Category Archives: LAW

Legal Rights and Child Custody

Family Law in Denver

Family Law in DenverFamily Law in DenverWhile custody rights vary in every situation, they are always decided based on the standard of child’s best interest. This only means that the child’s needs are more important than the preferences of the parent or other adult parties involved. It is common for a mother or a father to fight for primary or legal custody.

Who Gets Custody

Traditionally, mothers used to win primary custody, with the father giving child support. This setup, however, has changed, as the father can now obtain custody rights. This is especially true in cases where the mother is incapable or unwilling the support and take responsibilities for the child.

Family law attorneys in Denver, CO say there are some cases wherein stepparents assume child custody rights in remarriage or divorce. Grandparents, close relatives, and other person may also obtain legal rights, when assigning custody to biological parents is not possible.

Rights and Responsibilities

Child custody may involve different rights and responsibilities. These include the right to have the child live with the parent (physical custody) or the right to make important decisions for the child (legal custody). Both parties can agree on support and visitation rights, or let the court settle it if they can’t decide.

A parent granted with custody is the custodial parent, and will have responsibilities such providing basic necessities for the kid and assisting the child with legal decisions if required. The custodial parent, in some cases, may also be liable for certain legal violations of the child.

Seek Legal Assistance

The laws concerning child custody rights and visitation can be a complex matter. It is best for parents to hire an attorney to address their concerns or needs regarding child custody. The right family lawyer can guide a mother or a father, as well as inform them of the options available.

When custody has been decided, the other parent can contest it and ask for a modification. Court intervention may be necessary if both parties cannot work together and decide on a workable agreement. The court may only approve the modification if it supports the best interest of the child.

Family Law: On Legal and Physical Child Custody

Child Custody in Albuquerque Child Custody in Albuquerque Divorce processes, unfortunately, has no perfect formula or procedure. Each family has a unique situation that requires a different approach to have the best results to all the parties involved. Among the issues that need to be discussed is the child custody matters.

The most sought after ruling in child custody is always joint custody; however, there are certain factors that need to be fulfilled before both parties arrive at this agreement. In Albuquerque NM, just like in most cities, reputable family lawyers commonly deal with two types of custody issues: legal and physical custody.

Legal Custody

Legal Custody is one aspect of raising a child after divorce. This type of custody allows for the parent that has the legal custody to make the major decisions that will affect the upbringing of the child. These decisions include the child’s education, religion, health care, extracurricular activities and more.

There are two ways in which legal custody can be exercised. Sole legal custody entitles just one of the parents to make all key decisions that will influence the child’s life in general. If the state grants this to you, you do not have to take into consideration the wishes and opinions of the other parent. Joint legal custody, on the other hand, means both the parents have equal contribution on decision-making for the interests of the child.

Physical Custody

Most of the time, physical custody is also granted to the parent that has the sole legal custody. The parent that receives the physical custody of the child will have to provide the basic needs of the child on a daily basis. Naturally, to do this, the child will have to stay with the parent.

It is important to be aware that agreements about the interests of the child will have to be discussed with a professional family law attorney. It is ideal to get professional advice from lawyers who are aware of the state family laws. It is also noteworthy to mention that most states prefer to give out joint legal custody for both parents for the best interests of the child.

Five Essential Estate Planning Terms You need to be Familiar with

Estate Attorney in Salt Lake CityEstate Attorney in Salt Lake CityEstate planning can be too complex and complicated for a typical person. It involves a number of legalities and processes that can be difficult to understand.

One of the things that make estate planning look and sound intimidating is its use of jargons or highly technical terms. While an estate planning attorney will guide you all throughout the process, it still pays to know and understand the basic terms they use in the field.

Here are some of the most basic and commonly used terms in estate planning.

Administration

Administration refers to the estate distribution supervised by the court. The term is also used to describe the process wherein the executor or personal representative collects assets and pays debts and claims.

Beneficiaries

Beneficiaries are recipients of the trust assets and those who will benefit from such following the death of the grantor. This can be persons and/or organizations as named in a will or trust. Beneficiaries have “equitable title” to the trust property, according to estate planning attorneys in Salt Lake City, Christensen Young and Associates.

Certificate of Trust

Certificate of trust is a summarized version of a trust that verifies its existence. It specifies the successor trustees and the powers granted to them. It does not contain details on the assets, beneficiaries, or their inheritances.

Durable Power of Attorney

Durable Power of Attorney is a document that gives another person the full or limited legal authority and ability to be used in certain situations on your behalf. These include managing your financial dealings and making health care decisions for you.

Estate Planning

Estate planning is the process of designing a strategy and executing a will, trust, or other similar documents. The goal is to make sure your assets are well administered after your demise. The process also includes tax and liquidity planning.

These terms may sound too technical, but a basic understanding of these things can make a difference in your real estate planning. Never hesitate to seek the help of a lawyer specializing in this area for an effective planning.

3 Ways Your DIY Estate Plan Might Not Go As Planned

Asset Attorney in Salt Lake CityAsset Attorney in Salt Lake CityThe Internet has empowered millions of Americans with do-it-yourself guides. While DIY is the economical way to go, you might want to think twice when it comes to estate planning.

Yes, you write your own estate plan now—or more accurately, a computer program would help you write your own will and bypass a lawyer. It may seem like a money-saving endeavor, but Christensen Young & Associates and other legal professionals say that it’s not always the case.

It Might Incur Insane Legal Fees

A DIY estate plan is only faultless until proven wrong. Most likely, you wouldn’t know if it’s error-free or not because it’s not going to be you who would find out its woeful oversights.

Ultimately, your dependents would have to deal with the costs of your inadequacies in your self-drafted document. It may have to undergo necessary modifications to become acceptable, which may involve a number of costly fees.

It Might Become Outdated

One of the leading reasons it’s better to hire an experienced estate-planning attorney in Salt Lake City, Cincinnati, or any U.S. city is to make sure that your document is recent. Circumstances change and if your plan couldn’t keep up, your will may not be done.

The value of an expert lawyer is to ensure your plan agrees with your unique situation. Most forms online are cookie-cutter, which sometimes prevent you from updating your plan occasionally. In addition, laws change. Without an experienced attorney assisting you with this process, it’s extremely difficult to ensure your plan complies with the existing rules of the land.

It Might Not Be Valid at All

Without proper execution, your estate plan is a useless document. The rules on execution differ depending on the state and you might not be aware of what applies to your location. If you do it yourself, you might fall into a false sense of security that you have a legitimate estate plan to dispose of your hard-earned wealth when the day comes.

Estate planning is a critical matter you should only leave in the hands of true experts. Unless you’re single and certainly have no money, filling out a DIY estate plan might defeat its purpose and give your family unpleasant surprises at the worst time.

What Constitutes Marital Property in Colorado?

Marital Property

Marital PropertyMarital PropertyWhen considering a divorce or a legal separation, you’ll have to think about property division. There are basically two types of property, mainly separate and marital property. This classification is what determines how these assets will be divided in a divorce.

How is property divided in a Colorado divorce?

During the dissolution of a marriage, the court divides the couple’s marital property in an equitable manner. However, the court does not have the mandate to touch the separate property of either of the spouses. Attorneys at matthewsfamilylawyers.com share that when determining what is equal when it comes to marital assets in a divorce case, the court takes some factors into consideration. These factors include:

  • Each spouse’s separate property value.
  • What each spouse contributed to acquiring the marital property.
  • Economic situation and earning capability of each spouse, this includes the likelihood of awarding the family home to the homemaker who cares for children.
  • Decrease and increase in value of separate property for each of the spouse.

Colorado being an equitable distribution state rather than a community property state means that marital property isn’t considered to be owned by both people and therefore, should be divided equally after the dissolution of a marriage. Instead, the marital property is divided in an equitable way in which the higher earning spouse gets the bigger share.

What is the difference between separate and marital property?

Separate property is what the law believes to be property owned or received despite one’s marital status. This can include any property acquired prior to marriage, gifts, property deemed separate by an agreement or any property acquired after a legal separation.

Marital assets are what the law believe were acquired to benefit the marriage. This is in spite of whether the property is in one of the spouse’s name or who purchased the assets.

If you have any concerns about the division of property acquired during the marriage, consult a divorce lawyer in Denver, Colorado who will explain what constitutes marital property and what is classified as separate property.

Writing Your Will: Looking After Your Family’s Welfare Even After You’re Gone

last will Spanish Forklast will Spanish ForkThere are different reasons why many families don’t prepare wills. For one, people find it morbid to be talking about death. In addition, most of us view death as something that happens to old people, so we tend to delay preparing a will until much later in life. Others think that they don’t have enough money to bother about making a will.

Why prepare a will

The truth, however, is that preparing a will is one of the most loving acts any parent can do for their children. In the event of an unexpected death, you will be able to secure your family’s future and give them direction and much-needed assistance.

Take control of your assets

When a person passes away without a will or fails to appoint someone to distribute his assets, the court will be the one to assign an executor. This court-mandated executor will compile the assets, pay any liabilities (including debts and taxes), and distribute whatever is left to those who are considered beneficiaries. Writing a will makes sure that your loved ones will receive your estate upon your passing. According to Mtnebolaw.com, get a qualified wills and trust attorney in Spanish Fork to prepare it for you

Secure your family’s future

Writing a will may sound like something that's reserved only for wealthy families. That is not entirely true, though. If you have children or dependents, as well as investments or a home, you will definitely need one. Preparing a will ensures that your family’s financial needs are met after you are gone. If you have young children, your will is also the best place to name the individuals who will serve as their guardians.

Your assets will not take care of themselves. While planning for your passing may make you feel uncomfortable, just think about how much worse it would be for your family if you have passed away or became incapacitated without sorting everything.

 

Alcohol Related Offenses in Colorado: Penalties for DUI and DWAI

DUI

DUI in Colorado’DUI in Colorado’Colorado’s alcohol related offenses come in two levels, with both dependent on an offender’s blood alcohol concentration (BAC). These two offenses include Driving Under the Influence of Alcohol or Drugs (DUI) and Driving While Ability is Impaired (DWAI).

To put it simply, BAC is the amount of alcohol that can be found in your blood after drinking. Drivers older than 21 have a legal BAC limit of 0.08%, while the legal BAC limit is 0.02% for drivers below 21. The legal BAC limit for DWAI is 0.05%.

Potential Penalties for Alcohol-Related Offenses in Colorado

The Division of Motor Vehicles (DMV) in Colorado has legal right to the license of an individual arrested for DWAI or DUI, along with the other penalties that the court can impose. License suspension also includes points and fees based on the specific offense. Court penalties include the following:

  • 1st Offense – License suspension for nine months for DUI, $500 fine for DWAI and $1,000 for DUI, and jail time of 180 days for DWAI and one year for DUI.
  • 2nd Offense DWAI and DUI – One year license suspension, a fine not exceeding $1,500, and jail time not exceeding one year.
  • 3rd Offense DWAI and DUI – License suspension for two years, a fine not more than $1,500, and jail time for a year.

M-s-lawyers.com and other legal professionals note that penalties can be increased significantly for repeated offenses. In some instances, an offender may be required to have an ignition interlock device or IID installed on their vehicle.

The Importance of Professional Legal Representation

In addition to the penalties mentioned above, a 4th alcohol-related offense arrest will be counted as a felony and can land you in state prison for at least six years, along with a costly $500,000 fine. Under Colorado law, alcohol related offenses are not simply traffic infractions, but are misdemeanors, or felonies depending on specific circumstances.

If you plead guilty to an alcohol related charge, you won’t be able to join law enforcement agencies or the military. You will also have difficulty getting jobs since you’ll have a permanent criminal record. To prevent this, you must get help from an experienced DUI attorney who’ll be able to explain DUI laws, possible defenses for your case, and your rights to make sure that you obtain the best result for your case.

Importance of Filing for a Cerebral Palsy Lawsuit

Filing A Cerebral Palsy Lawsuit

Filing A Cerebral Palsy LawsuitFiling A Cerebral Palsy LawsuitCerebral palsy is caused by brain injury that occurs before, during or immediately after birth. This is because the brain of the infant is still under development. The extent to which a brain injury can affect a child’s intellectual abilities and motor functioning depends on its nature and severity. Sadly, about 10% of children with cerebral palsy acquire this condition after birth.

If your child had cerebral palsy at birth, which could have been prevented by a physician, then that physician is liable for malpractice because they failed to do their responsibility.

What Makes a Physician Liable?

Tyrone Law Firm and other legal and medical professionals state that a physician should diagnose whether a mother is likely to have complications during childbirth or whether she has infections.

For instance, they should evaluate the baby’s size before birth. If the baby is too large to be delivered normally, they can schedule a C-section to avoid longer and difficult labor. Additionally, failure to detect or diagnose umbilical cord prolapse may cause injury to a child’s brain due to deprivation of oxygen. If any of the above resulted in your child’s cerebral palsy, then you need to file a lawsuit.

Why a Lawsuit is Necessary

It is costly — not to mention, continuous — to take care of a child with cerebral palsy. The cost can go up to $1 million depending on how severe the disorder is. Therefore, handling medical care, home care, therapy, and rehabilitation for a lifetime can overwhelm your budget. When you file a lawsuit, you hold the liable physician responsible for their actions of negligence. If you win your case, you will be compensated for the care, treatment expenses as well as other damages.

It is best to seek the services of competent lawyers to be advised accordingly on what to do in case of negligence on the part of the medical doctor. This way, you will get justice for your child.

Facts and Statistics: Understanding the Law on Juvenile Crimes

Juvenile Offenses

Juvenile Offenses in AlbuquerqueJuvenile Offenses in AlbuquerqueMany people see the youth as the future, or so it seems. If they are fast becoming a liability more than society’s asset, you would be forgiven for shrugging it off as something that is a natural part of normal democratic society. Unfortunately, 1 out of 5 crimes are committed by individuals below the age of 18. What is even more shocking is that close to 35 out of 100 crimes were against property.

Juvenile Crimes

According to KufferLaw.com and other juvenile defense attorneys, any illegal activity that violates the inherent rights of other people — both or either related to themselves and/or to their properties — are considered as juvenile crimes or juvenile offenses.

To put it simply, anything that an adult does which the court considers as a crime can be classified as a juvenile offense if the suspect is anyone below the legal age.

Juvenile Violent Offenses

About 17 out of every 100 violent crimes over the U.S. are by young offenders. Close to 3 out of 10 youths are involved in robbery, while 17% face charges with forcible rape. Aggravated assault accounts for about 15 out of every 100 cases, while another 12% are charged with murder. What is disturbing in these figures is the fact that, at a young age, 12 out of every 100 teenagers are already more than capable of committing murder. This is no ordinary homicide as murder will almost always have the element of intent.

Juvenile Non-Violent Offenses

More than half of all non-violent offenses made by juveniles are related to arson, while 4 out of 10 youths engage in vandalism. Around 36% face motor vehicle theft charges, 35% for burglary, and 32% for larceny or simple theft. About 26% of youth offenders have been charged with disorderly conduct, while a quarter have been charged for violations on liquor laws as well as possession of deadly weapons. Around 13% are charged with drug abuse and 17% for sex offenses other than forcible rape.

These are only some offenses that juveniles are known to commit year in and out. If you are going to analyze the growing juvenile criminality, it would seem that these figures more than explain the crimes committed by adults. What is quite disturbing, nonetheless, is that these are supposed to be the future of society.

All these doesn’t need to have a sad ending, though. If your child is facing juvenile charges, you can help them make a change and face lighter charges by hiring professionals.

Contributory and Comparative Negligence: What if You’re Partially at Fault?

Comparative NegligenceComparative NegligenceAccidents unfortunately happen every day and the same incidents lead to people suffering from injuries varying in severity. The first thing that comes to mind in such cases is the question of who is at fault. Both parties will make a claim and seek damages, but both sides may be liable because of contributory and comparative negligence.

Contributory Negligence

To prove that a defendant was at fault, the case must meet all the elements of negligence. Certain cases, however, involve both parties being partially at fault.

Contributory negligence involves conduct that leads to unreasonable risk to one’s self that may result in an accident. The concept behind this is that a person has a duty to act reasonably in any situation. When an individual fails to do so and causes harm, he or she may be partially or entirely responsible, even though there was a third party involved.

When an injured person files a claim, the defendant has the option to make a counterclaim based on contributory negligence. This states that the injury occurred partially because of a plaintiff’s actions. If proven, the plaintiff may not get any or only get partial damages because of their role in the injury. Law firms such as Osmond Associates can help you determine the degree of negligence or if you are partially at fault.

Comparative Negligence

Many states have adopted a comparative negligence approach for determining contributory negligence. In such cases, the amount of damages a plaintiff may receive will depend on each side’s degree of negligence.

Traditionally, courts perceived contributory negligence as a complete exclusion of receiving damages. If an injured person contributed to the injury, they will not get any compensation. To reduce this harsh outcome, many states adopted comparative negligence.

  1. Pure Comparative Negligence involves the totaling of a plaintiff’s damages and then later reducing to reflect his or her role in the injury.
  2. Modified Comparative Negligence involves plaintiffs not receiving damages, if he or she is equally or more responsible for their injuries. To recover damages, the plaintiff must not be more than 50% at fault.

Seek legal advice if you think that a plaintiff is partially at fault and their involvement is what caused injury. Once you prove the degree of negligence, you can make a counterclaim or resolve the case out of court.