Why Hire a Child Support Lawyer College Station with a similar background to yourself: Asian, Chinese, Philippine, Vietnamese, El Salvador, Guatemalan, Canadian, German, Latino, Mexican, Spanish, Italian, Japanese, Russian, Greek, Romanian, Cuban, Korean, Indian, Hispanic, American, Foreign, Protestant, Catholic, Jewish, Hindu, Muslim, Orthodox, Mormon, or Buddhist?
If you do you will need a lawyer. The trouble is there are several thousand Attorneys out there just on the internet and the choice in finding a Child Support Lawyer College Station appropriate for your case becomes more difficult. When you are trying to find a representative there are a few guidelines you will want to follow. Below you will find out how to choose the appropriate lawyer for your needs.
When trying to find a lawyer you first must understand the case you have. Some cases are very easy to determine, for instance those who have been in an accident often have personal injury needs. Those with problems at a hospital with a medical condition will have a malpractice suit and on and on. Once you have determined the type of representative you need, finding a lawyer becomes a little easier.
You may have a general practice representative or someone you have dealt with in Child Support Lawyer College Station law. Most of us know someone who has had a attorney in the past. In this case you can ask the person for a referral. If you have a business lawyer you can ask them to recommend someone in the field of expertise you need. They will often have at least one name for you and a few to keep away from. Those who have worked with lawyers such as family or friends will also be able to give recommendations. They may say you don’t want this person or that their associate can help you. In either case you are better off to ask for a referral in finding a lawyer rather than other options.
The key to finding a representative that will help you out is knowing as much about them professionally as possible. You want to understand how many years they have practiced and what their specialty really is. Other wise you may find someone who is more out for the gain they will get rather than the gain you will get. When you deal with finding a lawyer, ask them their policies. Kind of interview them during the course of the conversation as well. Some will not charge unless the case is won, while others will charge a small fee during the entire process. It will depend on the case and of course your representative.
I went through a couple of web sites and researched data that was on the Internet regarding ride accidents. I was curious as to the amount of ride accidents and the severity of them. I have been a carnival game operator for 19 years and I hardly see or here of any accidents.
My research was based on the year 2007 only. I looked in only two major web sites and they showed several accidents. These two sites were somewhat duplicates and the one site, amusementsafety.org, had all the accidents on rides that the other did for my area of research. I did leave out all accidents that occurred everywhere except the continental United States. That means I excluded all other countries plus Alaska and Hawaii. The reason for that was that I have never traveled with the carnivals any where but the continental United States and Puerto Rico. Puerto Rico did not have any accidents listed on these web sites.
I found 33 separate accidents listed. 17 happened on carnival lots and 16 happened at other venues such as amusement park, zoo, indoor playground, and other permanent stationary facilities. I feel that there were many more accidents that were not reported but do not know. Some accidents are so minor and if the person does not go to the authorities it will go unreported. When you factor in how many times people get on rides, 33 seems like an extremely small amount of accidents.
I do not ever work for stationary amusement companies and do not know what their policies are. I do know that several carnivals have something, in reference to safety, on all their ride help uniforms. It becomes sort of a subliminal message. I remember on Wade Shows continually picking on ride help about their Safety First that was printed on their shirts backs. If I seen them so much as drop a hot dog I would repeat the saying, safety first. No matter how it worked, it is a steady reminder to the ride help. And the bottom line is there should not be any accidents.
A will can be used, when executed, directs the disposition of your estate at death. The term "Intestacy" deals with state statutes that govern distribution of the property of a person who dies without a valid will or whose will does not completely dispose of his estate. In most states, the rules are the same for real and personal property. Heirs and next of kin are synonymous and describe persons who take either real or personal property by intestacy. Generally, the state where a person lives when death occurs determines the disposition of personal property. The disposition of real property is determined by the law of the state where the real property is located.
Intestacy statutes (or wills) apply only to a decedent's probate estate. This consists of assets that pass by will or inheritance and are subject to administration by the decedent's personal representative, (cash, real estate, and personal items). Non-probate assets pass under contract, (life insurance proceeds, trust assets, etc.). If a will is valid than it rules, but if there was no will or the will was not valid or does not make a complete disposition of the decedent's property, than the intestacy succession statute applies. Again for personal property, remember the law of the decedent's state where they lived governs. For real property, the law of the state where the property is located governs.
The most asked question is, "How should the property be distributed?"
Some general rules are as follows:
1.Spouse usually takes half or a third if there are decedents, if not, all distribution of assets goes to the spouse
2.Children take all if there is no surviving spouse or a smaller amount if there is a surviving spouse.
These rules apply to "separate property". Different rules apply to community property. Keep in mind if your state is a community property state, the spouse already owns on half of all community property. Some states that have community property are:
Revoking a Will:
1. By law- Changes in a will may revoke all or part depending on state law
2. By executing another will, revoking the previous one
3. Physical destruction: tearing up, burning or writing "Cancel across the face of the will.
In most cases a complete, formally executed will do not need other documents or act to administer the to the decedents estate. There are grounds for contesting or challenging a will and usually involve the following:
1. Was the will properly executed?
2. Was it revoked?
3. Did the maker lack the capacity?
4. Was there lack of intent?
5. Was there undue influence, fraud or duress?
A person may contest or challenge a will only if they are interested parties, (direst interest in the estate). There can be a no-contest clause in a will, called an "Interrorem". This provides that any person who contests the will shall forfeit all interest in the estate.
Steps in Administration of the Estate:
1. Opening estate proceedings
2. All proceedings subject to court supervision and control
3. Jurisdiction-State of decedent's death
There are fourteen (14) states that have adopted the Uniform Probate Act: Alaska, Arizona, Colorado, Idaho, Maine, Michigan, Minnesota, Montana, Nebraska, New Jersey, New Mexico, North Dakota, Pennsylvania, and Utah.
The importance of estate planning is essential to protect yourself and your family. Make sure you consult with the proper person to provide you with all your financial needs in planning your future.
Need advice: Child Support Lawyer College Station ?
Child custody is a very emotional subject and even more so for single parents who are not married. Custody battles can become very nasty when the father does not accept paternity, when unmarried parents do not live together or when a relationship comes to an end.
Child Custody Laws
We will focus on custody laws relating to mothers and fathers who have never been married to each other, with children born out of wedlock. Divorced couples may also be known as single parents, but the same laws do not always apply. As laws differ from country to country we cover general principles only. In the United States each state has its own. If you live elsewhere in the world, do an internet search for child custody laws applying to single parents.
The Rights of the Child
The basic principle remains the same for all child custody laws. The rights of the child come first. The United Nations Convention on the Rights of the Child specifies that in all legal matters, countries should act in the best interests of the child. Children of single parents have the same rights as children born in wedlock.
Evaluation tools for awarding custody
Courts do not use a fixed list of rules when awarding custody to single parents. A judge may consider the following factors or situations:
- age of the child
- best interests of the child
- child's preference
- relationship between child and each parent
- primary caregiver to date and impact on the child of any change
- ability of the parent to provide a comfortable, stable and caring home
- relationship between parents
- parents' preference
- evidence of alcohol or drug abuse by either parent
Find out the custody laws for your state or country. Even if you are in a good relationship with the father or mother of your child, unmarried single parents living together should formalize all child custody issues.
The process for mediation will be dependent upon how mediation is triggered. Mediation can be triggered by:
a court or tribunal
an agreement to mediate.
A contract can state that when a dispute occurs to do with the contract or any matter of contractual import or bearing the parties must go to mediation. A well crafted mediation clause will provide that the parties must agree upon a mediator or in the absence of agreement the contract should provide that the matter must be referred to a nomination body to nominate a mediator.
The contact will provide that the mediator will be free to conduct the mediation as he or she sees fit, but the contract will also provide that if the mediation breaks down then the parties are at liberty to abort the mediation. Conversely the contract will provide that if resolution of the dispute through mediation is effected then the terms of settlement that underpin that accord must be in writing, must be co signed by the parties and the mediator and the accord will then be binding.
An example of a contract induced mediation clause is below
The Parties must mediate disputes.
The parties to the contract must use the mediation procedure to resolve a dispute before commencing legal proceedings.
The mediation procedure is:
The party who wishes to resolve a dispute must give a notice of dispute to the other party, and to the selected mediator, or, if that mediator is not available, to a mediator appointed by the president of the Law Institute.
The notice of dispute must state that a dispute had arisen, and state the matters in dispute.
The parties must cooperate with the mediator in an effort to give an opinion to technical matters. Each party must pay a half share of the cost of the opinion.
If the dispute is settled, the parties must sign a copy of the terms of settlement.
If the dispute is not resolved in 14 days after the mediator had been given notice, or within any extended time that the parties agreed to in writing, the mediation must cease.
Each party must pay a half share of the costs of the mediator to the mediator.
The terms of the settlement are binding on the parties and override the terms of the contract if there is any conflict.
Either party may commence legal proceedings when mediation ceases.
The terms of settlement may be tendered in evidence in any mediation or legal proceedings.
The parties agree that written statements given to the mediator or to one another and any discussions between the parties or between the parties and the mediator during the mediation period are not admissible by the recipient in any legal proceedings.
Court or Tribunal Ordered Mediation
Most courts require litigated matters to be referred to mediation before the case goes to hearing. The courts normally have a published list of mediators that the parties can choose from and each party has to pay the costs of the mediator.
If the mediation facilitates a settlement then the matter is concluded and the legal proceedings will be aborted by consent. If the mediation is unsuccessful then the matter will in all likelihood proceed to trial.
In some jurisdictions like the VCAT (Victorian Civil and Administrative Tribunal) the parties do not have to pay for the mediator and this is a significant cost saving and benefit that flows from such benevolence.
Agreement Based Mediation
Any party to any dispute, be it civil, commercial or planning can at any time agree to mediate. All the parties need to do is to find a mediator and then in good faith attempt to settle the matter.
There still however needs to be a rigour, there is little point in settling a dispute unless the settlement is agreed in writing, is witnessed and is evidenced by an instrument that states that the parties have agreed to resolve all of their disputes and differences to do with the subject matter.
Any mediated settlement agreement has to be comprehensive, well drafted and must embrace all matters that gave rise to the dispute. Poorly drafted settlement agreements are open to challenge and are frequently challenged when one of the parties in hindsight thinks that result could have been better.
If matters can be mediated at the gestation of a dispute, a mediated outcome has considerable merit. There is little doubt that the fastest and cheapest way to resolve a dispute if negotiations breakdown is through mediation. In any partnership agreement that I have entered into with fellow practitioners or businessman I have insisted on the inclusion of a mediation clause. Resort to court, is last resort.
One of the ostensible benefits of mediation is confidentiality. If a matter is resolved by mediation the disputants can keep their issues of discontent "in house". If there is any "dirty linen" it is "washed" in-house, never in public. For people in high office this is most important, reputations particularly in this day of age where communications via the internet are immediate and widespread mean that anything odorous can be seized upon and published very quickly. Furthermore once the odium is out there it can never be archived or placed in a vault that is dedicated to the scurrilous. Information that is published on the web remains there in perpetuity for all and sundry. The need for confidential resolution of disputes is therefore greater than ever and mediation is a useful although not necessarily perfect way of achieving this.
Not everyone however is convinced that a benefit of mediation is confidentiality.
"It could be said that the reality of confidentiality in mediation is in large part reliant on the goodwill of the parties. If good will breaks down, then somewhat ironically, whether confidentiality will be upheld or not depends on relatively insecure legal protections"
(Field, Rachael and Wood, Neal (2006) "Confidentiality: An ethical dilemma for marketing mediation?" Australasian Dispute Resolution Journal 17(2):pp. 79-87 at 7).
"From an ethical marketing perspective it is less than desirous to use the concept of confidentiality to promote mediation; certainly not without providing full information about the qualified nature of the concept in practice. Indeed, the accuracy and legitimacy of some of the assertions made about confidentiality in mediation can be brought into serious question"
(Field, Rachael and Wood, Neal (2006) "Confidentiality: An ethical dilemma for marketing mediation?" Australasian Dispute Resolution Journal 17(2):pp. 79-87 at 16).
As one of the perceived benefits of mediation is confidentiality, yet in actual practise as the said co-authors contend this may be an assumption in some instances rather than a fact, settlement condition "belts and braces" should be brought to bear to secure confidentiality. Where settlement via mediation is engineered the settlement agreement should have a confidentiality clause, any breach of which is actionable in a court of law. If part of the consideration in the settling of a dispute is confidentially it should be expressed as such, then a breach of confidentiality is a breach of that confidentiality provision and actionable.
A greater problem is if settlement is not effected by mediation. How confidential is information conveyed during negotiations in these circumstances? Field, Rachael and Wood have said the notion of whether information remains confidential or not may be reliant upon the good will of the parties. All well and good but of little comfort to disputants at loggerheads with one another, particularly if the mediation proves fruitless and as it can on occasion, counterproductive and a tension exacerbater.
(Michael Moffitt "Suing Mediators" Boston University Law Review, Vol. 83:147 at page 150)
The difficulty in suing mediators is probably because it is a new addition to the dispute resolution repertoire, somewhat of a dark and evolving art. As canvassed previously mediators are not supposed to make decisions and although a mediator never makes a decision, the errant mediator in making a recommendation or proffering an opinion that affects a settlement is influencing the decision to settle. If the decision is settled and compromised on the basis of a misconceived mediator`s expressed inclination, the conduct of the mediator should be actionable at law.
Yet actionable on what basis? The duty of the mediator in not codified or regulated rather it is ill-defined and speculative As some mediators are not remunerated by the parties does their duty to the party differ to circumstances where the mediator is remunerated by the parties, (presumably on a fifty- fifty basis)?
Unlike lawyers who are required to enter into cost agreements with their clients that are regulated by solicitor conduct acts, mediators do not explicitly contract with clients to dispense impartiality, ethical reverence or detachment. So in the absence of any contractual obligation for one to sue a mediator, one would have to imply certain duties, duties that are to reiterate ill-defined and opaque.
For the above reasons it is not surprising that mediators apparently have not been sued to date. Although a party in the absence of any mediator immunity would be at liberty to sue a mediator, success could prove elusive. There would have to be compelling evidence that the mediator, very forcefully recommended a course of action, based upon flawed rationale or pretext, resulting in a settlement that materially prejudiced a party`s interests.
Furthermore if the aggrieved was represented by lawyers it would be even more difficult to sue the mediator, because the question would be asked "Why did your lawyer not advise you to refuse to accede to the mediator's recommendation?"
The disquieting consideration for lawyers, is that the lawyer must be ever vigilant and bold if need be, in ensuring that a bad deal that is put to the client is described as such in no uncertain terms, least the lawyer be implicated in a questionable outcome. The last thing the lawyer would want to become is a client "safety net" for a compromised settlement in circumstances where a forceful or vociferous mediator extolled the virtues of settlement and the lawyer meekly acquiesced or endorsed in that facilitation. For to do so could mean that the lawyer would be sued for a failure to emphatically reject the mediator`s recommended course of action.
As an aside the author can attest to his disappointment with respect to some of his experiences at mediation, albeit a minority of experiences. One case concerned a multimillion dollar dispute where the author was retained by an insurance company and the author's client flew an insurance instructor from one jurisdiction to the jurisdiction where the mediation occurred. The mediator was a fairly relaxed sort of character but the amount that he charged being $6,000 per day certainly did not relax the disputants. It was observed on a number of occasions that when there were "breakout" caucuses, the mediator used his downtime to read the newspapers in the public reception area that someone very kindly left in the reception of the office.
In another matter, again an insurance dispute, one team flew from one jurisdiction to another, at great cost. The mediation was getting traction but because the mediator and some other members of one of the adversary fraternity had to attend a religious festival, the mediation was cut short. The author, a religious man himself, considered that it would have been a far better idea for the mediator to arrange a date that did not conflict with either his or one of the other party's religious commitments. Particularity when the mediator was charging in excess of $5,000 per day and the combined legal spend for the day would have been $12,000. Needless to say that the team lacking the same religious affiliation was in a word; disappointed.
One of the greatest risks with mediations is that successful mediations in the author`s experience often go well into the night. In these circumstances many mediators instead of adjourning over to the following day put pressure on the parties to expedite the "wrapping up" of a settlement. In such circumstances mistakes can be made particularly in regards to the drafting of terms of settlement. This makes one hark back to Michael Moffitt's observation that the lack of formal structuring can compromise the quality of mediation services.
Mediation is relatively cheap and in tribunals such as the VCAT and the NZ WHT it is free. Court nominated mediators however are not free and when the courts, compel the parties to mediate the parties have to engage and pay for recognized and reputable mediators. This can cost anywhere between $1,500 and $10,000 a day but is money well spent if the matter is resolved quickly by mediation.
The most cost effective deployment of a mediator is at the outset of the dispute, at a time that precedes the initiation of legal proceedings.
An actual mediation rarely takes more than a day or so. The critical thing is to ensure that the mediation occurs close to the beginning of the dispute rather than on the eve of trial.
On point, the author was engaged by the Law Reform Commission and the Law Institute of Victoria in the early 90's to co-author a plain English building contract with Jude Wallace (Jude worked with the Victorian Law Reform Commission). We decided to make mediation the first "port of call" in the dispute resolution process whereby it was a term of contract that no party could issue proceedings in any jurisdiction unless they had at first instance attended mediation. The contract also provided that the parties remunerated the mediator on a 50/50 basis, regardless of outcome.
It is critical, for fear of labouring the point that mediation occurs at the outset. Ideally, a mediator should be engaged before a matter goes to court, arbitration or a tribunal but this requires a contractual condition that binds the parties to this course of action.
A mediated outcome at the earliest possible time can indeed arrest the deterioration of a commercial relationship. Mediated outcomes can also be positive, they can turn the tide from discord to accord and where this occurs the relationship can be strengthened.
Adversaries can also learn more about one another, a constructive mediation can enable both parties to better understand the other party's point of view. As Sir Laurence Street, the prominent Australian mediator and a past NSW Supreme Court Chief Justice likes to say. "If you look at a coin, the coin has a head and a tail. In any given dispute one party sees the tail, the other can only see the head, yet they are both looking at the same coin".
There are many different crimes in the world today. Some of the overlooked crimes fall into the white collar crime category. This category is made up of crimes that do not necessarily "hurt" someone. They often happen in professional settings and include things such as embezzlement, pyramid schemes, and fraud. Many times when people see some sort of corporate scandal on the news, it is about a white collar crime. It has been found that the public as a whole is more willing to forgive people who commit these crimes. It is important to remember that they can result in just as much jail time as any other type of illegal activity.
White collar crimes are frequently committed by people in government or business positions. Many of them are felonies and typically involve some sort of fraudulent activity. There is a long list of crimes including:
Unlike other crimes, people are not arrested and charged. An extensive investigation normally takes place so that the right people are accused and charged. If you have been indicted, contacted by an investigator, or fear for your freedom in any way, shape, or form, you need to get in touch with a reliable criminal defense attorney. A lawyer will be at your side through every step of the proceedings. The facts will be evaluated so that you can get a good deal.
Usually, will disputes happen when one of the beneficiaries has a conflict about how the property is going to be distributed. Normally, one of the beneficiaries brings up the dispute. However, a third party may also file the dispute and their name may not be mentioned in the will. If you want to know more about this subject, you may want to read through this article. This article gives some examples of will disputes and the best ways to handle them.
Most of such disputes are filed after the death of the person. The reason is that most people have no idea about the contents of the will, and they come to know about it after the death of the property owner. Therefore, most of will disputes involve the estate administrator.
Examples of Will Disputes
Common solutions for the disputes involve monetary awards as compensation to the relevant parties. As an alternative, the judge may choose to order a new way of distributing the property.
Do You Need a Will Dispute Lawyer?
To cut a long story short, wills are complicated documents. Generally, most people don't understand the legal matters involving wills. Therefore, if you are in trouble, you may want to hire the services of a will dispute lawyer. The lawyer will help you in drafting, editing or reviewing the will document. Aside from this, they will also help you with the will dispute. They can also help you in filing a case. So, hiring a lawyer will be a good idea.
If you haven't experienced it yourself, you probably have a friend who has. The threat that the other parent will take the child, move and you will never see them again. This is a common threat to hear but it can also be a simple question such as, do I have to notify another parent if I move? If you were hoping for a simple answer, then you're about to be disappointed.
If parents have entered into a legal custody agreement then the language in the agreement will tell you what the answer is. If the language states that parents may not move out of the county without prior notification, then that's what is required. If the language states nothing about moving but states only significant changes can be grounds to redo the order, then a parent moving would be grounds to take another look. If there is no agreement between the parents then there is no agreement to break by moving.
Remember that the courts primary directive is to protect the "interest of the child" and the most basic interest the child has is the relationship with their parents. What is the moral of this story? The moral is that parents need an agreement to protect them and their relationships with their children. Simple language can prevent a terrible tragedy like moving away without notification, or at least give you teeth if it happens.
Child Support Lawyer College Station