Visitation and Custody Interference Issues: Factors that Warrant a Change in Child Custody

Posted by on Jan 20, 2015 in Child Custody | 0 comments

In a child custody case the most important question is, “Who will have custody of the child?” After naming the custodial parent, the other parent will necessarily be given visitation rights, of course, unless he is seen and proven unfit by the court.

Legal experts, like those at Arenson Law Group, PC, agree that it is very important that a child has a strong relationship with both of his/her parents. Thus, courts typically award custodial rights to that parent who would very likely be able to cultivate such relationship between the child and the other (non-custodial) parent. There are other relevant factors that courts consider when deciding on the matter of custody but, regardless of what these are, these should be in line with the most important factor which is the best interest of the child. The child indeed is the most important part in such cases.

There are times, however, when the chosen custodial parent (or sometimes the parent given visitation rights) is not able to live up to the court’s expectations, failing in his/her obligations to fully recognize and respect the other parent’s rights and personhood.

The specific details through which failures are committed are numerous and varied. Generally speaking, all these are considered as visitation and custody interference issues and all call for the same thing: a modification in the original decision pronounced by the court. These interference issues include:

  • Frustration of the non-custodial parent’s visitation rights: these are instances wherein a custodial parent, for whatever reasons, eventually resorts to means that will alienate the child/children from the other parent. The most common of these means is denial of visitation rights
  • Estrangement of the child’s affections from the non-custodial parent: a child’s relationship with his/ her non-custodial parent can be severed through false accusations and/or negative comments by the custodial parent against the other. Unknown to the custodial parent, however, is that this/her ill-talks about his/her former partner also negatively affect the child’s emotional and mental health
  • Parental Alienation Syndrome (PAS): this occurs when the custodial parent consciously and systematically brainwashes the children, resulting to the children eventually disfavoring the other parent. Since most Family courts consider as vital the existence of a strong relationship between a child and his/her parents, these courts also believe that the ill behavior displayed by the custodial parent warrants a change in custody
  • Change of Residence: despite the stipulation (in the divorce decree) of the need for the noncustodial parent to be informed of any plans by the custodial parent to move to another city or state, many custodial parents ignore this requirement and even relocate to a distant location secretly. This stipulation is inserted in the divorce decree to give the noncustodial parent the chance to argue against such plans. As this move can affect the child’s relationship with the other parent, many courts believe that it establishes a significant change in circumstances which justifies a change in custody

There are also other reasons why a change in custody may be warranted, such as:

  • Material and Substantial Changes: these include the custodial parent’s remarriage, inability of the custodial parent to provide the required care due to a medical condition, commission of a criminal act, and criminal conviction.
  • Child’s Preference: children aged 12 (or those who have reached the age of 12) are usually interviewed by the judge in his/her chamber or private office. A change in custody (as well as in visitation rights) may be made if the child asks for it, but on the condition that the court is convinced that such change will be in best interest of the child.
  • Relinquishment of Custody: in some instances, a change in the court’s original decision on custody may be made by the custodial parent if he/she voluntarily gives up care and custody of the child. The change, however, will only be ruled as temporary if the reason of the custodial parent is due to military deployment or duty.
  • Unfavorable Environment: if the environment where the custodial parent lives can endanger the child’s physical health or significantly harm the child’s emotional growth, then the other parent can request the court to alter its original decision.

It is important for (custodial and non-custodial) parents to file petitions with the court for a modification of its original decision regarding child custody and visitation issues as soon as his/her circumstances change or if he/she gathers information and proof that changes need to be made for the child’s best interest. These changes cannot simply be decided on and implemented by both parents, though, since the situation they are living has been ordered by the court; thus, any change to be made will need to be approved by the court, especially changes in custody and visitation rights.

Divorcing spouses should make sure that any request for modification of decision is made correctly and that this is supported by acceptable evidences, it is important that every legal move is done with the help of a knowledgeable and experienced family law attorney.

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Major Causes of Office Injuries

Posted by on Oct 28, 2014 in Workplace Injury | 2 comments

Many people assume that office settings are very safe places and, with the mandate of the Occupational Safety and Health Administration (OSHA) to always ensure a safe and healthy working environment, offices are places where accidents and injuries never occur.

Records from the US Department of Labor’s Bureau of Labor Statistics show otherwise, though, as it registered close to 3 million workplace injuries and illnesses, including those that have occurred in industrial and construction sites, just for the year 2012.

Office injuries do occur for, despite the law that requires employers to ensure a healthy and safe working place for all their employees, there is still a big number of individuals, both from the managerial and rank and file levels, who continue to act negligently or recklessly.

Office settings may be free of hazardous substances, sharp tools and heavy equipment which one would naturally find in construction and industrial sites (which make these workplaces far more dangerous), but these places are almost always never free from obstacles which, though, most are minor, can still cause serious injuries, such as sprains, electrocution, neck, head and/or back injuries and strains (it may be significant to add in this list of injuries the new type of physical harm that so many office employees are now suffering from: repetitive strain injuries, which is damage to the muscles, tendons, ligaments and nerves due to the performance of the same action over and over again).

Repetitive strain injuries is most common among people working in assembly lines and those whose work is confined to using computer keyboards, such as computer encoders, online chatters, and so forth. There are many other causes of injuries that affect and hurt many other employees, including:

  • Trips, Slips, or Falls – this is the number one cause of office injuries in the nation and, though, it may appear to be but a minor type of accident, most of its effects are not (minor). Many incidences of trips, slips or falls have resulted to bone fractures or severe back injuries that disable a person. These accidents are, in turn, usually due to a desk drawer that’s been left open, loose electrical cords, bending while on a non-sturdy chair, reaching for a high item using a chair or a stack of boxes instead of a ladder, uneven carpeting, insufficient lighting, slipping on a wet floor, an item on the table (such as a lamp shade or a calculator) falling off and causing someone to trip, etc.
  • Overexertion and Strains – this is usually due to an incorrect way of lifting large and/or heavy objects
  • Electrical Wiring –messy heaps of computer wires or extension cords running across hallways are always sources of risk to everyone in the office; some employees, though, just never seem to care about the possible dangers these pose
  • Noise or Unwanted Sound – many of those who just love to chat would never accept that their voices or conversation with someone else is a cause of major distraction, annoyance or interference, especially to those engaged in mental activities, such as researching and writing. Noise can affect the quality of performance by increasing errors in activities wherein mental concentration is essential. Drowning unwanted noise through music from a headphone may result to unnoticed dangers, though, to the person bothered by the noise
  • Poor Indoor Ventilation, Air Quality, and Improper Lighting – ventilation, air and lighting are always major factors when making work conducive. Situating an employee in an office spot that is too cold or warm enough to make him/her perspire (while all the rest feel the opposite temperature) can result to an illness – this is nothing more than failure in placing air-conditioning systems in the right places)

Office injuries entitle an employee to file a claim with the state-implemented workers’ compensation. This benefit is specifically designed for workers who sustain job-related injuries, and is meant to cover lost wages and cost of medical treatment, among others. When availing of this benefit, it would definitely be in the best interest of the injured worker to be assisted and represented by a Minnesota workers’ compensation attorney, whose knowledge and experience in the field of Workers’ Compensation Law make him/her naturally more competent than many of his/her peers in the same profession.

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Which Breed of Dog is the Best for Your Child?

Posted by on Dec 23, 2013 in Personal Injury | 1 comment

“Hachiko: A Dog’s Tale,” was a very touching movie about a dog and his owner. Watching it would just make you deeply want to have Hachiko, or any dog like it, to be your own pet.

Hachiko is of the Akita breed – beautiful, bold, strong, and trainable. Would you be willing to get this breed of dog for your child? If you ask dog experts, many of them may probably tell you to find another breed, though, one that is more child-friendly, so to say.

Dog experts have come up with a list of the most dangerous breeds of dogs and, sad to say, the Akita breed is in this list (it is the last, however, in a list of 10). Even the St. Bernard is found in this list, due to its size, making it a dangerous playmate for a child. There are other breeds, however, that are simply dangerous, known to have attacked and caused the death of many, especially young children, pregnant women and senior citizens.

The top two most dangerous breeds of dogs in the list are pit bull terriers and rottweilers. In fact, many courts in the U.S. have identified pit bulls as “lethal weapons,” and have authorized the police to shoot and kill these if these threaten to attack or to protect individuals from being attacked. Pit bulls and their mixes account for more than 250 fatal attacks between 2005 and 2012; majority of these attacks are on children and senior citizens.

Other breeds identified as dangerous are Wolf hybrids, the German Shepherd, Huskies, Doberman Pinschers, Chow Chows, and Great Danes. Chow Chows, though extremely cuddly and cute, can be dangerous towards strangers; these are also attention-seekers and need to be encouraged daily.

On the other hand, there are also those breeds which dog experts would gladly recommend. These dogs are known for their great patience and loyalty to their caretakers. The list for the child-friendly dogs include the Golden Retriever (the first in the list), Labrador Retriever, Poodle (the standard breed, not the small ones), Irish Setter, Vizsla, Beagle and the Bull Dog.

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Cybernet Sex Crime: A Fast and Easy Way to Destroy Someone’s Life and Future

Posted by on Oct 30, 2013 in Uncategorized | 3 comments

UGotPosted is a Revenge porn website where nude photos and/or videos of former girlfriends or boyfriends are posted (after breakup) as a means of “getting even.” Whatever is uploaded usually includes the victim’s name, city of residence (sometimes even home address, phone number and place of employment, if employed).

Revenge porn is linked to social networks, like LinkedIn and Facebook, so that once these sites are accessed, the surfer or user (who may be family members, friends or potential employers) would first be directed to the UGotPosted site, instead, where the first thing they will be exposed to is the victim’s nude pictures.

The states of New Jersey and, very recently, California are the only states, thus far, where the site is declared illegal as an internet sex crime. To date, millions of individuals have already been victimized by the 747,408 identified sex offenders in the whole of the United States and, to inform and help millions of others save themselves from the malicious and demoralizing acts of these offenders, the Department of Justice has created the National Sex Offender Public Website (NSOPW), which may be accessed by anyone who wants to have the most recent information regarding the location and identity of identified sex offenders in the US. The NSOPW can be accessed by anyone in all 50 states, including Guam, Puerto Rico, the District of Columbia, and many different Indian tribes.

Caution is also being asked of teens by the FBI since teens are the most common targets of online or Internet sex offenders. These sex offenders are usually adults who first try to earn the trust and confidence of their prospects before luring and seducing them to enter into a sexual relationship.

Since the introduction of wireless networks, commission of sex crimes has been more widespread and so much faster. Like the victims in revenge porn, millions will still be victimized if the posting of sexually explicit pictures and videos will not be illegalized.

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Top Carpet Stains and How to Remove Them

Posted by on Sep 18, 2013 in Carpet Cleaning | 0 comments

Common carpet stains can be frustrating because of how difficult they are to remove. Fortunately, there are some tips to removing those tough stains and getting your carpet back to normal.

Kool Aid and other juices containing dye

Start by blotting the stain with a dry towel, never rub the stain because it will become more saturated in the carpet fibers. Next, fill a spray bottle with ¼ cup white vinegar, 1 tablespoon of dish soap, and water and spray on the affected area. Let the solution soak for about 5-10 minutes and then blot it with a dry towel until the stain is completely removed.


Blot the spot with a dry towel in order to dry it. Using the same solution that is mentioned in the Kool-Aid removal can also remove the yellowish-brown stain of coffee in your carpet. There are also specific products sold in stores specifically to remove coffee stains, but always perform a spot test to make sure that no chemical damage to your carpet will occur.

Ink Stains

Begin removing ink stains by dampening a clean cloth with isopropyl alcohol and dabbing it on the stain. Do not scrub or rub it because this could cause the spot to spread. Let it stand for a few minutes and then use a liquid-friendly vacuum cleaner to remove excess moisture.

Pet Stains

Sometimes, a pet needs a bath after it comes inside from playing. Pet stain removal begins with cleaning up the initial mess by using the blot method if it is wet, and using gloves if it is not. You can neutralize the spot and odor by mixing ¼ cup of vinegar and a quart of warm water and spraying it on the stain. Let the mixture soak for a few minutes and then use the blot technique until the spot is dry and the stain is gone.

If all else fails, you can always hire a professional carpet cleaner. Professionals generally have highly effective tools and methods that the general public doesn’t.

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Managing Divorce and Child Support Agreements

Posted by on Sep 11, 2013 in Child Custody, Divorce | 1 comment

Divorce proceedings are a complicated matter that, by nature, need to be treated with respect and a clear head. Often a clear head is hard to attain when both parties seeking a divorce are grieving, confused, and easily upset. These reasons highlight why it is so important to have a reliable and honest attorney to assist in mediation when a couple is divvying up the wealth and belongings that they’ve accumulated together. The website of the Law Office of Andrew A. Bestafka, Esq. describes, “Successfully resolving disputes in a divorce requires a delicate balance between providing for the best interests of the family and all children and simultaneously protecting your interests as an individual.”

In all divorces, compromise is a necessary and practical allowance of each party. Splitting real estate, vehicles, expensive possessions, and work benefits are among common possessions that couples much reach an agreement on. However, child custody is always one of the most difficult topics on which parents must reach an agreement.

When deciding which parent gets primary custody of a child, lawyers will often help draw guidelines for child support owed by the parent granted secondary custody. This financial planning requires foresight that is sensitive to the child’s changing needs and each parents’ financial means.

As the website of the Law Offices of Baden V. Mansfield notes, as circumstances change in a family’s life, child support and child custody agreements are able to be modified. Since both the needs of the child, as well as the income of each parent, are likely to change, many child support agreements are able to be amended with respect to these fluid factors.

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Common Causes of Roadway Accidents

Posted by on Sep 10, 2013 in Car Accidents, Personal Injury | 0 comments

Car accidents are an inevitable reality for most drivers. Sharing the road with other drivers can be stressful enough, without driving alongside 18-wheelers. The size of 18-wheelers can be overwhelming to standard sized cars traveling around them. Fortunately, most 18-wheelers are handled by responsible professionals experienced at driving under all climate and traffic conditions. For this reason, other drivers can usually expect to feel relatively safe as they travel the roads.

However, accidents are always possible and when standard sized cars get into an accident with 18-wheelers, the driver and passengers in the standard car typically experience exponentially more damage than the driver of the 18-wheeler. All drivers, including the operator, must be mindful of the 18-wheeler’s no-zones (4 considerable blind spots). Because they are operating a machine that could potentially inflict major damage, 18-wheeler drivers must be held to a high standard. The website of Ausband & Dumont
, cites the most common accident causing factors as truck defects, trucking company negligence, truck driver negligence, or no-zone truck accidents.

In addition to physical distress, the victims of an 18-wheeler crash can often experience emotional trauma. These physical and emotional stressors typically cost the victim time away from work as well as hospital expenses. Because of these inconveniences, it is often valuable for the victim of an 18-wheeler crash to seek legal help. A lawyer will assist the victim in researching the cause of the accident and advocate for the victim’s financial compensation.

Similar to victims of 18-wheeler accidents, victims of crashes between two standard sized vehicles, often seek legal help. The website of attorneys Habush Habush & Rottier S.C. ® mentions that driver error, reckless driving, speeding, drunk driving, mechanical malfunction, and even highway defects are some of the main factors that cause auto accidents.

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Mistrusting Authority: When Institutions Don’t Deliver Proper Care

Posted by on Sep 8, 2013 in Medical Malpractice, Nursing Home Abuse, Personal Injury | 0 comments

There are many ways for patients to take control of their health. Prudent dietary planning and regular fitness activity are two methods many people adhere to in order to maintain mental and physical equanimity. In spite of how well the body is taken care of, genetic or external factors can render a body in need of medical attention. Many patients feel disempowered when they entrust themselves to a doctor. This is not surprising as one of the main human fears is “the unknown.”

Most patients can surpass the fear of the unknown and have confidence that their chosen physician has valuable knowledge that can help them, according to the website of Habush Habush & Rottier S.C. ®. Sadly, sometimes people entrust themselves to the care of physicians that do not practice medicine responsibly. Medical negligence can take many forms. Common forms of medical malpractice are misdiagnosis, delayed diagnosis, improper treatment, surgical errors, emergency room errors, pharmaceutical errors, and birth injuries. Lawyers can often help the victims of medical malpractice gain compensation from the doctor or hospital.

In addition to hospitals, many people entrust loved ones to nursing facilities when they can no longer support elderly family members full-time. Many nursing homes have sectors that allow for the healthier residents to live with some independence and privacy. Other more dependent residents might be recovering from surgery or suffering from long term illnesses. Since some residents are so dependent, they need attentive and compassionate caretakers that are sensitive to each specific case.

When dependent residents don’t get the care they need, the consequences can be grim. The most prevalent cases of nursing home negligence relate to accidentally switching prescriptions, under exercising, and malnutrition. Dehydration, starvation, and a lack of nutrients as strong indicators of malnutrition. Families are entitled to compensation if a loved one has suffered from negligence in a nursing home.

Additionally, property owners have a responsibility to keep their premises free from hazardous situations. An egregious failure to do so, such as allowing a leak to persist for days or not fixing a cracked or uneven floor can creates a dangerous situation that can lead to preventable injuries. A danger like a pot hole can injure a cyclist or motorcyclist who drives over it, or even damage a car. As pointed out on Habush Habush & Rottier S.C.®, such hazards are the property owner’s responsibility to repair. This area of law is called premises liability, and it can be complicated to figure out exactly who is at fault when these cases arise. Nevertheless, an attorney can help you determine the who hurt you and do most of the legwork in a premises liability lawsuit.

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Adverse Reactions to Medication and Surgical Errors

Posted by on Sep 6, 2013 in Defective Pharmaceuticals, Medical Malpractice, Personal Injury, Topamax | 0 comments

Often medicines can be an ally to bodies seeking quick recovery. As the medical field advances symptoms of many health complications, like epilepsy, can be improved with pharmaceutical remedies.

Topamax is a medicine manufactured by Johnson and Johnson that can reduce occurrences of seizures and migraines in patients that suffer from epileptic episodes and frequent and severe headaches. Like any medication though, patients must be informed of the risks. Topamax can cause complications to forming fetuses if taken by a pregnant woman. According to the website of the Williams Kherkher Law Firm, Topamax has caused fetal damage ranging from cleft lip, cleft palate, and Hypospadias. Often all of these defects can be reversed, allowing the infant to make a full recovery. In many cases when these defects occur, families that were under-informed of the risks seek legal help in order to gain compensation from the prescriber.

In some cases patients have conditions that require more attention than a prescription for medication. In the most urgent of cases when a surgery is required, the risks correlate directly with the reward. When a surgery is successful, the expensive patient costs and medical efforts payoff. Likewise, when a surgical procedure goes awry, the damages and recovery can double the patient’s cost and sense of hopelessness. Surgical errors such as lack of oxygen, infection, bleeding, and wrong site surgery prove to be expensive for patients monetarily and emotionally. In more serious cases these complications can even span from stroke, paralysis, brain injury, to death. Like patients who are the victims of adverse pharmaceutical reactions, victims of surgical errors who seek financial compensation often rely on legal help as their advocates.

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Physically Demanding Labor and Long-Term Disability

Posted by on Sep 2, 2013 in Eagle Ford Shale, Long-term Disability, Workplace Injury | 2 comments

Eagle Ford Shale, a large natural gas and oil deposit in the South Texas region, is a valuable environmental and economic asset. The drilling of the Eagle Ford Shale field is of the most lucrative drilling projects in Texas having a $60 billion dollar impact and providing around 116,000 jobs for workers in 2012 alone. The discovery of Eagle Ford Shale is relatively new, (the first drill having been installed in 2008). Since the discovery of the deposit, the site has evolved into a competitive environment as numerous oil and gas companies are eager to take advantage of the areas resources.

Though the Eagle Ford Shale region creates positive financial opportunities for employers and workers alike, the competitive environment of Eagle Ford Shale has become the site of many tragic worker injuries. According to the website of the Chris Mayo Law Firm, the most common accidents at Eagle Ford Shale that lead to injury are pipeline explosions, oil tank explosions, transport truck accidents, chemical leaks, and contamination. These devastating accidents are typically always preventable when the proper precautions are taken.

Due to personal injury, many workers of the Eagle Ford Shale region are temporarily, if not permanently, ineligible to work. Since most of the work at the oil field is physically demanding even a minor injury can greatly complicate a worker’s ability to perform. Injury costs workers the potential money earned as well as hospital expenses. Fortunately, according to the law firm Scudder & Hedrick, PLLC, benefits like long-term disability can offer injured workers as much as 2/3 of their average wages, helping them make ends meet while they recover.

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