Posted by Armin on Apr 5, 2017 in Divorce | 0 comments
On the issue of child custody in a divorce proceeding, one of the most important questions is, “Who will have custody of the child?” After naming the custodial parent, the other parent will necessarily be given visitation rights, unless there is evidence that will show and prove that he/she is an unfit parent.
Legal experts agree that it is very important that a child has a strong relationship with both parents. Thus, courts typically award custodial rights to that parent who would very likely be able to cultivate such relationship between the child and the non-custodial parent. There are other relevant factors that courts consider when deciding on the matter of custody but, regardless of what these are, these should be in line with the most important factor: the best interest of the child.
There are times, however, when the chosen custodial parent (or sometimes the parent given visitation rights) is not able to live up to the court’s expectations, failing in his/her obligations to fully recognize and respect the other parent’s rights and personhood. The specific details through which failures are committed are numerous and varied. Generally speaking, all these are considered as visitation and custody interference issues and all call for the same thing: a modification in the original decision pronounced by the court. These interference issues include:
- Frustration of the non-custodial parent’s visitation rights. These are instances wherein a custodial parent, for whatever reasons, eventually resorts to means that will alienate the child/children from the other parent. The most common of these means is denial of visitation rights.
- Estrangement of the child’s affections for the non-custodial parent. A child’s relationship with his/her non-custodial parent can be severed through false accusations and/or damaging comments by the custodial parent. Unknown to the custodial parent, however, is that this/her ill-talks about his/her former partner also negatively affect the child’s emotional and mental health.
- Parental Alienation Syndrome (PAS). PAS occurs when the custodial parent consciously and systematically brainwashes the children, resulting to the children eventually disfavoring the other parent. Since most family courts consider as vital the existence of a strong relationship between a child and his/her parents, courts, therefore, believe that the ill behavior displayed by a custodial parent warrants a change in custody.
- Change of Residence. Despite the stipulation (in the divorce decree) that a custodial parent will have to inform the non-custodial parent of any plans of him/her and the children moving to another city or state, many custodial parents ignore this requirement and relocate to a distant location secretly. This stipulation is inserted in the divorce decree to give the noncustodial parent the chance to argue against such plans. As this move can affect a child’s relationship with the other parent, many courts believe that it establishes a significant change in circumstances which justifies a change in custody.
Other reasons that may warrant a change in custody include:
- Material and Substantial Changes. These include a custodial parent’s remarriage, inability to provide the required care due to a medical condition, commission of a crime, and criminal conviction.
- Child’s Preference. Children, who have reached the age of 12, are usually interviewed by a judge in his/her chamber or private office. A change in custody (as well as in visitation rights) may be made if a child asks for it, but on the condition that the court is convinced that such change will be in his/her best interest.
- Relinquishment of Custody. There are instances when a change in a court’s original decision on custody may be made. One instance is if a custodial parent voluntarily gives up care and custody of the child. The change, however, will only be ruled as temporary if the reason of the custodial parent is due to military deployment or duty.
- Unfavorable Environment. If the environment where a custodial parent lives can endanger his/her child’s physical health or significantly harm the child’s emotional growth, then the other parent can request the court to alter its original decision.
In their website, Raleigh child custody lawyers attest how reaching a child custody agreement that both spouses will agree on can be very difficult. Because of the importance a child custody agreement has on both the lives of the children and the parents, this is frequently the most contentious issue that arises during a divorce proceeding. However, determining what type of custody you and your soon-to-be ex-spouse (whether Sole Custody, Joint Custody or Primary/Secondary Physical Custody) will have is critical to successfully completing the divorce process. Due to this, it is best that you and your children find a supportive and knowledgeable lawyer who will help you get the outcome which you believe is suitable for your family.
Posted by Armin on Jan 18, 2017 in DUI | 0 comments
DUI Charges in South Carolina
Driving under the influence of alcohol or drugs is a very serious offense, because it puts not only you in danger, but also the others around you. South Carolina takes this seriously, and you may suffer the consequences depending on the gravity of your case.
It is a difficult situation to be in, because it can greatly affect your future, like your employment opportunities. For this reason, it is important to get the help of legal professionals, like the Columbia DUI defense lawyers at Truslow & Truslow.
But what exactly are the different types of DUI charges? You should at least know them so you would have an idea what you are dealing with.
1st Offense DUI Charge
It is important to note that your blood alcohol concentration, also known as BAC, is a very important factor in determining the consequences of your case. In your first offense, if your BAC is 0.08% or above, you are required to pay $400 to $1,000 as fine, go to jail for 48 hours to 90 days, and suspend your license for 6 months.
2nd Offense DUI Charge
For your second offense, you must pay $2,100 to $6,500 as fine, go to jail for 5 days to 3 years, and suspend you license for 2 years, depending again on your BAC, starting from 0.08%.
3rd Offense DUI Charge
A third offense requires a fine of $3,800 to $10,000, jail time of 60 days to 5 years, and license suspension of 2 years. License suspension can go up to 4 years if the third offense has been done within five years since the first offense.
4th Offense DUI Charge
A fourth DUI offense is considered a felony, and you may pay a fine of up to $25,000, jail time of 1 to 7 years, and a permanent driver’s license revocation.
Posted by Armin on Oct 18, 2016 in Expunction | 0 comments
Having any sort of criminal offense on your record can be a difficult challenge to overcome. It doesn’t matter if you’ve done what you can to follow through with all the legal penalties that come with your offense. It’s likely that you will continue to see some form of prejudice that could hinder your ability to become a helpful and productive member of your community. This is why the process of expunction is an integral part of criminal law.
It doesn’t matter if you’ve never actually received a conviction, and were only charged or arrested for a particular offense. All of these will stay on your record and can be accessed by potential employers and the like, hindering your ability to seek out better opportunities. The process of expunction allows you to wipe the slate clean—that is, having your records cleared of any particular event that falls within the criteria set by the Texas Code of Criminal Procedure.
Individuals who are interested in petitioning for expunction in Texas should take note of the different conditions for eligibility. In general, the law awards expungement to those that were charged but never convicted of criminal offenses. Individuals that were wrongfully convicted are also eligible for expunction. For those that have been convicted of a crime, qualifying for expunction largely depends on the particular details of your case. Overall, however, it is made available for juvenile offenders and those convicted only of misdemeanors.
There are many more complicated details that go into determining whether a petitioner could have their records expunged. To help you with this process, it would be best to approach a qualified criminal law attorney to receive proper advice and counseling. Contact a Dallas record clearing attorney or a qualified lawyer working in your area of residence to find out more about expunction.
Posted by Armin on Aug 8, 2016 in Uncategorized | 0 comments
In May of 2015, an accident involving a crane occurred somewhere in Midtown Manhattan. The accident was specifically about a crane accidentally dropping the heating and air-conditioning unit which it was supposed to lift to the roof of an office tower. The equipment, which was several tons in weight, fell from about 30 stories down to the ground, scraping the building as it fell and causing glass, metal and concrete to rain down to ground, causing minor injuries to two construction workers and five passersby.
In November of the same year, another accident, this time involving a small crane, known as a knuckle boom, occurred. While lifting materials to the second or third floor of a building using the crane on his truck, Trevor, a construction safety coordinator, went to check a mechanical malfunction with the crane. The crane, however, suddenly caused its boom to collapse; the boom fell on him and pinned him on his truck’s flatbed. Trevor died in the accident.
Cranes are a common presence on construction sites due to the very important part that these play in the construction of various types of structures, including lifting of heavy equipment on top of buildings. Though totally important, their substantial size and complexity render them sources of risks against the safety of all those inside or near a construction site. If a crane is if not properly assembled, operated or maintained, or if the load it carries is not properly secured, then it can possibly cause an accident which can result to serious injuries or death.
Though workers who sustain job-related injuries can apply for financial benefits with their state-run Workers’ Compensation Insurance program, they can otherwise waive their claim on this benefit and pursue legal action against their employer instead. Help from a highly-qualified construction lawyer or personal injury lawyer, who can explain to them the pros and cons of applying for benefits or filing a civil lawsuit and help them evaluate what action would be best for them to take.
According to Crowe & Mulvey, LLP, the devastating amounts of injuries and damage associated with construction site accidents, especially with a crane collapse accident, make it is imperative for individuals adversely affected to seek legal help as soon as possible.
Posted by Armin on Apr 1, 2016 in Asbestos | 0 comments
Due to its versatility, strength and fire resistant properties, asbestos mineral became a staple of many products today including plastic products. When mixed with asbestos, plastic products are reinforced and withstand excessive heat. However, the mineral is highly linked to mesothelioma, a cancer that affects some of the linings in the body cavity.
Asbestos was first used in synthetic polymer-based plastics in early 1900s when Leo Hendrik Baekeland was looking for a way to insulate electrical wirings used in motors and generators. Plastic material is widely used in many products mainly because it is light, versatile, durable, and it may come in many colors. Electrical products like wires, electrical switches, casings, and terminal boards contain asbestos. In the automobile industry, plastic vehicle parts like steering wheel and buttons contain asbestos. Some plastic components of telephones are also believed to contain asbestos.
Studies later revealed that products containing asbestos are toxic and can cause respiratory illnesses. The U.S. Environmental Protection Agency (EPA) in 1980s, restricted the use of asbestos in plastic products. People are at risk of mesothelioma cancer when they accidentally inhale or ingest tiny dust of asbestos. The asbestos mixed in plastic products may get into the air due to wear and tear in everyday use. Asbestos particles may become airborne if plastic products breaks. Though other companies refrained from using asbestos in their products, many plastic products containing asbestos are still manufactured today. Workers who used to work in plastic manufacturing facilities are at risk of asbestos exposure, according to the Williams Kherkher webpage. Asbestos may easily contaminate the air inside factories during drilling or grinding operations.
Factory workers may no longer continue their job if they developed mesothelioma. While experts are still studying how to cure mesothelioma cancer, patients who have this condition may undergo surgeries and therapies similar to cancer patients. The aim of the treatments that are often expensive is to prevent the disease from spreading and to improve the patient’s condition.
Posted by Armin on Oct 30, 2015 in Workplace Injuries | 0 comments
Those people who are subjected to dangerous materials every day on account of their jobs may be some of the most at-risk for developing serious health complications. As a result, any individual can be affected by noxious materials in any number of positions. And, even though most toxic material injury cases happen in construction or production -related professions, they could also occur in additional occupations. Any lengthy or concentrated exposure to toxins in any case may have significant outcomes on well-being and a worker’s overall health. If an employee grows a serious harm or illness in terms of hazardous coverage, she or he is going to likely need extensive medical treatment and could also find himself or herself being forced to take some time off function to be able to completely recover.
Nevertheless, it’s important to keep in mind that numerous workers who are exposed to toxic materials and sustain injuries or illnesses as an outcome are eligible to file for workers’ compensation rewards. According to the site of the Hankey Law Office, these benefits are designed to pay for an injury or sickness that was sustained by a worker who suffered exclusively because he or she was performing the regular and estimated obligations associated with his or her occupation.
Risks from Exposure
Certain ones tend to be more generally found in workplaces while there’s a very big variety of substances that can be toxic and cause people hurt. According to the material, an individual could find his or herself suffering from the following effects:
- Excessive vomiting
- Diarrhea that is excessive
- Hypersensitive reaction
- Mind injury
- Skin reaction
- Compound imbalance
Sadly, other wellness issues that grow as an outcome of hazardous exposure and these may have severe effects for all those impacted. Luckily, worker compensation can help ease most of the financial burdens that commonly accompany a disease caused by toxic substance exposure. In case a person you know, or if you have endured exposure to a hazardous material while at work, contact an experienced workers’ compensation lawyer now to discuss worker compensation.
Posted by Armin on Jun 21, 2015 in Pharmaceuticals | 0 comments
People in this day and age are lulled by a sense of comfort found in innovation. New things are constantly promised as something better and more efficient than what came before it – and sometimes, this is true. Sometimes, unfortunately, it isn’t. This is the case found with Xarelto.
When Xarelto (also known by its most predominant ingredient, rivaroxaban) hit the market after its approval from the FDA, it was extremely successful. It is an anticoagulant or a blood thinning agent that is meant to assist people who have just had to have had their knee or hip replaced through surgery as a preventative measure from deep vein thrombosis (DVT) or the clotting of a vein found deep within the muscle of the leg that could severely affect the heart.
Despite being widely popular, there have been some unfortunate cases that have been reported wherein people then suffered from gastrointestinal bleeding or brain hemorrhaging upon consumption of the drug. Severe internal bleeding around an organ could alter its blood supply flow, thereby making the organ malfunction or ultimately cease from working – organs such as the heart, the liver, or even the brain. These situations could have extremely dire consequences, sometimes even lethal.
According to the website of law firm Williams Kherkher, manufacturers of dangerous drugs often accrue incredible profits from these products at the expense of public health. Around the world, the sales for Xarelto are at $1 billion. There is no monetary amount known to be sufficient payment for the irreparable damage done to a suffering victim – especially if the side effects of the drug have caused the patient’s death.
New things aren’t always better; this has never been more evident as is with the case of this drug. Drugs like this need to be properly labeled and its potential consumers need to be made aware of its possible side effects before consumption.
Posted by Armin on Mar 20, 2015 in Pharmaceuticals | 0 comments
While Zofran is an effective drug to subside post-chemotherapy, radiation, and surgery nausea and vomiting, there are several factors that can prevent one’s ability to safely consume the drug. Before being prescribed Zofran, patients should speak with their doctor regarding allergies, other medicines being taken, pregnancy, and individual or familial conditions. However, this drug also has detrimental results if misused. Click here for more information.
Doctors should know if patients have any allergies. Every brand-name drug has active ingredients, and each individual one could cause a problem if incompatible with another drug’s chemical composition. Odansetron Hydrochloride is the active ingredient in Zofran. However, since Zofran comes as a tablet, dissolving tablet/film, or liquid, a patient should also know if they are allergic to any characteristics of those methods.
Secondly, if taking other mediations or supplements, doctors should be informed. This is because ingredients in Zofran can react differently with other products. These reactions can be minimal or serious, and doctors will know what combinations of medicine are safe to take.
Current conditions should be discussed as well. These conditions include potential for pregnancy, pregnancy, breast feeding, or phenylketonuria. Familial conditions a doctor should know about are if anyone in the patient’s family has QT syndrome, other heart beat irregularities, low megnesium or potassium in the blood, heart failure, or liver disease.
Having a conversation with your doctor abuout all of these factors will determine if you can safely ingest Zofran.
Posted by Armin on Feb 3, 2015 in Divorce | 0 comments
Heavy drinking has long been known as one of the main reasons for filing a divorce, not only in the United States but in many countries around the world. Heavy alcohol consumption has serious effects in marital relationships, and reports show that it increases the risks of marital violence, cause poor communication, and heighten emotional distress. Many reports have already determined the correlation between heavy alcohol consumption and divorce, and many individuals have seen the effect of divorce on their families. Recent studies, however that the issue lies more on the difference of drinking habits – and not the drinking itself – is what leads to divorce, separation, and marital dissatisfaction.
According to the study released online entitled Alcoholism: Clinical & Experimental Research, spouses who drink about the same amount of alcohol are have significantly lower desire to file for divorce than marriages where one or both spouses are heavy drinkers. Based on the findings of the study, when the man was the one with a “hazardous” or heavy drinking habit the rate of divorce was 13.1%, while heavy drinking women increased the rate of divorce to 26.8%. If both spouses are heavy drinkers, the rate of divorce is 17.2%, compared to 5.8% where both spouses are light drinkers. The researchers are not sure why the women who are heavier drinkers have the highest percentage of divorce, but they speculate that it may be perhaps due to it being an incompatible trait with traditional female roles, and is often viewed as a threat to the stability of the marriage.
Because of alcohol abuse being a strong factor and indicator of divorce, the website of Marshall & Taylor, PLLC says that knowing about your partner’s drinking habits before going into marriage to ensure that it will not be a factor or cause for divorce.
Posted by Armin on Dec 31, 2014 in Personal Injury | 0 comments
A succession of morcellator lawsuits is currently being filed following the series of investigations being carried out by the Food and Drug Administration (FDA) pertaining to allegations that the medical device increased the patient’s risk for leiomyosarcoma, uterine cancer, uterine sarcoma and other non-cancer uterine diseases. Because the investigations are relatively recent (the FDA first issued a warning to hospitals and physicians against the use of power morcellators in April 2014), the number of lawsuits are still in the double digits, but there are strong indications that these may soon change.
There has been a dramatic drop in the use of morcellators in laparoscopic surgery involving the uterus following the FDA caveat, but prior to that power morcellators were considered the better option for gynecologic surgeries. Because it was designed to be minimally invasive, the risk of infection was much smaller and recovery and healing were much faster than standard hysterectomies and myomectomies, to name a few. Recent events have shown that the benefits may not be enough to outweigh the attendant risks of morcellator side effects.
The initial complaints were based on the fact that the manufacturers did not provide adequate warning that power morcellators increased a patient’s risk for developing uterine-related cancers. The manufacturers knew or should have known that these risks existed if they had carried out their duty of care towards patients by performing clinical studies prior to launching the product on the market.
The FDA may have unwittingly encouraged this by failing to require clinical studies from morcellator manufacturers. The FDA does not technically approve each medical device, but merely clears them for sale. With morcellators, the first one to be offered in the market was cleared by the FDA in 1991 using a Premarket Notification or 510(k) review and at that time did not require clinical studies. This provided a precedent for succeeding morcellator products.
Regardless, morcellator lawsuit attorneys will point out that medical device manufacturers are well aware of their duty to thoroughly test their products for side-effects prior to selling them and warning the public about these risks. The plaintiffs against morcellator manufacturers allege that the defendants failed in these duties.