What is the process for a parent to get approval to move while they have custody of a child?

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St. Petersburg, FL – Child custody brings up many unforeseen problems for parents who have to deal with the local court system. When there is a child custody case involving two parents, any parent who wants to move or travel for extended periods of time will need special approval from a judge. This is because the judge still has an obligation to maintain the best interests of the child, even if a move to a different jurisdiction is possible. 

Relocation issues in the local courts

Approval by a judge is required in Florida whenever a parent intends to move more than fifty miles away. The other parent with partial custody can also agree to the move. There will be a separate child relocation case generated once one parent files the appropriate documents to begin the process for approval. 

When the petition is filed with the family court, it needs to be served to all interested parties. This usually only includes the other parent. If the other parent does not file any kind of objection or response within a certain time limit, the petitioner will be granted a default judgment and be able to move. When one parent does object, they need to attend a hearing and give reasons based on facts why the move should be denied. This objecting parent also needs to give a formal statement that details their involvement with their child. 

Some families may be able to move without permission from the courts if there was never a custody or paternity case, however it is always best to check with a family attorney before a move. This is because the courts can take action against a parent who illegally moves away with their child. 

Parents who relocate without following proper procedures

A parent who simply moves without notifying the courts can face severe consequences. These can include being held in contempt, or having a mandatory hearing to determine custody. The parent who is in violation will likely have to pay all legal costs to correct the problem as well. 

Related child support issues

A related child support order will remain in place unless the parent subject to the order petitions for modification. A move may qualify as grounds to change a support amount, but judges decide this on a case by case basis. 

Advice from a local family law firm in Florida

The Law Offices of Yeazell and Sweet handle child support and custody issues for families in the St. Petersburg area. Anyone who needs help from a family law attorney can get in touch with the firm to schedule a meeting and learn more. 

Firm contact info:

The Law Offices of Yeazell and Sweet 

1901 Ulmerton Road, Suite 435, Clearwater, FL 33762 

727-851-9555 

yeazellandsweetlaw.com 

The Dangers of a Truck Fuel Leak in Massachusetts

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While there are many hazards associated with driving, many people often forget that the fuel we use to propel ourselves down roads and highways poses one of the most serious dangers. A fuel leak can quickly spell disaster for many motorists on the road. In the case of a truck fuel leak, the danger can be even more pronounced.

If you were injured in a Mississippi accident involving a truck fuel leak, you may be dealing with severe health problems. In some cases, these fuel leaks can even lead to the deaths of our loved ones. Whatever the case may be, it’s important to get in touch with an experienced, qualified attorney as soon as possible. These legal experts can help you approach this situation in an efficient manner, and you can seek adequate compensation for your damages.

Semi-Tanker Spills Gasoline Across the Road in Mississippi

In 2020, a semi-tanker flipped on a road in Hancock County, spilling gasoline across the pavement. No one was harmed, but it could have been much worse. Environmental teams were called to the scene of the accident, and it took them 12 hours to adequately clean up the spill. This particular truck was carrying 8,800 gallons of fuel, and one can only imagine what would have happened if this fuel ignited.

Why Truck Fuel Leaks are So Dangerous

Fuel leaks are always dangerous, whether you’re driving a car or a large truck. Gas is flammable, and all it takes is a small spark to ignite it. Even a cigarette can ignite the fuel under the right circumstances. Truck fuel leaks are even more dangerous, simply because there is more fuel to worry about. These large, commercial trucks often have to carry large quantities of fuel in order to get from one end of the country to the other.

Because there is more fuel, an ignition can cause a larger explosion, potentially harming more people. In addition, truck drivers may decide to continue driving in the presence of a small fuel leak, because many are concerned about meeting schedules. They may also be too fatigued to notice the leak in the first place.

Not Dealing With a Fuel Leak is an Example of Negligence

If you can prove that a truck driver was aware of a fuel leak and did nothing to address the issue, you can hold them liable for your damages. Ignoring a fuel leak is a clear sign of negligence.

Enlist the Help of a Qualified Attorney Today

If you have experienced injuries due to a truck fuel leak, get in touch with Williams Newman Williams, PLLC. We have considerable experience with a wide range of car accidents, including truck accidents. We understand how important it is for injury victims to receive compensation for their medical bills, missed wages, and other expenses. Book a consultation today, and we’ll help you pursue a positive legal outcome in an efficient manner.

 

 

Williams Newman Williams, PLLC

 

Jackson Office
601-228-6722
129B South President Street
Jackson, MS 39201

Sexual Harassment Laws In New York

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Sexual harassment affects over a million different people each year in the US. According to the Equal Employment Opportunity Commission (EEOC), the vast majority of incidents end up going unreported. This is for a variety of reasons, namely because of fear of losing one’s job, losing one’s reputation, or fear of not being believed. 

 

If you were the victim of sexual harassment in the workplace in New York, know that you may be entitled to compensation under the law. Get in touch with an experienced New York-based sexual harassment lawyer today to find out more.

 

How do I know if what I’ve been through is illegal or not? 

 

The EEOC’s defines sexual harassment as: “Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when:

 

  •  Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, or:
  • Submission to or rejection of such conduct by an individual is used as a basis for employment decisions affecting such individual, or:
  •  Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment

 

The keyword here is really “unwelcome,” and lawyers break up all sexual harassment lawsuits into two categories. They are: 

 

  • Quid pro quo
  • Hostile work environment

 

Quid pro quo is when sex or sexual favors are used in some sort of attempted exchange. A classic example is someone’s boss or supervisor offering to promote them in exchange for sleeping with them. Often times victims are able to prove that they were punished in some way for refusing the offer, either by being demoted, excluded, or suffering some sort of job-related consequence. 

 

Hostile Work Environment is when the victim is subject to some type of sexualized behavior that literally puts them in a “hostile work environment.” This can be a lot of different things, but some common scenarios are: 

 

  • Unwanted touching, kissing, or sexual advances
  • Constant invitations for dates or sex, spamming someone’s phone
  • Stalking, following someone around, waiting by their car at the end of the day
  • Unsolicited nude photos or pornography

 

What are the laws on sexual harassment? 

 

Most sexual harassment lawsuits cite Title VII of the Civil Rights Act of 1964. This is a federal law that applies to all companies, public and private, with 15 or more employees. New York also has its own state-level labor code that applies to all employers, regardless of size. 

 

The begin the legal process, anyone wishing to file a lawsuit must first file a complaint with the EEOC with 300 days of the last incident and potentially participate in an investigation. 

 

Are you in need of legal assistance for a sexual harassment incident in New York? 

 

Regardless of whether you’re in New York City or West Candor, qualified sexual harassment attorneys are waiting to assist you today. 

How does the doctrine of comparative negligence factor into claims after an auto accident in Florida?

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West Palm Beach, FL – After a car collision, there is an investigation to determine fault and other important matters related to the accident. A person who is injured may want to sue the party who is responsible, but there are a number of limitations and rules that come into play during the insurance claim process and a potential lawsuit. Legal advice from an experienced attorney is recommended for anyone going through these issues to preserve their chances for the maximum amount of compensation. 

Negligence laws in Florida

Florida has its own specific negligence laws like every other state. As a threshold matter, the plaintiff must prove all four elements of the action to prevail. However, negligence laws have also adapted over the years to the fact that fault for an accident is not absolute. This situation where both parties are partially at fault is when comparative negligence is most important. 

Comparative negligence allows fault for an accident to be divided between everyone involved. This means each party may be assigned some level of fault, as long as they all add up to one hundred percent. There is also no level of fault that will prevent one party from suing another, so it is possible that multiple plaintiffs can emerge from the same accident. 

It is practical to always bring a negligence lawsuit

There are many things that can determine whether a lawsuit is necessary after a collision. The most important factor in many cases is the severity of the accident. If someone only has to deal with vehicle damage or very minor injuries, the insurance claim process is likely sufficient to pay the victim for these kinds of losses. There is also personal injury protection in Florida that covers up to ten thousand dollars on most standard car insurance policies. 

A severe accident is usually much more expensive. This can be due to a combination of lost income and wages, property damage, and medical treatment and hospital bills. If the victim’s quality of life is severely affected, their attorney will likely ask for a significant amount of non-economic damages for emotional pain and suffering as well. As a general rule, anyone who has been seriously injured in a collision should talk with a lawyer about the best possible course of action to get more specific advice. 

Legal help in the West Palm Beach area

The attorneys at Smith and Vanture have extensive experience in handling all aspects of an accident lawsuit. It is possible for anyone who has been injured to schedule a meeting with the firm to discuss their situation and learn more about civil cases. 

Firm contact info:

Smith and Vanture

580 Village Blvd. Suite 200, West Palm Beach, FL 33409

561-684-6330

[email protected]

smithvanture.com

How is a truck accident case developed against negligent parties in Midland Texas?

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Texas – April 6, 2021

Tractor trailer truck accidents often cause substantial catastrophic bodily harm, including traumatic brain injury, spinal cord damage, or loss of limbs, and increased property damage that insurance policies may not cover.  Significant life changes, lifelong medical treatment, and the devastation of losing a loved one’s personal, emotional, and fiscal support because an accident results in death may be addressed through legal action to pursue remedy with the assistance of seasoned Texas truck accident lawyers.

Identify responsible parties.

Multiple parties can be named in truck accident lawsuits including the trucking company, drivers if they are negligent with “hours of service” requirements, or distracted driving actions, and employees who are responsible for cargo loads, as well as manufacturers who provide defective parts to companies that may have caused the accident.  An experienced personal injury attorney can distinguish who may be named as a party after reviewing preliminary evidence from the accident scene.

Building a truck accident case.

Consultation – An experienced personal injury attorney will need to ascertain if a person’s accident damages can be addressed through insurance claims, settlement, or court awards.  Consultation with an attorney is helpful regarding valuation and assessment of damages.  There are cases where defendants will want to avoid further court action, and they, or legal counsel representing them, will try to work out a settlement deal. During the initial consultation, a lawyer will request:

  • details of the accident,
  • available documentation of injuries resultant from the accident,
  • the date the accident victim noticed injury, or symptoms of injury,
  • when and how often medical professionals were involved in treatment, and
  • past medical history.
  • After review of the requested information, legal counsel will guide victims’ actions to build a case to move forward with a court action, try to settle with the insurance company, or decide that the case does not warrant any further action then what is required of insurance carriers.

Filing a claim – Once a lawyer determines that grounds for a viable lawsuit exist, they will prepare a statement of claim notifying previously identified defendants that they are being sued for the accident, laying out all relevant facts within the document and the requested amounts for damage compensation.

Discovery – When a settlement is not possible, critical accident information and relevant facts must be collected and reviewed. A personal injury lawyer will help accident victims gather all medical records, insurance forms, and other documents which are relevant to the truck accident claim.  The discovery phase may inspire settlement discussions by either party.

Mediation – An informal settlement meeting may be requested where the mediator will assist the parties in exploring the potential for settlement.

Moving to trial – If an accident case cannot be settled in mediation, it will be set for a court date, and a pre-trial conference may be set before a judge to ascertain  the possibility of ironing out differences and resolving a case before it goes to trial.  If that does not happen, then the action will be moved to trial.

Hire an attorney.

The Cooper Law Firm has the resources to move forward toward a proper insurance settlement, or court award that is unique to each truck accident case.   An experienced injury attorney will fight for a victim’s right to damage compensation.

Cooper Law Firm
Mailing Address: P.O. Box 2222
Longview, TX 75606

Physical Address: 501 N Third St,
Longview, TX 75601

Telephone ; (903) 297-0037
Toll-Free: 1-855-297-HURT (4878)
Facsimile: (903) 236-0035

Sources:

https://www.tdi.texas.gov/consumer/auto-insurance.html

https://statutes.capitol.texas.gov/Docs/TN/htm/TN.601.htm#601.051

https://statutes.capitol.texas.gov/Docs/SDocs/CIVILPRACTICEANDREMEDIESCODE.pdf

What are DACA recipients entitled to?

What are DACA recipients entitled to?

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Atlanta, GA—Individuals who are interested in applying for Consideration of Deferred Action for Childhood Arrivals (DACA) or recently had their DACA application approved might be wondering what benefits they are entitled to. The most important, of course, is protection from deportation. The DACA program was designed to protect individuals who arrived in the U.S. as children from being entered into removal proceedings for a certain period of time.

The DACA program was established on June 15, 2012, and although it has received some scrutiny from lawmakers, it is currently in full effect.

 

Things DACA Recipients Are Entitled To

 

In addition to being protected from being deported for two years at a time, DACA recipients might also be eligible to receive the following benefits:

  • Obtain a work permit. When an individual applies for DACA, they are also required to submit Form I-765 as well as I-765 Worksheet. If USCIS determines that an individual qualifies for DACA, they will usually provide them with an EAD, or an Employment Authorization Document (EAD). An EAD allows an individual to legally work in the U.S.
  • Apply for renewal. As mentioned, DACA recipients are granted protection for two years at a time. If they maintain good status and continue to qualify for this benefit, they can submit a DACA renewal request so that they can continue to live and work in the U.S.
  • Obtain a Social Security Number (SSN). With a valid SSN, individuals can apply for credit cards, file taxes, etc.
  • Obtain a driver’s license. Being able to drive is a big plus for many individuals who need to get around, whether it is to go to school or work. Between having a job, SSN, and a driver’s license a DACA recipient may be able to get a vehicle in their own name and build their credit.

 

Things the DACA Program Doesn’t Do

 

While it certainly helps an individual to be granted DACA status so that they are able to live and work in the U.S. without having to worry about being deported, there are certain benefits DACA recipients are not eligible to receive. As a DACA recipient, an individual will not be:

  • Considered as having lawful status.
  • Entitled to receive certain types of government benefits such as food stamps.

 

Get Help With Applying for DACA in Atlanta, GA

 

If an individual is considering applying for DACA or is ready to start the application process, the Atlanta, GA immigration attorneys at Kuck | Baxter Immigration are prepared to help. The attorneys at this firm will first check to be sure the individual meets all of USCIS’S eligibility requirements and then help them get their forms filled out and filed.

In addition, the lawyers at Kuck | Baxter Immigration will also help an applicant identify what forms of documentation they need to prove they qualify for DACA benefits. For those who are interested in applying for DACA or have questions they can’t find a clear answer to, they are encouraged to contact Kuck | Baxter Immigration 404-816-8611 to schedule an initial consultation.

 

Kuck | Baxter Immigration can be reached at:

 

365 Northridge Road, Suite 300

Atlanta, GA 30350

Phone: 404-816-8611

Website: www.immigration.net

How long does it take USCIS to process a DACA application?

How long does it take USCIS to process a DACA application?

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Atlanta, GA—After an individual submits their Deferred Action for Childhood Arrivals (DACA) application, it can take time for U.S. Citizenship and Immigration Services (USCIS) to get it processed. This is because it takes time for USCIS to actually receive the application, get it processed through their system, and get it reviewed by the agency.

USCIS does say that the agency generally tries to get DACA renewal requests processed within 120 days after receiving them, therefore, the timeline may be the same or a bit longer for first-time DACA applications.

 

Is there any way to speed up the DACA application process?

 

There are certain factors that can help speed up the DACA application process and it involves retaining an Atlanta immigration lawyer. When an individual is applying for DACA, USCIS requires that they not only submit Form I-821D, Consideration of Deferred Action for Childhood Arrivals, Form I-765, and I-765 Worksheet, but they generally are also required to submit certain types of documentation that prove they qualify for DACA.

Because applicants don’t always know what forms of documentation they need to submit, they often miss one or two things which slows down USCIS from processing their application. Therefore, if an individual wants to reduce the chances of this happening and having their application delayed, they can retain an Atlanta, GA immigration attorney who will help them gather all the forms/evidence they need to submit the first time around.

 

Can DACA applications be expedited?

 

USCIS does not expedite DACA applications, and therefore, if an individual is informed by a company or person that they can help them get their application processed much quicker by going through them, it is likely a scam. Unfortunately, there are many individuals who pose as reputable companies who claim they can help vulnerable individuals get their DACA applications processed quicker and cheaper.

Because USCIS is the only government agency that is responsible for accepting and processing DACA applications, individuals should only be applying through this agency and they should only rely on an Atlanta, GA immigration lawyer to help them with the application process.

 

How can a DACA applicant check on the status of their case?

 

After an individual applies for DACA, they can check the status of their case by using the Case Status Online tool or by logging into their USCIS online account. USCIS does process cases in the order in which they are received, therefore, the more individuals that are applying for DACA, the longer it could take the agency to get their application processed.

 

What if USCIS is taking a long time to process a DACA application?

 

If an individual is finding that their DACA application is taking longer than expected to get processed, they can contact USCIS or even Kuck | Baxter Immigration for help. The Atlanta immigration attorneys at Kuck | Baxter Immigration dedicate themselves to helping individuals obtain the immigration benefits they are entitled to by helping them with applying and addressing any issues that arise.

To schedule a time to speak with an immigration lawyer at Kuck | Baxter Immigration to discuss questions or concerns regarding DACA, call 404-816-8611.

 

Kuck | Baxter Immigration can be reached at:

 

365 Northridge Road, Suite 300

Atlanta, GA 30350

Phone: 404-816-8611

Website: www.immigration.net

What if a driver causes an accident in Live Oak, Florida and they don’t have car insurance?

What if a driver causes an accident in Live Oak, Florida and they don’t have car insurance?

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Drivers in the State of Florida are required by law to carry the following types of insurance coverages1:

  • At least $10,000 in Personal Injury Protection (PIP) insurance
  • A minimum of $10,000 in Property Damage Liability (PDL)

Drivers who neglect to meet the minimum insurance requirements are financially liable for covering any damage they cause. In addition, if they cause someone to suffer injuries, they can also be held accountable for paying for the victim’s medical care, lost wages, and any other losses they incurred.

 

How can the victim of a car accident involving an uninsured driver recover compensation?

 

Fortunately, Florida does follow no-fault insurance laws which means that if a driver is involved in an accident with an uninsured driver, they shouldn’t lose hope in recovering compensation for their injuries, lost wages, and more. Because Florida requires its drivers to carry PIP insurance, drivers are able to recover compensation from their own policy.

A driver who is involved in a car accident with an uninsured motorist in Live Oak, FL is generally entitled to collect up to $10,000 in PIP benefits given they are entitled to it. This can help them pay for medical care, transportation costs, lost wages, etc. Accident victims should be aware that the State does require that the individual seek medical attention within 14 days after their accident in order to recover compensation for injuries using PIP coverage.

If the accident victim has additional coverages added onto their policy, then these may help them afford other accident-related expenses.

 

What if a car accident victim’s insurance isn’t enough to cover all of their losses?

 

Because the driver who caused the accident was uninsured, they automatically become liable for providing the victim with financial relief. Of course, the victim will need to prove that the driver was liable for causing the accident.

In order to recover compensation from an uninsured driver, a victim will need to file a civil lawsuit against them. This generally needs to be done in the county where the accident transpired. In the lawsuit, the victim will be able to request that the driver who caused the accident provide them with financial relief for any of the following that applies:

  • Pain and suffering
  • Past and future medical expenses
  • Lost wages
  • Loss of consortium
  • Mental anguish
  • Loss of enjoyment of life

 

If an individual was recently involved in a car accident in Live Oak, FL with an uninsured driver, they can contact a Live Oak accident lawyer who will explore what resources are available to them so they are able to recover the compensation they are due. In the event a driver needs to file a lawsuit against the at-fault party, the Live Oak, FL accident attorneys at Koberlein Law Offices would be happy to help them.

The lawyers at Koberlein Law Offices are not only qualified to help a car accident victim file an insurance claim but will also assist them with the lawsuit process.

 

Koberlein Law Offices can be reached at any of their office locations listed down below:

 

118 Ohio Avenue N, Suite A

Live Oak, FL 32064

Phone: 386-516-2626

Website: www.klo-attorneys.com

 

855 SW Baya Drive

Lake City, FL 32025

Phone: 386-269-9802

 

8443 SW 14 Lane

Gainesville, FL 32607

Phone: 352-519-4357

 

Source:

  1. https://www.flhsmv.gov/insurance/

Queens, New York, What to Avoid During Divorce

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During the divorce process, there are many concerns that may arise and that individuals may unavoidably gravitate to. However, there are certain actions that should be circumvented at all costs, so a person goes through a smooth transition and they do not end up spending an unnecessary amount of time and energy on concluding their divorce.

One of the biggest mistakes individuals make in terms of the divorce is when they wait too long to file the divorce. Anyone who is being abused needs to make sure they take the necessary steps to get to safety as soon as possible and they should not delay the process. Individuals should also keep themselves informed and they should understand that their house, car, pension, business, and real estate will all be subject to distribution between the spouses, and they will not just be able to walk away with whatever assets they desire.

Apart from taking a long time to file the divorce, another common mistake made in such cases is when someone files an unnecessary fault divorce. Even if a spouse was financially abusive and they are not the best of character, they will still likely get joint custody and access to the children. Unless there was severe abuse done to the children, filing a fault divorce is not a good option and individuals should file for an amicable divorce instead. If a person makes it to trial, then the judge gets the power to make the decision and a person can no longer make the decision for themselves.

Anyone going through a divorce should get in touch with a divorce attorney as soon as possible to make sure they are getting as much out of it as possible and to ensure their rights are not being overstepped. Individuals should also keep in mind that they do not have to move out of the matrimonial home. Instead, they should try to get an order of protection and they should only move out if they do not feel safe residing with their spouse under the same roof during such tense times.

What Assets Are Considered Safe During a Divorce in Queens, New York?

The truth is, almost no assets are considered safe during a divorce in New York. Any assets that were accumulated during the marriage, including personal bank accounts, cars, and collections are all possible candidates for equitable distribution. However, if a person receives an inheritance or they had assets and property before the marriage, then these count as exceptions, and they will likely not be included in the distribution process.

Get in touch with a divorce attorney at the Law Office of Charles Zolot today to get help with filing for divorce.

Reach them at:

37-06 82nd Street

Jackson Heights, NY 11372

Phone (718) 779-6545

Fax (718) 779-6640

Fort Myers, Florida, The Elements of a Crime

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Every crime that takes place must fit a certain concentration of elements. These elements must be prosecuted to prove that the defendant truly did carry out that crime, to begin with. Anyone who is convicted of a crime or is being accused of a crime should speak out to a criminal defense lawyer as soon as possible so they can begin working on their case and building a defense, so they do not get charged unjustly in court.

Once a person is arrested, they are usually first brought into the local county jail to undergo the initial processing. In this step, they have their personal information and biographical information recorded to determine if they have any sort of prior criminal history. Anyone who is confronted by police has the right to remain silent. This right should be exercised as many times officers try to lock in a statement from a person and they will manipulate the conversation to get a person to say the words they need to convict them.

In many cases, the best defense a person has is to remain silent until they can get the legal expert advice of an attorney on their side. Once a person goes through the initial process at the police station, they will have to go through the first appearance or what is also known as magistrate court.

They will undergo this hearing within 24 hours of their arrest and in this time the judge will read out the criminal charges and any past criminal history a person may have. The charges may or may not entitle a person to bond and this varies from case to case.

How Long Will a Criminal Case Last in Fort Myers, Florida?

The amount of time a court case will take depends on the complexity of the crime and other factors such as the county they were charged in and whether they committed a misdemeanor or a felony act. Whether a person is guilty or innocent, they should speak to a criminal defense attorney, so they get the assistance they need in defending themselves and possibly reducing their charges as well.

If a person tries to take matters into their own hands, they will likely miss important legal rules, and this could lead to serious consequences and worsening of penalties in the court.

No one should have to fight their case alone, and a criminal defense attorney at the Law Office of Robert Foley can help a person get the help they need and make the required statements, so they are not unnecessarily penalized in court.

Get in touch with them here:

(239) 690-6080

[email protected]

2259 Cleveland Ave,

Fort Myers, FL 33901