Tuesday, July 29, 2014

Child Custody Determinations

During a child custody determination, parents are closely scrutinized according to many factors. Since there are no laws that state any one factor is most important in this determination, a judge is encouraged to consider all aspects of the parent's ability. In most states, hearings regarding child custody fall under the family court system, meaning these judges are particularly suited to making an informed decision. Here are some of the factors and circumstances a family court judge is likely to take into account during a custody determination.

Custody Factors

Because family law branches into a bit of a gray area, judges consider many different areas of a parent's ability. A judge is most likely to award custody to the parent who can provide the greatest stability and care to the child. Environment, financial security, and emotional attachment to a particular parent are just a few of the factors a judge will take into account. In younger children, emotional support and care are considered to be the most important, while education and stability are often considered to be more important in older children. Regardless of age, continuity in all aspects of life is a paramount concern.

The best interests of the child are what truly concern a family court judge. Both the child and the parent's issues are taken into account. Older children are often asked which parent would be a better caregiver for them, but this consideration is not always taken into account. The child's gender and age are often taken into account, as further development and informed growth are pertinent aspects of parenting. The child's social development and each parent's ability to maintain growth in this area is also important.

Parental Determinations

Parents are often judged on many separate factors as well. Mental, physical, and financial stability are paramount. While a parent's financial situation is not a primary concern, it often will affect the determination regarding fiscal responsibilities, such as child support payments. Where each parent lives is also a consideration, as a judge often wishes to keep the child in an environment that is familiar to them. Any indication of abuse will most assuredly bar a parent from any level of custody. Domestic abuse to the ex-spouse is also considered, as it may indicate the possibility of child abuse later. Lastly, a willingness to cooperate with the other parent is a sign of maturity and parenting ability, and is often important to a judge.


As the laws pertaining to custody of a child are interpretive, some of these factors may not be considered. Often a judge may make a determination based on who they feel is a better parent, which may not always be the most logical standpoint. The best thing a parent can do is to provide real scenarios and testimony on how they can care for the child, rather than attempt to slander the "opposing" parent. Parents should keep in mind that the healthiest way to deal with a custody determination is to attempt a joint custody agreement and work through their personal problems at a different time.

Divorce is never easy and if there is a child custody issue before the court the stakes become even higher. Always the goal for any family law attorney is to not only put the safety of the child first, but also to find a pathway to a successful outcome without the type of rancor that will prevent uncomfortable or hostile future interaction.

If you are concerned about your family law case and need a few minutes just to discuss what is going on give Saint-Pre and Associates a call today at (212) 951-0044. Or visit us on the web at http://www.mikesaintprelaw.com
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Saturday, July 26, 2014

Learn More About Paternity

When a child is born and there are questions about who the father is, a paternity action may be filed. Generally, blood tests and DNA samples can determine the true father of a child. However, paternity cases often go beyond the simple determination of fatherhood to issues of care and financial support.

Wednesday, July 23, 2014

Basic Information on Social Security Disability

Social security disability is a program setup to assist people with disabilities who have been medically proven to have the disability. It is run through two programs; social disability insurance and supplemental security income both run by the social disability insurance. This is to mean that the fund caters only individuals with full disabilities.

The context below tries to discuss some of the facts you did not know about social security disability.

The administration

Benefits are for you and your selected family if you are insured that is you have paid social security taxes for some time. The benefits are usually in terms of monetary compensations to the beneficiaries, individuals who are beneficiaries have the right to an attorney to guide them in the practice.

Disability determination process

Determining whether an individual is totally disabled, in most instances, is not done with much scrutiny, it simply requires visual proof and in some rare cases an expert analyses the degree level of disability. The social security disability agencies have representatives that are tasked with collecting the various applications for the disability benefits. This is achieved through phone calls, mail, or any other mechanism available. They are also tasked with validating the non-medical aspects of the requirement applications. Non-medicals include the age and marital status of the individuals. The completions of all this processes allows one to be eligible for the disability benefits.

Effectiveness of the social security disability

In recent times many questions have been raised concerning the definitions of the disability and eligibility criteria, the population's needs are rapidly changing and there is a need to update the definition to cater for the varying population. Disability covers mental and physical impairment. For this scheme to be effective relies heavily on strictness when it comes to defining and compensations. Incorporating individuals with partial disability means increased cost.

Medical consideration

As we had discussed earlier, social security disability involves mental disabilities as well. This range from depression related issues, anxiety, and other disorders. Low intellectual disorders (low IQ) is also categorizes here. There are instances wherein individual disabilities cannot meet the above mentioned threshold, when you cannot even carry out simple procedure or routine require, that does not require skills you can get disability benefits.

Social security disability is a critical and sensitive concern to the affected groups of individuals in the society; they should be treated with outmost care and respect. This starts by ensuring that their rights are respected.

Check out the Workers Comp Disability Blog to find competent Social Security Lawyer Brooklyn services.
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Sunday, July 20, 2014

Step Parent Adoption

A Family Law Attorney From Murrieta Explains:
We no longer in live a world made of mom, dad, brother sister, and puppy. Instead of this "norm", families have many definitions. In fact, the "norm" has now shifted to include the "alternative family" as the majority of family makeup in the United States.
One type of alternative family that is emerging is the step parent adopting the spouse's child from a previous relationship. When the spouse of a natural parent adopts the child, all rights afforded to a natural parent are then shared with the adoptive parent. In the eyes of the law, the step parent becomes the parent of the child once this process is over, anywhere from six to nine months.
When a step parent applies for the adoption of their spouses child, the rights of the biological parent must be recognized. In order for the adoption to occur, the other natural parent must consent. If the absent parent in deceased, a death certificate must be produced to prove no other adult has right to the child. If the adoption is uncontested, then the other parent may give a simple consent. If the adoption is contested, a court hearing is called and it must be proven that the parent in question is either an unfit parent or that they have abandoned the child. If this is the case, a termination of parental rights lawsuit must be filed in addition to the adoption filing, but both suits can be heard together.

 In addition to the absent biological parent's rights being accounted for, the spouse of the adoptive parent must also consent to the adoption. Also, if the child is 12 years of age or over, they must give consent for the adoption as well. An at home study will also be conducted for the purposes of identifying if the child's best interests are being taken into account once the adoption process has concluded. A background check may also be ordered on the adoptive parent, also for the child's safety.   

Family legal matters can be extremely emotional, frustrating and costly. Because of this, it is important that you get the right informatin BEFORE you take action regarding a divorce, child custody, child support, adoption, or any other important legal matter.

Get the information you need to make an intelligent, informed decision regarding your and/or your children's lives. http://www.TemeculaDivorce.com has a wealth of information available to you to help you properly navigate the legal system in Temecula, Murrieta, Hemet, Riverside, and the entire Inland Empire. If you need to speak with an attorney, we have professional, compassionate attorneys to assist you. For a free consultation, please go to http://www.TemeculaDivorce.com
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Friday, July 18, 2014

The Importance of Social Security Disability Lawyers

If you're a social security applicant, you may very well know that it's impossible for non-lawyers to know the ins and outs of social security law. There are plenty of problems and confusions that could arise when you first apply. Therefore, to smooth up the entire process and get help all along the way, you would need social security disability lawyers on your side.

If you do not have a social security attorney on your side, it could lead to you missing out on some obvious facts and inevitably you could also miss out on some much needed benefits. These lawyers are specially trained and have studied about previous such cases. Therefore, if you're looking forward to getting your case approved, you would need to ensure that you do it right. One of the best ways to see to this is by hiring a reputed attorney for the purpose.

One good thing about most of these lawyers is the fact that they'll charge you only if they manage to win you the case. They also offer you free review of the prospective possibility of you winning the case, and they even go through your disability claim. If they're satisfied that you've got things right, they would be willing to fight the case for you.

You need not always go in for a disability attorney, if you've got time on your side, you could always try winning the case and getting your claims approved on your own. However, if you do come across any hurdles, you know where to look. All you need to do is organize the claim well and if you aren't familiar with the process, disability attorneys will do it for you. These attorneys are trained to help you solve such problems.

The disability lawyers will help you file the appeal right from the paperwork and documentation up to the actual case hearing. Since the lawyer knows the law of the land well, he can convince the judge to grant you what you deserve as he'd be able to explain to the judge what you can't.

Therefore, if at all you're planning on getting your social security work done, make sure to consult a social security attorney from the very start if you want to save yourself time and be away from worries. They'd help you every step of the way and you'd be happy that you chose to use their services.

If you're looking for professional social security attorney Las Vegas or social security lawyers New York to take care of your claims from day one, we're the one for you. We do it ourselves and don't let clerks do any of the work. We're always ready to offer free consultation.
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Monday, July 14, 2014

How A Family Law Attorney Brings Families Together

It is easy to get the impression that a family law attorney is someone you consult with only when something has gone very wrong. For instance, a lawyer may be necessary in the event of domestic abuse, determining or collecting alimony, as well as child custody and support. However, this type of lawyer may be necessary in the process of preparing for, creating, and providing for the family you wish to have.

For an increasing number of individuals contemplating marriage, especially where both parties have professional careers and assets of their own, the first step in clearly communicating expectations and commitments is a prenuptial agreement. This legal contract can be used to specify how property and assets will be handled, not only in the case of divorce, but also if and when one of the spouses dies. These issues are not ones normally associated with the romance, good intentions and optimism that accompany the decision to marry. However, a prenuptial agreement is an act of recognizing of the practical aspects of marriage and a preemptive measure to solve possible misunderstandings and friction before they have a chance to occur.

For many couples, the ideal family is not complete without one or more children. However, the inability to have biological children of one's own can be a source of considerable emotional pain. Adoption is a win-win option for all parties involved. It can satisfy the yearning of the adoptive family while giving the biological parents, unable to take on the responsibility of a child, the opportunity to give their child a good life nonetheless. However, adoptions frequently involve more than one jurisdiction. Plus, protecting and balancing the rights of the adoptive parents and the biological parents must be carefully navigated. A family law attorney handles all the legal aspects of adoption, ensuring that you and your child begin your relationship with as little stress and difficulty as possible.

All families must one day face the death of a beloved parent or grandparent; this is an unavoidable life passage that is difficult to bear even under the best of circumstances. Dealing with contentious issues surrounding the distribution of your loved one's estate can be an insurmountable task at such an emotional time. A family law attorney can be particularly helpful in quickly sorting out the rights of all parties, including the executor, heirs and any legatees challenging the speed or substance of administration of the will.

In short, regardless of what stage of life you have reached, you have a trusted and knowledgeable resource available to you in times of conflict, confusion and contention. Working with a family law attorney will help you understand applicable statutes and regulations and avoid or quickly resolve undesirable legal entanglements.

When looking for a family law attorney, New Orleans area families turn to Conroy Law Firm, PLC. Building better relationships start here: http://www.conroyfamilylaw.com/family-law.html.
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Tuesday, July 8, 2014

What Can You Do When Your Social Security Disability Claim Is Rejected?

65 percent of all applicants are denied the first time applying for Social Security Disability Insurance. This outcome, however, isn't a final testament to the filer's condition; rather, because of strict rules, the Social Security Administration may simply require more information to prove the filer's condition and inability to work.

With all claims, the SSA looks for the following: the filer cannot do the tasks he or she previously did; he or she cannot do another form of work as a result of the condition; and the condition is expected to last at least a year. Along with these factors, the filer's 2013 earnings cannot exceed $1,040 per month, and the condition falls within a list of severe medical diagnoses.

Appealing, however, is more likely to give the desired result and benefits than not appealing at all, which a surprising number of filers do; sending in an application too late; or deciding to start the application process all over again. Yet, if you decide to appeal, in which nearly half of all claims are favorably reversed, what should you do?

1. Find out why the claim was denied. In many cases, the SSA just may require more evidence.

2. Know which forms to fill out. Anyone filing an appeal must complete a Request for Reconsideration and a Disability Report - Appeal, both of which must be completed and mailed within 60 days of the initial denial notice. With these forms, state why you were unfairly denied and attach more materials to support your case.

3. Before you send in your forms, consult a social security disability lawyer. Studies show that getting a lawyer involved in the SSDI appeal increases the filer's chances of claiming past due benefits by 600 percent. Social security disability lawyers cannot charge an upfront fee, but once a case is won, he or she receives payment of up to 25 percent of all back pay. Lawyers, in assessing a SSDI case, examine each client for the following: Does he or she currently engage in an activity; does he or she have a severe impairment that meets or is equivalent to one of the SSA's listed impairments; and can he or she perform past job duties or any other work responsibilities?

4. Gather evidence. A letter from a doctor is not sufficient to win an appeals case. As the SSA could have initially denied a claim for this reason, the lawyer may request clinical notes, diagnostic tests, and laboratory evidence.

Understand, too, that Social Security Disability has four levels of appeals: Request for Reconsideration, an Administrative Law Judge Hearing, Social Security Appeals Council, and filing a lawsuit in a U.S. district court.

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Saturday, July 5, 2014

Adult Guardianship

Many families struggle with how to manage the finances, health care and other personal matters of adults who are unable to care for themselves. You may decide to pursue an adult guardianship if an adult is mentally or physically unable to make his or her own decisions and does not have a living will and power of attorney that provide a competent person to make those judgments.

Wednesday, July 2, 2014

When You Need a Worker's Compensation Attorney

Workers compensation, also known as workman's comp is a type of insurance program that is mandated by the state. It provides for compensation to employees who suffer injuries and illnesses related to their work. There are basic guidelines for workers compensation that are same for all states but since it is mandated for by the state, some guidelines and rules may differ from one state to the other. Every once in a while an employee gets injured or sick while in his or her line of duty, and the need for worker's compensation arises. Though there are rules and guidelines to be followed when this occur, most people may run into trouble hence the need for a worker's compensation lawyer.

How does the worker's compensation law work?

Worker's compensation is mostly a compromise between the employer and the employee. It denies the employees the right to sue their employers for injury caused by negligence. In return, the employees would be paid for any work related injury whether it was caused by the employer's negligence, an act of the employee or even a third party. To benefit from this however, the employer should have a worker's compensation insurance or to at least meet self- insurance requirements. This insurance policy is paid for by the employer and not the employee.

When you need an attorney

The need for a lawyer may not rise in all instances especially when the compensation benefits are paid without any trouble. But when the insurance company is not willing to pay the benefits, the employee may need help in fighting for his or her right. The insurance company may refuse to pay the benefits due to many reasons for example fraud especially committed by the employee by faking or exaggerating the injury. But sometimes the benefits claim may be denied by the insurance company because of a financial incentive not to pay out the benefits. That's when you need a lawyer

Benefits of hiring a worker's compensation lawyer

The workers compensation lawyer safeguards your interest and forces the insurer to pay the benefits. If the insurer still denies it, the lawyer would be beneficial in appealing to the state board.

Law is not easy. Everything related to the law has something difficult about it from looking for the applicable laws in the tones of books available, to understanding and interpreting it in the correct way. A lawyer helps you to understand the state insurance laws. He or she would make it easier to identify the exact laws applicable for a particular case and how to apply it.

If you sustain sever injuries, disabilities, or incapacitation in your place of work, you need a lawyer to help you with your claim and also to advise you on alternative programs for example the social security disability insurance to help you get your life back to normal.

The Shulman Law Firm Brooklyn focuses and handles several cases on worker's compensation. Visit their site now to learn more about Workers Comp Attorneys Brooklyn.
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