Custody Is Complicated (But You Have to Fight For It)

Posted by on Sep 13, 2018 in Family Law | 0 comments

Divorce is tough for any number of reasons, but perhaps the most heartbreaking part of it is the child custody battle. To be clear, there isn’t always a battle. Sometimes, parents reach an agreement that both think is fair. Even then, though, if there’s going to be custody of some sort for both parents, everyone loses some time with their kids, and if only one parent has custody, then the kids lose a lot of time with that other parent. It’s a no-win situation.

Added to this is the fact that custody isn’t really as simple as it’s made out to be. There are, in fact, two kinds of custody: physical and legal. Physical custody is about where the kids live and spend their time, while legal custody is about who gets to make the major life decisions for the kids, like what schools they go to and what medical treatments they need.

Custody can be sole (just one parent) or joint (shared by both parents), with one parent having “primary” custody. So, even if it seems like an agreement can be reached between both parents, there’s still plenty of room for dispute.

This is why, even in friendly divorces, it is important to fight for as much custody as possible of children. This can seem like a bad idea in the moment. After all, the divorce is already painful, why make it acrimonious by trying to demand more than just every other weekend for your custody? Or, why demand you’re the primary custodian who gets the final say on any decisions? It’s easy to assume not rocking the boat (when so much is already rocking and crashing around you) is the best course.

But you may regret it, and changing that custody decision may be harder than you think down the road. If you don’t fight to have the kids every weekend now, you may find, a year or two from now, you wish you had been more obstinate at the time.

So, fight now to avoid future regrets. Get the best child custody lawyer you can so you can get the best child custody arrangement possible. While you by no means want to tear apart the relative peace you have with your former partner (if indeed there’s peace to be had), showing how important your kids are to you in this moment can be important for all parties. It reaffirms your commitment to your former partner and to your kids in a moment when they may feel some doubts, and it demonstrates to the judge how seriously you take your role as a parent. It also, once again, removes the need for regret later.

The truth is, child custody is complicated. It’s messy, and even if everyone seems happy in the moment, it’s likely no one will really be happy about the situation long term. It’s something a family has to grow around, but just make sure you’ve given yourself the room to grow with your kids with the best custody deal to keep you central to their lives.

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Can riding a motorcycle ever be safe?

Posted by on Oct 6, 2017 in Motor Vehicle Accidents | 0 comments

There’s often a dream of somehow combining the reckless with some security. That’s the appeal of things like rollercoasters: the thrill of incredible speed in a relatively safe machine. This is an instance of the old expression, “having your cake and eating it, too.” Of course, roller coasters are not perfect—there are still accidents and even occasional deaths—but the rarity of these events allow people to feel safe even as they fling through the air upside down.

One of the goals of automotive design is to give people their cake to eat as well. Many recent advances have helped make the driving experience safer even while it remains as efficient and enjoyable as ever. The ability for cars to stop or correct when the driver approaches another vehicle is an excellent example here. Once this technology is widespread, there is likely to be a significant dip in the number of accidents across the country, all without impeding the driving experience.

Full automation, while likely to resisted by many and certainly something that will harm the experience for many drivers, will continue this trend. The more full automated cars on the road, the safer driving will be for those who remain in the driver’s seat.

As technology makes cars faster and more effective at keeping passengers safe, the question arises about other forms of transportation. Airplanes remain highly effective and safe, as do trains, but what about the motorcycle?

It seems likely that the motorcycle will never be a safe vehicle. Riders are almost certain to resist any form of automation, and it is likely to be less effective anyway since motorcyclists are already capable of more awareness of the space around them due to the exposure that comes as part of the activity. While automation in cars may help lower some instances of accidents, it is not clear how many and how well that automation will be able to stop accidents with a small, speeding object like a bike versus larger cars and trucks.

So, the motorcyclist is likely to miss out on the “cake” of greater safety in transportation. This is proved by the fact that accidents involving motorcycles have been on the increase in the last decade, despite these advancements.

The motorcycle has always been a specialized choice, one not meant for the average driver. It is in this danger and the exclusiveness of the choice that the motorcycle earns its reputation and identity. It is not clear whether bikers would be resistant to further safety measures simply for that reason, just as many remain resistant to wearing helmets, despite the overwhelming evidence of their effectiveness.

Considering such points, it seems clear that motorcycle safety is unlikely to improve with that of other transportation. The choice to ride a motorcycle may, to return to the initial metaphor, be similar to those who skip the rollercoaster to bungee jump or the skydive, seeking the greater thrill at the expense of safety. With such a thought process at work, it’s hard to see how much improvement can be made on the safety side of things.

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Broker Misconduct: Unsuitable Investments

Posted by on Jun 18, 2017 in Investment Fraud | 0 comments

Potential investors consult brokers because these people are the ones who know better. They study investments to check which ones can potentially grow and determine their involved risks. Of course, not because a particular investment has good potential for growth and has acceptable risks, it automatically means that it is the right investment for the potential investor.

There are a lot of other factors to consider to determine where an investor should invest his money. These may include the following:

  • Financial situation
  • Investment experience
  • Room for risks
  • Liquidity
  • Condition of other investments, if there are any
  • Investment goals
  • Tax status
  • Age

If the broker has recommended a particular investment opportunity without considering that investment’s growth potential, its risk factors, and the potential investor’s financial standing, he may be committing a broker misconduct called unsuitable investments.

Suitability occurs when a potential investor’s status, such as the financial standing factors bulleted above, coincides with the investments he has made. Failing to have suitability is almost always the broker’s fault, because he is the one responsible in studying investments and determining the status of the potential investor.

Unsuitability can arise in two ways. First, it can arise because of the lack of knowledge regarding the particular investment or the potential investor’s status. Second, it can arise because of the financial advisor or broker’s incompetence, usually in the form of lack of understanding of the investment’s potentials and risks and lack of adequate financial strategies.

To guarantee suitability, it is recommended that the broker have the following:

  • Adequate knowledge of the nature, potential, and risk of the investment
  • Adequate knowledge of the potential investor’s profile, including the financial standing factors bulleted above
  • Adequate investment strategy that fits the investment and the investor’s profile
  • Full understanding of the investment strategy before recommending it
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Boating Accidents due to Alcohol and Other Forms of Impairing Substances

Posted by on Mar 27, 2017 in Boating Accidents | 0 comments

The five types of recreational vessels with the highest number of casualties in 2014, as per the U.S. Coast Guard’s 2014 recreational boating statistics, include:

  1. Open motorboats, with 1672 casualties (282 deaths and 1390 injuries)
  2. Personal watercraft, with 1626 casualties (34 deaths and 5920 injuries)
  3. Cabin motorboat, with 294 casualties (39 deaths and 255 injuries)
  4. Canoe/Kayak, with 256 casualties (133 deaths and 123 injuries)
  5.  Pontoon, with 114 casualties (17 deaths and 97 injuries)

Recreational boating remains to be a very popular leisure activity in the U.S. In 2012, 87.8 million American adults participated in recreational boating at least once; in 2013, the number jumped to 88 million.

With too much fun, however, some people just tend to forget about acting carefully and responsibly; this are what make exciting activities risky occasions. Worse, to make water adventure more fun, many bring not only food but intoxicating drinks (and sometimes illegal drugs) too. The bad news is, just like drinking and driving do not make a good combination, so too do drinking and boating. As reiterated by the U.S. Coast Guard, drinking alcohol while at sea can affect boat operators’ and passengers’ vision, judgment, balance and coordination faster than when it is consumed on land. This is due to the overall marine environment, which includes the sun, sea water mist or spray, wind, engine noise, vibration and motion. Thus, due to alcohol, accidents, like capsizing boats and drunken passengers falling overboard and drowning have become very common. The USCG further says that alcohol is the leading contributory factor in fatal boating accidents, as well as the leading factor in deaths in the water.

Failure to wear a life jacket, besides alcohol impairment, is another major contributing factor in fatal boating accidents. This is the same regardless of the type of vessel one is operating or riding before falling into the water – yacht, motorboat, jet ski, pontoon, canoe or kayak. And as the boating season nears, the USCG reminds all boaters to boat responsibly – part of which is wearing a life jacket and avoiding consumption of any impairing substance.

Any person who operates any type of vessel while under the influence of drugs or alcohol and causes an accident that injures another person gives this injured victim the legal right and reason to pursue a legal action against him/her. In connection to drinking and boating, thousands of people have, indeed, been injured, resulting to thousands of boat operators finding themselves in court as defendants.

According to Roseville personal injury lawyers, “It is important that you understand what your legal rights are, and determine whether you may be eligible for compensation, as a result of your injuries due the negligence or illegal action of someone else.

Through a personal injury claim, you may be able to obtain compensation for economic, as well as non-economic, damages. These damages include covering expenses for past and future medical care, physical therapy, and even lost wages from time taken from work for your recovery. Damages can also include compensation for pain and suffering, and emotional distress.”

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A Guide On How To File Storm Damage Claims

Posted by on Dec 22, 2016 in Storm Damage | 0 comments

The aftermath of a destructive storm can leave a huge problem for you. While the storm may be over, your woes may just be beginning. For most people, the end of a storm would mean the start of the rebuilding process. It is likely that the damages you incurred would be too costly for you to handle from out of your own pocket. If you have insurance, it is possible to file storm damage claims.

A Texas storm damage attorney will tell you that having insurance can provide you with the needed financial assistance for repair and replacement of your damaged home. However, the claims process can be long and tedious so you need to make sure that you process it the right way. Here are the steps on filing a storm damage claim:

1. Deal with the danger first

If there is extensive damage to your home, you need to make sure that there are no more problems when the adjuster comes to assess the damage. Issues such as gas leaks or serious flooding should be dealt with first.

2. Call your insurer

Check with your insurance provider if they are covering damage to your building and your possession. Some insurers will cover both so do check with your provider before filing a claim.

3. Take pictures

If possible, document everything with pictures or videos. They can help support your claim and remind you of your possessions as well. Keep damaged carpets, skirting boards, and architraves to show their quality.

4. Look for alternative accommodation

Your insurance provider may be offering some kind of accommodation options in case it is impossible to stay at your home. You might be able to get some discounts from partner hotels. Make sure that you have already cleared it with your insurer before booking any hotel.

5. Arrange damage assessment

When there is substantial damage to your property and the claim will be significant, the insurance company will usually send a loss adjuster to inspect the damage to your property.
Following these steps will help ensure that your claim will be successful.

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