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Moving Out of State: What You Need to Know About Your Custody

Posted by on Oct 21, 2018 in Family Law | 0 comments

People move in this country, all the time. Sometimes, it’s for a better job. Sometimes, it’s to be close to family. Sometimes, it’s just because you need to start over somewhere. That’s perfectly understandable, and everyone has the right to do it, but when you have the responsibility to support and raise a child after a divorce, it makes the move a lot more difficult.

That isn’t to say you shouldn’t move. Far from it. Instead, what it means is you need to have a decent idea of what your custody and other arrangements will look like once you are sharing a child across state borders.

To begin with, it’s worth explaining why this is an issue. As BB Law Group PLLC explain, different states have different laws governing things like custody and child support, which means you might find that your agreement with your former spouse may look different once you’re settled in a different state.

Obviously, these issues have to be resolved. Plenty of families live in different states, and there has to be a mechanism to resolve the problem. That mechanism is the Uniform Child Custody Jurisdiction and Enforcement Act and the Uniform Interstate Family Support Act. These establish a process by which disputes that involve custody across different states can be resolved. However, to handle the process properly, you’ll probably need to get a lawyer.

With the assistance of a lawyer, you’ll be able to work through all the same kinds of issues with your kids that you would have within the same state. That includes:

  • Custody disputes
  • Child support payments
  • Child visitation
  • Alimony

However, it’s also recommended that you try to iron out these issues as much as possible before you leave. If there are potential issues, try to work with your former spouse either in person or through a lawyer to find a solution that works. If you need to use the court system, try to use it while you’re in the same state, since that simplifies things significantly.

Once you’re out of state, though, it is good to know that there are resources and means to make adjustments when they need to be made.

If, for instance, your new job doesn’t pan out but you decide to stay where you have relocated, then you may need to make adjustments to child support. That new job, if you keep it, may also mean that you have certain periods that are better for visits and the old times just won’t work anymore (not to mention, the distance will probably require certain accommodations).

In an ideal world, these problems can be worked out first with a former spouse and then simply acknowledged and agreed to by the courts, but even if that doesn’t happen, you don’t have to give up time with your kids or miss out on child support. Everything can be amended; you just have to go through a more complicated process.

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FEMA, Hotels, and Hurricanes

Posted by on Oct 30, 2017 in Natural Disasters | 0 comments

It’s been a couple months since Hurricane Harvey uprooted my family from Houston, destroyed virtually everything we own, while FEMA temporarily relocated us to Austin.

We were ecstatic when FEMA presented us with free hotel and food vouchers. However, once we read the fine print, our family realized that these food vouchers are only good for breakfast. So, because our family because we are missing work and do not get paid if we do not work, our family wakes up ten minutes before breakfast opens and tries subtly stuff as much food as we possibly can into our pockets, at least enough to last until the next day’s breakfast.

I did not expect for the government to be pay for a room at the Ritz with three gourmet meals a day, but they could at least help us out with lunch.

Also, because we are of family of three with a moody teenage child. We are only allotted one hotel room, which makes sense because there are lots of other, larger sized families in need of an extra room. However, with my family being stuck in a cramped room all day, we are getting very sick of each other very fast.

I guess this is one of those ‘be careful what you wish for’ moments because, as soon as I thought this, we all, the other families and mine, received automated phone calls from FEMA that said that, unless we had a specific type of insurance, we could no longer receive these free government vouchers to stay in these hotels and get free breakfast anymore. There was no notice at all that this was going to happen, let alone that it was even in the realm of possibilities that this could, or even might, happen.

While our family is able to still benefit from these government vouchers, many other families, some that we have really gotten to know well, are unfortunately not.

We did have switch hotels though because, for some unknown and crazy reason, our hotel was no longer on the list of FEMA approved hotels. We were left to call to find our own hotel, which would not have been so bad, except every other family was calling to try and get a new hotel room at the exact same time as us. Also, families, without certain insurance, were calling FEMA to try and get FEMA to change their mind about giving them hotel and/or food vouchers.

At least, we finally got a hotel. It was across town,but at least we got one. And, we did not have a lot of stuff to carry because most of it got flooded back in Houston. That’s me trying to look on the positive side in all of this chaotic mess. For more than our financial troubles, I’ll be looking into suing those responsible for our situation by hiring a reservoir claims attorney based in Houston for emotional problems as well. Enough is enough!

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The Enormous Responsibility of Property Owners

Posted by on May 16, 2017 in Personal Injury | 0 comments

Slip and fall accident is one of the top causes of serious injuries in the US. Based on information from the National Safety Council (NSC) Injury Facts, more than 8 million victims of this type of accident are registered every year.

According to the Consumer Product Safety Commission (CPSC), some of the most serious effects of a slip and fall accident are fracture to the hip, torn muscle and ligament, knee injury and broken bones (wrist and/or elbow). People at least 55 years old are the ones most prone to slip and fall accidents and though this may appear as simple accident to many, it is enough to alter an elderly victim’s life, making him/her incapable of further enjoying years filled with worthwhile and fun activities.

A slip and fall accident can occur in any dangerous property, that is, where there are trip hazards that are not noticeable, exposed wires, uncovered metal or wooden pegs, unnecessary clutter, no warning signs, especially on wet surfaces, uneven floors or walkway, moss-filled floors, inadequate lighting along walkways, unstable surfaces, no railings or guardrails, exposed wires, slippery flooring, and so forth. It can happen in hospitals, inside a church, inside a mall or a restaurant, beside a pool, in the office – practically, anywhere, where the owner of a premise is negligent or careless enough as to allow accident-causing elements to remain in his/her area of responsibility.

Sadly, many lack concern in cleaning their own mess, and still many more do not have the initiative to clean their premise – to make sure that everything is safe. This is because it is all too common for property owners to allow unsafe conditions to exist on their premises. In these situations, visitors or tenants may suffer serious injuries, from spinal and brain injuries to amputations to permanent disabilities. And, in the most tragic of circumstances, a person may be the victim of a wrongful death as a result of unsafe premises.

If they do not want to tidy up things for others’ sake, then, at least, they should get rid of any hazard for their own safety. Always, people who are hurt by someone else are those who totally trust that a place, whether public or private, is safe from danger.

Injuries resulting from a slip and fall accident are called personal injuries. Under the law, the person or party liable for such accident is always the property owner. Thus, owners should be aware that after an accident because of their negligence, a claim lawsuit is sure to follow.

On the responsibility of property owners, Oklahoma personal injury lawyers at the Abel Law Firm, say, “Whether a piece of property is a business venture or a private residence, its owners have a duty towards their guests. They are expected to notice and repair any unreasonable dangers their grounds may pose to visitors. If they fail to do so, they can be held accountable for any injuries that people suffer. This responsibility for guests’ safety is legally known as premises liability. Thus, if you have suffered an injury while visiting a negligently maintained home or business, you could be legally entitled to compensation for your related losses.”

Property owners have an enormous responsibility to maintain their premises in such a way that those who visit or live on the property are not unnecessarily put at risk of suffering serious injuries. However, it is all too common for property owners to allow unsafe conditions to exist on their premises. In these situations, visitors or tenants may suffer serious injuries, from spinal and brain injuries to amputations to permanent disabilities. And, in the most tragic of circumstances, a person may be the victim of a wrongful death as a result of unsafe premises.

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Save Your Loved Ones from Sexual Abuse in Nursing Homes

Posted by on Dec 29, 2016 in Elder Issues | 0 comments

Based on records from the Centers for Disease Control and Prevention (CDC), in February 2015, the number of nursing home facilities in the U.S. was 15,700. Nursing home facilities, also called skilled nursing facilities, are places where people, who can no longer be given the necessary care at home, but who do not really need to be in a hospital are brought by their loved ones. These people, or nursing home residents, include: elders, usually 65 years old; individuals who, because of an illness (such as Alzheimer’s or Parkinson’s), require extra care and assistance; and, those needing rehabilitation therapies. CDC records also show that the present number of residents in nursing homes total to 1.4 million.

Due to the frequency of nursing home abuses (as reported over the news), many families are rather opting for assisted living, visiting home health services or caregiving (which will allow older adults to stay at home), especially if the need is custodial care rather than skilled medical attention.

The most common forms of abuses nursing home residents experience are physical abuse, financial abuse, emotional abuse and, the most degrading and wicked of all, sexual abuse. This last type of abusive conduct is committed in various ways, including showing of pornographic materials, forced nudity, fondling, forcing another resident to kiss or touch the victim and, worst of all, forced penetrative acts.

Despite the gravity of the offense, sexual abuse is the least reported type of abuse due to the humiliation the victim feels. Rather than reveal the abuses that he/she is being made to suffer, a victim, instead, becomes withdrawn, silent, sensitive to touch, evasive of eye contact and low-esteemed. Many sexually abused victims also sustain laceration and/or other wounds which they refuse to explain the cause of.

As explained in the website of the law firm Karlin, Fleisher & Falkenberg, LLC, sexual abuse in nursing homes has real consequences for its victims. They begin to feel unsafe around other people and must live with the terror of knowing the abuse could happen again. Unwelcome or non-consensual sexual activity should have no place in nursing homes. Thus, if a family member even has the least feeling of suspicion that his/her loved one may be experiencing sexual abuse, an attorney may be able to help prove it and hold the responsible party accountable.

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Myths About Wrongful Death Claims

Posted by on Nov 22, 2016 in Wrongful Death | 0 comments

Nothing can be more devastating than the sudden death of a loved one. In the time of your grieving, filing a case may be the last thing in your mind. However, a wrongful death claim may just be what you need to get back on your feet financially. When your loved one gets injured in an accident, you have the right to seek damages for the misery that the liable party has caused you.

When filing a wrongful death claim, you may encounter a lot of misconceptions which could affect your chances of getting the compensation you deserve. Here are some myths about wrongful death that you might come across:

Any Relative Can File A Wrongful Death Claim

Depending on which state the case was filed, not just anyone can file a wrongful death claim. In most states, it is the spouse, child, or parents of unmarried children can file a claim. In other states, distant relatives, domestic partners, or the parents of the deceased fetus can recover damages.

There Is No Time Limit When Filing A Claim

Just like any case, you need to file a wrongful death claim within the specified time limit. This will vary from one state to another but you need to file the case within the specified time or else your case can be dismissed or you would not receive any compensation.

Only Claims Concerning Calculated Deaths Will Be Compensated

Wrongful death claims may arise from various circumstances such as medical malpractice, car accidents, or product liability and there are several factors that can affect the result of your claim. Whether the death was intentional or caused by another person, it does not automatically mean that it will be compensated.

The Insurance Company Will Cover Everything

There is a wrong assumption that the insurance company will shoulder all the expenses associated with wrongful death. You should always be ready in case your claim is denied and when the insurance company is not covered by the policy.

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Additional Advantages of Infrared Leak Detection

Posted by on Oct 6, 2016 in Uncategorized, Water Leaks | 0 comments

So many home owners in the U.S. face the same problem: moisture behind walls, beneath their slab floor or over ceilings. This moisture is a major factor in the growth of molds, which, in turn, can cause health and so many other types of problems.

According to the U.S. Environmental Protection Agency, eliminating mold spores in indoor environments is never easy. It only takes as little as 24 hours before mold begins to grow. There is one fact about molds, though: solve the moisture issue and you may just be able to stop molds from spreading and free your house from it for good.

Moisture is usually caused by leaks: plumbing leak, roof leak or leaks behind the walls. It is when a leak remains undetected for some time that it becomes the start of a possible huge and costly problem. Letting professional plumbers do the job of finding and fixing a leak is definitely a wise decision, especially if the source of such leak is hidden, such as behind a wall or underneath the concrete foundation of your house.

One very handy device employed by professional plumbers in locating a leak source is a technological tool that enables them to do infrared leak detection. Infrared home diagnosis will:

  • Detect water leaks and their origin – whether these are in the walls, flooring, or roof;
  • Detect plumbing issues – blockages;
  • Detect pest and rodent nests too besides the leak/s;
  • Detect moisture that cannot be physically be reached with moisture meters; and,
  • Detect electrical “hot spots” which cause potential fire hazards.
  • Results of infrared leak detection are usually captured and documented as professional reports. These are also to serve as tangible proof which is crucial for repair verification and insurance purposes.
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Types of Business Bankrupt

Posted by on Jun 23, 2016 in Finances | 0 comments

The challenges faced by many small businesses are sometimes too much, resulting to these firms thinking if filing bankruptcy would be a beneficial move for them. Bankruptcy is a process that individuals or companies go through to help them eliminate or repay their debts which have increased to an amount that is quite impossible to manage. While individuals file for personal bankruptcies, the type filed by firms are business bankruptcies, which are either liquidations or reorganizations.

The specific bankruptcy chapter that a business may file depends on it form of business. Sole proprietorships, which are legal extensions of the owner (making an owner of a business firm responsible for all assets and liabilities of his or her firm), can file business bankruptcy under Chapter 7, Chapter 11, or Chapter 13. Partnerships and corporations, on the other hand, being legal entities separate from their owners, can file business bankruptcy under Chapter 7 or Chapter 11.

For a firm that really has no future, has no substantial assets, or the debts of which are so overwhelming so that restructuring it would not amount to any benefits, Chapter 7 business bankruptcy may be the best option. A firm filing Chapter 7 bankruptcy, also called Liquidation bankruptcy, simply means that business operations are over.

The firm itself, and whatever assets it has, will have to be surrendered to a court-appointed trustee who, in turn, is tasked to liquidate these and use whatever amount is earned to pay the firm’s creditors. At the end of the bankruptcy case, the sole proprietor will receive a “discharge,” which releases him or her from any further obligation in connection to the debts (this discharge is not available to partnerships and corporations).

If the firm still has a future, then Chapter 11 business bankruptcy would be the ideal choice. This chapter involves a plan wherein financial reorganization is made and the firm allowed to balance its income and expenses, continue earning profits, as well as operations. Reorganization is made under the guidance of a court-appointed trustee, who may also happen to be the owner of the company.

While it is true that many small corporations, limited liability companies, and partnerships shy away from Chapter 11, because it is risky, complex, time-consuming and expensive, many still choose it because it is the only bankruptcy chapter that allows firms to restructure and continue operations.

Chapter 13 business bankruptcy, the third option, but only for sole proprietors, allows business owners to restructure their debt payment plan. For sole proprietors to qualify under Chapter 13, however, their unsecured debt should not be more than $383,175, and their secured debt, not more than $1,149,525.

It its website, the firm Ryan J. Ruehle Attorney at Law, LLC, explains how difficult it can be for business owners to deal with financial problems which could possibly result to the loss of their business. Through business bankruptcy, however, these firms have a way out of these problems and a shot at getting back on solid financial footing.

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