The Law

The Return of the Child: A Seamless Handover

The Law

Child Custody in AlbuquerqueIf you are a divorced parent, one of the best feelings in the world is seeing your child come back after a vacation or stay with the ex – because if you were honest enough, you’d rather avoid handing over your child, in the first place.

Despite the fact that your ex will take care of your child, it’s still difficult to endure the long wait before they come back. As a parent, it’s natural to worry about their welfare, as well as wonder if your ex will do a good job (especially if you came from a high-conflict divorce). You want the kids by your side, but even the best child custody attorney in Albuquerque would discourage you from being selfish with the non-custodial parent.

Handovers are bittersweet moments and in some cases, difficult to manage.

Fortunately, there are things you can do to ease the angst:

Realism Matters

The upcoming reunion results in a basket of mixed emotions: eagerness, excitement, and nervousness. You need to come to terms with the reality that there’s bound to be some emotional baggage – if not from you, then perhaps from your child, your ex, or maybe someone else in your immediate family.

Acknowledging the reality that not everyone will accept the “handover moment” in the same way should be where you start. Approach the future reunion (or, the future goodbye) realistically. Know that the possibility of an awkward shift is very real, and give people – including you – time to adjust and settle back into normalcy.

Sympathize with the Other Side

Your reunion with your child encourages anticipation and excitement. The ecstatic feeling makes it easier to ignore the feelings of the other side. While you dream of the day your child hugs you back, your ex probably dreads the day they hug them goodbye.

There’s nothing to lose when you sympathize with your ex-spouse. Don’t take it personally when they become frustrated or angry; they will just miss your child. Rather than lash out or be smug about the ordeal, keep your feelings in check. Be polite and keep it as civil as possible.

Having your child back can be an amazing experience, especially if you get through the handover. With a little sensitivity, you’ll get through this awkward phase. 

Contesting a Will? 3 Legal Grounds You Should Know

The Law

Probate Lawyer in DenverDid your deceased relative promise to include you in their last will but they didn’t? Or are you an estranged son who felt left out of your deceased parent’s will? If you feel that you should be part of a person's will, you can contest it in court. But read the following legal grounds for challenging a will before proceeding with the legal process:

1. Ignoring State Law

According to probate lawyers in Denver, each state in the US has specific laws governing last will and testament matters. In some states, for instance, a Testator and at least two witnesses must be in the same room at the time of signing the will. If you can prove that the will wasn’t signed in accordance with particular state laws, it is a strong reason to invalidate the will.  

2. Lack of Capacity to Sign

Commonly used when the Testator had grave health conditions before passing, this ground to invalidate a will is somewhat difficult to prove. As long as your deceased loved one understood the will and had the capacity to sign it at the time of signing, their last will and testament will be deemed valid. Even if they have signs of dementia before passing, it’s hard to prove that they lacked the capacity to sign at the time of signing. However, you can still use this legal ground if you have the witnesses’ testimonials to support your argument.

3. Undue Influence

Do you have proofs that your loved one was pressured by another relative to sign the will? If yes, then you can challenge the validity of the will using the undue influence as a ground. However, you must prove that the pressure was extreme, causing the Testator to lose free will during the time of signing. Threats, nagging, and verbal abuse are often not enough to prove extreme pressure, says a number of estate lawyers.

Apart from knowing the possible legal grounds you may use, you must also consult with an attorney who handles last will and testament matters. With a professional help, you will have a better chance of claiming the sufficient benefits from your deceased loved one’s estate.

A Responsibility to Millennials: Letting Them Know About the Rules

The Law

Young Employees in New ZealandYoung people today know what they want and what they need to do to achieve it. This ends up at the subject of working, something they are famous for, but not for something good. They know what they have to do, but as employees, they must know where their obligations start and end. This means explaining to them the rules that they have to follow and the law that requires it.

It is not the easiest thing to talk to ‘millennials’. Most of them are only starting to work and while they are technically adults, they still need guidance. They may never break these rules, and knowing about them will definitely play a part.

The Unseen Rules Matter the Most

As the employer, you have no obligation to ensure your employees are taking the right path. You pay them in exchange for their effort, but it is a part of your responsibility to know what they can do and what you can do. This is why a course on employment law is important. It is far from a prelude to a late career in law, but it is what you need. You will then use this knowledge to create your own rules in the company, one that you find fitting in your industry, and pass it on to them.

A lawyer is necessary at times and in most cases, it is about setting boundaries. You do not want to suffocate this crowd, but if they know their limitations, it would be easier for them to do their work. Either this or utter chaos when someone breaks the rules; it is your duty, plain and simple.

For the More Serious Part

As young people get older, they will have more freedom to do what they want. A good foundation for this inevitable occurrence is for them to know what happens when severe actions receive an equal reaction, i.e. about redundancy. NZ’s I.R. Thompson Associates notes that this is one of the more serious things they should be made aware of. Fair is fair, which is the most important thing about redundancy, among other austere issues about employment.

It may seem a lot now, but this will become a mere footnote of your business. Rules are there for a reason and in a work environment, it will lead to more learned employees and a more fit workplace.

Qualms about Divorce? Science Says Better Days Are on the Horizon

The Law

Divorce Cases in UtahTo most Utahns, divorce is generally the answer to ending an unhappy marriage. While it may be the ultimate process to legally move on and find your happiness elsewhere, you know it’s more complicated than that. Divorce is full of uncertainties, a long, dark tunnel perhaps paved with years of emotional, mental, and financial difficulties.

Good news is there’s always light, a glimmer of hope that await divorced couples—particularly in the Beehive State. If you have misgivings about getting a divorce, make peace with yourself since research shows that things are going to be alright:

Love is Likely to Last the Second Time Around

Mt. Nebo Law says that even if you ask any experienced divorce attorney in Spanish Fork, Provo, and Orem would say that divorced Utahs tend to find their perfect match if they remarry. This is the reason men and women in Utah have the lowest chances to be divorced (again) in the country.

While the state registers an above-average divorce rate, numbers show that second, or sometimes third, marriages seem to last.

Things are Expected to Work Out if You Remarry Old Enough

To reduce the odds of divorce in succeeding remarriages, you must also say “I do” at the right age. According to a study, couples that get married after the age of 32 tend to stick together forever.

This is why divorce is only popular to the young in this state. The study’s author reveals that the case could be due to the economic recession, millennials tending to put off starting a family until they’re more financially capable.

Whatever the reason, the key is to never rush and ensure you’re 100% ready to commit to another person again. If you are to make your next marriage last, time is your ally.

Your Children are Possibly Happy That it Ended

Surprisingly, a study shows seven of 10 children with divorced parents actually understand the motivation behind the separation. They feel it’s the ultimate solution to solve marital issues.

This doesn’t mean they’re not affected by the divorce to some extent, but, at least, more kids view a broken family better than a complete family without love. If your children are the only reason holding you back to file for divorce, realize that even they know it’s for the better.

Nobody dreams of getting a divorce, but it’s usually a blessing in disguise. It may spell the end of your failed marriage, but it likewise marks your life’s new chapter that’s full of opportunities to be happy.

What Happens After You’re Charged with a DUI

The Law

DUI Attorney in Springfield, IllinoisGetting arrested for a DUI (driving under the influence) charge may seem like the end of your happy life. But, that does not have to be the case. With thorough research and legal assistance, you can win the fight against any legal battle. 

Don't let a DUI case ruin your life. Let this article help you what to do. 

  • Being charged with a DUI is a serious offense, says Noll Law Office. It may have serious repercussions, including a hefty fine, a suspended license, and maybe even jail time. You will need to appear before a judge for an arraignment, which is a court appearance where you will be formally charged with the offense. At this point, you will have to respond by entering a plea of guilty or not guilty.
  • The fact is that you need a lawyer to represent you at this point. You can either plead guilty or not guilty. The not guilty plea can change later on, depending on many factors. The amount of your bill will also be set at this point. Most states will allow you to have a jury trial, which can be dropped later. You need to remember that you should deny any charges of prior DUI charges, as you will be able to challenge them later on.
  • Once you have been released from jail, you can seek the help of an experienced DUI attorney in Springfield, Illinois, to evaluate your case. Your alternatives at this point are to plead guilty to the charge or try to plea bargain the charge down to wet reckless driving, i.e., reckless driving when drunk. You can also ask for a trial before a judge or a jury trial, which is available in most states.
  • If you’re blood alcohol level (BAC) was over 0.08%, but below 0.12%, you may have a slim chance of winning the trial but this reading is enough in most states to convict. If your BAC was over 0.12% you stand almost no chance of winning the trail and your best chance is to plea bargain.

Knowing the consequences is one of the ways to curb the mishaps due to DUI. It's best to know the limits and abide by the law, but in case you are in a DUI mess, don’t hesitate to get some professional help.

Two of the Most Famous Trials Ever Viewed on TV

The Law

Criminal TrialsHigh-profile criminal trials are nothing new to the American public. Everyone knows there are thousands of criminal trials that never make it to prime time TV, to the front page, or to social newsfeeds, but they’re there. It’s just that there’s something about high-profile cases that have audiences around and even outside the country glued to their TVs. In some cases, those who are on trial themselves reach a certain level of celebrity status, if only for a while.

Bernripka.com sites two of the most popular trials ever to grace the covers of national broadsheets and leave even the most experienced lawyers in New York and other major cities shaking their heads.

  1. The O.J. Simpson Trial

When it comes to famous trials, no list is worth its amount in ink if the name O.J. Simpson is not included. Truly, this case set the bar for 24-hour media coverage — and that was way before Twitter. It was called the Trial of the Century. Former football star and part-time actor O.J. Simpson was accused of murder. The victims: his ex-wife Nicole Brown, and her friend Ron Goldman. The bodies of the two were found in Los Angeles on June 12, 1994. The infamous Bronco low-speed chase, the trial, and the only acquittal in history to make a nation gasp — all etched in the mind of the public courtesy of Court TV (now truTV), which became famous thanks to this coverage.

  1. The Menendez Brothers Trial

If the O.J. Simpson trial solidified the position of Court TV in the national consciousness, it was first the Menendez Brothers trial that brought it its first taste of real success in 1993, a mere two years after its launch. Lyle and Erik Menendez killed their rich parents with a 12-gauge shotgun in their Elm Drive mansion in Beverly Hills on August 20, 1989. The murder was so violent that even The Wall Street Journal expressed the suspicion that it may have been committed by Mafia hit men. The sociopathic brothers, after slaying their parents in cold blood, went on a shopping spree worth a million dollars by the end of the year. Erik’s breakdown and confession in front of a psychotherapist ultimately led to their arrest.

It’s hard not to be riveted by such criminal trials that quickly escalated to celebrity status. One can’t help but imagine how much more famous these trials would have been if social media were already present when they happened.

Your Divorce is Your Own Business

The Law

Going Through A DivorceIf you and your spouse have decided to call it quits, the world doesn’t have to know. They shouldn’t be meddling in whatever is going on in your life, and more importantly, this is a deeply personal issue between two people. If you don’t feel it now, just wait until you go at it with your soon-to-be estranged partner. You will strain your mental capabilities just to keep a day from blowing up.

More than that, people are growing less accepting of divorce. A study by the CDC shows that Americans welcome a range of other controversial issues related to marriage, but not divorce. But, how could this affect your own case? People in high emotional states are very prone to what other people say. There’s nothing wrong with considering the opinions of others, but if you accommodate what other people prefer, it becomes their divorce and not yours.

The Best for You

Whether or not you have plans of being cordial after the divorce, try to negotiate a deal where you won’t begrudge each other. To be more specific, what’s best for you doesn’t have to make your spouse suffer. You probably have a strong urge to do such a thing, but trust any lawyer who tells you that no good will come out of it.

When there are children involved, what’s best for you also means what’s the best for your kids. More than that, you and your spouse will have to accept that you have to be civil with each other. KufferLaw.com says that divorce is damaging enough for kids that they don’t have to see their parents fighting over the smallest things.

Separating the Big Things

In another matter, the divorce also means you may get into a conflict with your spouse regarding ownership of some things. The big one that could be a root of many disagreements is who gets to manage the business. There are handy guides that can help you with the basic stuff, but in some cases, it will be what you want against what your spouse wants.

But, despite all these things, you shouldn’t be soft. Claim what is rightfully yours, and don’t let the fact that this is a divorce escape you. Be clear in what you want to happen, and your lawyer will know exactly how to get it for you.

Defending Against Child Support Cases: What You Should Know

The Law

Child Support in CaliforniaVery few men are ready to admit their true fears. What’s true, however, is there are only two words that can make almost any man weak in the knees: child support. The ‘weak in the knees’ statement rings true for many, at least in financial terms, as monthly child support payments can range from $300-$400 a month. The amount owed yearly can get even bigger, reaching over $6,000 at most, according to data from the U.S. Census Bureau.

Not all child support cases are levied with justice, still. Some custodial or non-custodial parents can still choose to refuse paying child support, provided that their case is duly vindicated. A number of factors constitute legal defense for such cases, which must be kept in mind at all times by involved parties.

The DNA Test Dilemma

DNA testing is almost always the go-to course of action when trying to legally avoid child support. Unfortunately, most family courts don’t stop with DNA test results, and a lot of parents end up paying for kids that aren’t theirs. SeidelLaw.com says it’s always a good idea to ask for a DNA test and potentially sue for restitution.

Identifying Advantageous Situations

Various circumstances can present the possibility of child support payment termination. For instance, payments can be ordered to stop if the child is no longer a minor. In California, payments can be terminated as soon as a child turns 18 years old. The limit can go up to 19 years old if the child is living with a parent and is still in high school full time. In this regard, payments are terminated when the child finishes high school or turns 19 — whichever comes first. Payments can also stop if the child marries, enlists for military service or dies.

Custodial Battles

In most child custody and support cases, men often face an unfair, uphill climb. The general rulings state that the parent who wins the custodial contest receives the support money. This is where the age-old “motherhood bias” comes to play. It’s not surprising to see court rulings on custody go in favor of the mother, assuming that the woman is the better choice when it comes to raising kids. Asking the other parent for financial help is another different hurdle alongside this long-standing bias.

A Few Critical Points to Consider

Child support payments cannot be levied without an official court order. If payments are being made informally without such an order, it’s much easier to stop child support. Wage garnishment also plays a factor — this is a situation wherein a parent’s employer automatically deducts child support payments from the paycheck and issues the money to a distribution agency.

3 Critical Consequences of Taking Up the Wrong Paralegal Course

The Law

Paralegal CourseBeing a paralegal nowadays can be a rewarding profession. Pursuing this career might not match the earning potential of a lawyer, but you can earn up to $90,000 a year if you’re in the right field and market. You might not enjoy the prestige of being called an attorney, but you can get to perform intellectually challenging tasks with less stress. You might likewise have to burn the midnight oil, but you’re entitled to overtime pay, unlike lawyers.

Generally, working as a legal assistant these days is something to be proud of, but the success of your career heavily depends on getting the right education. If you take up the wrong course, you might find it hard to feel satisfaction in this profession.

Waste of Everything

Even if the program is offered by a prestigious college, you might just be wasting your time if the course you enroll in is not in your field of interest. Legalstudies.com reminds people that paralegal work is not just a job; you do it because you’re passionate about it, at least to some extent.

If you discover the specialty you love too late, you might have to study again. Instead of using your time to gain some experience and beef up your resume to earn a high salary, you might actually have to pay again for your tuition and wait for a couple of months to earn your certification.

Low Salary

Finishing the wrong program might land you industries with less green pastures. Not all paralegal jobs are well compensated, so it’s truly worth your while to concentrate on specializations that tend to pay more.

No fulfillment

This is the combination of the two. If you have zero interest in your field of specialty and don’t make that much, being a paralegal can really be a living hell.

Many paths can bridge you to the legal industry as a paralegal, but not all can lead to promising careers. More than getting an education, you must invest in the right education to help guarantee your satisfaction in this profession.

How to Bring your “A” Game to Divorce Mediation

The Law

Going through a DivorceThe road to divorce is a long and arduous. Once you’ve decided to go through with it, you’ll need a solid plan to help you efficiently transition to the next stage. Divorce mediation may help.

The primary goal of divorce mediation is to help you and your spouse agree on the crucial divorce issues, preferably without wasting money on various fees or unwarranted stress and time in court.

To prepare you for mediation, these tips can help.

Be Really Open to Mediation

This doesn’t necessarily mean that you should be BFFs, but both of you must be willing and ready to negotiate with open minds and hearts.

Ensure that Both of You Do Your Homework

Organization is key to mediation, says a divorce mediation expert in Long Island such as divorceattorneyinlongisland.com. You can’t expect your mediator to help you if you don’t have a list of things you need sorted out and what you want to do with them.

Make a master list that must include both of your properties, assets, records, income sources, and expenses. Note that a majority of state courts will require that you pass a financial affidavit, so consult your lawyer about this.

Determine Your Goals

After itemizing all your possessions, determine what both of you want to actually do with them. You will need to look into it yourselves and determine the things you can and can’t live without. Again, making detailed lists is important.

Your Children Before Anything Else

Although your children may be tough, divorce will be difficult for them so make sure that you do all you can to minimize the drama and stress that can negatively impact them. Whether your children are 17 and five or six and 10, tell them what’s going on, because chances are they already know there’s something major happening.

Your children deserve and need to hear that both of you will go on loving and supporting them and that this event will soon pass. Keep in mind that you’re divorcing your spouse — not your children.

Divorce is rarely easy and breezy on anyone, even with divorce mediation involved. However, being prepared mentally and emotionally will directly affect how productive the mediation process will be.