Child custody may arise because of a number of reasons, such as divorce, parental deaths, and even domestic violence cases. Whatever the reason may be, it doesn’t change the fact that child custody is one of the most argumentative and emotional subjects in a family court, and there is good reason for this. After all, we are talking about a child here, and custody can make or break parental relations.
According to the website of these San Antonio child custody attorneys, there are different kinds of custody, such as physical custody, or where the child will spend time, and legal custody, or who will make decisions about the child, such as for education and health. What custody will be utilized will depend on a case to case basis.
But even though there are different kinds of custody, they share one all-encompassing concept – it is for the best interest of the child. Yes, the best interest of the child is the top priority in all child custody cases. But what is best interest anyway? It may include a lot of factors, such as the following.
Parents’ Capability to Provide
A parent has a lot of financial responsibilities – food, shelter, education, healthcare, especially if the child has a permanent condition, among others. For the best interest of the child, a parent that has more financial power is likely to get a favorable response from the family court. This includes the parent’s age, skill marketability, job stability, medical condition to work, and overall economic standing.
Parents’ Relationship with the Child
Take note that custody is not absolute, in the sense that a parent who has been given custody will have full authority and the other parent will not have any. That is the reason why there are different kinds of custody. But this can change if a parent’s relationship with the child is detrimental. For example, a father who has been proven to abuse his child will have very limited custody and visitation rights, and there may also be instances where there will be a court order to completely remove his access to the child.
The parent that has a better overall relationship with the child will be given the advantage when it comes to child custody.
There are also conditions wherein the child will already have a voice, whether he wants to go with the father or the mother. Though this can be a huge factor in child custody cases, the family court still has the best interest of the child in mind, and sometimes, this doesn’t necessarily coincide with the child’s preference. Preference is a factor, but it is not absolute.
The needs of the child can be highlighted here. For example, a child wants to go with his mother, but his father is the one that has more financial capability, knows more about his medical condition, and has more maturity to cater to his needs. The father may be more favorable for the family court.
Rape occurs when a person engages in sexual activity with another, who is usually forced to do it because of abuse of authority, coercion, physical force, or violence. It also occurs when a person engages in sexual activity with another who cannot give consent, like someone who is unconscious or intellectually challenged.
On the other hand, statutory rape occurs when a person engages in sexual activity with another who is not yet legally allowed to give consent. Unlike rape, statutory rape doesn’t automatically mean that the victim has been forced to engage in sexual activity. This can make statutory rape an intriguing legal challenge for both alleged suspect and victim.
However, according to the website of these Nashville sex offense attorneys, statutory rape can be defended. Below are some of the defenses you can use.
Laws of the State
There are some jurisdictions that have Romeo and Juliet laws, which can be used as a defense against statutory rape charges. Romeo and Juliet laws can reduce or eliminate penalties when the alleged suspect and victim have minimal age difference and technically had consent.
For example, if the man is a 19-year-old and the woman is a 16-year-old, it can still be legally considered statutory rape, because the 16-year-old cannot legally give her consent. But if they have had sex on their free will, like when they are a couple, and the sexual activity would not be considered forceful if the young woman was 18-year-old or older, it is a possible defense, especially if the age gap between the two is not significant.
Mistake in Age
Since the core idea behind statutory rape is underage sexual activity, it is possible to defend charges by proving that you have made a reasonable mistake on the victim’s age, like when the victim has intentionally deceived you in a way that will make him or her more mature.
However, it is important to note that ignorance is never a good excuse of committing an offense, and this can be considered as a poor or unviable defense on some states.
Getting married is one of the highlights of life, but there are instances where misunderstandings and whatnots are so exhausting physically and emotionally that you are willing to end the relationship altogether.
According to the website of the divorce lawyers of Kirker Davis LLP, divorce can have complex legal processes involved, such as distribution of property, child custody, spousal support, and child support. So, if you really want a divorce, make sure that you are ready for all its legalities. Below are some signs that may show that getting a divorce is worth all the trouble.
Communication is non-existent
Communication is one of the key areas of relationships. If the husband and wife don’t make the effort to communicate anymore, it may be a sign that they don’t care anymore. Discussing problems, hearing each other out, and forming a connection through communication are all important aspects of a marriage.
Fights are common and violent
Maybe you stopped communicating because you have nothing to say to your partner anymore. All you can do is criticize your partner’s move. In worse instances, you can’t even stand your partner anymore. You fight over the same things repeatedly, and you dwell on those fights for a long time before you recover a bit and fight again. Your fights are also violent, in the sense that you don’t use humor anymore to lighten the mood, and you are not willing to back down just to salvage the relationship.
There is an invisible wall between you and your spouse
After fights, you tend to build a wall between you and your partner. This may be a good way to deescalate arguments, but in the long run, it just causes alienation and separation between husband and wife. In worst cases, you may even feel that your partner has turned into a stranger, as if you are living separate lives even though you are on the same roof. You would rather be alone than do anything with your partner.
You don’t trust your partner anymore
Like communication, trust is one of the cogs that make relationships work. If you have little to no trust towards your partner anymore, because of all the arguments and whatnots that you two have gone through, it may be a sign that the marriage is failing. You also have daydreams about not being with your spouse, worse, about being with someone else.
Being bitten by a dog is a harrowing experience. More than the emotional trauma incurred by the victim, s/he may also be subject to treatments and medical fees that may put a strain on his/her time and finances. If you have been bitten by a dog, it is good to know that there are laws in our country that defend us against dog bite damages. Here’s what you need to know about dog bite statutes.
One Bite Rule
This rule, which was adapted from England’s common-law centuries ago, implies that a dog is allowed “one free bite” before the owner becomes liable for any legal action. The logic behind the ruling was because pet dogs are tamed, owners don’t have an idea about their dog’s propensity to do harm. However, in the U.S., states that implement one-bite rule don’t necessarily allow all dogs to have their first bite free of any legal charges. For instance, according to the website for San Diego personal injury attorney Ritter and Associates, breeds that are known to be inherently dangerous are exempted from the one-bite rule.
States where a one bite rule is applied include Alaska, Arkansas, Idaho, Kansas, Maryland, Mississippi, New Mexico, New York, North Dakota, Oregon, South Dakota, Texas, Vermont, Virginia, and Wyoming.
Strict Liability Rule
Most states in the U.S. are implementing strict liability ruling for dog bite cases. In a strict liability rule, the dog owner is responsible for the damages incurred by a victim, given that the victim is legally allowed to be in the premises (not a trespasser), and that s/he did not in any way provoked the dog. But according to the website of Habush Habush & Rottier S.C. ®, the most important, yet the trickiest, part in proving liability is determining if the party involved is the legal owner or keeper of the dog. When ownership is established, the plaintiff may then proceed with proving that the owner’s negligence caused him damages.
Listeriosis, or listeria disease, is a health condition caused by a bacterium called Listeria monocytogenes. Although this disease is self-limiting for most healthy people, at-risk individuals are prone to serious, sometimes life-threatening medical complications.
According to the Centers for Disease Control and Prevention (CDC), listeriosis can be a result of consuming products contaminated with listeria. Contaminated raw sprouts, cheese and other cheese products made of unpasteurized milk, and meat spreads, delis, and hot dogs contaminated with Listeria monocytogenes may all result in listeriosis.
Individuals exposed to Listeria monocytogenes may experience confusion, weakness, fever, vomiting, stiff neck and diarrhea 3 to 70 days after exposure. If you believe you have eaten food contaminated with listeria and are experiencing one or more of these symptoms, seek medical attention immediately for accurate diagnosis and prompt treatment.
Although poor food handling may result in listeriosis, the website of the Law Offices of Yvonne Fraser says that unsanitary manufacturing and packing of food products may also result in this health condition. Unfortunately, defective food packs falling through the cracks send thousands of people in emergency departments and hospitals due to food poisoning every year, resulting in millions of dollars lost due to medical expenses and loss of productivity.
According to the website of Williams Kherkher, having to deal with listeriosis due to a contaminated food product can be physically, financially, and emotionally distressful. So, here are some of the ways to ensure that what you are buying is safe from listeria contamination:
- Watch out for recalls – The U.S. Food and Drug Administration is constantly providing an updated roster of recalled food products, including those that have been pulled out of the shelves due to listeria contamination.
- Buy only what you know – Buying tried and tested brands, such as those that are locally produced, may reduce your risk of contracting listeriosis.
- Ground meat should be cooked well – Unlike whole chunks of steaks, ground meats both have the inside and the surface of the meat all mixed up. When ground, the pathogens from the surface of the meat may find its way into the deepest portion of the ground beef, making it harder to kill disease-causing germs.
Every individual has the right to dignity at work. As such, any acts that could harm or devalue a person’s dignity in the workplace is considered a crime. Knowing your rights could mean preventing all forms of harassment, including sexual harassment, to happen in the workplace.
According to the website of Cary Kane, sexual harassment accounts for a majority of work-related harassment cases filed in different courts across the country. At some point of their working lives, many Americans have experienced some sort of sexual harassment while at work.
In an article by the Huffington Post, survey revealed a very shocking truth: one of three women has been harassed sexually at their workplace. The survey, which polled 2,235 female workers, further revealed that sexual harassment at work now takes in many forms. What is more surprising is that, according to the research, 16% of women believed they had not been harassed even if they have experienced misconducts or false remarks that were inherently sexually, such as being called a ‘slut.’
In the past, sexual harassment has been defined by many as any physical advances that are sexual in nature. Now, women should be aware that they could also be harassed in any others, such as verbally, and even in Internet through social media. Furthermore, according to the Cary Kane website, they should also be aware about the industries where sexual harassment has been reported the highest: retail, hospitality and food service, legal, research, and arts and entertainment.
Sexual harassment, aside from taking various forms, also doesn’t exclude anyone – young, married, divorced. Of all the surveyed who reported that they were harassed, 19% of them reached graduate education, 45% of them have a bachelor’s degree, while 29% reached some college.
If you feel that you are being harassed, you are! Now, many employees see that quitting their work is their only option in dealing with work-related sexual harassment, but this should not be. You have to check first your employee manual’s sexual harassment code to know the steps in filing for a sexual harassment complaint.
After filing your report, your employer should investigate and do the necessary action to deal with your situation. But if he can’t, and he fails to provide a danger-free workplace for you, then you may consider forwarding your case to the Equal Employment Opportunity Commission.
Florida never fails to be on the top spot for spring breakers – Panama City Beach, Daytona Beach, Kaywest, Miami, and many more of these white, exciting beaches are hotbed of spring fun and exhilaration. And this is not just for the locals. Spring breakers across the country gather together on these vacation spots for a fun-filled escapade.
Accoridng to Time, spring breakers trudge to the shores of Florida since the 60s. However, during the 80s, when criminality was beginning to rise, various towns along the shoreline began implementing stricter laws to minimize the students’ dangerous behaviors. It even came to a point when Mayor Robert Dressler of Fort Lauderdale had to announce in a morning TV show that spring breakers were no longer welcome in their town due to unruly spring breaker behavior and increased criminality.
If spring break destinations are a perfect place to let loose, these are also perfect trouble spots. Here are the most common spring break charges:
- DUI – According to the Flaherty Defense Firm website, a charge of DUI may not only result in legal fees, it may also tarnish your reputation and could possibly affect your professional life. Ultimately, DUI may lead to irreversibly injurious, sometimes even tragic car crash.
- Drug charges – Drug use has been a major safety concern during spring break. According to the website of Brent Horst, Attorney at Law, among the most controlled substances ceased during spring breaks are heroin, cocaine, marijuana, and methamphetamine.
- Sexual abuse/rape – In March this year, Washington Times reported how Panama City Beach, Florida, was dealing with an increasing number of reported rape and sexual assault cases during spring breaks. Between 2007 and 2014, 42 known cases of rape have been recorded in the city, making it among the nation’s spring break destinations with high criminality rate.
- Assault – Spring break towns across the country are now implementing more stringent ordinances to fight against assault. These laws include barring of alcohol sales past a certain period of time and the prohibition of drinking alcohol on public parks and commercial lots.
Lead is a naturally occurring element found on the surface of the earth. This element is widely used for a myriad of different purposes. The manufacturing industry, for instance, depends so much on lead for storage batteries. Lead is also used in the building and construction industry as an insulator. In medicine, lead is used to shield against radiation in an x-ray room.
But apart from its benefits, lead consumption can be too dangerous for humans, especially among younger children. According to Karlin, Fleisher & Falkenberg, many cases of lead ingestion have been associated with children toys with toxic levels of lead. Unfortunately, lead exposure may result in serious harm that could be irreversible. One of them is a damaged nervous system.
Lead is known to damage the brain and the peripheral nervous system. Although anyone can develop nervous system disorders when exposed to lead, children are at highest risk because their brain and nervous system are still rapidly developing. Additionally, babies exposed to lead while in utero are more prone to irreversible brain damage. Children with a damaged nervous system due to lead exposure may experience speech and hearing problems, stunted cognitive development, and learning difficulties. They may also have shorter attention span and lower IQ.
The website of Ritter Personal Injury says tenants should be aware that some houses could have toxic amount of lead. For instance, pre-1978 houses are coated with lead-based paint. When this coat peels off, it creates a lead powder that could be inhaled by your kids. Tap water can also be one of the culprits. Older water pipes and fixtures bonded with lead-based sealants may leak lead into the water, exposing your kids and your whole family to this deadly element.
The old adage “prevention is better than cure” holds true especially in relation with lead toxicity – where a cure can be too costly, or may even be impossible.