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The Dos and Don’ts of Child Visitation Violations

The Dos and Don’ts of Child Visitation Violations

One of the most challenging aspects of divorce can be settling the details of co-parenting with your ex-spouse. Divorce usually has a serious impact on children when their parents cannot get along or manage visitation rights, and understanding how to proceed when those rights are violated might mean all the difference when it comes to your children’s emotional well-being.

Do Get a Lawyer 

Having legal counsel during your divorce can be helpful, especially when there are visitation rules to manage. When you first discuss them in court or arbitration, having a lawyer present may help you feel more confident and give you a better understanding of who to turn to if your ex should break any rules that have been laid out by the court. If any rights are violated after the divorce is final, you can contact your lawyer for advice about how to get your ex-partner to obey the visitation decree.

Do Not Withhold Visitation 

When your ex brings the kids back hours after the appointed drop-off time or is late picking them up, your first instinct may be to withhold visitation from him or her in retaliation. However, this tactic usually does more harm than good, especially for your children, who may not understand why they are suddenly being cut off from their other parent. Instead, speak to your ex and offer a gentle reminder about the rules he or she agreed to and if that fails, return to the court and ask the judge to alter the decree if it is not obeyed.

Do Motion for Contempt of Court 

If the details and regulations of visitation are laid out in your final divorce decree and your ex-spouse breaks them, you do have the option to file a motion for contempt of court. You can ask your attorney to file this motion after you explain your situation. For example, if visitation details decree that your ex cannot take your kids across state lines and he takes them out of town to visit family without your knowledge, this could allow you to file the motion.

Do Not Take Matters Into Your Own Hands 

Dealing with a non-compliant ex can be frustrating, especially where your kids are involved. However, it may not be wise to try and handle the situation by demonizing your ex-partner in front of your kids or changing the visitation rules on your own, Going through legal channels can be much more effective and allow you to act maturely and calmly, even if your ex is not.

Handling a child visitation schedule can be difficult, especially when you feel your ex-spouse is violating the decree terms, but knowing how to proceed can help you stay calm and focused on your children’s needs. Go online to find legal assistance, like a family lawyer in Collin County, TX, and schedule an appointment today.

 

Thank you to the experts at Scroggins Law Group, PLLC for their insight into family law. 

 

How to Make an Estate Plan When You’re Elderly

Head Injury Lawyer

There are many reasons someone may put off estate planning until they are elderly. They may believe that it is not important or even that they have nothing they could give their surviving relatives and friends. However, even if you have not accumulated a great deal of wealth in your life you likely still have important heirlooms you could give to loved ones. It is also important to write in bigger ticket items like any property you may own. Creating a will can even get other affairs into order. If you are interested in estate planning and would like to speak with trusted estate planning lawyers about your estate, please contact a law office now. 

What are the important things to keep in mind while planning my estate?

There are certain things you should remember as you plan your estate. 

  • Creating Durable Powers of Attorney. This is not a comfortable thing to think about but it is very important. You can create a living will or durable powers of attorney in case something happens to you, whether you are physically or mentally incapacitated in some way. If you are no longer able to handle daily decisions (like your finances or healthcare), you should consider durable powers of attorney. When it comes to personal matters like your health, you want the government to stay out of it. When you create a living will, you can use this to detail the exact kind of care you wish to receive at the end of your life. 
  • Creating a Simple Will. A will does not need many frills or fancy items on it. Whether you have expensive property or a few items you want to go to specific people, creating a simple will can ensure your items go where they need to. Additionally, any children you have under 18 may not go to someone you trust if you do not detail their guardians in your will. 
  • Creating a Living Trust. On the other hand, you may choose to create a living trust. This is a great option if you do not want your items to go through the probate process after you pass away. Not only is this time-consuming for the people you are gifting items to but it can even be costly. At any point, you can revoke a living trust (until your passing or incapacitation) and your successor trustee would take over. 

Creating an estate plan is no simple task and doing so without a lawyer may end up costing you and your loved ones more in the long-run. If you are interested in seeing how an estate lawyer in Phoenix, AZ can help you with your estate planning needs, please give a law office a call.

 


 

Thanks to Kamper Estrada, LLP for their insight into estate planning and where to start if you’re elderly.

Common Probate Mistakes

Probate is the legal process in which a will is proved valid in court. If you were named the executor of someone’s estate, you’re responsible for finding the deceased’s assets, paying debts and taxes and transferring the assets to the intended beneficiaries. The process can seem daunting and it’s normal to feel overwhelmed. However, it’s important to plan ahead and avoid making mistakes that cost time and money.

Here are several common probate mistakes:

Procrastinating
When you’re dealing with the death of a loved one, figuring out legal processes can be especially difficult. However, that doesn’t mean you should put off probating an estate. The majority of states have specific timeframes for in which the estate administration process has to be completed. If you miss the deadline, you could cost the estate extra money in taxes and other fees. It’s okay to take some time to grieve, but don’t wait too long to begin the probate process.

Failing to Communicate with Beneficiaries
It’s not a secret that the probate process can take a while to complete. All that waiting around can make some of the beneficiaries anxious. They may wonder when they’ll receive their assets. That’s why it’s essential to maintain constant communication with the beneficiaries. Try to give them updates every week, even if nothing has changed. Keeping the beneficiaries informed can help avoid any misunderstandings down the road.

Not Recognizing Non-Probate Assets
Not all assets are required to go through the probate process. Certain assets, like jointly held property and trust assets, can be distributed immediately after the descendant’s death. Failing to recognize non-probate assets can make the probate process drag on longer.

Not Maintaining Real Estate
Maintaining any real property the descendant owned is one of your major responsibilities. Keep the utilities on, ensure the property is insured and consider changing the locks. If the property gets damaged, you could be liable for it.

Failing to Hire a Probate Lawyer
As an executor, you’re not required by law to hire a lawyer to guide you through that probate process. However, working with an experienced probate lawyer is highly suggested. The probate process can be quite complicated, and a skilled lawyer can help you avoid costly mistakes. A reputable probate lawyer will help you through the entire process and take a lot of stress off your back. Before hiring a probate lawyer, ask him or her several questions, such as how many estates he or she has probated and how long he or she will take to finish the probate process.

If you need assistance probating an estate, consult with a reputable probate lawyer, like a probate attorney in Phoneix, AZ, as soon as possible. He or she can assess the entire estate and advise you on how to proceed.

Thank you to the experts at Kamper Estrada, LLP, for their insight into probate law.

What Should Motorcyclists Do In Truck Accidents?

When you are a motorcyclist who has been in a truck accident, we know you are likely devastated. Even the fact that you could walk away from an accident like this is incredibly unlikely. However, if you have suffered from major injuries after an accident with a truck and you are not sure who to call, you should speak with the trusted truck accident attorneys to see what they can do for your needs after an accident. We know that the shock of this type of accident likely will not wear off any time soon and any injuries you have sustained could take weeks, months, or years to heal. If you would like to see what we can do for you legally, please give our office a call.

Are truckers ever hurt in these kinds of accidents?
Absolutely. Although the truck is a much larger vehicle than your motorcycle, it is certainly possible that the truck driver also sustained minor to severe injuries from the accident. That said, the bigger the truck, the less likely they are to feel the impact and the more likely you are to experience most of the force of impact. Unlike a truck, a motorcycle provides its rider with virtually no safety. You cannot expect the same airbags or walls that you would get if you were driving a car, which is why it is also up to the rider to be as vigilant as possible when it comes to riding their motorcycles. 

Is it possible to avoid these collisions?
A truck, especially a semi-truck, will likely have a hard time seeing a motorcycle rider because they are much smaller and faster. Both the truck driver and the motorcyclist are responsible for maintaining safety and following rules of the road when they are driving. That said, truck drivers and motorcyclists should be doing everything they can to ensure they drive in a safe manner.

  • Avoid Driver Fatigue. One of the number one ways truck drivers get into accidents is because they are running on low to no sleep. Motorcyclists, too, should avoid riding for longer stretches.
  • Know Your Blind Spots. Be wary about the truck’s blind spots. They are larger than a motorcyclist and a motorcyclist should make their presence known, if possible, when attempting to legally pass a truck. 
  • Follow Traffic Signs. One of the most important things any driver can do is follow traffic signs. 

What kind of injuries can a motorcyclist sustain after a truck accident?
While many people may think that a motorcyclist is lucky to walk away from a truck accident, the motorcyclist may not feel so lucky. There are many horrible injuries that can leave a rider temporarily or permanently injured, including:

  • Broken or fractured bones
  • Broken spinal cord
  • Brain injuries
  • Bruises or lacerations
  • Internal bleeding

Whatever kind of injury you are facing after a collision with a truck, you should speak with a truck accident attorney, like a truck accident lawyer in Phoenix, AZ.

Thank you to the experts at Kamper Estrada, LLP, for their insight into truck accident law.

What Do I Do if I Think My Co-Parent May Abduct My Child?

According to the charity, Child Find of America, 78 percent of familial abductions occur when non-custodial parents attempt to take children into their custody in ways that violate child custody orders or are otherwise illegal. In 82 percent of familial abductions, the abductors intend to affect child custody arrangements on a permanent basis. These realities can be truly frightening for parents who have reasons to believe that their child’s other parent may try to abduct them at some point.

It is important to understand certain warning signs which could indicate that a child’s other parent may eventually be inspired to attempt a so-called parental abduction. Abduction occurs when a child’s parent takes physical custody of the child in violation of court orders and the rights of another custodial family member. According to Child Find of America, parents are often inspired to become abductors after they have been denied visitation or are otherwise dissatisfied with a court’s custody ruling. Similarly, some become abductors when they are angry with their child’s other parent. Others become abductors when they are fleeing abuse. Assuming that your child’s other parent is not looking to flee from your abusive behavior, there are several things you can do in response to the potential threat that your child’s other parent may become inspired to abduct your child.

Prevention, Whenever Possible

If you are concerned that your child’s other parent is at risk of abducting your child, please speak with a family law attorney, like a family law attorney in Plano, TX, as soon as you possibly can. Depending on the details of your situation, you may have access to a host of legal tools designed to protect your child’s best interests. In general, you do not want to violate court orders in order to proactively protect your child. Seeking legal support will hopefully allow you to protect your child without putting you at risk of appearing to alienate your child from his or her other parent out of malice. Remaining in the court’s good graces whenever possible tends to be critically important when attempting to protect your child long-term. With that said, if you feel that your child is in immediate danger, contact an attorney and law enforcement immediately. Do not wait.

Legal Guidance Is Available

If you have concerns about parental abduction or child custody matters, please do not hesitate to schedule a consultation with an experienced family law attorney. Speaking with an attorney will not commit you to taking any action, but it will help to ensure that you receive the legal guidance and support you may need at this time. Few scenarios are more stressful than worrying about your child’s safety. Please consider connecting with an attorney in order to express your concerns and ask any questions you may have. After you have had a confidential consultation, you will be able to make healthy, informed decisions about your family’s unique situation.

Thanks to Scroggins Law Group for their insight into what you should do if you think your co-parent might abduct your child. 

How a Personal Injury Chiropractor Can Help You Become Pain-Free

If you suffer from neck pain, back pain, or headache as the result of an accident, you would be well-advised to seek relief from a chiropractor for your injury. Doctors of chiropractic care can work to help relieve your pain and correct the underlying issue, so you can enjoy life instead of being in pain. Even if you walked away from an injurious accident thinking you were not harmed, you would likely benefit from a chiropractic visit to have your musculoskeletal health evaluated.

In many circumstances, the injuries suffered during an accident do not manifest fully until later—potentially hours, days, or even weeks later. Consequently, an evaluation from an experienced and knowledgeable chiropractor may reveal spinal problems that have the potential to develop into more significant issues at a later time.

Symptoms You May Experience After an Accident

If you experience any of the following symptoms in the aftermath of an accident, you would do well to schedule a consultation with a chiropractor in your local area right away.

  • Neck pain 
  • Lower back pain
  • Tingling, burning, or numbness in the limbs
  • Pain in the extremities
  • Lost range of motion
  • Dizziness
  • Blurred vision
  • Ringing in the ears
  • Headaches or migraines
  • Trouble focusing or remembering things
  • Issues with walking or moving well

When to See a Personal Injury Chiropractor 

A personal injury can develop from numerous causes. It can come from work accidents, violent attacks or assaults, product defects, motor vehicle accidents, or many other events. If you or a loved one are experiencing pain resulting from personal injury circumstances beyond your control, it is essential that you clearly understand the personal injury process. 

This can mean acquiring medical documentation from all your medical providers, including your chiropractor. These medical records document the extent of your injuries so that you have evidence of your need for care after an accidental injury. If you were harmed in an accident and another party is responsible, a personal injury attorney can protect your rights and best interests, while a chiropractor can provide the necessary medical documentation.

How a Chiropractor Can Help After an Accident

The first, and possibly most critical, way a chiropractor can help you after an accidental injury is by giving you a thorough physical examination. A personal injury chiropractor may take x-rays, use a wide range of diagnostic tools as needed, and perform a comprehensive exam to find out the extent of your harm. Once a chiropractic professional determines the amount and severity of the damage done from the accident, he or she can design a personalized approach to help you recover fully.

Chiropractic care can help the body’s innate healing process to work faster and more efficiently. Personal injury chiropractors perform a variety of treatments to aid healing, including:

  • Chiropractic spinal manipulation
  • Lumbar disc and spinal decompression
  • Electrical muscle stimulation
  • Hot and cold therapies
  • Therapeutic massage techniques
  • Prescribed corrective and rehabilitative exercise
  • Ultrasound therapy
  • Nutritional counseling
  • Nutritional supplement
  • Postural aids

Indeed, chiropractic treatment may be the ticket to get you pain-free and functioning fully after an accident-related injury. Contact a chiropractor for physical therapy in Gaithersburg, MD today to get help.

Thanks to Pain Arthritis Relief Center for their insight into chiropractic care and personal injury recovery treatment.

What to Do if You Are in a Car Accident

There are countless websites and so much information floating around on what to do if you are involved in a car accident. We have often heard from friends and family on what they did and whether or not it worked for them. It can get confusing and some information out there may be inaccurate. An accident, no matter how minor, can be life changing. They often come at the most unexpected time and can turn your life upside down. Imagine driving down the road and suddenly getting hit by someone who failed to follow the rules of the road. Now your car is damaged and you may even be hurt. What’s next?

File a Claim

Most counties in Texas will not even send the police to the scene of an accident unless someone is injured. In fact, even when the police do arrive, they often do not write a police report. If a police report is drafted for your accident, you are in luck. Make sure you know what county the accident occured in so that you can pull up the police report. It will contain the other driver’s information including their name and insurance company. The police report will generally take 3 to 5 days to be ready, and you can get your own copy for a few dollars. The insurance company of the driver at fault will be listed. You should call them immediately and report the accident to set up a claim. 

Collect Information from the Accident 

If the police do not come out to the scene of the accident, it is vital that you gather all the necessary information on your own. Be sure to ask for the person’s name, address, insurance, and even their driver’s license. There have been cases where drivers refuse to give out information or limit the information they give out. Take a picture of the other car including the license plate, accident scene, your car, and even of the other driver. Get their phone number and be sure to get their insurance information.     

Accidents are unexpected and can cause a lot of stress. It is worse when you get hurt and have to deal with both a damaged car and injuries. Make sure you have the correct coverage in your own policy to  protect yourself from other drivers who might not have insurance. 

Most of all, call a skilled personal injury attorney, such as a motor vehicle accident attorney in Arlington, TX, right away. They can minimize the stress and help you with the other driver’s insurance company and make sure you are compensated for your damages.

Thanks to Brandy Austin Law Firm, PLLC for their insight into what to do after a car accident.

Commonly Asked Questions About Personal Injury and Car Accidents

Car Accident Lawyer

Auto accidents are unfortunately all too common. If you have been injured in an auto accident, your life might feel as if it has flipped upside down. You may feel overwhelmed and confused, so here we answer some commonly asked questions about personal injury and auto accidents to bring clarity to you and your situation.

So I’ve Been In a Car Accident. What Do I Do Next?

Here’s a checklist of things to make sure you do in the moments after being in an auto accident.

  1. Never leave the scene of the accident
  2. Call 911 and make sure to get a copy of the police report when it is filed
  3. Exchange information with the other driver(s), including their insurance information, the make and model of their car, and their license plate number
  4. Take photos of your car while at the scene
  5. Take photos of the surrounding area; any skid marks, debris, traffic signs, and crosswalks
  6. If you have been injured, take pictures of your injuries while at the scene

What Do I Do If I Was Injured By Another Driver?

First and foremost, make sure you go to a doctor! Your health always comes first, and it is imperative you get adequate medical care as soon as you can. Plus, if you decide to file a personal injury claim down the road, waiting to go to a doctor can severely hinder the legitimacy of your case.

Secondly, make sure to contact a personal injury attorney. Not only will they give you their opinion on the future of your case, they can help you determine next steps and how to move forward.

What Should I Not Do After Being In An Auto Accident?

There are two things not to do after being involved in a car accident;  making any public statements and waiting too long to contact an attorney.

You should always wait to make any formal statements, from talking to the other drivers and cops at the scene of the accident to speaking to your insurance company. It is always wise to have an attorney speak as a legal advocate for you, no matter how small the situation may be.

Additionally, depending on your state, there may be statute of limitations for when you can file a personal injury lawsuit. To ensure you get the compensation you deserve, do not wait to talk to an attorney about what happened to you.

What If One of My Loved Ones Was a Victim of Wrongful Death?

Wrongful death damages can be awarded to the spouse, parent, and/or child of the deceased person. These damages can also be available for their estate. In the situation of a wrongful death, the survivors can sue the defendant for funeral expenses, loss of income, loss of companionship, and other losses.

If you have been a victim of personal injury due to an auto accident, you deserve to have your rights protected. Contact an AZ personal injury attorney for a consultation as soon as possible to get started on filing your claim.

Thank you to Kamper Estrada, LLP for their information and input on personal injury law.

Preventing the Entry of a Divorce Decree

Personal Injury Lawyer

Divorces can be complicated enough when considering the combination of jointly owned assets, children, and emotions. Once a divorce decree is entered into record by the court, there is generally no turning back. But can one of you stop the actual entry of the divorce decree? While there can be delays determining a settlement and the arrangements for what you both want after the divorce, there is really no stopping a divorce from coming to completion if one of you wants it.

If for example your spouse began the divorce and then changes their mind part way through, they of course have the option to stop the proceedings. Then it’s up to you whether to continue or not.

Divorce Decree

The divorce decree states all the terms decided previously and is the finalization of the marriage termination, completed in a final court ruling where everything is summarized, and the rights and duties of each spouse are laid out regarding things like property division, child support and custody. Any settlements are also submitted or spoken into record at this time. Once the judge or court signs your decree, this is a legally binding order that officially ends your divorce and both you and your ex will receive a copy.

Modifications

Before the court finalizes the decree is the best time to make sure it is composed of the best decisions for both you and your spouse. For most items, modifications cannot be made, but there are some exceptions. Asset division usually cannot be changed unless the changes are requested within a reasonable amount of time or if there are extreme circumstances. Other things such as child and spousal support can be changed using the proper paperwork. These types of changes may require both of you to appear in court.

Enforcements

This type of contract is legally binding and cannot be modified or violated without punishment. If your ex violates one of the requirements, you have the right to bring the problem to the judge. If your ex continues to violate the same requirement, the judge may decide to make a modification, such as when a child is involved, to ensure the best interests of the child.

Consult a Family Lawyer

The divorce process can be long and complicated, especially if you and your spouse have a lot of disagreements. Be sure to have an experienced divorce attorney in Collin County, TX on your team so you can have peace of mind that your case is being handled in the best way possible for your future.

 


 

Thanks to Scroggins Law Group for their insight into family law and divorce decrees.

Were You Injured at a Sporting Event?

Personal Injury Lawyer

 

Going out to watch a sporting event in person is supposed to be fun; unfortunately, it sometimes results in a serious personal injury. Some public stadiums have signs that warn of the possibility of injury. A similar warning may be printed on the back of your ticket. If you are hit by a foul baseball or a wayward hockey puck and it results in an injury accompanied by medical bills, do you have legal recourse? Quite possibly. It’s important to have a personal injury attorney review the circumstances of your accident to verify if you are eligible to file a claim or lawsuit. If you or a family member sustained a serious injury while at a sporting event, it’s possible that more than one party may be held accountable for your damages. 

 

Who is liable for injuries at a public sports arena or park?

As mentioned, the circumstances of your accident will determine if you have legal recourse, and who might be responsible for paying for your damages. Usually, the defendant is a single individual or entity, but it could be one or more of the following parties:

 

  1. The venue owner or operator. For example, if you were injured at a ballpark by a foul ball behind home plate, your personal injury attorney may be able to prove that the protective netting behind home plate was inadequate to prevent injuries. Or, maybe the park’s design didn’t include safety measures which led to your injury. Perhaps the steep stairs were not designed to code, which led to your slip and fall. In these examples, the park’s owner should have made an effort to safeguard the safety of the guests.
  2. The venue’s management company. If you experienced a slip and fall accident because the facility was not cleaned or properly maintained, the company in charge might be liable. If they were responsible for hiring, training, and managing the cleaning crew and repair staff, but failed in their duty of care to visitors, they may be liable for your injury costs.
  3. The person who injured you. If the person who caused your injury did so intentionally, a judge or jury may deem them responsible for your injury costs. They may also be subject to criminal charges if a law enforcement agency determines the person assaulted you. A personal injury attorney can file a civil lawsuit even if the at-fault party was not charged with a crime.

 

If you were injured while at a sports event, you should notify the venue’s owner as soon as possible. In addition, don’t delay in seeking professional medical help. You should also consider contacting a personal injury lawyer, like a personal injury lawyer in Naperville, IL, right away. 

 

Thanks to The Law Offices of Konrad Sherinian for their insight into who is to blame when you get injured at a sporting event.