Posted on November 09, 2018 in Family Law

If you and your spouse have gone through the divorce process, but are still willing to raise your child together, you will be undertaking the responsibilities of co-parenting. Co-parenting has both parents share the parenting duties of the child even after the divorce and comes with its own challenges. The parents will need to create a parenting plan. After a divorce, some people feel a need to relocate and get a fresh start in life. If you feel the need to relocate and are co-parenting your child, it will create challenges. It is important to recognize them and prepare for them before you make the decision to move.

The Distance

Obviously, the first factor that needs to be taken into account is how far away you are planning on relocating, and the different situations that will arise if you are the custodial parent or the non-custodial parent. The custodial parent is the person with whom the child spends the majority of their time. Due to the amazing technology available today, it is easier than ever to be present in someone’s life without being physically near them. However, being farther away is still going to mean that the non-custodial parent will have less overall time to spend with their child and it will be harder to negotiate how the child spends their time.

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 Posted on November 07, 2018 in Immigration

Given the capricious and very often cruel attitude of the current federal administration with regard to immigration proceedings, those who have to go through them have learned to try and be ready for anything. One of the things that will often come out of nowhere is a Request For Evidence (RFE), which can be sent at roughly any point during an application to adjust status, or while someone is in removal proceedings. Understanding what they are and what is required can be an enormous help in ensuring they are handled appropriately.

An RFE Is Not a Denial

It is critical to understand that an RFE does not mean an automatic denial - but failure to respond to one will absolutely raise the probability that your application for whichever immigration benefit will be denied. An RFE is literally a request for evidence, meaning that the immigration official currently reviewing your case would like more evidence regarding a certain part of your application, as without the information, they do not feel they can make an informed decision.

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 Posted on November 05, 2018 in Personal Injury

Escalators are a ubiquitous part of today’s life. From allowing people to get quickly and efficiently to train platforms, to traversing the various levels of airports, in many cases, escalators have replaced stairs as the preferred method of traveling between levels. However, escalators are mechanical machines with many moving parts, and, in some case, these parts do not stop moving merely because a human part gets in the way. Further, children sometimes look at escalators as a type of amusement park attraction and will attempt to “ride” the escalator, increasing the risk of an injury. When escalator accidents do happen, retaining the services of an experienced personal injury attorney can be the difference in collecting reimbursement for injuries or being forced to pay out of pocket.

Recently, a Pawtucket, Rhode Island man was killed after falling off an escalator in a mall. A witness told a news crew on the scene that the man was initially “clowning around,” riding on the rail of the escalator, and fell off, hitting his head and suffering severe head trauma.

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 Posted on October 29, 2018 in Family Law

If you and your significant other are entering into the divorce process, it can put a strain on your finances. Divorces can sometimes be a costly process, especially if it is a contested divorce and you and your spouse cannot agree over anything. The court process often leads to people having to take a hard look at their finances to determine how they can pay for everything now that they are alone. The divorce process is difficult on your finances, but it can be less difficult if you follow the tips listed below.

No Impulsive Decisions

Divorce changes people. It can be for the worse, or for the better. For a period of time, many people will feel distraught about their relationship ending and might make impulsive decisions such as buying a boat or motorcycle or moving to a new city without any planning. It is important to wait until you are sure you have processed the divorce before making those types of financial decisions.

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 Posted on October 24, 2018 in Immigration

On September 24, 2018, the Department of Homeland Security published a proposed draft of alterations to be made to immigration rules surrounding public assistance. The suggested rule change would drastically expand the categories of public assistance which would have a negative effect on a later green card or citizenship application. This has been proposed before, but the proposal is now more fleshed out and stands a chance of being adopted. This could pose real problems for immigrants later on.

A Racist and Ableist History

The initial public charge law came into being in the 1880s, before the Chinese Exclusion Act, and it explicitly barred “idiots, lunatics, convicts” and anyone “likely to become a public charge,” arguing that immigrants must be able to support themselves financially and be self-sufficient. The law was rigidly enforced until after World War II when its enforcement began to dwindle upon the general public becoming more aware of its eugenic roots. Public charge has remained on the books, but only selectively enforced, since then, though it briefly was in the news in the 1990s after efforts at welfare reform.

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 Posted on October 23, 2018 in Personal Injury

Traveling in a car or other motor vehicle always includes the risk of being in a car accident, but if drivers use care to operate their vehicles responsibly, this risk is relatively small. Unfortunately, not all drivers appreciate the need to act reasonably, and some even engage in reckless driving, which puts everyone in the vicinity in danger of being injured. Traveling at high speeds, weaving erratically in and out of traffic, and ignoring traffic signals are all examples of behavior that could be reckless. If another driver or passenger is injured because of a person’s reckless behavior, he/she will likely face legal liability for the harm caused.

The accidents that result from reckless driving are some of the worst on the road, and can greatly alter the lives of the victims. A man in Elkville was recently arrested for reckless driving near local schools, following multiple instances of erratic driving, including speeding past school buses unloading children. While, thankfully, no one was hurt, this situation illustrates how serious reckless driving can be, and shows that it can implicate not only liability for a personal injury but also criminal consequences if egregious. A discussion of what it means to engage in reckless driving, and the potential liability these drivers face if an accident occurs that results in injury, will follow below.

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 Posted on October 18, 2018 in Family Law

Guardianship is a legal process that gives one person legal authority over another. The most common use for guardianship is a family member or close friend of a child’s parents becoming guardian over a child or other family member. However, that is not the only use for guardianship. It is also used for disabled adults who can no longer take care of themselves due to mental and/or physical incapacitation.

Types of Guardianship

The role of a guardian depends on the disabled person:

• Personal guardians will make decisions relating to medical needs, residential placement, and other needs.
• Estate guardians will make decisions on the funds and assets of the incapacitated individual.

There are also divisions for the amount of freedom given to the guardian. The court reviews the decision-making capabilities of the disabled person and makes a decision to appoint the guardian as one of these types:

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 Posted on October 17, 2018 in Immigration

Most of the immigrants in the United States do work, including some who are present without inspection, and sometimes it can be a bit of a balancing act between immigration law and employment anti-discrimination provisions for employers. Conversely, an employer may try too hard to abide by immigration regulations and comply with E-Verify regulations, and wind up breaching an employee’s rights. Having at least a basic understanding of the whole picture can help clarify matters for you so that you can take appropriate measures if you feel your rights have been infringed.

What Is E-Verify?

E-Verify is a program instituted in 1996 that allows businesses to test whether their workers are in valid immigration status upon hiring (it is not permitted by law to test workers after their hiring date). The program compares the data from an employee’s I-9 form, the Employment Eligibility Verification Form, to the national database. If the information matches, the employee is deemed eligible to work. If not, the employer will be alerted and the employee will either have to sort out the error, or they will be treated as having committed an immigration violation.

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 Posted on October 16, 2018 in Personal Injury

Getting behind the wheel of a car is inherently risky, but when someone chooses to drive drunk, the danger is exponentially increased. Car accidents happen every day, and sometimes people are hurt, but accidents involving drunk drivers tend to be much more serious because intoxicated drivers tend to drive quite erratically and can unknowingly cross over into oncoming traffic, or enter a highway from the wrong direction. The resulting injuries can be devastating, and force the victim to incur high medical bills and months or years of lost wages trying to recover. In some cases, the victims do not survive, and the need for compensation by the family is even greater.

As an example, a Waukegan woman was charged with DUI and aggravated DUI causing death when she ran a red light and killed a married couple in the ensuing crash. The woman was found to be intoxicated at more than twice the legal limit. However, criminal culpability for driving while intoxicated does not automatically equal civil liability for car accident injuries. Fault must still be proven, and in drunk driving cases it is important to look at the responsibility of both the driver and the establishment who served the alcohol, as both could be liable for accident injuries. A discussion of how drunk driving impacts a car accident personal injury case, will follow below.

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 Posted on October 12, 2018 in Family Law

There were over 2 million marriages across the United States in 2016. There were also over 800,000 divorces in 2016. Divorces happen all across the country for a variety of different reasons. Each couple has their own issues, which may lead to one person feeling the need to file for divorce. Overwhelmingly, the woman in the relationship is the one who files for divorce. In a study done by sociologist Michael Rosenfeld at Stanford University, it was found that 69% of divorces were initiated by women.

Reasons

Why would women be the first to file for divorce in so many cases? Some of the possible reasons are listed below:

• Women may be more attuned to relationship difficulties. If a woman feels there is a problem with a relationship that a man does not notice, they would be more likely to file for divorce. Even if a man does know there is an issue, he may have a different opinion about how much of an issue it is, which can lead to the woman feeling the issue will never be fixed.

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