Child custody law explained

Child custody is a legal registration of the relationship in which an adult holds account for the wellbeing of a minor (typically under the age of 18 years) or an adult with mental or physical disabilities. Custody is most often formalized when child is deprived of the parents; when parents leave them to their own devices; when they do not receive normal care; when they become a victim of ill-treatment or abuse from parents.

What are the responsibilities of a foster parent?

A foster parent should monitor the general welfare of the child, satisfy their personal needs – such as education, health care, normal living conditions. In some cases, the foster parent may also be responsible for the child’s financial allocations, although often it will be done by another person, a court-appointed executor.

What is the difference between child custody and adoption?

Adoption changes the relationship between adults and child. Adult adopters officially become adoptive parents. As for birth parents, they lose their parental rights and obligations to the child, including financial responsibility to them. In this regard, for example, if a biological parent dies without leaving a will, the adoptee has no right to inheritance. Although child custody also establishes a legal relationship between a child and an adult, it is, nevertheless, does not interrupt the previous legal relationship between the child and parents. For example, the biological parent is still obliged to provide financial support for the child, and if a parent dies without a will, the child retains the right to inheritance.

Child custody does not interrupt the previous legal relationship between the child and parents.

Child custody does not interrupt the previous legal relationship between the child and parents.

Can a person, whom the child’s biological parents are against, be appointed as a foster parent?

It depends on the judge’s decision. It all starts with the filing of suit to the court by the alleged foster parent. Then the representative of the court will hold a conversation with him, with the child and parents and present the recommendations to the judge. Child’s custody is usually not assigned, if biological parents do not consent or if the judge deems that the legal custody will affect the child and parents adversely. At the same time, a foster parent will possess perfect child custody rights if the parents gave up the child.

Is custody should be formalized, if the child is living with someone who is not his parent?

If the child lives with you for a few weeks or months, it is not necessary to establish custody. But if you anticipate that you will have to look after the child for a long period, for example, a few years, then you should think about custody. Without this, it may be difficult to send a child to school, provide them with medical care or get for them special benefits. In addition, you will have no further rights to care for the child if the parents are suddenly will claim their parental right, even if they are not able to take proper care of the child.

In what cases child’s custody is not required?

Let us assume that the child is living with you permanently. However, you can have a good reason not to register custody. For example, parents can be against. In addition, you can be not glad with the prospect of the consideration of your candidacy in court. Finally, the custody may in some circumstances (for example, when the child’s mother lives with another husband) lead to serious disputes, i.e. where the child should belong. In this regard, many adults raising children try to avoid the registration of custody through the courts.

When is the deadline for the  child custody?

In most cases the deadline is the time when the child comes of legal age. But the judge can determine that child custody is no longer necessary. Rare cases are when the custody was registered solely for the distribution of the child’s finances and there are no funds for the child’s support anymore. The deadline also comes when when the child dies. It should be borne in mind that, even if the custory remains in effect, the foster parent has the right to abandon the role by legal means. In this case, the court will appoint a new foster parent.

Who supports the child financially during the period of custody?

The biological parents of the child (except in the case when the court will deprive them of their parental rights, which is unlikely) must be responsible for it. But in fact, it often turns out that the material welfare of the child comes upon the foster parents. For example, it is them who in some cases seek for social assistance and other benefits on behalf of the child. By the way, all funds received for the child should be spent only for the child’s needs. The more the amount of these funds, the greater the possibility that the judge will require to present a periodic report on their spending.

Nursing home abuse in the USA

More than 1 million elderly Americans live in approximately 16,000 nursing homes now. Due ageing of population these numbers will increase significantly in 20 years. Each state has a Department of Health. This organization is responsible for the safety of all patients who are kept in healthcare institutions, as well as for their protection of any injures and abuse.

Patient protection at nursing homes

When an elderly person is being placed into a nursing home, he/she and his/her family expect that he/she will receive proper care and appropriate attitude.
Negligence in nursing homes, or, to be more precisely, the inability of institutions to meet the needs of their patients, is a problem that exists in all types of nursing homes in every country.

The reasons for negligence in nursing homes

The main cause of negligence in nursing homes may be the influx of corporations in the nursing home industry. In most cases, companies just want to gain profit, and the quality of patient care is neglected. One can observe quite frequently that the owners of nursing homes cut staff to a minimum level and hire less experienced workers who can be paid less. These changes in the industry has a direct impact on patient care. The cases of ill-treatment, abuse and traumatizing patients are more common than ever, as corporate owners try to maximize the profitability of the institution by reducing the quality of care provided to patients.

Signs of negligence in a nursing home

Signs of negligence or poor care in nursing homes are very different. The patient’s family is in the best conditions in order to judge whether the necessary care is given to their relative. Some signs of inadequate care may gradually increase and may not always be apparent during regular visits. Despite this, experts have identified common signs of systematic negligence in nursing homes, which include:
– Separation from family and friends;
– Weight loss;
– Loss of appetite;
– Changes in behaviour, anger;
– Bed sores;
– Dirty conditions.

A mood change is the first reason for concern.

A mood change is the first reason for concern.

Poor care occurs even in the institutions having the best reputation.
Ill-treatment, whether physical or emotional, should have no place in any institution, especially in those where the care for the elderly is provided. Unfortunately, we constantly face mistreatment of the staff, visitors and other patients in regard to our loved ones. And though it is insulting to find out about these episodes, the family should take appropriate measures: this is the right granted by the law. The well-being of other patients of the institutions who become victims of humiliation also depends on measures taken to exposing such behaviour. How can we shed light on these crimes?

You need a lawyer

Family lawyers, specializing in negligence in nursing homes, should help you to find juridicial protection. They cooperate with many healthcare experts, doctors and other lawyers to ensure that the corporate owners will bear responsibility for the ill-treatment, such as:
– Bed sores;
– Recurrent falls;
– Cases when patients leave the nursing home and disappear;
– Medical errors;
– Physical violence and abuse;
– Premature death.

Probate

Probate is a process which takes place when a person dies. In case there is a will left by a decedent, the court must respect his or her decision. In this way, the judge will decide what must be done to the assets according to the will. If a person dies without leaving his will, the court must refer to the probate laws. The distribution of property will be bases on hereditary succession.
The probate process is about collecting testator’s assets and distributing property to heirs.

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Probate is a legal procedure that comes after someone dies

The probate of a will

This means that the will must be proved in a court. Otherwise the heirs mentioned in the will have no legal rights for the assets until the court admits the genuineness of the document. The will must be probated as soon as possible after the testator’s death. The person who represents his or her will on the court is either personal representative or an attorney.
A will that has been changed so that all its statements have become invalid will be denied probate. If the change concerns only particular statements, the rest of them must be probated. The documents that will be probated may involve all the recent papers that include the testator’s wills. Probate court’s task is to figure out what intentions the testator had for his assets by seeking all the necessary information in documents and other papers left by them. The court chooses to distribute a property according to the laws if there are no alternatives.
As a rule, the document presented to the court must be original. A copy of a will may be denied to probate unless there are some reasonable explanations for that. If a probate attorney proves that the original will has been destroyed or it is impossible to represent it on a trial due to some particular reasons, it may be probated.
Some states have special laws according to which they can deal with such situations. Before the will is admitted to be lost, the thorough search must precede the trial.
In case the will has been made in a foreign language, it will be probated if the testator understood it. The will must be accompanied by a translation.

What is the probate lawyer’s task?

The probate lawyer is a person who is supposed to carry you through the whole probate process. The procedure depends on the country and the region where the testator died. Whether the person has or has not left the will also matters, as in different cases there will be different kinds of processes. That is why the probate lawyers have to be knowledgeable of the laws of particular country or state.

How to find a child support lawyer

Child support is a payment made by a non-custodial parent to provide child with a necessary sum of money. The parent is compelled to pay the child maintenance by the trial after the marriage is over. The one who pays the child support is called an obligor. The one who gets it – an obligee, usually this role belongs to a custodial parent.

Child support is payed from a non-custodial parent to a custodial one

Child support is payed from a non-custodial parent to a custodial one



What is required from a lawyer?
A family lawyer who deals with the child support issues has to:

  • • Possess a thorough knowledge of civil litigation. Your attorney is supposed to know all the aspects connected with family law, i.g. child support issues;
    • Prepare legal pleadings and records. Your lawyer protects your interests on the court, so he is supposed to represent them;
    • Calculate an amount of money. Different states do not have the same guidelines for a sum of the child support payments;

What is taken into account?
The calculations made for the payment are made according to:

  • • An income of an obligor;
    • An obligee’s assets ;
    • Expenses for medical care;
    • Insurance;
    • Child’s age;
    • Everyday expenses;

What are you required to tell a lawyer?

  • • Discuss with a child support attorney what arrangements you have with your ex-spouse. In case of non-payment the child maintenance payments, you will be supposed to represent these arrangements on the court;
    • Show your personal financial information. It will be used during the calculation of the amount of child support;
    • Bring all the divorce and child custody documents;
    • Feel free to ask the questions you are concerned about.

 

Where to seek an attorney?
• Use special web sites intended to help you find a lawyer. Usually these sites upload all the necessary information related to the lawyer’s professional skills and qualities.
• Turn to your local association bar. These organizations provide with the legal help and will consult you through the phone.
How to understand that the lawyer is right for you
• Do not fall for an advertisement. No matter how well-made it is, such qualities as professionalism, education and a good knowledge must be on the top of the list of your demands.
• Objectiveness and analysis. The lawyer’s task is to evaluate your case from different sides. The lawyer is not supposed to agree with on every matter, but he should direct you by explaining what is right to do.
• Consult the reviews on your lawyer. The one who is praised for his professionalism and won cases is more likely to win yours than the one who was accused of unprofessionalism.

Domestic violence and Battered women’s syndrome

Domestic violence
Domestic violence is a form of abuse which takes place in a domestic setting, i.g. marriage or cohabitation. The domestic violence can be either physical or emotional and may involve one of the spouses and/or other members of the family. In most cases the victims of domestic violence are women and children.

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In case domestic violence occurs, it is necessary to identify the BMW syndrome

Domestic violence may take different forms such as physical aggression or assault, sexual abuse, controlling, intimidation, stalking or economic deprivation. All the forms of domestic violence may cause deep emotional and mental problems. The most common mental disorder is a battered women’s syndrome.
Battered women’s syndrome
Battered women’s syndrome is a disorder that is aroused by a long-term abuse. The condition is dangerous as it leads to a psychological paralysis. The victim believes that all the assault actions performed by abuser are her fault. She keeps hiding the fact of the domestic violence, believing that the assault will finally stop. The woman finds herself trapped in this situation because she believes there is no way for her to escape the attacks. Even though such fears are mostly irrational, for the victim they are real.
The battered women’s syndrome develops in three phases:

  • • The first phase is when the abuser starts creating an atmosphere of tension in a family.
    • The situation comes in the second phase when the abuser starts committing forms of abuse, either physical or psychological. This phase becomes an endless state for a victim.
    • The third phase, also known as a honeymoon stage. The abuser understands his fault and apologizes. The victim forgives him and the cycle of abuse starts again.

The cycle is constantly continued and the woman starts believing that she is unable to stop it. The victim is sure that everything happening is her fault and her state grows into a learned helplessness. As the woman is convinced in her helplessness the syndrome keeps developing.

How to recognize the BMW syndrome?

  • • The woman believes she is in charge of everything happening.
    • The woman refuses to put the blame on her abuser.
    • She is afraid for her and her children’s safety.
    • The woman thinks she will be punished by an abuser if she turns to police.

The signs of BMW syndrome my also include depression when the victim is no more eager about the things she used to enjoy. The victim is also likely to start overconsuming alcohol or even become a drug addict.

A help of domestic violence lawyers

Laws for the domestic violence are changeable due to an unstable attitude of society to a domestic violence. The laws depend upon the values and historical habits that are normal for a particular society. This is the reason why the situation the victim might have experienced is not necessarily considered as a crime by law. However it may fall under other laws close the particular situation. That is why it is important to find a domestic violence lawyer who will find a solution.

Divorce laws in California: Q&A

How much time does the divorce process take?

At least 6 months should pass either since the date when respondent received the summons and the petition for the dissolution of marriage, or since the date when the respondent made appearance.

Can I get a divorce within a period less than 6 months?

If both spouses agree to the divorce terms before the end of waiting period, they can draw up a divorce agreement and obtain a bill of divorce, but they will not be identified as divorced until the 6-month period expires. The parties will have the bill of divorce in advance, where the divorce date will be attached to the future.

What should I do after receiving a statement of claim for divorce?

If you received a statement of claim for divorce, your response should be submitted within 30 days. The response is a paper that shows that you are interested in the divorce proceedings, i.e. you want to be apprised of all the dates when you have to be present in court, that you will participate in the lawsuit by court appearance to expedite the judicial decision.

What if I leave the response to the claim for divorce unsubmitted?

If the response is not exhibited in court, the decision will be issued without your participation, i.e. according to the statement of the adverse party. Therefore, if the case involves property or children, it is reasonable to send a response.

Divorce and separation: what is the difference?

The first difference is that the adjudication of the separation does not break off the marital status (i.e. none of the parties will not be allowed to get married again until the marriage is ended with divorce, or death of a spouse.) Usually people get a separation agreement, when they cannot get a divorce for religious or personal reasons. Also, there is no “waiting period” in separation lawsuit. The decision of separation can be obtained very quickly, though if one of the spouses does not want to get separation, the decision of separation is impossible obtain.)

Separation does not break off the marital status.

Separation does not break off the marital status.

We gоt married outside of California. Can I get a divorce in CA?

Yes, you can. But you should take into consideration one nuance: to have the right get a divorce, one of the spouses must have been living for 6 months in CA and for at least 3 months in the county where the claim was initiated. If you have just moved to this state and you would like get a quick divorce, talk to California lawyers, as there are some legitimate “back-channels”.

An order to show cause, what is it?

Order to show cause (OSC) is an request for a court hearing. To make such an request you should provide certain papers. In the submitted papers, you ask for a specific temporary solution concerning the particular issue. This decision will be valid until the next or final decision of the court. Usually such decisions are requested when children involved and there are such issues as child’s place of residence, child support, visiting rights. The judge will decide if your request should be complied.

Child custody

The types of custody

Child custody is a form of a guardianship of a child under 18 years old. The custody becomes the most important matter during the divorce trials if the couple has children. The custody is divided into physical or legal. Physical custody means providing the child with everything necessary for him or her, for example the housing, financial security, education, fulfilling the child’s needs. Legal custody is about the right of a parent to make decisions concerning the child, such as medical treatment, religion and insurance. When one parent receives a primary custody, his or her ex-spouse usually gets visitation rights. In some cases the parent may be forbidden to visit a child.

The primary custodians

The right of being a privileged custodian was traditionally given to a mother. However today the views on this subject have changed and the primary custody can be given a father, if the child’s mother is not able to provide a child with proper conditions.

Seeking a lawyer

Turning for help to the custody attorney during the divorce is necessary, as this is a specialist who will assist you in the issues of the custody. The specialists of such kind should have a developed understanding of the family law and know how to adjust to the different and unexpected situations.

Before a discussion of your case with a lawyer you have to decide what you expect from your ex-spouse. The family law has some certain flexibility and there are questions that must be discussed out of the trial. If you both find a way to come to conclusion, you will need to represent your resolution to the custody lawyer, so that your attorney can know what you expect him to do. Discuss with the lawyer all the details of your divorce. Do not forget to inform him about the things that might be used as evidence against you on trial.

What your lawyer might need

Bring with you the documentation of assets and birthrights, all of them might be in handy for giving child custody advice. In order to gain a particular advantage on court, you may try using evidence of your ex-spouse’s wrongdoings and/ or the negligence. Remember that the attorney’s task is to facilitate the trials as much as possible, so do not hesitate to as him or her questions if something stays unclear for you.

Where to find a lawyer

In case there is someone among your family or friends to lend you a helping hand in this issue, it is a good chance. Unless you have any one to recommend a legal aid divorce lawyer, you can keep searching on your own. It is a good idea to start with a Sate BAR where you will find all the necessary information concerning the lawyers and the cases. Using Google might be useful as many respectful family law firms upload information about their lawyers including their fees, experience and education.

There are some notes you should take into account while choosing an attorney. They include education, experience and the level of professionalism. Education goes without saying, as attorneys are obliged to have a law license. Experience plays a great role, especially the experience in the cases similar to yours.

Medicalmalpractice law

In general meaning malpractice is a term that refers to the negligence in professional fields. Usually it is associated with a medical malpractice which is the most common. However professional misconduct may occur in any kind of sphere, and can be sued as a rejection of standards. The medical malpractice is said to appear in 5-10 % each year but not all of the cases are proved to be a malpractice.

What tasks do you have in your case?

  • Proving the negligence

The first thing that must be represented to the judge is a proof that a doctor turned to the substandard treatment that caused a significant harm to a patient. The malpractice law can be identified by observing the actions that the professional has done during the treatment. Evaluation by standards is possible by giving a level of the medical standard care during the therapy. In other words the court will have to follow the doctor’s steps judging by what the specialist of the same sphere would be supposed to do in the similar case.

Not every negative result of the treatment is a malpractice.For example, the death after a surgery or when the patient does not recover as he was supposed to do if he was informed about what results may occur after the treatment. While forgetting a medical instrument inside during the surgery would be much more significant error.

  • Proving the injury

The next task is proving that a significant injury has been caused by the doctor’s substandard treatment. In case when the doctor gives a wrong prescription, does not do all the necessary lab tests and, as a result, fails to diagnose the problem, and this all leads to an injury or even the fatal consequences the malpractice will be proved. In case the substandard treatment brings about positive results and even the full recovery, the law will be on the doctor’s side.

Finding a specialist

Findingamedical malpractice lawyer is not so easy even though the malpractice occurs quite often. It is necessary to find an attorney who specializes exactly in this sphere and is aware of what is included. There is no need seeking a general malpractice attorney. First of all, it is because they are not very common. The second reason is that it is always better to search for a specialist who works in a certain sphere. The malpractice attorneys can be found through special services for lawyers such as lawyer. com which are intended to help people find a specialist. You can also contact the local BAR associations and law firms who will not only help you with finding a lawyer but also give a piece of advice what to do in your situation.

Why is particular specialtynecessary?

Your attorney is supposed to have an understanding in a sphere of your case. A medical malpractice attorney has to have a general idea of what this malpractice includes. What is meant by that is that the particular specialist in this sphere has to know the medical ethics and what the proper medical professionalism is like. Besides legal malpractice attorney, for example, will not have the necessary understanding in the medical law to do a right assistance.

What to discuss with a lawyer

It is obligatory to explain what you expect the attorney to do. You have to learn more about the malpractice, what negligence you think your doctor has done and what results it has caused. You also have to be aware of the specifics of the harm that has been done to you. The more you know about your problem, the better the lawyer will understand your needs.

Do not forget that a significant part of your case’s results on the court depends on the malpractice attorney that is why you should not forget about such qualities as experience, understanding of the particular case and education. Be prepared to ask all the questions you are interested in during the appointment.

Divorce lawyers

Divorce is a termination used for canceling legal responsibilities of marriage. In such situations people usually turn to the divorce attorney for help. Divorce lawyers also deal other aspects such as adoptions, testaments and tutelage. This specialist is competent in the law questions. He is up to giving some advice that concerns the situation, provide support to his clients to make the situation less tensive.

How should you choose the divorce attorney?

Finding the right professional will help you to solve the divorce problems without too many difficulties. That is why, choosing the attorney requires following some steps:

  1. Ask your acquaintances whether they had such experiences. It will be better if they recommend you the family law firm who has already helped them once.
  2. Try to know for how long the lawyer was to deal with such case as yours. What is his experience in divorces? In law generally?
  3. Find out what kind of payment your lawyer prefers? Does he want an hourly pay? Do his avocations include a free consultation for listening to your case?
  4. Put a question to the attorney about out the references from other clients. Do some small investigation, browse the website. Think over the questions for which you want to know the answers.

It is a good idea to find several specialists to choose the one who you think is the most experienced. Prepare yourself before the consultations; think of what issues you are concerned about. Some clients prefer being sure in the fact whether they feel comfortable enough to talk about problems concerning the case with the attorney.

Only a divorce attorney is aware of aspects of the process

What to ask your attorney about?

There are also some other matters:

  • How much time does the process take? It always depends upon the case. Some processes may take about a few months if the agreement between ex-spouses about the divorce issues is reached. If one of them disagrees in some questions such as alimony, children’s custody, property issues, the process might take a year or even longer.
  • What does it include? The family law attorney should inform you what the process includes by telling about different procedures.
  • Agree on the way of keeping the contact. The attorney will need to contact you when he has something to report you.

How a Child Custody Attorney Helped Me

I was driving down the highway when an over speeding car bumped me. I encountered injuries and was rushed to the hospital. Later on, I decided to find a child custody attorney to help me with my legal matters. I was charged with tons of hospital bills and my car was damaged.

After the car bumped me, my car went straight to the highway’s island that divides the lanes. My car encountered a huge damage on the front and back portion. The suspect who bumped me also hired a lawyer and we went to the court to press legal charges. My attorney who was from our locality was able to protect me and we won the case. The suspect was charged with fees enough to cover my hospital bills and as well as the fees for the repair of my car. If I didn’t press any legal charges to him, I might end up paying my hospital bills and repairs for myself.

Family Lawyers Against Burns Injuries.

Family Lawyers against burns injuries is very common especially for children. Also adults suffer from burns injuries mostly related to family issues. Men and women with misunderstandings go out of control and end up causing such injuries. Attorneys are very experienced and personable in dealing with people. For a long period of time feedback from their previous clients is very commendable. They are distinct from all other lawyers as they deal with your case until the end.

There are other lawyers when the case gets complicated they quit. This can be a very trying moment since the only person standing with you has also neglected you. This is bearing in mind that you or your loved one has suffered a burn and the responsible people are denying it. Our local family lawyers have the knowledge on how to deal with the most complicated. You can rely on them as they are skillful and of very high integrity.