Friday, September 12, 2008

Grandparents and Child Custody Rights

Grandparents feel out of touch when it comes to issues of child custody and divorce. While they undoubtedly love their grandchildren, the tension involved with a divorce can cause them to be overlooked by the natural parents. But what many grandparents don’t know is that they too have a say in the custody hearings. Every state now recognizes grandparents as immediate members of the child’s family. This means they can fight for things like visitation rights if they don’t feel like they have been treated fairly.

In cases where both parents are dead, or for instances neither parent can provide a suitable home, grandparents can be considered for legal custody. The court always looks to place children with a blood relative whenever possible. The process gets slightly more complicated when there are multiple siblings and grandparents who qualify, and in these cases a formal custody hearing with all parties is conducted. Parents who would prefer to have their parents look after the children in the event of death should make sure they have the proper legal documentation in place to expedite the process.

Visitation for grandparents after a divorce is an issue is much more common these days. Many spouses will try to use the children as bargaining chips for their own selfish desires. There are cases where the grandparents are blocked from seeing their grandkids only to spite the other family. Not only is this tactic immoral, but it is also illegal in most circumstances. Grandparents who feel like they have been unfairly excluded should research their rights and get involved with the agency who is handling the divorce case. By making the court aware of the situation in the early stages it is possible to avoid long-term problems down the line.

Petitioning for grandparents custody or visitation rights requires that they show a history of involvement with the child as well as sufficient means to care for them. While visitation rights are rarely denied in court, they can be granted with restriction. For example, the judge may require a parent be present for all custodial sessions or they may grant partial custody, which allows for unsupervised visitation for a certain amount of time each month. If the grandparent believes there will be issues with securing visitation time then they should make it a priority to seek involvement with the custody hearing. In the event they get resistance from either parent then the next step is to hire an attorney and file their own petition for custody.

There are many different types of child custody situations, but the one that receives the least amount of discussion are those that involve grandparents. Most people would agree that the love and nurturing of a grandparent is an important part of a child’s development. Having exposure to the experiences and knowledge of our elders helps us to navigate the through the peaks and valleys of life. Unfortunately there are rare scenarios when one or both parents try to prevent the grandparents from seeing their grandkids. This can be a stressful situation to deal with, but the grandparent should recognize that they do have rights, and they are entitled to use these rights to gain visitation privileges.

Mortgage Forgiveness Relief Act of 2007

The U.S. real estate boom of the past ten years has seen homeownership rise from 65% to 69%. Unfortunately with the market cooling the value of real estate is plummeting leaving homeowners holding mortgages that greatly out value the real estate they presently hold. There is now something that can help.

The Mortgage Forgiveness Debt Relief Act of 2007 was enacted on December 20, 2007 to assist homeowners who are in such a predicament. Normally, a homeowner, in an attempt to avoid foreclosure would modify their current mortgages, that is, “short sell” the property, or deed their home in lieu of foreclosure back to the bank holding the lien on the property. Such remedies often leave the homeowner with a debt for property no longer in their possession. In most situations the lender would forgive the homeowner’s debt either in part or full. Unfortunately this left the homeowner facing an additional and in most cases, undischargable financial difficulty, the IRS. That debt which is so graciously forgiven by the lender is now recognized as taxable income by the IRS. The homeowner receives a tax bill for the forgiven amount for money forgiven and never truly received.

The Mortgage Forgiveness Debt Relief Act is designed to exclude such debt forgiveness on the principal residence if the balance of the loan was less than $2 million for a debtor’s primary domicile. The act only applies to that debt which was forgiven in the 2007, 2008 or 2009 tax years. Debt reduced through mortgage restructuring, as well as mortgage debt forgiven in connection with a short sale or foreclosure, may qualify for this relief. The requirements are that the debt must have been used to buy, build or substantially improve the taxpayer's principal residence and must have been secured by that residence. Debt used to refinance qualifying debt is also eligible for the exclusion, but only up to the amount of the old mortgage principal, just before the refinancing.

What does this mean to the homeowner in trouble? Everything. There is now another option available to them, which will not lead them from one financial frying pan to the other. Prior to the Act, homeowners would attempt to negotiate with the lender not to forgive the deficit in the loan but to file suit against them. This was the strategy in the reasoning that a judgment lien is dischargeable under a Chapter 7 or Chapter 13 bankruptcy were IRS liens are not. IRS tax liens remain through the bankruptcy filing and distribution and the homeowner would end up with the lien coming out on the other side of the bankruptcy. Leaving them in the same predicament of owing money on income never actually received.

The Act will not extend to other forgiven debt such as those on second homes, income or rental property, business property, credit cards or car loans. In those instances the filing of a Chapter 7 or Chapter 13 bankruptcy might be in the homeowner’s best interest depending on the financial situation he is presently in. The homeowner should always consult with an attorney regarding what strategy would be in their best interest.

10 Tips To Finding A Great Personal Injury Lawyer

Unfortunately at some point in your life you or someone you love may be involved in an accident causing injury. During this time you may be in need of a Personal Injury Lawyer to help you launch a personal injury claim.

There are many injuries that you are legally allowed to receive compensation for and navigating the insurance companies and legal system requires good professional help.

Hiring a knowledgeable attorney is the most important step in this process. Choosing between a mediocre Personal Injury Lawyer and a great Personal Injury Lawyer could mean choosing between a small settlement (or no settlement) and a large payout. It is very important to be thorough in your search (even when time is of the essence).

How do you find a great Personal Injury Lawyer?

1. Start looking for an attorney right away. Don’t wait until your injuries are healed before taking legal action. If you are immobilized or too sick after your accident, have a family member or close friend do the work for you. For many personal injury cases there are specific time limits in which to file a claim and if you wait too long even a legitimate case can be quashed by the statute of limitation law. It also helps the lawyer to be able to build a case right from the beginning.

2. Look for an attorney that specializes in the area of your injury.

• Did a dog bite/maul you?
• Were you in a car accident?
• Did you slip and fall?
• Is it a medical case?
• Was it a drunk driving accident?

There are many different areas of case law and injuries to deal with. You want the Personal Injury Lawyer who is the most knowledgeable in regards to your injury type.

3. Once you have the names of lawyers who specialize in your particular injury make sure to visit each one’s website. Research their biographical information. Find out how many cases they have won and what the settlements were in those cases.

4. Look for lawyers in your local area. They will have a better understanding of the law as it applies in your State or Province. If the accident occurred away from home then a local lawyer will be able to help you file your compensation claim correctly and you hire and attorney from there.

5. Sit down face-to-face with all of your prospective Personal Injury Lawyers. This person will be representing you in court and sometimes in meetings with insurance companies. You need to feel confident in their abilities and have a personal rapport for the case to be as successful as possible.

Reputable attorneys will give you a free consultation appointment.

6. Find an attorney who will do the work on a contingency fee basis. This means they don’t get paid unless you do. The legal fees will be taken out of your final settlement.

7. Hire a lawyer who is well respected by their peers. In Canada and the U.S. this means a good Martindale-Hubbell rating.

8. Avoid ambulance chasers. These lawyers are all about small claim volume rather than solid, time consuming casework.

9. Experience counts. Find out how many cases your potential attorney has handled.

• How many did they settle?
• How many went to court?
• How many did they win/lose?

10. Be totally honest with the attorney about the details of your case so they can evaluate what kind of claim you might be entitled to.

Your Personal Injury Lawyer is your best advocate so make sure to find the right one.

How to Make a Dog Attack Compensation Claim

If you have been assaulted, bitten, or injured by a dog and as a consequence have obtained physical harm and damages, you are legally privileged to claim for the right compensation, as one of your civil rights.
People of all ages get attacked by dogs, so the age of a person is insignificant when it comes to dog biting accidents. Perhaps the dog has escaped from its leash or that it has unexpectedly evaded any forms of control. Whichever the case is, you need not keep the accident to yourself. Lately, news of dog attacks and deaths caused by such attacks are being circulated all over. Since this news has come out, many people have become more concerned with instances of dog attacks. Many of them are now carrying any form of protection, such as sticks or canes, in case a dog attacks them or their own canine pet.

Although the dog may initially leap on you and knock you off balance, it might also attempt to bite you. It is common for dogs to have very sharp teeth, and with this, punctured wounds are very typical in most cases. Along with these, you are also bound to suffer from scratches and bodily wounds. It is important that you seek immediate medical assistance when obtaining dog attack injuries since dogs most often have an enormous amount of bacteria and viruses inside their mouths. Knowing the breed of the dog is very helpful in the right medication.

When you are already considering on making a compensation claim, getting the contact details of the dog owner is very essential, for easy reference to the police authorities. In order to make a successful compensation claim, you need to file a case against the one who has the accountability for the dog, who may not necessarily be its owner.

There are instances however when you may not be able to succeed in your filing of compensation claim. This is when the one who is accountable for the dog has exhausted all his means and ways in making sure that nobody gets injured by the dog. Examples of this is when the one accountable has made certain the dog is locked and not able to venture out, placing signs that say Beware of the Dog, and giving out warnings to other people that the dog may be prone to attacks should it be approached. If these things are all done judiciously, yet the victim has ignored it, then the attack was a result of dog provocation. If this case is proved then the dog owner won’t be held accountable for the injuries or the compensation that arises from causal negligence.

People who are suffering from dog attack-related damages may be qualified to seek out for compensation. The coverage of this compensation will pay for medications and other fees which may be required for future use, as well as those already paid for. Moreover, it will also cover the physical and psychological stress that you have endured due to the accident.

Should you be anxious about the expenses involved in getting the services of a lawyer, you can use the No Win No Fee basis for lawyers who are willing to do this arrangement. If you don’t win the case, you won’t have to spend anything, and if you do win it, you’ll be getting the amount of the compensation in full. Thus, there is no need to suffer in silence. Today is the best day to make your claim

Commercial Solicitor Offers Advice in Case the OFT Come Knocking!

Recently three oil executives were convicted and jailed in the UK for price fixing. This was the first ever prosecution for an oil cartel. Each man pleaded guilty to a single offence of creating a cartel. The three individuals used code-names, secret meetings, and Swiss bank accounts in order to orchestrate the price fixing scheme. This cartel also employed a full time employee to allocate contracts and fix prices. The jail sentences for the three oil executives involved were between three and five years and included a stipulation that the individuals could no longer serve as directors of the corporation. This cartel is still being examined by the EU and US authorities.

This case was investigated by the US and the UK in a joint agreement. The executives were arrested in the US and allowed to return to the UK only after they agreed to a plea-bargain where they would plead guilty in the UK and serve time in prison. In the US the common jail sentence for a similar crime is ten years and while the sentences handed down in the UK were less, this case may not be over yet. In the process of the investigation search warrants were executed on the offices of the company and one director’s home.

The point here is how would your business handle and respond to a raid or search warrant? It is important that your business have a policy that details how your staff will react if the OFT raided your premises. Even if you believe your company has nothing to hide, your employees need to be trained and a process for data protection and retrieval needs to be created. Do not wait any longer, seek the assistance of a lawyer to determine the steps you need to take to train your staff and protect your company’s information.

Most executives never have an intention of running foul of the law. You may never have a secret code-name or a Swiss bank account but you may find that a decision made years ago is causing you legal problems now. Protect your business by meeting with experienced lawyers on a regular basis to determine any changes in the laws that affect your company. It is also a good idea to have lawyers review your contracts and practices to confirm you are not breaking any laws – new or old. Professional legal advice can also assist you if you find yourself the victim of anti-competitive or abuse of market power practices. Do not take any chances with your business or your life; seek the assistance and guidance of a legal team.

If you find yourself on the wrong side of a criminal law it is important to get immediate high quality legal advice. The matter may be simple as speeding or as complex as price fixing, it does not matter because a good lawyer will help whenever the need arises. Having a lawyer for your business does not make you a criminal, it makes you a smart business person ready for anything that may arise.

This article is free to republish provided the authors resource box below remains intact.

Internet Scams and Frauds

Internet scams and frauds are perpetrated worldwide. With the widespread use of the Internet, these criminals have easier access to their unsuspecting victims. The most important thing to do is to be vigilant and careful so as to avoid falling into their traps.

Incidents of scams and frauds are increasing every year. Many people fall victims to these crimes and lose thousands, and some even millions of bucks. Today, as scores of people are using the Internet, criminals are taking advantage of this, and many of them are using this technology as a means to promote their illegal activities.

The FBI received numerous complaints of online frauds and scams. Based on the report of Gartner, a research firm, there are about 10 million Americans who have been victimized by these criminals.

Phishing is the latest form of scam on the Internet. Scammers use e-mails to send information of what seems to be a legitimate website and eventually, if not dismissed by the victim, ask for his or her personal information. Unknowingly, he or she is being lured to a fake website and the personal information thus obtained is misused. Right from there, stealing from bank accounts and credit cards can begin.

Auction Fraud
This is where criminals post some items that they sell for low prices. What happens next is that the scammer will ask for the payment and promise to send the item but unfortunately the victim will never ever receive the product. There are numerous strategies employed by these fake sellers so that prospective buyers will not suspect something fishy is going on.

Nigerian 419 Letter
This is the most famous Internet scam that has been spreading all around the world and has caused huge loss of money to unsuspecting victims. The scammers will send an e-mail, which goes something like this:
"DEAR SIR/MADAM:
ON BEHALF OF THE JUST OUSTED NODAMBIZIA AGRICULTURE MINISTER, WHO HAS MISAPPROPRIATED $ 30 MILLION FROM HIS FAMISHED COUNTRYMEN, AND NOW WANTS TO HAVE IT MOVED OUT FROM THE COUNTRY, I..."

The letter will convince the victim to be an accomplice and that they need to transfer the money to his or her account and they will promise a cut of about 30 to 40 percent from the money sent to them. Afterwards, they will request the victim to travel in a specific destination to meet with them, to “prepare all necessary documents”. However, they will ask for an advance fee as payment for taxes, bribes and attorney’s fee, before they will transfer the funds. Sometimes, if the victims happen to travel overseas as requested by the scammers, they are kidnapped and not allowed to go until they produce the money that these criminals are asking for.

Using Legal Forms to Save Money

Finding and retaining a lawyer is expensive. With many lawyers costing several hundred dollars per hour, it can easily cost up to a thousand dollars to do something as simple as a living will or a prenuptial agreement. Enter the advent of online and offline corporations that offer legal forms for those who have simple legal problems that can be taken care of with a simple legal form.

Legal form companies have been around for a number of years but they have proliferated online in recent years. They are based on the premise that many individuals would prefer to manage their legal affairs privately through legal forms from their home or office in an affordable way. In addition, people have time constraints that prohibit frequent visits to the lawyer’s office. The results of legal forms are nearly immediate and the costs reasonable.

Most legal forms vary from state to state so that the best sites will have the appropriate forms available no matter what state you live in. The individual fills out the correct form and within minutes, a document is created that is legal and binding, and can be filed at the local courthouse. The document is simply printed off the computer or is given to the individual by the legal form company and it is ready to go.

Creating Legal Forms

What kinds of documents can be created using legal forms? Here is a partial list of documents that can be generated by a legal form:

• Uncontested Divorce (either no- fault divorce or fault divorce)
• Credit Report and Credit History
• Incorporate and Limited
• Liability Corporation
• Legal Will
• Living Will
• Revocable Living Trust
• Premarital (Prenuptial) Agreement
• Change Name
• Criminal History

These are just a few legal forms that can be filled out in the privacy of one’s home and sent back to the online or offline company to be transformed into a legal document.

Let’s look at one example of a commonly used legal form: the prenuptial agreement. The individual simply answers a few straightforward questions that vary from state to state and the legal document is produced in minutes, ready to sign, along with instructions as to what the form means and how to file it, if necessary.

The most amazing thing about legal forms is their cost. The cost of a prenuptial agreement is around $25. A living will runs an individual about $15. Name change forms can be free or up to $9.99. This doesn’t include the cost of filing such forms at the courthouse. Brick and mortar companies tend to be costlier than the internet-based companies.

Filling out your own legal forms and filing them yourself can save you tons of money over seeing a lawyer and having him or her take all your information and draft a document for you. There is no legal rule that says a lawyer is required to fill out these forms. Anyone can file them with the courthouse. This gives you a great advantage in the legal world, paying little and reaping the benefits of the system and of corporations that give you your legal form after simply filling out a few pieces of information.