Author: Andrew Miller

Andrew Miller is an experienced Social Media expert and Author. He has worked in marketing for over a decade and finds his passion in bringing concepts to life for the world to enjoy. He is also an avid legal blogger and currently working on a book with his wife about social entrepreneurship. He is a true Socialpreneur and finds that his goal in life is to be an agent for positive social change through both his writing and business endeavors.

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Family Law

Causes and Prognosis of Klumpke’s Palsy

Modern medicine has changed dramatically in the last hundred years. What was seen as untreatable even a few decades ago is now managed with relative ease. Despite these improvements in health care, some conditions—such as Klumpke’s Palsy—continue to provide challenges to doctors and nurses. Individuals who have been diagnosed with this condition or are concerned about its development may want to have a basic understanding of the disease itself, its symptoms, causes, and prognosis. Working with a health care team experienced in the management of Klumpke’s Palsy is important for those who want to achieve optimal results in the treatment of the condition.

What is Klumpke’s Palsy?

As with all conditions, obtaining some knowledge about the basics of Klumpke’s Palsy is important for those living with the disease. Traditionally, Klumpke’s Palsy is defined as a condition characterized by the complete or partial muscle paralysis of the lower roots of the brachial plexus. Specifically, Klumpke’s Palsy has been found to affect the C7 and T1 branches of the brachial plexus, though other roots may also be involved. This palsy results in weakness in the fingers and hands, and loss of use of various fine muscles in the region.

Symptoms of Klumpke’s Palsy

As mentioned above, individuals who have been diagnosed with Klumpke’s Palsy often experience weakness in their fingers and hands. In more advanced cases, complete paralysis can occur, leading to the development of a “claw hand.” Ulnar nerve numbness is another common symptom of Klumpke’s Palsy, and can be very disruptive to individuals living with the disease. The loss of nerve sensation associated with Klumpke’s Palsy can sometimes lead to serious burns, lacerations, or other physical ailments, as the sensation of pain is no longer present.

Causes of Klumpke’s Palsy

There are a number of different factors believed to be behind the development of Klumpke’s Palsy. According to Erbs Palsy, babies that are large for gestational age may be at the greatest risk for the development of this condition. Similarly, mothers who have been diagnosed with gestational diabetes, have had a history of caesarean sections, or are themselves quite small-boned may be more likely to deliver a baby with Klumpke’s Palsy. Finally, mothers that have gained a substantial amount of weight during their pregnancy, are of an advanced age, or suffer from an extended pregnancy may give birth to a baby with Klumpke’s Palsy.

Prognosis for Klumpke’s Palsy

So what, exactly, is the prognosis for Klumpke’s Palsy? Can babies who are born with this condition expect to see a resolution in their condition? Unfortunately, there is currently no “tried and true” treatment for those who have been born with this serious health condition. Most experts recommend early immobilization, followed by a regimented program of physical or occupational therapy to manage the symptoms of Klumpke’s Palsy. In the more severe cases of the condition, certain types of surgery—such as those which promote nerve stimulation—may be recommended by experienced health care providers.

Salvi, Schostok & Pritchard P.C. is a personal injury law firm located in Chicago, Illinois.  For more information, please visit us at www.salvilaw.com.

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Child Custody Children Claims Domestic Violence

Signs that Your Child May Be Abused or Neglected at Daycare

child negligenceA daycare is a place where you expect your kids to be safe and happy while you’re away at work. You have to be able to instill trust in a daycare because they are spending just as much time with your children as you do, thus you expect them to protect your youngster. A neglected child is the last thing that you would expect at a daycare, but the sad truth is that some kids are either abused or neglected at daycares all across the country. The important thing is that you’re able to spot the classic signs of the abused or neglected child. Here are some indicative signs that your child may be abused or neglected at daycare.

Changes In Comfort Level Are a Warning Sign

Let’s say that your child has always been happy or even excited to be left behind at daycare. Suddenly, though, your child’s demeanor changes to the point where he’s anxious or reluctant to be left alone at daycare. That can be a very telltale warning sign of either abuse or neglect occurring at the daycare. If your child was abused or neglected at daycare, he’ll naturally exhibit these signs of fear when faced with the prospect of going back there.

Are There Any Unusual Bruises?

Another telltale sign that your child is the abused or neglected child at daycare is the mysterious appearance of bruises on his or her body. This is especially true if you leave your child at daycare with no bruises, and when you pick him up, there are noticeable bruises on his body. Of course, it is always a possibility that your child could have gotten some bruises from the typical play in which kids engage. However, a big, red flag ought to go off in your head if these bruises occur much too frequently.

Withdrawal Is a Suspicious Sign

Children are naturally outgoing, playful and highly energetic. That’s why a child who withdraws and becomes more reserved is suspicious, especially if this withdrawal starts to occur only after you’ve been leaving him at a daycare. A child who begins to become withdrawn could be doing so not only from physical abuse, but also from mental abuse, such as neglect during the time you leave him at daycare. If you see your child becoming more withdrawn, you should investigate.

Does Your Child Flinch?

Flinching is a sign of expecting something bad and forceful to happen. If your child unexpectedly begins to flinch when you do something harmless like raising your hands or arms, then that should also set off alarm bells in your head. If your child was ever hit at daycare, then they’ll develop the flinching reaction as a way to brace them self for what they expect to be another smack in their direction.

An abused or neglected child is an extremely serious issue, especially if it’s your child. Daycare is one of the last places on Earth in which you expect child abuse or neglect to occur, but it does happen from time to time. The best thing parents can do is to be vigilant and monitor their children for signs of abuse or neglect.

If you suspect your child has been a victim of neglect or abuse in their daycare, it is important to find a new daycare and seek the help of a legal representative.  Hardison & Cochran, Attorneys at Law are child care negligence lawyers located in North Carolina.  For more information about negligence and abuse at day care, visit the website at www.LawyerNC.com.

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Child Custody Child Support Children Divorce Law Family Law

Guidelines for Being Awarded Alimony

divorceWhen two people decide that it is time for them to end their marriage and get a divorce, the idea of alimony payments is always brought up. Alimony is a monthly financial payment from one spouse to support the other after a marriage ends. Alimony payments were historically made from the husband to the wife, the idea being that the husband was the one who worked and the wife would be the one to stay home and raise children. Since the ’70s there has been a movement in the other direction towards equality, and today where many wives support stay-at-home husbands, alimony is paid both ways.  This is determined by assessing the financial situation of each person involved and after taking into account certain factors concerning the marriage. Here are the guidelines that are followed to determine who is awarded alimony after a divorce.

Determining Who Has the Ability to Earn an Income

The main factor that is taken into consideration when it is determined which person will pay alimony is the ability to earn an income. Alimony used to be easier to determine when there was only one earner in a marriage, but in today’s world it’s far more difficult. In many cases, both members of the marriage have good careers and earn their own income, but they still wish to be awarded alimony. It can be difficult to discern which party needs the extra income. When there is only one person with an ability to earn a living because the other spouse gave up a career to raise children, then that person would be the one who would be required to pay alimony. The court also takes each person’s ability to earn a future income into consideration, so if a stay-at-home wife left a successful career, that would also count.

Determining Who Has the Ability to Pay Alimony

In some cases, neither spouse earns an income, but instead live off of a passive income. Lotto winnings, a trust fund, income from investments, or savings are all examples of passive income. In these cases, the person who the money belongs to is the one who has the ability to pay alimony, even though they are not actively earning an income.

Standard of Living and Length of the Marriage

One of the big factors of a divorce is making sure each person has the ability to maintain the same standard of living that they had during the marriage. A high standard of life would need to be maintained for each person, which would result in higher alimony payments.

The amount of time the marriage lasted is also a major factor. If a week-long marriage ends in divorce, then there would not be a significant amount of alimony paid out. However, if a marriage lasted over 10 years the amount of alimony would be significant.

It can be difficult to see your marriage come to an end, but even worse is being in a situation where you give up your career and dedicate your life to one person only to end up divorced with no form of income. Alimony is designed to protect people from situations like that, and the first step to getting alimony is to know the guidelines that are followed when determining who is awarded alimony.

If you are going through a divorce and you think you will have to pay alimony or are hoping to receive alimony payments, contact a lawyer who can advocate for you.  Charles R. Ullman & Associates is a spousal support/alimony divorce law firm located in North Carolina.  For more information about spousal support, visit the website at www.DivorceLawCary.com.

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Family Law

5 Ways a Felony Can Impact Your Life

A felony can adversely impact your life in all sorts of ways. You don’t want to plead guilty to a felony, whatever you do. That’s why it’s always a good idea to get a seasoned lawyer to represent you when you are facing any criminal charges. Here are the five ways a felony can impact your life.

You Won’t Be Eligible for Federal Assistance

If you are found guilty of a felony or plead guilty to one, you won’t be eligible for federal assistance. This means that you won’t be allowed to, for instance, receive any food stamps or get help with paying for higher education. You will not be allowed to get loans, grants or work-study. If you’re short on savings, not getting federal assistance can adversely impact your life.

You May Have to Forfeit Professional Licenses

If you have established your career and been professionally licensed, a felony conviction can undo all that. Let’s say, for instance, that you were licensed either to practice medicine or teach before your felony. A conviction can lead to the revocation of your professional license.

It is Hard to Find a Job

This is probably the most ruinous way in which a felony can adversely impact your life. A lot of employers will be skeptical of hiring a person with a felony conviction, as they will presume that you are at the very least untrustworthy – or worse – dangerous. Without a job and the ability to support yourself, your quality of life will undoubtedly suffer.

Your Ability to Travel Will Be Impacted

Your ability to travel to foreign countries will be negatively impacted by a felony. If you are an immigrant to the U.S., you may not be permitted to become a naturalized citizen of the U.S. In Canada, for example, you won’t even be allowed into the country since Canada doesn’t allow people who have been involved in criminal activities into the country.

You Will Not Be Allowed to Own Firearms

If you like to hunt or carry guns for personal protection, then a felony will rob you of the right to carry firearms. After a felony conviction, your right to own guns goes out the window, so you can’t hunt or use a firearm for self-defense purposes. If you enjoy hunting, you’ll need to find another hobby. If you live in a bad neighborhood, it may be time to move.

While being convicted of a felony is by no means the end of the world, it will make your life very difficult. Of course, you can always restore your community standing and enjoy success after a conviction, but it is going to take a long time and be very challenging.

If you have been accused of a felony or other criminal activity, it is important to find a legal representative to defend your case.  Paul J. Tafelski is an experienced criminal defense lawyer located in Michigan.  For more information about felonies and other criminal charges, visit the website at www.MichiganDefenseLaw.com.

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Adoption Children

Things You Need to Know About Adopting a Child from Abroad

AdoptionThe process of adopting a child can be simultaneously complicated, intense, rewarding, exciting and even frightening at times. Regardless of the particular circumstances surrounding your individual adoption, there are a few key aspects of the process that, when kept in mind throughout, can help you and your family avoid complex legal and emotional issues in the near future.

Government Resources for Prospective Parents

On the official website of the United States Department of Homeland Security, prospective adoptive parents can gain quick and easy access to free, downloadable forms that are necessary in the establishment of immigration status for the child. This step is mandatory and should be carefully considered before an adoption agency is contacted.

Your choice of agency is also a very important aspect of the adoption process. If you happen to know someone who has experienced an overseas adoption firsthand, ask for information about the organization they used. Online reviews and testimonials from previous parents can help you determine which agency best fits your personality, values and lifestyle. For added reassurance, contact the Better Business Bureau and request information on accredited adoption agencies that process international adoptions.

Determining Eligibility to Adopt Internationally

Your eligibility status is one of the most critical components of the entire process. Before you can adopt a child from another country, you must be approved by U.S. Citizenship and Immigration Services, or USCIS. The information that will be requested of you in order to determine eligibility will be evaluated by a social worker or state official, depending on your state’s individual laws. References from professional and personal contacts, fingerprint checks and verification of health insurance are typically included in these home studies, as are verification of employment, sufficient income and proof of a healthy, safe environment in which the child will reside.

If your eligibility application is approved, it will be forwarded to either the United States Embassy or the government organization in charge of adoption procedures in the country from which you plan to adopt your child.

It is important to remember that, depending on the type of adoption and the country involved, the process can be incredibly time-consuming. Many individuals and couples who wish to adopt internationally find that a number of very long months and, in some cases, years pass between the time that the first pieces of paperwork are filed and the adopted child is finally scheduled to come home.

Preparation for Parenthood

During the period of time that passes between application, approval and international travel to retrieve the adopted child, adopting parents must complete at least ten hours of pre-adoption training, as according to The Hague Adoption Convention of 1993. The Convention is designed with the legal protection of the child in question, the prospective parents and the adoption agency through which the process is completed in the foreign country.

Financial Considerations

Though the joy of finally meeting the newest member of your family is an experience that you will always cherish, the lingering effects of the financial expenses involved can induce stress in even the calmest and most collected of individuals. Considering the impact of these factors before, during and after the adoption process can help make managing it far more feasible and considerably less stressful. Talk to an experienced attorney with a proven track record of success in adoption cases, set aside money for translation documents (if required) and the future costs of childcare. Gaining a comprehensive understanding of what the process entails will better equip you with the confidence and forward thinking you will need throughout the process of your child’s adoption.

 

Janet, Jenner & Suggs, LLC is a Family and Cerebral Palsy law firm located in Baltimore, Maryland/Columbia, South Carolina/Asheville, North Carolina.  For more information, please visit www.cerebral-palsy-injury.com.

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Child Support Children Divorce Law Family Law Finance

Organizing Your Finances after Divorce

divorce and finances The process, as well as finalizing a divorce can be extremely hard on a person mentally. Facing possible financial ruin definitely adds to the stress. In general, most people lack the knowledge they in order to recover and move on financially. Knowing what to expect and how to handle it, is the only way to get through a divorce with your assets still intact. Surviving financially is especially important if you have children and other dependents.

 

How Divorce Impacts Your Money

Getting a marriage license is less than $50 in most states, but dissolving that union is going to cost much more than that. Even if the couple kept their finances separate and agreed to take their own money & assets and part ways amicably, the filing alone can be costly. If for some reason a mediator is needed, fees can go into the thousands. The situation only gets more complicated from there. Married people generally see an increase in wealth through their union, while divorced people lose 77% of their net value on average, according to DailyFinance.com. When children are involved, one spouse may end up owing child support or alimony which can greatly reduce their money left for all of their other independent expenses. On the other hand, the spouse who is supposed to receive child support or alimony may have a hard time getting their former partner to pay up. Additionally, divorce means splitting your assets and income while doubling the bills.

 

Take Action Before You Even File for Divorce

This is a very important step that could save you loads of money and time when the proceedings start. Once your partner knows you have filed, they may make every effort to hide money, transfer funds from mutual accounts to their own, and put away assets. Even if the judge rules against these actions, it’s going to be very hard to recover them, and waiting for a judgment could take a very long time. Smart actions for you to take include: getting copies of all financial statements, acquiring credit reports, and setting aside money for living expenses.

 

Restructuring Once the Divorce is Final

Here is where the real work begins. Getting back to stability once the divorce is finalized will be challenging, but possible. If you are paying child support or alimony to your ex-partner, it may take a while to adjust. Having your support payments drafted automatically from your checking account is the best way to handle it. This way there won’t be risk of forgetting to make payments, and there will be an electronic record of paying. Keeping other financial obligations simple for a while is advisable; now is not the time to go out and purchase high ticket items. The divorced person needs to be very forward thinking for at least the first year after separation; make plans for tax returns, stocks, and savings ahead of time. A well mapped out plan for paying existing and new bills will get you through it. This will put you on the path to rebuilding your financial worth. MoneySmart.gov has additional information on adjusting to the change in income and additional expenses spawned from divorce.

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Child Custody Child Support Children Divorce Law

Managing Life as a Single Parent after Divorce

When a divorced couple has children, life can get very complicated. Each parent is now on their own and suddenly realize all of the small things they did not notice when they had the other parent to back them up. Parents of babies and toddlers are tested by late nights and early mornings, with no one to alternate sleep, feedings, changing, and difficult nights with. Mothers and fathers of school aged children have to handle the morning routine: getting the kids to school, meeting with teachers, and driving the kids to after-school activities, all on their own. Managing life after divorce as a parent is not easy, but life will get back to normal much faster if steps are taken to deal with the challenges, instead of just hoping for a solution.

Struggles of Single Parents

Going through a divorce and living with divorce are very complicated life events which statistics show that many people in this country go through. Below are the two main challenges for single parents:

  • Childcare

This can be tricky one when the other parent doesn’t want to play nice. Developing a set schedule, if at all possible, for visitations will make it a little easier to figure out childcare. After visitation is established, each parent needs to find their own sitters or agree on one childcare or babysitter for both schedules. Both parents should have their own backup in case help bails at the last moment. This will keep the other parent from having to cancel their own plans to watch the children.

  • Finances

If child support or alimony is in play, you could come out a little better or a little worse; this depends on if you are the one receiving it or not. Large house payments and car leases might not have fazed you before, but now that there is one income, it’s likely time to downsize. The best way to downsize is to move into a smaller house with lower rent or mortgage; otherwise, make sure you’re not overdoing it on the spending – credit card bills can drown a single person.

 Coping with Stress

Divorce and death are the two most stressful events for people to deal with in life. Stress can take its toll on the individual and potentially destroy their life. With such a high stress situation, how does a single parent cope? Below are the five best ways to cope with stress during a divorce.

 Manage your weight with diet and exercise

It’s not about vanity or attracting another partner, keeping a steady weight will keep your hormone levels normal.

 Get out and be around the people you used to spend time with

 When you’re married, you tend to push aside others in your life to spend time with your spouse. If you’re dealing with divorce, now is a great time to reconnect with the people you lost touch with. Reconnecting will give you a chance to talk to people about things other than the stressful separation – it also gives you ‘adult’ time away from the kids.

Laugh

 Laughing is a great coping mechanism; when you laugh your body releases serotonin and reduces cortisol levels. Watch a funny movie, go watch a comedian, or just have your kids tell you about their silly perspectives on childhood things.

 Don’t turn to vices such as smoking, drinking or drugs

This one is important for everyone, but most especially for parents. As tempting as it may be to turn to vices to get you through the divorce, do not give in. Smoking, drinking, or using drugs will only make you feel ‘okay’ for a very short while; most of the time, using these substances end up making you feel much worse as soon as they clear your system. More importantly, you don’t want to set that example for emotionally vulnerable children.

Read more about coping with stress on the CDC webpage.

 

Ginarte O’Dwyer Gonzalez Gallardo & Winograd, LLP is a family divorce law firm located in New Jersey/New York. For more information, please visit us at www.Ginarte.com.

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Child Support Children

Cerebral Palsy

Cerebral Palsy
One of the most common of all childhood disabilities, cerebral palsy, is a disorder which impacts the individual in many different ways. People who live with this condition experience difficulties in movement, motor skills, and muscle tone. Also commonly known as CP, the main cause of cerebral palsy is brain damage which happens in utero, during childbirth, or very shortly after childbirth – in some rare cases, cerebral palsy cans be from brain injury which occurred before the child researches 5 years old. Causes of CP are varied and sometimes unknown; BBC Health points out that some causes include an infection during the pregnancy of the mother or fetus can cause this disorder – other factors include fetal injury in the womb and during childbirth, and infant seizures.

Facts About Cerebral Palsy

  • Cerebral palsy is the number one most prevalent motor disability in children
  • According to the CDC, an average, 1 in 303 children are diagnosed as having cerebral palsy by the time they are 8 years of age
  • African American and Caucasian children suffer from CP at a much higher rate than Hispanic children
  • Boys are 1.2 times more likely to have CP than their female counterparts
  • 40% of children with CP also have a mental disability
  • 35% of people who have cerebral palsy also have epilepsy
  • 1/4 of children with CP actually have both a mental disability and epilepsy
  • Babies born prematurely and/or of low birth weight are more likely to have CP
  • A twin is 5 times more likely to have cerebral palsy
  • Children conceived through IVF are 1.6 times more likely to be born with CP
  • Medical costs for children with only CP are ten times more than a child without a disorder
  • Children with cerebral palsy and mental disabilities will face medical costs which are 26 times higher than a child without either

Signs and Screening

Sometimes symptoms of CP are not clearly visible or easy to pinpoint. Signs of this disorder are not as cookie cutter as they can be with other conditions; each person may have completely different symptoms than the next person. Most commonly, cerebral palsy will start to raise questions around early infancy; when a baby fails to meet developmental milestones, parents often start to become concerned. Babies with CP often miss important markers for rolling over, sitting up, crawling/scooting, and walking. Less obvious signs in infants are abnormal postures, underdeveloped muscle tone, and twitching – these signs might only be noticed by a doctor with experience in this area. Most experts will agree that the earlier a child is identified as having CP, the better. Diagnosis is also very important for families of these children as they will then be able to receive help for care of the child through insurance and certain government programs. Diagnosing a child involves monitoring & screening for developmental cues, and medical evaluations.

Getting Treatment

While there is no cure for CP, there are treatments which can help the individual manage their symptoms. Intervention treatments and programs have proven effectiveness for both children and adults suffering with cerebral palsy. Common treatments include speech therapy and physical therapy, both of which are usually carried out through adulthood. Learn more about research and prognosis for cerebral palsy on the National Institute of Neurological Disorders and Stroke’s webpage.

Salvi, Schostok & Pritchard P.C. is a Cerebral Palsy injury law firm located in Chicago, Illinois. For more information, please visit us at www.cerebralpalsyinjuries.com.

Categories
Divorce Law Finance

Divorced But Neither Wants the House: What to Do?

Divorce But Neither want the houseThe marital residence can prove to be one of the most controversial components of a modern divorce. While the majority of divorces in the past involved arguments regarding which party would be allowed to keep the house, that trend has begun to change as the unstable housing market continues to fluctuate in a consistently negative pattern. Now, with foreclosure looming on the horizon for many divorcing couples, the question of who gets the house has a different desired answer.

Why Wouldn’t You Want to Keep the House?

In many cases, according to The Institute for Divorce Financial Analysts, the amount of money owed on a house’s mortgage exceeds the actual value of the property, making it a liability instead of an asset. Unless the house holds specific emotional appeal or value, getting stuck with a payment on a residence that isn’t worth the money can be financially devastating for the party who receives it.

Many married couples decide to divorce due to a variety of irreconcilable differences and, therefore, find themselves in a position in which they are far less likely to come to an amicable solution for both ends. It is possible that vindictive or hurt feelings may fuel a desire to cause the other person inconvenience, emotional pain and financial hardship. In these cases, the inclusion of a qualified and experienced divorce attorney in early proceedings and division of assets is highly recommended. Your counselor will help mediate these periods of correspondence, ensuring that all steps of the process are completed accurately and fairly as according to your state’s laws and regulations.

It is in this type of case, in which neither party can foresee any type of cooperation in the future, that a foreclosure or short sale is selected as the best way to resolve the issue. If the house is sold at a loss as compared to its purchase value or current market value, the spouses are advised to share the costs of the loss and call the case closed. If an agreement such as this cannot be made, bankruptcy is an option and should be discussed in detail with an attorney with experience in the field.

Possible Solutions

If both members of the divorcing couple are adamant concerning the situation and neither one agrees to take on the financial responsibility of keeping the house, other agreements may be made that still count as advantages to both parties.

First, if both people involved in the divorce are willing to work with one another on reaching a positive and lucrative solution, they may consider renting the property to a third party and splitting the money that is paid for it. If the amount of monthly rent, utilities and other bills exceeds the amount needed to pay the house’s mortgage, the difference is split between the ex-spouses.

A second option involves one member of the divorcing couple to remain in the house while the other moves out. The person remaining in the house pays a predetermined amount each month to the spouse who has moved out to cover rent and any other bills associated with the property. In this case, both people tend to retain ownership of the house and are responsible for any paperwork required to sell it in the future, should the market improve.

Ginarte O’Dwyer Gonzalez Gallardo & Winograd, LLP is a personal injury and divorce law firm located in New York / New Jersey. For more information, please visit us at www.Ginarte.com.

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Child Custody Children Divorce Law

Divorce: Is Your Child the One Suffering?

divorceGoing through a divorce is a stressful and upsetting time for a couple, but you have to keep in mind that this is an extremely stressful time for your children as well. Learning that their parents are splitting and that everything they know is about to change is daunting. Make sure your choice to divorce does not cause your child to suffer unnecessarily. Below are three tips to help your child manage a divorce healthily.

Be Conscious of What Will Upset Your Child

A divorce will probably result in a lifestyle change for your child, and a huge change in their daily routine can cause a child to feel stressed. Try to keep your child’s life as consistent as possible: keep them in the same school, surround them with their same friends, and make sure they keep up the same activities they’ve always loved. Maintaining a routine and schedule when another aspect of their life has become chaotic is integral.

It is also hugely important to make sure you keep heated and emotional debates between you and your partner to a minimum. Arguing, fighting, name-calling or any other nasty behavior does not need to be witnessed by your child. Even if the divorce was messy, remember that this person is still a parent to your child. Avoid blaming their parent, bad-mouthing their parent or fighting if your child can hear. At the end of the day, a child needs to know that both his parents are still in his life and still love him, regardless of the divorce.

Encourage Conversation With Your Child

Another way to ensure that your child manages a divorce the best they can and doesn’t suffer through it is to encourage them to voice their feelings and concerns. Initiate conversation with your child and talk about the changes they can expect to happen during the course of the divorce. Help them put their feelings into words, and listen to their response. It is important to let your child know that the way they are feeling is normal and that you respect their feelings.

If your child isn’t encouraged to speak about the divorce, this could have a negative impact on their behavior. Young children might have a change in appetite, their sleep patterns might be affected, or their behavior in school could be impacted. If your kids are older, they might take uncharacteristic risks. Letting your children speak will only help them emotionally.

Talk Care of Yourself and Learn to Manage Stress

The way you take care of yourself and manage the divorce will also affect your child. If you let the stress of custody and divorce paperwork get the better of you, you might fail to properly care for yourself. When you properly care for yourself and manage stress well, your child will learn how to handle stress and change in a healthy way. Get support if need be so that you can take care of yourself and your children.

Going through a divorce is always going to be a difficult time, but don’t make it unnecessarily difficult for your children. Follow these three tips to help your child healthily manage the new changes in their life. Your divorce shouldn’t result in your child suffering.

If you are going through a divorce, it is important to seek legal representation to mediate the situation and protect your child.  Charles R. Ullman & Associates, Attorneys at Law, are experienced divorce lawyers who can help you manage stress during this difficult time, ultimately shielding your child from the unhealthy effects.  For more information about this North Carolina divorce law firm and how they can help you, visit the website at  www.divorcelawnc.com .  

Categories
Family Law

Ensuring Optimal Nursing Home Care for Your Loved One

Elder CareTransitioning an elderly family member into a long-term care facility can be a stressful and emotional process. Doing your homework on where your family member will be residing will help you to make an informed decision on the best residence and care for your loved one. The most obvious concern of having a loved one in a nursing home is the potential for abuse.

According to the National Center on Elder Abuse (NCEA), elder abuse is defined as any intentional abusive act or negligence by a caregiver or other trusted individual. There are many types of elder abuse including physical, sexual, emotional, verbal, and financial. The NCEA estimates that for every one case of elder abuse that is reported, at least five go unreported. In 2010, the National Long-Term Care Ombudsman investigated over 211,937 complaints.

In order to ensure the most comfortable and enjoyable experience for your family member while residing at a nursing home, consider the following as part of your planning.

Geographic Region-

How many nursing homes are available in your area? What will be the distance to travel for family members who will be visiting regularly? Of the nursing homes available, what are the differences and similarities between them?

Comparison-

Once you have a list of the possible care facilities, you should contact them to get specific information about their policies and procedures, and standards of operation (such as staffing levels and licensure).  The care facilities you’re considering will likely vary greatly in size. In what type of environment would your loved one feel most comfortable?  A visit to each facility you’re considering should be made. It may be best to schedule a visit ahead of time to ensure staff members are available to meet with you, to provide a tour, and to answer any questions you have. You may want to keep a notebook to write down questions you have prior to the visits and also to record the answers you receive. You can also use this checklist to assist you with recording the information.

There are many on-line tools you can use to find and compare nursing homes in your area.  Among them, the Nursing Home Compare tool is perhaps the most comprehensive. Upon searching each nursing home you’re considering, you will be provided with information about how that facility ranks in the areas of staffing, health inspections, and overall quality.

Insurance-

 What level of care will your insurance cover? Will there be out-of-pocket expenses associated? Be sure to get detailed information about the prices of all care facilities you’re considering. If planning for care for a loved one, you will need to assess his/her financial situation to determine that adequate funds are available if out-of-pocket expenses are expected.

Special Considerations-

Does your family member have any specific medical conditions that would require care above and beyond what is offered at the facilities you’re considering?  If so, make sure to inquire about their willingness and ability to make accommodations. Would there be extra costs associated with accommodations? For example, if your family member suffers from Alzheimer’s or has dementia; you may want to consider facilities that have some type of memory care unit.

What are your family members specific religious/spiritual needs? Are there services available to meet those needs? If not, can accommodations be made?

What level of family involvement is acceptable? Some facilities may have limited visiting hours or may only allow a certain number of visitors each week or day. Some families are able to have very regular contact and to be involved in the daily care of their family member. If so, make sure that level of involvement will be supported by the care team. On the other hand, if the family members are unable to be involved regularly due to geographic distance or other limitations, make sure that is communicated and supported as well.

If you or a loved one is the unfortunate victim of nursing home abuse or neglect, it is crucial to seek legal representation.  Hughes & Coleman is a nursing home neglect and injury law firm located in Kentucky. For more information visit the website www.NursingHomeNeglectlawyers.com.

Categories
Child Custody Divorce Law

Common Factors in Determining Custody Battles

child custody

Going through a divorce is a difficult time, both for the couple involved and their children. What makes it especially difficult is deciding who gets custody and how the child’s time will be divided between parents. Judges will determine a custody battle by considering what is best for the child and looking out for the best interests of the child. However, there are several factors involved that will determine a judge’s decision. Below are a few common factors that will determine the outcome of a custody battle.

The Child’s Age and Gender

The first factors that a judge will probably consider when settling a custody battle is the age and gender of your child. If a couple’s child is very young, chances are in the mother’s favor. That being said, nowadays a judge does not usually have a gender preference when determining custody. That is, a father will not necessarily get custody of his son and a mother will not necessarily get custody of her daughter. The judge will examine which parent can better provide care to a child of a particular age and gender. It is also important to note that siblings are unlikely to be separated.

The Child’s Personal Preference

The child’s personal preference is also taken into consideration. However, how much weight this factor holds will depend on the age of the child. While a 6 year old’s opinion will be considered, it will likely not hold as much weight as the opinion of a 14 year old. While it differs between states, generally when a child is between the age of 12 and 14 his opinion begins to receive more substantial weight.

The Parent’s Lifestyle 

There are a variety of factors regarding the parents that a judge will consider. First and foremost, a judge will consider which parent can best provide for their child’s physical, emotional, and medical needs. A parent’s health and their financial stability are both common factors influencing the outcome. For example, a mother who frequently moves, thereby uprooting her child’s education and influencing their grades, will not be seen as beneficial for the child. Other factors considered by a judge are whether or not any allegations of abuse, neglect or violence have ever been filed against either parent, whether any claims have been falsely filed, and how willing a parent is to let the other parent see the child. The parent who is awarded custody must be able to provide their child with the necessities of life.

The Child and Parent’s Relationship

Another one of the most important common factors a judge considers is the relationship the child has with either parent. If one parent has been more present for the child’s life so far, that parent will probably have a better chance of winning custody. Love, affection, and emotional ties are all strongly considered by a judge.

Going through a divorce is stressful enough, but the added stress of custody can make the whole situation overwhelming. If you’re headed into court to determine who gets custody of a child, remember that a judge will not make a decision on just one factor. All of the above are common factors that a judge considers. At the end of the day, a judge will make a decision that is in the best interest of the child.

If you are amidst a custody battle, you should seek a professional to help you fight for the rights of your child.   Charles R. Ullman & Associates is a team of child custody lawyers with experience advocating for children and their best interests in North Carolina.  For more information about custody battles and processes, visit the website at www.DivorceLawCary.com.

Categories
Children

School Bus Accident Statistics

School Bus Accident StatsAccording to an in-depth research study conducted in 2008, the National Highway Traffic Safety Administration estimates that approximately 142 people die every year due to an accident involving a school bus or other vehicle used as a school bus. Of these reported casualties, 72 percent were drivers or passengers in vehicles other than the school bus involved in the accident. The remaining percentage of victims are primarily school-aged children, drivers and bus monitors, with nearly half of killed children falling within the five- to seven-year-old range.

What are the Causes of School Bus Accidents?

While the reasons behind school bus accidents and their resulting injuries, death and damage vary from case to case, there are a few very common causes that have been observed since buses took over as the primary mode of transportation for school-aged children.

  • Driver Error – A large number of school bus accidents have been attributed to driver error, distraction or other complications that inhibit driving ability under a certain set of circumstances. Due to the growing number of accidents associated with distraction of the driver related to cell phones, mp3 players and other hand held devices, numerous laws have gone into effect regarding their use. In most areas of the United States today, the use of a mobile phone for calling or texting purposes is outlawed within a certain radius of elementary, middle and high schools during peak travel hours. Bus drivers themselves are prohibited from using a cell phone or portable music player while operating the bus.
  • Vehicle Malfunction – Mechanical problems with engine, transmission, tires, hydraulics and other integral systems can result in a variety of dangerous issues that cause loss of control and crashes all over the country. Proper inspection and routine maintenance of all buses on a school’s fleet is mandatory in order to ensure the safety of students, school staff, pedestrians and other motorists on the road.
  • Old or Defective Equipment –  Although the presence and use of seat belts in private and business vehicles is mandated by state law throughout the country, hundreds of thousands of school buses are still allowed to transport children to and from home every day without any restraint system whatsoever. Even in buses that have been equipped with proper seat belts, hundreds of children are injured due to faulty belts, buckles or seats. Continuing support and demand for improved safety systems in school bus fleets has managed to make a slight difference in schools that possess the funds and means to update their buses. Schools in less prosperous areas, however, often find it difficult, if not impossible, to provide their students and their families with the peace of mind that seat belts and quality safety equipment have to offer.

Approximately 17,000 children are hospitalized or treated in an emergency facility every year due to an injury sustained while on or near a school bus. Replacement of out-of-date vehicles and accessories can help bring this number down significantly, allowing school children, their families and school administration officials to feel more confident in the transportation system that millions of people rely upon every day. If your family has been negatively affected by an accident directly related to school bus use or malfunction, you may be entitled to legal and financial recourse. An experienced personal injury attorney will assess your case and determine the most effective course of action to obtain compensation.

Janet, Jenner & Suggs, LLC is a Cerebral Palsy law firm located in Baltimore, Maryland/Columbia, South Carolina/Asheville, NorthCarolina. For more information, please visit www.cerebral-palsy-injury.com.

Categories
Family Law

Nursing Home Neglect: Numbers and Facts

Nursing HomeAccording to statistics from The American Association for Justice, a shocking 90 percent of nursing homes in the United States do not employ a sufficient number of qualified care professionals to provide an acceptable level of care for their residents. In addition, it is estimated that approximately 93 percent of all instances of abuse and neglect within nursing homes go unreported each year. These numbers serve to further support the need for more consistent regulations, improved monitoring and more stringently enforced legal repercussions for neglectful and abusive nursing home staff.

What Constitutes Nursing Home Neglect?

When many people consider the notion of neglect in a nursing home, they typically think of failure to address residents’ pain or cries for help, forgetfulness regarding medications, or simple disregard for residents’ well being in general. While these are certainly significant causes for concern, the issues that plague the nursing home industry are far more numerous and, in many cases, even more serious.

HelpGuide.org reports that negligence accounts for “more than half” of abuse cases reported in nursing homes in the United States. Negligence encompasses all forms of elder abuse that are determined to be the result of intentional or passive abandonment of duty regarding care. When a nursing home staff member intentionally denies a resident adequate care for any reason whatsoever, that resident has claim to compensation for negligence. If, for example, a nursing home patient’s condition or conditions become noticeably worse due to a lack of proper care, that patient and his or her family is entitled to their inalienable right to justice. If, however, no official complaint or report of negligence is filed, victims and their loved ones are left to endure the circumstances without assistance.

Signs of Nursing Home Neglect and Elder Abuse

Neglect and abuse that takes place within a nursing home setting can take many forms. Even if the victim of the abusive behavior is not able to speak up and make a stand against his or her caregivers, concerned family members can take steps to correcting the situation through careful observation and consistent monitoring of activity that occurs.

Some of the most common forms of elderly neglect in nursing home facilities include the following:

  • Isolation – In order to punish a resident for any action that the staff sees as undesirable, inhumane acts of isolation have occurred. This includes keeping the elderly resident locked within his or her small room away from other residents, even during community hours. The emotional and mental toll that this can have on an elderly person can prove extremely serious and detrimental to overall health.
  • Ignoring – Ignoring the emotional and physical health needs of a resident can include everything from simply pretending the individual does not exist, even while the staff member is present in the room, to choosing to forgo medication dosages and changing of linens or clothing.
  • Emotional Abuse – During a period in their lives in which they are away from family and friends for the majority of the time, elderly residents in nursing homes require regular interaction, conversation and emotional stimulation in order to stay happy and healthy in their later years. Staff members who consistently speak in harsh tones or with profane language to their charges can cause significant psychological damage over time, leading to a potential decline in health in their residents.

Family members who notice signs of abuse in their elderly relatives are advised to report any suspicious activity immediately and to seek out legal counsel in order to determine an effective course of action that aims to solve the problem and repair any damage sustained.

Hughes & Coleman is nursing home neglect and injury law firm located in Kentucky.  For more information, please visit www.nursinghomeneglectlawyers.com.

Categories
Adoption

Three Helpful Tips When Choosing an Adoption Lawyer

Adoption There is no greater joy in life than starting a family and many couples choose to do this, whether by choice or by necessity, through adoption. Going through with adoption can be long and tedious due to the complicated nature of the process, but this also acts as a way for agencies to weed out any parents who are not dedicated. The best way for prospective parents to adopt is to find a professional adoption lawyer who is familiar with the process and who can assist them every step of the way. Your choice of adoption lawyer can affect the entire outcome of the adoption, so it is important to properly vet the candidates to make sure you end up with the right one. But what should you look for in an adoption lawyer? Follow these three tips for choosing an adoption lawyer to end up with the best results.

Speak With Parents Who Have Adopted to Get Recommendations

The best way to find an adoption attorney is to speak with parents who have already successfully adopted. Check with friends and family members to see if they know anybody who has adopted and then try to be put in contact with them to talk about the process and their adoption lawyer. If you do not know anybody who has gone through this, there are always adoption support groups and meetings that you can attend to meet new people and find out the information you want.

Ask Difficult Questions to see How the Lawyer Responds

When you meet with other parents who have adopted try and get a list of questions they wish they had asked their adoption attorney and then, during the interview process, ask each of them these questions. If an attorney shies away from answering some of the more difficult questions, especially if they deal with cost, then there’s a good chance they don’t want you to know the answer. Find a lawyer who is completely honest during the interview and you’ll have an adoption lawyer that will always be completely open with you.

Choose a Lawyer Who Specializes in Adoption

This may sound like a no-brainer but you would be surprised how many parents assume that a lawyer specializes in a subject just because they are willing to represent somebody. Many lawyers dabble in different areas of the law and split their time between these focuses. When choosing an adoption lawyer you want to be sure that they spend the majority of their time on adoption law so that you can guarantee they are as knowledgeable as possible on the subject. Do a little research into the firm and the lawyer you meet with to make sure that adoption is the primary focus of their company, and doesn’t represent a small minority of their work.

The process of adopting a child can be physically and emotionally draining, but it is well worth it once it’s complete. Adoption agencies make the process difficult on purpose to make sure only the most sincere and dedicated people make it through to become parents. A great adoption lawyer can make the process that much easier while a bad adoption lawyer can send you back to square one. Following these steps will help you find an adoption lawyer that can assist you with starting your own family.

If you are adopting a child, hiring an adoption lawyer would be beneficial to you.  For more information about what an adoption lawyer can do for you, visit the website for The Law Offices of Brian M. Moskowitz, an adoption lawyer located in Boca Raton, Florida at www.Mosklaw.com.

Categories
Family Law

Choosing the Right Nursing Home for Your Loved One

Nursing HomeIt’s never easy to decide when to move a loved one into a nursing home or permanent care facility. It will probably be one of the hardest decisions you will make in your lifetime. After you sit down and decide that the best thing for your loved one is to be in a place where they can be surrounded by others and have the care
and supervision they need, then it is time to try and figure out what nursing home will be the best for them. There are many things that need to be considered when choosing a nursing home, especially considering this will be the place that your loved one spends the rest of their life. To further complicate matters nursing homes are far from equal in terms of providing the care your  loved one deserves. Instances of neglect and abuse in nursing homes are not uncommon and over 20,000 complaints of abuse in retirement homes are reported each year.

 Make an Unscheduled In-Person Visit to Inspect the Facility

The easiest way to cross a nursing home off of your list is to visit the facility in person and inspect it yourself. This can be difficult, as the staff tends to be on their best behavior when a prospective client is taking a tour. There is a way around this for you to see what the conditions are really like, and that’s by dropping by unannounced to visit. By not giving them any advanced notice you can see what the place will be like while your loved one is living there. The best time to do this is on the weekend, when the facility does not have as many staff working, and during meal times, when interaction is the most important. If you see staffers ignoring tenants then it’s probably fair to assume they will treat your loved one the same way.

 Remember the Needs of Your Loved One are More Important than Your Own

The most important thing about choosing a nursing home is remembering that you are not going to be the one who will be living there. It becomes easy to confuse your own preferences with the needs of your loved one, choosing amenities in a nursing home that you may find appealing but that may not suit your loved one. Make sure you communicate with your family and really listen to their needs so that you can find a nursing home that has the features that will make them happy.

 Research the Quality of Different Nursing Homes in All 50 States

A little bit of research can go a long way and there is no better resource for looking into nursing homes than www.MediCare.gov’s nursing home comparison system that gives 5-star rankings to nursing homes across the country. This allows users to narrow down their results by searching for different features and facilities. While written reviews of different nursing homes can be easily found across the Internet giving firsthand accounts of quality, Medicare’s nursing home rankings are a good way of seeing the overall quality of a permanent care facility.

Once the decision to move a loved one into a nursing home is made, you need to take your time and make sure you choose a place that works for everybody. There are other factors that need to be considered as well, such as the location of the home and how often they allow visitors. If your loved one needs medical care, they will need a home that is capable of providing them with the personal attention they need. If they are fit and active they will need a home that provides regular activities so that they can maintain their level of fitness. Choosing a nursing home isn’t easy, but with open communication between you and your loved one you can make a decision that works for everybody.

If you or a loved one has been the victim of nursing home abuse or neglect you may have a nursing home injury case.  For information about elderly abuse or neglect, visit the website of the Louthian Law Firm, P.A., a nursing home injury law firm located in Columbia, South Carolina at www.LouthianLaw.com.

Categories
Child Custody Divorce Law

Popular Myths about Divorce

There is a popular myth among divorcing couples, which has the mother automatically gaining custody of the children. While this myth is simply not true, it is relatively prevalent among couples and can lead to serious challenges in the preparation of a case. Because a divorce is a time of trouble and considerable emotional hardship it becomes vital to understand all your rights and the actual content of the law before making snap decisions, which is why an attorney is critically important.

Laws today are very different and do not seek to favor one or the other party, especially with regards to child custody. Here are some things that the court does look at; versus the popular urban legends about divorce floating around the water cooler.

Myth: Mothers are automatically favored and will by default be awarded custody of the children, especially if they are young.

Fact: The fact is that mothers are not directly favored, neither are fathers. The law, in states like Florida, spells out very specifically that neither party will be favored and that the law cannot act in the best interest of one or the other party.

Myth: The one making the most money will have to pay a great deal of support and maintenance to the other party because they are not making as much. It is better to have no income or lower income during a divorce.

Fact: The court looks at a variety of factors to make sure the division of assets is equable. This means that income is certainly a factor. However, if one partner is not working or is under employed voluntarily the court will account for income to that person depending on what they are capable of making. This may seem unfair at times, but it is the only way the court can prevent manipulation of the system by voluntary unemployment or underemployment.

Myth: Divorce decrees are written in stone and once they are written there is no going back to change or modify them.

Fact: Circumstances change, often significantly, which allows one or the other party to go back and request the court to change the divorce decrees. Typically courts will not change a property distribution that has been set out but other parts can be changed depending on the circumstances. These include, and are not limited to, child support, alimony, and visitation.

Myth: Lawyers cost an arm and a leg, so it is better to try and represent your own interests in the court. There are many resources to help you and you will be just fine by yourself. Aunt Betty represented herself and was awarded everything but the kitchen sink, so it behooves you to try the legal justice wheel of fortune by yourself.

Fact: The legal justice system is complex and riddled with policy and procedures. Failure to follow the proper process can lead to significant losses. There are many resources available, but often the resources will only show you the exact law which can lead you to more confusion when you try to interpret it. Lawyers are trained for years to ensure that they can follow the correct procedures, understand the laws and statutes fully, and guide you in the best possible manner. Divorces can be expensive, even more so if your former significant other has a lawyer and you are going it alone. Finding out the cost of an attorney and ensuring that you have the right representation are critical in safeguarding your rights.

Andrew Miller is an avid legal blogger and manager of over 20 attorney blogs. This article was written on behalf of Charles R. Ullman & Associates : A North Caroline Divorce attorney.