Showing posts with label Important. Show all posts
Showing posts with label Important. Show all posts

Friday, June 22, 2012

Legal Arguments on the Health of Each Parent for Child Custody

Louisiana courts, and in particular the family courts that a divorce lawyer often practices in, typically use the Louisiana Civil Code article 134 in making child custody decisions. Article 134 has twelve sections, or "factors" that a court can and perhaps should consider when awarding child custody in a particular case. One of these factors is section (7), which tasks the court with evaluating "the mental and physical health of each parent."
To some people it might seem pretty obvious that there can be situations wherein one parent is simply unable to care for the child because of a serious physical ailment. For example, let us say that six months before the custody battle between two parents takes place, one parent is involved in a very bad car accident. The accident resulted in the parent losing all mobility and motor function in their limbs. A divorce lawyer would still of course represent that parent's right to see their child, but they would also likely consider heavily the fact that that parent may not be equipped to be the custodial parent. This possibility becomes even more great if the child at issue is of a particularly young age; one that would require a parent to have at least some degree of physical mobility to adequately care for the child.
That said, a parent who is confined to wheelchair will not necessarily lose a custody dispute for their child. A divorce lawyer will take into account the disability, but there are thousands of handicapped people who are more than capable of providing adequate support for their child.
The health of the parent can also be an issue in a custody dispute from a mental standpoint. Sometimes, this can be an even more foggy area of inquiry for a court. Take for example a parent who has been diagnosed with clinical depression. Does this mean it is impossible for them to become the custodial parent? A divorce lawyer will consider all relevant facts; and depression in and of itself may not bar the possibility of being the custodial parent so long as that parent can put up other evidence showing their mental fitness.
There are other mental health issues which may defeat a parent's desire to be the custodial parent however. Take for example an older parent, who is suffering from the middle stages of Alzheimer's disease. Let's say that they routinely forget simple tasks and responsibilities, and their doing so highly calls into question their ability to care for a child. In this case, a court may consider the mental illness determinative in awarding custody.
It is importantly to be completely candid and truthful when appearing before any Louisiana family court. If a parent does have a mental or physical affliction, they should be up front about it. While it does not always preclude the possibility of them being awarded custody, they should be sure to develop and bring forth other evidence to present to the court showing that indeed they are nonetheless fit to parent their child in a responsible way.

Thursday, April 26, 2012

Law That Deals With Family Related Issues

If you are in need of a family lawyer to handle your divorce, or matters that stem from your divorce, you should get expert legal representation from an experienced and knowledgeable attorney. Dealing with divorce issues can be both difficult and emotionally draining, which is why it is important to get an attorney to handle your case that has extensive experience dealing with family law cases. This may be the best solution to help you make rational, clearheaded decisions that will benefit all involved.
A family lawyer can be just what you need to get an objective advice at this time. If you are looking to file for divorce, make sure you have an informed family law attorney on your side. Some of the areas this lawyer can help you with on your case include:

Negotiating custody and child support issues, helping you to maintain your desired maternal rights, resolving property issues, helping with special issues that are specific to your needs.
A family law attorney is also an excellent choice when you need someone to handle a child custody issue you are facing. Child custody issues include determinations involving a minor child or custodial awards. The determinations of who gets custody of a minor child involve legal custody or who had the right to make a decision concerning the child. The kind of attorney you need for case like this depends on what your goals are. If you and your spouse are not able to come into agreement on a child custody arrangement, you need a lawyer that has a reputation for adversarial, difficult divorce disputes.

People may also need a family law attorney to handle and adoption issue. The laws that surround an adoption differ from state to state and you are going to need to work with an attorney that is knowledgeable about your states adoption laws. This is true even if you decide to adopt from a private person or through an adoption agency. Additional cases that may call for a person hiring a family attorney include: alimony, premarital agreements, abuse or child neglect cases, grandparent's rights, visitation rights, paternity, and drug or alcohol abuse.

It can be complex, exhausting, and difficult going through a family law matter and having great legal representation can increase the chances you get your desires met. If you want someone that will fight aggressively for issues that will affect the rest of your life, hire an attorney that has a reputation for compassion, expertise, and success.

Saturday, July 30, 2011

Car Accident Lawyer - Important Guidance In Legal Implication

A professional car accident lawyer advice and guidance is of incalculable importance to the client who is caught in the middle of a legal implication. Though legal matters do take time to fold up but the quality and tenure of supervision not only helps the client financially and in recovering with all aid possible from the government, but more so it also helps set an example for all involved in the vast number of motorcar accidents that take place every year. Without the professional guidance of an experienced lawyer for motorcar accidents, it does not ensure a smooth legal proceeding from which the client can be assured of total recovery and complete safety.

To start with, the place and venue of the accident needs to be correctly captured in detail. This needs to be done both in order to report the case with police as well as for insurance purposes. As such all evidence and events of the occurring incident need to be detailed while being captured. It is here that the invaluable expertise of the lawyer acting for motorcar accidents comes into the picture. All names and contact information of witnesses along with others involved in line with information regarding the damaged vehicles involved need to be captured. In todays mobile age, photographs collected on the spot with help of mobile phone cameras can come in very handy to the car accident lawyer later on.

Moving further, the entire procedure of tackling the insurance companies is a huge task and needs the experience of a professional to handle the associated formalities and ensure the claim is realized in full. For this arduous task the lawyer who is well-equipped with all insurance related developments is indispensable. On the financial front, any claims that are to be derived from the contesting party is also the responsibility of the lawyer involved. Over here it is not only the sum of money to be claimed that is at stake but also the manner in which this has to be realized. A car accident lawyer for motorcar accidents who is well versed with the existing norms and prevailing trends in this line will carry out all the formalities in a smooth way consuming the least of time. Further more a firm vigil on all that needs to be disclosed to the insurance companies is also atop the list of priorities for the prosecutions by them.

A car accident lawyer working in motorcar accidents do charge fees that raise an eyebrow, and at times they can be on a percentage basis of the recovered amount in concern. However, what we need to be aware of is that the client stands to gain both monetarily and in health, before the money actually goes into the pockets of the lawyer. With indefinite limits of insurance amounts on question, a resourceful lawyer can go quite a distance in helping the client recover the claim amount in full. In fact there have been instances where multiple sources of claim and settlement have arisen which in turn turnout as windfall sources of income. However they are made to happen only with the keen eye of a car accident lawyer for detail of the costly services of the legal aid. The claim in return not only affects the party on suit but also to all the indirectly related distant relations like the collective owners of the accident met vehicle, all government authorities, manufacturing company of the automobile and lastly the involved employers.