Monday, February 21, 2011

Criminal Lawyer, Thomas Carr, Supreme Court ruling impact Bruno case - Tully Rinckey - Albany

Criminal Lawyer & Tully Rinckey Partner, Thomas J. Carr, discusses the US Supreme Court ruling in regards to honest services and how it could affect Joe Bruno.



http://www.youtube.com/watch?v=YbsG9Hi-pvs&hl=en

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Friday, January 21, 2011

Attorney Paul Battan, Child Abuser By Proxy?

Olympia Family Attorney Paul Battan successfully fights to place a young child in a violent home. Paul Battan is nothing more than a common child abuser by proxy with far too much power. Attorney Paul Battan has sucessfully argued in court that this woman is an ideal mother, yet just this summer (2010) this international incident occured. The worst violence that has ever happened in this major international airport according to the airport police. The Law Offices of Paul Battan must be boycotted until he stops this obscene objection to the mother getting any treatment for violence, and the child getting any medical or psychological care. It really is a minor and simple request for Paul Battan, yet he refuses. "(The father) has continued broadcasting material on the Internet..(snip)..attacking me as her lawyer. Until this risk is reduced, I do not believe that..(snip)..the family court or criminal court will be comfortable giving (the father) access to (his son)" ----Court filing made by Family Attorney Paul Battan Please support the upcoming Hunger Strike! Let's change this broken system so that it actually does look after our children's best interests!



http://www.youtube.com/watch?v=6S1UaHm44ok&hl=en

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Tuesday, January 18, 2011

Sex Abuse, Molestation, and Persons Falsely Accused Can All Be Victims

As in all states, the issues involving sex abuse, sexual battery and molestation affect many people. Florida with its diverse tourist, student and resident populations has these injuries and crimes occur far too regularly. In Hillsborough County these incidents require prosecution and defenses, both criminally and in civil litigation.

Sexual battery is the term most often used in cases involving sexual abuse and molestation. These crimes and injuries are prevalent in the United States. There is another kind of injury, that arising from false accusations, unfortunately. Sexual abuse and molestation are assaults under the law and are dealt with as assault crimes as well as torts in civil litigation cases. Because of the nature of these acts and the charges they bring, there is great emotional damage in its wake, especially for victims. Civil damages, when possible to attain, can mitigate and make whole the wrongs that have been done for victims and their loved ones.

Even locally there are incidents of abuse and molestation that are quite surprising. One of these incidents has included a child under the age of 10 molesting another child. It was perpetrated by a relative under the age of 10 years old. In another case reported in local Tampa area involved a step father who improperly interacted with his step daughter. Cases abound like these and are devastating to the victim and the molester for obvious reasons. The statistics are enlightening. The victim must be protected and made whole from the incident, which can sometimes take years. Civil damages, in addition to criminal charges, can help the victim put their life back together.

In cases that involve false accusations it harms everyone, especially the person falsely accused. The insinuation that one has committed a crime of this nature may never be fully remedied. When one is falsely accused one can be damaged as severely as any other victim of a crime. The causes of a false accusation can arise from an accuser's uncontrolled fears, their retaliation for some act or non action plus a myriad of other reasons. These may be the basis and cause to bring civil proceedings in recovering from the emotional and mental damage and injury to ones reputation and career.

In regards to the signs of molestation and sexual abuse they can manifest as a change in a child's behavior, such as fearfulness, mood swings and withdrawal, to name only a few. There is a large list of warning signs and behaviors that professional assistance through a trained therapist can determine. These signs may have other explanations and need to be carefully dealt with. Seek professional assistance if you suspect something has occurred. Once determined there may be enough evidence to bring criminal charges.

Sometimes there is only the possibility of bringing justice through a civil action. This is when you need to consult qualified lawyers who are knowledgeable in these areas of the law. The Tampa injury lawyers can assess the recovery possibilities, then help restore and repair damage that has occurred for you or a loved one. There are specific time limitations for filing civil actions regarding accidents and injuries.




Michael R. Herron Esq. is a Former Prosecutor, a Gulf War Veteran and an Experienced Trial Attorney who practices Personal Injury Law and Motor Vehicle Accident Law in the Tampa, Florida area. He has handled in excess of 5,000 cases, 60+ Jury Trials, and 250+ Judge Trials. Michael can be reached at http://www.injurytampa.com.

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Friday, January 7, 2011

Divorce and Child Abuse

Marriages may break down for several reasons. The couple's finances may be in shambles, one spouse may have cheated on the other, or the spouses just may not get along anymore. Another leading cause of divorce is abuse.

Though spousal abuse is often thought of as the only type of abuse that leads to divorce, this is not the case. In fact, when a couple has children, they may become the targets of aggression. Child abuse is a serious offense and is punishable by law.

When one spouse is abusing the married couple's children, the other spouse may not know about it. Though the other spouse may have suspicions about child abuse, he or she may not be able to get the children to admit to any abuse, as children are often threatened by their abuser.

When your children are being abused, there are usually some telltale signs that indicate some sort of foul play. If you think your spouse is abusing your children, look out for the following signs:

Your children are unexpectedly doing worse in school

  • Your children experience a sudden, inexplicable change in behavior



  • Your children seem distant or unemotional



  • Your children have signs of physical abuse, such as bruises

Any of these signs may indicate abuse. If you suspect abuse and have witnessed some of these signs in your children, you may want to confront your spouse or call the police. If your children are in danger, you are responsible for ending that danger.

When spouses do find out that their significant other is abusing the children, it often becomes a point of contention and for good reason. The offending spouse may face criminal charges, and the innocent spouse may want to file for divorce to ensure the safety of his or her children.

If you do decide to press charges against your spouse and file for divorce, it is important to hire an experienced divorce attorney to handle your case. Though you will likely receive custody of your children, there may be other matters to settle before the divorce is granted.

If your spouse abused your children and you now want to file for a divorce, let the Austin divorce attorneys of Slater Kennon & Jameson, LLP handle the legal aspects of your case while you tend to your personal matters




James Witherspoon

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Monday, December 13, 2010

What You Need to Know About Your Child Abuse Case

Child abuse can be a very complicated issue no matter who is involved in it. Understanding a case such as this can be hard to do unless you are well informed in all the procedures that will take place once the arrest has been made. If you are arrested for a charge such as this, there are many things that will take place after the arrest has been made that you need to be well informed about.

The first thing that you should understand is the legal definition of child abuse In Texas, child abuse is defined as the physical, psychological, or sexual mistreatment of any child no matter what the circumstances are. If you are involved in a child abuse case, you need to know what type of child abuse charges that they are giving you. There are three different types of child abuse as stated before. Physical abuse is usually defined as the abuse to a child which involves neglect and beating or hitting the child in any way. Some people believe that if there isn't a bruise then it wasn't child abuse but that is not the case. Physical abuse can also include hurting a child through the use of fire, ice, chemicals, or any physical object that is used to cause harm to the child in question.

The next type of child abuse is psychological abuse which happens to be the most common type of abuse for children. This type of abuse is defined as any type of behavior that will cause psychological or emotional harm to the child that is involved. Psychological abuse can include yelling, demeaning, name calling, and verbal humiliation of a child which causes emotional stress and harm to that child This is one of the hardest types of abuse to prove because you never see any physical scars on the child that is being abused.

The last type of abuse is sexual abuse to a child Sexual abuse is defined as any sexual act that is forced upon or done to a child by an adult or person in their upper teenage years. This type of abuse can include anything from exposure of adult genitals to a child to forcing a child to be involved in any type of sexual activity. Usually this type of abuse comes with larger penalties because of the severity that usually comes with these types of situations.

With all three types of abuse you need to be aware of what the penalties are for each case. You should also speak with your lawyer about the details of your case to make sure that everyone is well informed and can handle everything as quickly as possible.




If you or someone you know needs help in a criminal case such as this, contact Attorneys and Lawyers for You to find a criminal attorney near you at http://www.attorneysandlawyers4you.com
Joseph Devine

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Saturday, December 11, 2010

LEAH WARD SEARS FOR SUPREME.WMV

Jesus has brought you, Leah Ward Sears all the way and He has "Greater works For You, today Justice Leah Ward Sears. He is such a wonderful saviour and we have never known Him to Fail... Bless You, Haskell and your family from Griffin, Georgia. Let's send some praise out my face book family of Ward's, Felker's, Culver's, Sand's, Felker's, Cater's, Henry's, Jone's ( most of the families last names) and our great church families. marywardcater@aol.com face book and twitter marywardcater@gmail.com face book Bless You and Your accomplishments!!! ****** Leah Ward Sears is the former Chief Justice of the Georgia Supreme Court. She served on the court since 1992 when she was first appointed by then-governor Zell Miller, a Democrat. Sears became the court's chief justice in June 2005. She retired from the court in June 2009. [1] After Sears' final day on the court, Carol Hunstein was elevated to serve as chief justice. In August of 2009, Sears will begin a one-year fellowship with the William Thomas Sears Distinguished Fellow in Family Law for the Institute for American Values. The fellowship is named for her brother who died in 2007 after returning from service in the Middle East. Sears will teach a seminar, "Contemporary Issues in Family Law," at the University of Georgia Law School while on her fellowship. In October of 2009, Sears will begin working in the Atlanta offices of legal firm Schiff Hardin. [2] Justice Sears has been mentioned as a possible Barack Obama nominee to ...



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Sunday, November 21, 2010

Los Angeles Divorce: Los Angeles Child Custody Mediation

When parents separate or divorce in Los Angeles California and child custody is contested, the parties can attend child custody mediation in Los Angeles County to sort out their disagreements regarding child custody and visitation. Child custody mediation in Los Angeles County is a form of alternative dispute resolution that may be scheduled by appointment with the Los Angeles County Family Court Services mediation or Conciliation Courts.

In a contested child custody matter in Los Angeles, child custody mediation is required before the parties can have a litigated hearing in the Los Angeles family court. In other words, the parties must first attempt to sort out their child custody and visitation disagreements through child custody mediation in Los Angeles before a Los Angeles Superior Court judge or commissioner will hear the child custody dispute in a litigated hearing.

Typically in child custody mediation, both parents are asked to complete a child custody mediation information intake form. The intake form can help the Los Angeles mediator learn more about the child custody and visitation issues being disputed before meeting with the parents. The mediator may meet with the parents together or individually and will typically facilitate the discussion in attempts to help the parents resolve their disputes. In child custody mediation, the parties may resolve all, some, or none of the child custody issues being disputed.

In Los Angeles County mediation is confidential, which means the mediator will not report to the court what was discussed in mediation. Mediators may report to the court a signed mutual agreement which has been mutually accepted by both parties. Mediators may recommend a child custody evaluation or investigation or that an attorney be appointed to represent the child. Los Angeles County mediators are mandated reporters of child abuse, which means they are required to report suspicion of child abuse to Child Protective Services or CPS.

California Family Code section 3170-3173 describes the availability of child custody mediation and addresses child custody and visitation disputes involving modifications, domestic violence, adoptions, paternity, and stepparent and grandparent petitions. California Family Code section 3160-3165 describes the general provisions of child custody mediation and its purpose. However, since the specific details of child custody mediation and mediators may differ from county to county in California and can change over time, you may want to inquire with the Los Angeles Superior courthouse for more information. Further, you would be wise to consult a Los Angeles family law attorney, Los Angeles divorce attorney, or Los Angeles divorce lawyer to help you learn more about the local processes and local rules for child custody mediation and learn if child custody mediation is the right approach for your Los Angeles child custody situation.

© 2007 Child Custody Coach




Child Custody Coach supplies information, online materials, and coaching services to parents in the field of child custody, namely, divorce, child custody and visitation, child custody evaluations, 730 evaluations, parenting, and all issues related to child custody and divorce. How to Win Child Custody - Proven Strategies that can Win You Custody and Save You Thousands in Attorney Cost!" is a unique child custody strategy guide written by The Custody Coach and made available by Child Custody Coach in an easy to read, understand, and apply E-Book format. Custody Match is an online consumer and family law attorney matching service to help you in your search for the right attorney for your divorce or child custody case. Custody Match can help you find the right family law attorney, divorce lawyer, or child custody attorney in your area.

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Sunday, October 17, 2010

Florida's New Best Interest of the Child Factors

Florida's "best interest" of children factors will change on October 1, 2008. Notice the clear emphasis on demonstrating parenting behaviors and a history of meeting the child's needs. Keeping children away from the divorce case is another area that is now clearly spelled out in the law. Here are the new factors:

(a) The demonstrated capacity & disposition of each parent to facilitate and encourage a close & continuing parent-child relationship, to honor the timesharing schedule, and to be reasonable when changes are required.

(b) The anticipated division of parental responsibilities after the litigation, including the extent to which parental responsibilities will be delegated to third parties.

(c) The demonstrated capacity & disposition of each parent to determine, consider & act upon the needs of the child as opposed to the needs or desires of the parent.

(d) The length of time the child has lived in a stable, satisfactory environment and the desirability of maintaining continuity.

(e) The geographic viability of the parenting plan, with special attention paid to the needs of school-age children and the amount of time to be spent traveling to effectuate the parenting plan. This factor does not create a presumption for or against relocation of either parent with a child The permanence, as a family unit, of the existing or proposed custodial home.

(f) The moral fitness of the parents.

(g) The mental and physical health of the parents.

(h) The home, school, and community record of the child.

(i) The reasonable preference of the child, if the child is of sufficient age

(j) The demonstrated knowledge, capacity, & disposition of each parent to be informed of the circumstances of the minor child, including, but not limited to, the child's friends, teachers, medical care providers, daily activities, and favorite things.

(k) The demonstrated capacity & disposition of each parent to provide a consistent routine for the child, such as discipline, and daily schedules for homework, meals, and bedtime.

(l) The demonstrated capacity of each parent to communicate with and keep the other parent informed of issues and activities regarding the minor child, and the willingness of each parent to adopt a unified front on all major issues when dealing with the child.

(m) Evidence of domestic violence, sexual violence, child abuse, child abandonment, or child neglect, regardless of whether a prior or pending action relating to those issues has been brought.

(n) Evidence that either parent has knowingly provided false information to the court regarding any prior or pending action regarding domestic violence, sexual violence, child abuse, child abandonment, or child neglect.

(o) The particular parenting tasks customarily performed by each parent and the division of parental responsibilities before the institution of litigation and during the pending litigation, including the extent to which parenting responsibilities were undertaken by third parties.

(p) The demonstrated capacity & disposition of each parent to participate and be involved in the child's school and extracurricular activities.

(q) The demonstrated capacity & disposition of each parent to maintain an environment for the child which is free from substance abuse.

(r) The capacity & disposition of each parent to protect the child from the ongoing litigation as demonstrated by not discussing the litigation with the child, not sharing documents or electronic media related to the litigation with the child, and refraining from disparaging comments about the other parent to the child.

(s) The developmental stages & needs of the child and the demonstrated capacity and disposition of each parent to meet the child's developmental needs.

(t) Any other factor that is relevant to the determination of a specific issue

These are the factors a judge will use when determining all child-related issues starting October 1, 2008. Remember, when the law changes there will no longer be a "primary residential parent" and parenting plans will be required.

Much more than a visitation schedule, parenting plans must be comprehensive and cover not only time sharing, but decision-making and child support.




DIY Divorce has been exploring the new parenting plan requirements on the blog at http://www.diydivorcefl.com All the changes are already incorporated into our free Tele-Test Drive Basic Florida Divorce class. Visit the website to sign up for one now.

Pamela S. Wynn has practiced family law in Florida for more than 23 years.

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Thursday, October 14, 2010

Father Child Custody - Still Possible Even After False Allegations

It is hard enough to deal with the fact that you have to fight to be able to have "the right" to be with your child every day. It is a well known fact that fathers fighting for custody are rarely awarded custody of their children when there are issues. Although, this has been true in the past, times seem to be changing and fathers are seeing that family courts are taking into consideration which parent can actually provide a safe and secure environment for the children. That being said, fathers fighting for custody still have a lot of work to do to prove that their children would be better off with them rather than their mother.

Factor in false allegations of child sexual abuse, then this uphill battle of father custody seems almost impossible to win. Unfortunately, these cases actually are almost impossible because of the lack of an experienced attorney. Usually, a local attorney will have a lot of experience in divorce custody matters, but will have little or no experience in child sexual abuse. The problem is that there simply are not enough attorneys out there that are experienced in both matters. If you do find one that is experienced in both, then you will find that they are very expensive for the fact that they must travel all over. This leaves fathers fighting for custody in an almost impossible situation. What else can fathers do but to hire the local attorney and hope for the best?

Normally, fathers fighting for custody must prove he is a fit and caring parent, and he must prove the mother is unfit. Add in the fact that he has to defend himself against false child sexual abuse; father child custody is simply not an option. The courts must have a good enough reason to uplift the children from their home.

Although it seems that there is no way possible for father child custody when the father is accused of child sexual abuse, it can be done. However, the father must have a precise case with a planned out strategy.

Your attorney will have a specific strategy with questions and suggestions for you to follow to help you in your father custody trial.

A good attorney will:

Recognize a father's emotional state - This is the most important step and one most attorneys will overlook. Fathers fighting for custody are going through a lot of stress at this point in their, and it is to the best interest of the father for the attorney to determine any emotional problems and learn how to deal with them before the courts are introduced to him.

Face Adverse Issues Upfront - It is important that any allegations that could possibly be thrown out in court be dealt with and admitted to upfront.

The father's image - Fathers fighting for custody must convey an image that the courts feel is acceptable and secure for children. Take a parenting class, become a part of your child's sports events or hobby or attend church.

When criminal charges of child sexual abuse surface, it is important that you never accept a plea. If your attorney recommends you take a plea, than it is time to replace him. Accepting a plea in a father custody case is no better than accepting guilt. If you are not guilty, do not take a plea stating that you are guilty. With the proper attorney, you will be freed of these charges.

There is a possibility that you can take your children home with you, even after allegations of child sexual abuse are made. With the right attorney, a lot of research and the desire to do whatever it takes to wake up each morning to see those bright smiles, there truly is a possibility of being awarded father child custody.




Michael Waddington is an expert court martial attorney and criminal military defense lawyer defending military personnel worldwide. He defends all levels of court martial cases.. He is a partner in the Augusta, Georgia, law firm of Gonzalez & Waddington. His worldwide practice focuses on military criminal court martial cases. http://www.ucmjdefense.com

He has successfully defended numerous high profile military court martial cases arising from the War on Terror and has been reported on and quoted by hundreds of major media sources worldwide. Mr. Waddington has provided consultation services to 60 Minutes, ABC Nightline, the BBC, German Public Television and other major news outlets. He has successfully defended court martial cases in the USA, Europe, the Middle East (Iraq, Kuwait), Central Asia (Afghanistan), and the Pacific (Korea, Japan).

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Sunday, September 26, 2010

Child Custody in a Divorce in Florida

If children are involved in your divorce in Florida you are probably concerned about child custody and visitation. The State of Florida has one overriding factor in child custody issues: What are the best interests of the children? This should also be the main concern of the parents. Divorce in Florida can be a traumatic experience for children and every effort should be made to reduce the emotional effect on them. You may be getting a divorce from your spouse but you will always be a parent.

In 2008 Florida divorce laws were changed drastically regarding child custody. The terms custody, visitation, primary residential parent and secondary residential parent were replaced by shared parental responsibility, time sharing and parenting plans. The courts were overwhelmed by parents fighting to be designated the primary residential parent. Florida divorce laws now encourage equal responsibility for all decisions that need to be made in a child's life.

In a divorce in Florida the parents will typically be granted shared custody of the child and equal rights in making joint decisions regarding the child's welfare. If there is major disagreement on some aspect such as education, religion or medical needs of the child the court may designate one parent primary control over that aspect.

In rare cases sole custody may be granted to one parent. This is usually based on child abuse, family violence or continuous conflict between the parents. Sole custody will only be granted by the courts where it can be proven that shared custody would be detrimental to the child.

In the final decree of a divorce in Florida there must be a parenting plan that explains the shared parental responsibility and time sharing schedule. Typically, these are agreed on by the parents or through mediation and compromise. If the parents cannot agree a trial will be held and the judge will make a decision based on Florida divorce laws. This may also involve a child custody evaluation by a third party such as a family counselor or psycologist. In theory the father and mother have the same divorce rights regarding parenting and time sharing but in practice the mother is typically given special consideration as the guiding force in the children's lives. Children over the age of 12 may be asked their preference regarding time sharing. Once the court has evaluated all of the evidence it will provide a parenting plan with details of the arrangement.

There are over 20 factors the Florida divorce laws consider in child custody. For more information on your divorce rights in child custody see the Uniform Child Custody Jurisdiction and Enforcement Act. Just remember that the State of Florida will be considering the best interests of the children and you should be doing the same. It is very important that the children are subjected to as little stress as possible in a divorce in Florida.




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Friday, September 17, 2010

The Causes and Effects of Domestic Violence on Women

There are increasing cases of domestic violence in the United States today and in many cases a Chattanooga lawyer is confronted with the question whether domestic violence is a crime which can be punishable or not. Chattanooga lawyers may help the victim of such incidences through legal proceedings and litigation if need be. However, this is a serious problem in not just in the United States of America but in the whole world. Each and every day can become fearful for women who are made victims of violence.

Violence against women and children is a serious matter and it can include verbal abuse, mental abuse, physical abuse, spiritual abuse, financial abuse and sexual assault. In many cases violence has lead to death or serious physical injuries. Most of the victims try to hide this problem from the society and even try to solve this problem themselves and it becomes too late. The abuse comes in different forms and is used to create an environment of fear for women and children as well. No matter where a person lives, the most common victim of abuses and domestic violence is women and the one responsible for such acts of the men of the house.

The causes of domestic violence are numerous and varied. It may start if men feel the need to dominate and control the women. There are times when women hold a better qualification than men and once men start feeling inferior they start dominating over the partner. Some men have the belief that they are more superior to women and they have rights to control their partners. Other causes may include alcohol and drug abuse, low self esteem, jealousy and other strong emotions.

There are numerous effects of violence on women and children. It can affect them physically, socially and psychologically. These victims often feel isolated from families and friends and most of the time lose their social support. Victims who have been abused since ages start living in fear even in their own homes where they are always supposed to feel safe. If the couple have children, then child abuse is also common in the same family. Studies have found that more than fifty percent of men who assault their wives also assault their children. More than five million children around the world witness their mothers being abused every year. In most cases, domestic violence results in injuries and neglect of children. The couples who are involved in violence almost everyday have greater chances of committing suicide. It has also been found out that the victims of such acts attempt suicide as the only way to get rid of the problem.

Domestic violence occurs in all cultures and religions. Anyone can become victim of such acts regardless of age and race. It is extremely important for women who are dealing with these kinds of situations to seek professional help as this can have detrimental effects on them as well as their children. Women are advised to share their stories so they can be helped.




Connor Sullivan has contacted a Chattanooga lawyer for information in order to write an article on the topic. He hired several Chattanooga lawyers for an upcoming trial.

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Tuesday, September 14, 2010

Should You Fight Your Child Custody Battle on Your Own Or Should You Hire a Lawyer?

If your ex is threatening to take your children from you, you are probably trying to decide whether or not you should fight your child custody battle on your own or if you should hire a lawyer. Here are a few tips for you that will help you decide whether you can successfully negotiate a child custody arrangement yourself and when it is time to find legal representation.

1. Will your ex try to get full custody of your children? If your ex is fairly reasonable and will work out custody arrangements that suit you both, then hiring a lawyer might not be necessary. But if you have a gut feeling that your ex will try to take your children from you and not give you any visitation, or that the negotiation will take a turn for the worst, a lawyer might be the way to go to ensure that you keep your parental rights.

2. Will your ex hire a lawyer to fight for custody of your children? If your ex has already hired a lawyer, it might be a good idea for you to hire one as well, if you want to keep your children. You do not want to be at a disadvantage when it comes to the courts, and a lawyer can help make sure all of your ducks are in a row when it comes to the custody hearing.

3. Can you do all of the proper research about making custody arrangements all on your own? If you feel confident that you can research everything you will need to know about child custody court hearings all on your own, then you might be able represent yourself in court. You can also check around your city for lawyers that offer child custody consultations and get some good tips and information about how what you will need to do at a child custody hearing so that you can research it yourself.




If you really want to negotiate a child custody arrangement without a lawyer, click here for something that will help.

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Wednesday, September 8, 2010

Change in Child Custody Laws - Time-Sharing in Florida

The Florida legislature recently enacted laws that abolished the concept of "primary" and "secondary" child custody as well as "visitation." The court system was overwhelmed with parents who were fighting not only about at whose home the minor would spend most of his time, but also over who should have the title of primary custodian. Many believed that, if they were deemed the "secondary" custodian, then they were also a second-class parent. Further, many parties resented that they had to "visit" the child rather than live with or spend time with their kin. In an effort to help parents avoid fighting over semantics, the Florida legislature adopted the concept of "time-sharing" to replace the old regime of awarding custody to one parent or the other.

The Florida Legislature also modified and expanded the factors that courts must consider when making a determination on the issue of time-sharing. The overriding concern remains the best interests of the child. There are now twenty factors for consideration, some of which are highlighted below:

· The ability of each parent to have a close relationship with his or her son or daughter;

· The ability of each parent to work with each other;

· The ability of each party to put the needs of the child before his or her own needs;

· How parental responsibilities will likely be divided when the divorce is finalized;

· Whether either either side will require some sort of day care during his or her time-sharing schedule;

· How long the minor has lived in a stable home;

· Whether the soon to be ex-spouses live near each other and the youth's school;

· How well the youngster is doing in school;

· How well informed each spouse is of scholastic and extracurricular activities;

· Whether each party is involved in the minor's school or extracurricular activities;

· The ability of each side to provide a routine for the child;

· Whether each parent is morally fit;

· The physical and mental health of the parties;

· The preference of the minor;

· Whether there has been any domestic violence or other abuse or neglect;

· Whether either side has falsely accused the other of abuse;

· The responsibilities of each spouse toward the son or daughter before the petition for divorce was filed;

· Whether either side has exposed the youth to alcohol or drug abuse;

· Whether each party has shielded the son or daughter from the divorce litigation;

· The ability of each parent to meet the child's current and future developmental needs; and

· Anything else that the court believes is relevant.

To review the full text of the new legislation, see section 61.13(3) of the Florida Statutes.

Courts may give each factor different weight based on the circumstances of a particular case. If you have questions concerning how the factors might apply to your case, be sure to consult an attorney experienced in family law.




Richard J. Mockler and Adam B. Cordover are family law attorneys at Richard J. Mockler, P.A., located in Tampa, Florida. For a free consultation or more information on time-sharing or other family law matters, please visit our website at http://www.FamilyLawRights.com

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Wednesday, September 1, 2010

Rhode Island Child Support Law FAQS - Daycare, Overtime, Modification, College, Termination

1) What if my child's parent works overtime? Will overtime be included in child support?

There is no standard law or rule in Rhode Island regarding whether or not the non-possessory parent's overtime will be used to calculate child support. One Judge in Rhode Island consistently rules that overtime compensation cannot be used to calculate child support.

Other Judges in Rhode Island have different opinions regarding overtime. The Family Court is a court of equity and fairness. Judges in Rhode Island will typically look at whether or not a person consistently works overtime over a substantial period of time. Judges may also look at whether or not overtime is consistently offered to a spouse. If overtime is infrequent or not typically offered Judges may be hesitant to calculate overtime as a factor of child support. In that case, many attorneys argue that a person's income should be calculated using their W2 or gross income for the entire calendar year. By calculating gross income over an entire calendar year even infrequent overtime becomes an element of child support.

Judges may also look at other factors such as the needs and expenses of both parties and any extraordinary expenses for the child. At least one Judge has suggested that the possessory parent get a percentage of the overtime that is worked by the non-possessory parent. Other Judges in Rhode Island believe that overtime should always be a factor in child support. Often the issue of overtime is negotiated by the lawyers prior to any formal ruling by the Judge.

2) My child is about to turn 18 but is still in high school and living at home, can I still get child support?

Under Rhode Island Law, child support should end when a child turns 18 and graduates high school. If the child is still in high school, then child support will continue until the child turns 19.

Child support in Rhode Island automatically continues even after the child turns 18 unless a Motion to terminate child support is filed. If you are a non-possessory parent, your best option is to contact a lawyer to file a Motion to Terminate Child Support approximately 40 days prior to your child turning 18 and graduating high school. This will mean that the motion will be heard on a court date soon after the child turns 18. Please note that the non-possessory parent can still be found in contempt for failure to pay child support even after the child turns 18 if there is no motion granted to terminate the child support. If a child is seriously disabled, child support shall continue until the child turns 21 years old.

3) Can I get my child's father to be ordered to pay for my child's college education?

In Rhode Island the Court has no jurisdiction to order a parent to pay for the college education of his/her child. However, if pursuant to a Property Settlement Agreement or other contract, one party agrees to pay for a child's education, then that agreement may be enforced by a court of law. Therefore, if you seek to have your child's parent pay for your child's college education, then you must negotiate payment of college expenses as part of a global settlement of the divorce or custody agreement or other similar agreement.

4) Who is going to pay for my child's daycare?

The Rhode Island minimum child support guidelines take into account both the importance and expense of daycare. The child support guidelines and worksheet are used to determine the proper amount of child support to be paid by the non-possessory parent. The bottom line is that a party will be ordered to pay approximately the same percentage of the daycare that the party makes in relation to that party's percentage of the combined gross income of both parties.

For example: If the husband makes $100,000.00 and the wife makes $50,000.00 the combined gross income for the parties is $150,000.00. Therefore, the husband makes 66 percent of the income and will be ordered to pay 66 percent of the daycare in addition to child support. (There may be an adjustment to take into account the federal tax credit.) This amount is added onto the minimum Child Support Guidelines amount.

5) How do I modify, increase or terminate child support in Rhode Island?

In Rhode Island child support can only be modified if there is a substantial change of circumstances. In order to get a substantial change of circumstances, the child support amount must be 10 percent more or less than the old child support order. The change in circumstances could result from loss of a job, increase of income of either party, new dependents, loss of overtime, unemployment, a disability, etc.




David Slepkow is a Rhode Island attorney / lawyer concentrating in divorce, family law, personal injury, automobile accidents, child support, child custody and visitation. He is a partner at Slepkow Slepkow & Associates, Inc in East Providence RI. He is a member of the RI Bar, MA Bar and the Federal Bar for the First Circuit District of Rhode Island. David Slepkow has been practicing for ten years and is a member of the Rhode Island Family Court Inns Of Court. Please go to Official website of East Providence, Rhode Island (RI) Attorneys, Slepkow Slepkow & Associates, Inc to contact David Slepkow. Please call Rhode Island divorce Attorney, David Slepkow at 401-437-1100 with any questions! The first consult is always free!

Also visit: East Providence, Rhode Island (RI) Divorce Law Attorney / lawyer and RI Family & Child Support Law information or visit Rhode Island Child Support law information

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Tuesday, August 31, 2010

CPS Was Wrong To Remove The Children

Custody hearings are on hold after today's ruling that Texas had no right to seize children from a polygamist group's ranch. The Third Court of Appeals says the grounds for last month's removal of more than 400 children were ``legally and factually insufficient.'' An attorney representing some of the children says the judge in San Angelo has ten days to vacate her custody order. Texas can appeal. Governor Rick Perry's office says it's an ongoing legal matter, and Texas lawyers will review the appropriate next steps to ensure the safety and welfare of the children. It wasn't immediately clear whether the children now in foster care might soon rejoin their parents. CPS removed the children from the ranch near Eldorado over allegations of abuse, which members deny. Spokesman Rod Parker says the sect members feel validated -- claiming they're being persecuted for their beliefs.



http://www.youtube.com/watch?v=sC0F9iVAdQw&hl=en

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Wednesday, August 11, 2010

Going Through Divorce Without a Lawyer Not a Good Idea

Going through divorce without a lawyer is probably one of the worst things that you could do. Without a lawyer you will simply not get a fair share. Judges do not want to deal with people, and they want to talk to lawyers. If your ex does not have a lawyer then you may be okay but if they do, you are definitely going to want to make sure that you get the best divorce lawyer.

If you need a divorce attorney to handle your case, remember that they are going to be able to help you deal with all the legal issues surrounding your divorce, issues that you would probably miss if you just tried to take on the case yourself. A divorce lawyer will be particularly important if you and your spouse have been married for several years and share property, savings, or other larger financial issues.

Finding a Lawyer

Now that you understand why you should not go through divorce without a lawyer, you will need to go through the process of actually finding a lawyer, and there are a few important factors to take into consideration here.

There are tons of divorce lawyers located all around the globe, but you will generally want to find one in your local area because you are going to need to be traveling back and forth from them, for meetings and to talk with them. Therefore you do not want it to be a huge inconvenience to you, as it would be if you had to drive for extended periods of time just to get to them.

As you can see, it is very important not to go through divorce without a lawyer. You may not be able to patch things up with your spouse, but to ensure that things are going to be fair, then you never want to go through divorce without an attorney. If you do decide to go through your divorce without an attorney, just make sure that you are educated and understand what you are getting into.

You are really going to need to be prepared going into this, and never want to head into court without a clue as to what you are doing.

Divorce can definitely be a tricky issue to deal with, but perhaps the most difficult of all is going through court and finding a way to untangle all the financial and sentimental items




Going through divorce without a lawyer [http://www.lawyers.jsgenterprises.com/3.2.divorce-lawyer-divorce-without-a-lawyer.html] is probably one of the worst things that you could do. Without a lawyer you will simply not get a fair share. Judges do not want to deal with people, and they want to talk to lawyers...View more articles at [http://www.lawyers.jsgenterprises.com]

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Wednesday, August 4, 2010

US Court and CPS Corruption Equal Economy Recovery Stimulus Agency Fraud

www.youtube.com HireLyrics US Citizens Public Docket Calls For Philadelphia DHS Lawyers Federal Indictments www.blogtalkradio.com www.HireLyrics.org http Contact Roxanne Grinage 229-395-0039 DignityForTheHumanSpirit@HireLyric.org Philadelphia Families Slaughtered in US Pennsylvania Eastern District's Child Slaughter US Economy Fraud Court Reform State of Emergency Hope For Federal Indictments file USDC Pro Se Official Corruption Fraud Civil Rights Complaints, USDA Third Circuit Appeals, Report Malpractice Attorneys CPAs to IRS Office of Professional Responsibility and Recovery Act Social Security Administration Whistleblower Hotlines. HireLyrics Channel on YouTube. www.youtube.com HireLyrics Sponsors Mothers Day Civil Rights Rally Families Fight Back DHS Demonic Horror Stories HireLyrics Channel on YouTube www.youtube.com Docket Never Lies! USDOJ Obama GAO get US Citizens Public Docket Due Diligence Data USDC Pennsylvania Eastern District Child Slaughter Court Reform State of Emergency Fern Brown Caplan, Esquire, Judge Robert J. Matthews, Timothy E. Possenti, Esquire, PC, City of Philadelphia DHS Commissioner Anne Marie Ambrose, Erick L. Brown, Saundra O. Sullivan, DHS Foster Parent Diane Kearney Lenwood Kearney, joined on June 17 and 24, 2010 by Marvin L. Williams, Esquire, CPA PACSES and Domestic Relations Judge Holly J. Ford Lying in Official Court Documents, Conspiracy to Cover Up Fraud, Child Abuse, Personal Injuries, IRS SSI SSA Recovery Act Fraud. HireLyrics ...



http://www.youtube.com/watch?v=VcTbrsKPwLE&hl=en

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Monday, July 12, 2010

Dr. Lorandos provides some insight into what to do if you are convicted

www.falsely-accused.net Dr. Lorandos provides some insight into what to do if you are convicted If you have just been convicted, is there any hope? Thats whats called post-conviction remedies. Historically, a person falsely accused of a crime is represented by a trial attorney in the trial, and if convicted the same attorney also conducts the sentencing hearing. At http we explain that once the defendant is sentenced, however, another attorney specializing in appeals attempts to correct any injustices that may have been committed during the trial by the lawyers, the judge, or the jury. This is done in a court of appeals. While this practice of using the same attorney in the sentencing hearing and in the trial and a different attorney in the court of appeals is the standard practice, this kind of representation fails to provide the defendant with a full range of resources for post-trial remedies. At www.falsely-accused.net we explain that even excellent trial attorneys are not experts in all the legal issues that qualify for an appeal, but even excellent appellate attorneys are not experts in highly specialized cases such as child abuse cases. Heres one example: During a trial, a prosecution may call a medical doctor to the stand to testify that an arathema was found on the alleged victims hymen and that this is proof of sexual abuse. While an experience defense trial attorney knows that these statements are bogus and must be provided by scientific studies and medical ...



http://www.youtube.com/watch?v=G-c9W5vv9Qc&hl=en

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