separate.

 In other states, some same-sex couples are fortunate enough to be able to jointly adopt a child.  It is also possible when one partner can adopt the biological child of the other partner through a second parent, a stepparent, or even a domestic parent adoption. Having this process will ensure the couple to be legal parents of the child.

 Some states in the United States have legally allowed same-sex marriage, however, lawyers in states that recognize same-sex bonds continue to recommend that same-sex couple complete stepparent adoptions on behalf of the nonbiological parent. The adoption will stand right there as extra protection if the parties travel to a state that does not acknowledge same-sex relationships. It would also mean that the federal government should acknowledge the parent-child connection for Social Security purposes and other more benefits.

 On the other hand, in other states, same-sex couples are not directly considered as legal parents. The second parent is not considered as legal parent unless a second parent adoption has been processed and completed. Say for example if both you and your partner are in this same situation, it is a must to understand the rules and the law. It is important to make a parenting agreement setting out your unselfish understanding about sharing rights and responsibilities for your child. If you do it as early as now, it may prevent possible legal and emotional grief that you may encounter ahead.

 As what has been continually recorded, bisexual couples bring children into their lives in many different ways. In lesbian relationships, it is usual that one partner gives birth to a child and the other parent automatically becomes the second parent through the stepparent process of adoption. That is, if permitted by the state they are in. On the other side, gay couples can obtain a child by hiring a surrogate to carry a child born from one partner’s sperm and donor egg. In most cases, as long as the same-sex couple are really interested to having a child of their own, they can adopt jointly so they would be considered as legal parents from the very start.

 

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The Perks of Having Bisexual Parents

bisexual

Gays, lesbians and bisexual parents have been parents for already a long time. Some got to have children from previous heterosexual relationships while some prefer to adopt and become foster parents of orphaned or abandoned children. All these days, Lesbian, gays and bisexuals have poured on surrogacy agreements and co-parenting agreements to be able to grow a child. The law has passed bills that lesbian, gay and bisexual people could also attain legal rights towards parenthood like anybody else because as observed, gay people are capable of creating loving and harmonious families.

Although becoming inherent, there is a low percentage of children with bisexual parents because majority of the parents conceal their homosexual orientation fearing that they will subsequently lose custody, visitation, or adoption rights. Although bisexuals are becoming largely accepted, majority still worry if gay or lesbian parents can give growing up children a peaceful and healthy environment to live in. Also, discrimation is another thing to consider in the judicial system. Most of the time, gay and lesbian parents lose primary custody of their children over divorce stage. Additionally, most states are still against adoption by gays and lesbians.

However, sexual orientation does not differ since children raised by gay or lesbian parents were not bound to become homosexuals also. This is somewhat interesting to study because as we know, these children may have received important part of their genes bisexual parents and grew up in communities held and ran by those types of parents. Along with that, children later on turn into adolescents  and adulthood, and they stay as heterosexuals, and with that they were not to be reported as being homosexual.

Moreover, adopted children of bisexual parents mingle mostly with same-sex peers just like any other children in the society. They also do not show any distinction with regards to popularity or other social affiliations. Research studies have observed that there are no relevant differences in sociability, difficulty on emotional aspects, hyperactivity, behavioral problems, maturity or intellectual capacity. Another study revealed that lesbian mothers are more lovable and considerate. In exchange to this, other heterosexual parents and teachers rated them as very affectionate, understanding, protective and even more responsive than children raised by heterosexuals.

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