The dissolution of a relationship is difficult on its own, but adding children to the mix can make it even worse. This is especially true if you and your partner weren’t married. As an unmarried father you will want to make sure that you have custodial or visitation rights to your child. The following tips can help you secure these rights.
Tip #1: Establish Paternity
Hopefully your paternity was established at the time of birth. This is typically done by listing yourself as the father on the birth certificate. If you are not listed as the father on the birth documents, then you may need to take some extra steps to establish paternity. This may require blood or DNA testing, depending on state law and whether the mother is contesting your paternity.
Tip #2: File for Parental Rights
In some cases you may need to file for parental rights. This usually occurs if the relationship breaks up before the birth of the child. It’s vital that you do this right away. Not only does this begin establishing paternity, it may also prevent your ex from assigning custody to someone else, putting the child up for adoption, or listing someone else as the father.
Tip #3: Request a Temporary Visitation or Custody Agreement
Depending on the cooperation of your ex, you can draw this up yourselves or you may need to seek a court-ordered temporary agreement. Keep in mind this agreement is not binding and it is subject to change once the final court-ordered custody and visitation agreement is settled upon. It’s also very important that you follow this temporary agreement exactly. In other words, don’t skip visitations – you don’t want it to look like you are shirking your parental duties when the court begins making final decisions on your case.
Tip #4: Get Assistance
State laws can vary greatly, so it is vital that you have a local family law attorney on your side to help you navigate the legalities of securing custody or visitation. In fact, you want to seek advice as soon as possible. Your lawyer can handle communications with your ex and her legal team if you feel too emotional to do so responsibly. They can also advise you on the best tactics to take regarding visitation and child support. They can also help you sue for custody if you have reason to believe that your spouse is an unfit parent. Contact a company like Ivy Law Group PLLC for more information.Learn More
Regardless of the reason for it, no one wants to be subject to the close personal attention of law enforcement. The problems most people encounter stem from a lack of understanding about how the criminal justice system works. Once you better understand the rights and protections afforded to every citizen by the law, you’ll find the entire experience to be much less unpleasant.
The easiest way to make any official interaction with law enforcement go more smoothly is simply to comply with them. There are some limits you need to be aware of though, both to ensure you’re protecting yourself and to expedite the interaction. To begin, don’t volunteer access to your personal property, including your person, residence or vehicle unless served with official documentation, signed by a judge. When talking to a police officer, remember to answer only questions that you’re asked, but be aware that you can choose to stop answering questions any time you wish. Also remember that as a citizen you are free to disengage from any law enforcement interaction at any time, unless you are being arrested or detained. If you wish to walk away, simply ask if you’re “free to go”. You are either free to leave or you’re about to be arrested, and either way you should be done talking.
“Am I Being Detained?”
If you’re being detained or arrested, the officer is required by the U.S. Constitution to advise you of your rights, and receive acknowledgement that you have heard and understood them. At this point you should avoid anything that might be seen as physical resistance, hesitation or aggression. All questions being asked are now a part of an official investigation and it’s in your best interest to have a lawyer present.
Being arrested and requesting a lawyer will prolong your stay in custody, which is often why people under arrest waive that right. Guilty or innocent, having a lawyer present for any questioning is your best chance of a positive resolution to this encounter. The less you’ve shared with the investigating officers at this point, the more effectively your lawyer can work on your behalf, but it’s also in your best interest to be as forthcoming with your attorney as possible. This will ensure that they are able to advise you more effectively and reach the desired outcome.
No one wants to find themselves under scrutiny by the police for any reason, but if it happens it’s important that you know how to best impact the outcome. Taking the right action, and knowing how to interact with police will help your attorney get the most desirable results possible.
Contact a law office like Law Offices Of Jerald Silvia to learn more.Learn More
While no one really plans on being in an auto accident, it can happen at any point in time. No one is immune to car accidents. They might be due to bad weather conditions, negligence of the other person or any number of other things. Regardless of what caused the accident to happen in the first place, there are a few things that you want to do to make sure you get the compensation you deserve and your claim is handled properly. Avoid making one of these three mistakes in your auto accident claim.
Failing to go to a medical professional for an examination.
Oftentimes, people will forgo getting a medical examination after being in a car accident because they don’t think their injuries are all that big of a deal. They figure that since they aren’t in a lot of pain now, they can simply skip going to the doctor. However, that isn’t in your best interest. You need to get into your healthcare provider or the emergency room and get a thorough examination. Even something as small as a sore arm could end up turning into something more serious down the road. You are better off getting everything documented in full, just in case something does come to the surface down the line.
Not getting a police report before leaving the scene.
Just because you might not think that your vehicle is that badly dinged up, that doesn’t mean you should leave without getting a police report on file. It is more important than ever that you have a police report to get compensated for your vehicle damage and any medical injuries you might have sustained. This lays the groundwork for your claim and shouldn’t be ignored.
Forgetting to take pictures and keep accurate records.
Make sure you take pictures of your vehicle, your injuries, the scene and anything else you can think of. By having pictures of the incident, you can present them to the insurance company as proof of how bad the incident was and how much damage it caused. This prevents them from trying to downplay the damage and shortchange you on the settlement. Documenting your medical expenses and lost wages, as well as taking pictures, will go a long way in getting the compensation you deserve.
By not making one of the mistakes above and having a trained auto accident attorney working on your claim, you can make sure you get what you deserve and the insurance company doesn’t take advantage of you along the way.Learn More
Although divorces can be be granted for a variety of reasons, ranging from cruelty to a mutual decision by the couple to no longer live together, there are times when a judge is within his or her rights to reject a couple’s divorce petition. Here are two instances when this may occur.
Insufficient Fault Grounds
The legal term “grounds for divorce” refers to a list of reasons the state will approve a separation for. For instance, in New York, adultery is an acceptable reason for a divorce.
Although all states have amended the divorce laws to include some type of no-fault option, there are times when that option is not acceptable or available and you must give grounds for the divorce. For instance, if one spouse leaves and never returns for a period of years, the petitioning spouse must list abandonment as the grounds for divorce in some states.
Sometimes it may be more beneficial to use fault grounds. Domestic abuse survivors may be awarded more money or assets if they claim abuse as the grounds for divorce, for example.
In fault grounds cases, the petitioning spouse must prove his or her claim. If you claim adultery as the reason for divorce, then you must provide evidence to the court showing your spouse cheated on you. If you’re unable to present sufficient evidence backing your claim, the judge will deny the divorce petition.
Spouse Unable to Consent to or Understand the Proceedings
In general, the courts require both spouses to have the presence of mind to consent to or understand the divorce proceedings. Your spouse doesn’t necessarily have to agree to get divorced. However, he or she must be able to follow the case, provide testimony, and make decisions. If the person can’t do that, then the court will reject the divorce petition.
Consent is primarily an issue with spouses who are mentally ill or suffering from some type of addiction that affects their mental competence. Unfortunately, in these cases, it may be necessary to either wait until the person gets his or her issue under control or ask the court to appoint a representative who will act in your spouse’s steed.
Typically when judges deny a divorce, it’s “without prejudice”. This means people can simply file the paperwork and try again when they’re more prepared. To avoid this type of issue in your case or for assistance with litigating a separation, connect with a divorce attorney near you.
For more information, visit websites like http://www.kamesquire-com.webs.com.Learn More
Many people enjoy heading out for a ride on their motorcycle during a warm summer day. Unfortunately, there are times when things don’t go as planned and you end up being involved in an accident through no fault of your own. While this is a frustrating and overwhelming experience, you want to make sure you don’t end up doing something that is going to make your claim for compensation even more difficult and troublesome. Avoid making one of the following mistakes to ensure you get the money you deserve.
Failing to get checked out right away.
Oftentimes, people will end up putting off going to the doctor or ER to get checked out by a medical professional. Since your adrenaline tends to be higher after an accident, you might not be able to feel the extent of your injuries. What might seem insignificant right now, could end up being quite painful in a couple days. Injuries tend to show up and intensify in the days following an accident. However, you want to make sure you get in and get checked out right away to document anything you have going on. This ensures the insurance company can’t try and blame the injury on something else that happened in your life.
Not taking pictures of your bike and your injuries.
Take pictures of any cuts, scrapes, bruises, broken bones and other injuries that you sustained from the accident. Document the injuries with each passing day to keep an account of how the injuries progressed. You also want to take as many pictures of your motorcycle as you can. Even the smallest of details can be quite significant when all is said and done and you are looking to replace your bike. You also want to make sure the insurance company doesn’t try to omit any injuries or custom details and short you on your claim.
Ignoring your follow-up appointments.
If you have follow-up appointments with a physical therapist or healthcare provider to get checked out, make sure you go. Don’t miss the appointment or continually reschedule them. It shows that your injuries aren’t that bad. It is vital that you go when you are told and continue with the progress toward recovery.
By not making one of the mistakes above, you can make sure you get the money you are entitled to and the insurance company doesn’t try and take advantage of you along the way. If you need additional help fighting against the insurance company, contact a law firm, like Whiting, Hagg, Hagg, Dorsey & Hagg.Learn More
What once seemed like it would last forever is now coming to an end. Coming to the decision to get a divorce is not easy, but if you and your spouse have decided that is better for both of you – and your children, if you have any – to end your marriage, then a divorce is clearly the best option for all involved.
Though this time in your life can be emotionally taxing, with the help of a family attorney who specializes in divorce, this difficult time can be made a bit easier to bear.
Here’s a look at four ways a divorce attorney can help to make the journey down the bumpy path of divorce a bit smoother.
With the help of a family attorney like Souders Law Group who specializes in divorce, you can get through this difficult time in your life a bit quicker and a bit easier.Learn More
Physical injury is one thing in a personal injury claim, but emotional distress can be a lot harder to prove. Unlike a physical injury, emotional injury cannot be seen with simple observance in most cases. If you plan to base your personal injury claim on mostly emotional distress, there are five questions you should ask yourself to make sure you actually have a chance to prove your claims.
1. What is/will be the duration of your emotional distress? If the emotional distress you are experiencing is only short-lived, you have less of a chance of having a basis for a legal claim. For example, if someone posts a picture of you online and you are temporarily embarrassed, the effects will most likely be short-lived. However, if a photo is so degrading that it haunts you for the rest of your life, affecting future relationships in your personal and business life, this would be considered long-term distress.
2. How severe is the underlying cause of your emotional disturbance? The initial action or negligence that caused your distress to start with will be heavily influencing in court. Simple actions of disregard are not usually considered as emotionally damaging as something major, such as an animal attack or medical malpractice claim.
3. Can your claims be proven by a psychologist? A doctor’s note will not just help if you have physical problems, but if you are suffering with emotional damage as well. If you’re so distressed after an incident that a psychologist will put it in writing, you will have a better chance of getting somewhere with a legal suit.
4. Is your distress related to a physical impairment? A personal injury claim will be much more likely to land in your favor if your emotional distress comes from a physical injury. For example, if you were in an auto accident where the other driver was at fault and you are left walking with a cane for the rest of your life, the emotional distress of the situation can be considerably high.
5. How intense is the distress you are experiencing? Even the intensity of your emotional distress will be considered in a personal injury claim. If an accident or injury leaves you feeling vaguely bothered, you probably don’t have a case. But, if the intensity of your distress is enough to affect your everyday life negatively, you should talk to a lawyer.
When it comes down to it, emotional distress can sometimes be one of the most difficult types of personal injury claims to prove. However, if you have the right answers to these five questions, there is a good chance that your claim will be successful. Talk to your chosen personal injury lawyer, such as those at The Gil Law Firm, for more information.Learn More