law mixed –345 – Estate Planning / Child Abuse / Child Support / Paternity / Choosing A Lawyer / Adoption / Insurance Lawyer – gtg

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Estate Planning Attorney | Wills & Trust, Probate, Nursing Home Neglect Lawyer
Providing Compassionate and Skilled Counsel to Families Faced with Estate Planning, Probate and Elder Law Issues

A large part of our Law Firm’s time and resources are devoted to helping individuals and families plan for the future. For more than 30 years, our law firm has represented clients. We work with individuals and families who wish to create estate plans, as well as assist families through the probate and estate administration process.

There are many important deadlines that must be met, so it is important to talk with an experienced lawyer as soon as you can. For compassionate and experienced counsel, contact the firm for a no-charge initial consultation.

Estate Planning, Wills and Trusts

Every person who has assets, and especially people who have children and own property, should have an estate plan. Estate planning includes drafting wills and trusts that provide a plan for distributing assets upon a person’s death, naming a guardian for children, and designating a person to make decisions in the event of incapacity. We are highly experienced in helping people create sensible and thorough estate plans that protect their assets for their beneficiaries.

At Our Law Firm, the staff can explain your options and the benefits of certain legal documents and estate planning such as:

Last Will and Testament
Living Will or Healthcare Proxy
Power of Attorney
Revocable Trust
Irrevocable Trust
Supplemental Needs Trust
Estate Tax Planning
Careful estate planning can significantly reduce the estate tax exposure to your estate, ease the probate process for your children and beneficiaries, minimize the chance of a will contest, and ensure that your own wishes for health care and asset distribution are followed in the future.

Elder Law Issues

An area of law that is closely linked to estate planning is elder law. As the population ages and skilled nursing care becomes necessary, it is also necessary to take steps now to protect your assets for your children and plan for your later years. This specific planning involves drafting documents that plan for long-term nursing or medical care while protecting a parent’s or family member’s assets, and evaluating Medicaid eligibility and benefits.

One way to protect your assets and ensure that you can still qualify for Medicaid or other government benefits is to consider an irrevocable trust. We assists clients in figuring out how to pay for long-term health care, drafting living wills and health care powers of attorney, taking advantage of tax law provisions for gifting and charitable giving, and Medicaid planning. When necessary, we also assist with personal injury claims involving elder abuse or nursing home neglect.

Probate and Estate Administration

At its most basic level, probate is the legal process of recognizing a valid last will and testament, paying a deceased person’s creditors, and distributing the property and assets to the beneficiaries designated in the will. Depending on the size of the estate and what estate planning documents were used, this process can be simple or complex.

At the Our Law Firm, the staff has helped many families to settle their loved one’s affairs and effectively probate the estate. In many cases, we drafted the will or trust that determines how the estate and assets will be handled and distributed.

If you need to speak with an experienced lawyer about your loved one’s estate, elder law issues concerning your elderly parent, or protecting your own assets for your children, contact the firm to schedule a no-charge initial consultation.

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Child Abuse:

How does a person report child abuse?
Every state has statutes regarding the steps that a mandatory reporter needs to take when reporting child abuse or neglect. Generally, a report would include the name and address of the child and either the parents or the person(s) responsible for the child, the age of the child, a description of the child’s injuries, and any other related information. There are also certain steps to take in order for the report to be shared with any relevant organizations such as social service and law enforcement agencies, as well as prosecutors` offices. Some states have special rules in cases that involve a child’s death or for a baby that has been exposed to drugs.

Is it legally required to report suspicion of child abuse?
Any person may report child abuse or neglect. An exception is any communication that is considered under law to be privileged, such as in an attorney-client relationship. Every state has statutes, which identify mandatory reporters of child abuse. All professionals who work with children are included. Doctors, nurses, hospital personnel, dentists, medical examiners, and coroners are mandatory reporters. Mental health professionals and social workers are as well. Additionally, school personnel, law enforcement officials, and childcare providers are mandatory reporters. In some states, any person who suspects child abuse or neglect is required to report it.

What is the law relating to child abuse, reporting requirements, etc.?
Recent legislative changes have focused upon the increasing prevalence in our society of child abuse. The definition of child abuse has been expanded, as have the child abuse reporting requirements, to ensure swift intervention on behalf of the child who is being abused or where abuse is reasonably expected. As a general rule, situations involving suspected child abuse are referred to and fall under the exclusive jurisdiction of the juvenile court system in each jurisdiction. The court may exercise jurisdiction in situations involving suspected child abuse with the end result of the exercise of that jurisdiction being to have the child declared a ward of the court and thus subject to the decision-making power of the court pertinent to issues typically reserved to the legal and physical custodians. The ultimate goal of the court, assuming a basis for taking jurisdiction has been found, is to prevent the recurrence of the abuse, to eliminate the existence of abusive conditions in the home, and to provide a reunification of the family and the child in situations where that is possible. The court has sweeping power in this area to terminate parental rights, place children for adoption and/or place children outside of parental control and custody and into foster homes should the circumstances so require. The focus of the court is on the protection of the child, and there are significant jurisdictional protections for both the child and the parent in these circumstances. Court proceedings are generally conducted in two phases, the jurisdictional phase and the dispositional phase. The level of proof in the jurisdictional phase is a preponderance of the evidence. The burden of proof at the dispositional phase is more stringent. Clear and convincing evidence is required to remove the child from the parent or guardian’s physical custody and cannot be based upon speculation. Often the child will be placed back in the home under strict supervision by the appropriate social services agency of the jurisdiction. The parent may be subject to an order that the offending parent seek treatment, relocate out of the minor’s residence, or participate in restricted or monitored visitation only. If this is unrealistic, the court can order placement in a foster home pending termination of parental rights and placement of the child for adoption. Reporting requirements are covered in a number of state statutes to ensure early intervention.

What can happen to a person who fails to report child abuse?
Most states have enacted statutes, which specify the punishments for failing to report child abuse or neglect. These statutes apply to those people who knowingly and willfully fail to report. A person who should have known about the abuse can be punished for it. Typically the punishment can be a fine or imprisonment.

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Child Support:

WHAT IS CHILD SUPPORT?
Child support is a payment by one parent (often the non-custodial parent) to the other parent for the support of their common child. (See Child Support and Visitation.) It is in the best interest of a child for both parents to be obligated to pay for the support of their child. An order for child support transfers the income/wealth from one parent to the other so that the combined incomes/wealth of both parents is available to use for the support of the child.
WHAT IS CHILD SUPPORT USED FOR?
Child support covers everything a child needs, and even more, during the growth and formative years. Keep the following in mind: A parent’s first and principal obligation is to support his or her minor children according to the parent’s circumstances and station in life; and Children should share in the standard of living of both parents. Thus, the amount of a child support award is more than a question of bare necessities. If the child has a wealthy parent, that child is entitled to, and therefore needs something more than the bare necessities of life. Where the supporting parent enjoys a lifestyle that far exceeds the custodial parent’s living standard, child support must to some degree reflect that more opulent lifestyle. This is so even though, as a practical matter, the child support payments will incidentally benefit others in the custodial household whom the payor parent has no obligation to support (e.g., custodial parent owed no spousal support, adult children, or children from custodial parent’s other relationships). Children should share in the standard of living of both parents. Child support may therefore appropriately improve the standard of living of the custodial household to improve the lives of the children. Children are entitled to share in non-custodial parent’s elevated standard of living despite custodial parent’s substantially lower income. Awarding supported children a percentage of a non-custodial parent’s future bonuses ensures they will share in his standard of living.

WHO CAN BE ORDERED TO PAY IT?
A court can order either parent of a child to pay support to other parent. The court order for support is usually payable on a monthly basis. Many states now require that child support be paid by wage assignment (automatic deductions from the paycheck) whenever available, thus reducing the need for subsequent enforcement actions.

WHEN CAN A CHILD SUPPORT ORDER BE CHANGED OR MODIFIED?
An order for child support can be changed or modified any time there is a material change in circumstances from the time that the existing child support was issued. A material change in circumstances can take many forms. The change can be the result of changes in the parent’s financial situation – such as appreciable difference in the amount of income earned, loss of a job, a large inheritance, or a change in the amount of time spent with the child. The material change in circumstance can be the result of a new situation for the child – such as large medical expenses, need for special education, or other unexpected requirements. A child support payment could be modified by stipulation between the parents (as long as guideline support factors have been accounted for) or by a noticed court hearing.

HOW LONG MUST CHILD SUPPORT BE PAID?
The duration of this responsibility depends upon state law. All states require both parents to be financially responsible for their child during the child’s minority, generally through the child’s high school years. A few states have extended the time for financial responsibility beyond the minority of the child. Child support can be terminated in the event of the death of the child, if the child goes on active duty in the armed forces, or if the child becomes emancipated or self-supporting.

HOW IS THE AMOUNT OF CHILD SUPPORT DETERMINED?
Federal law now requires that the amount of a child support payment be set in accordance with a guideline. Having a guideline is believed to prevent widely different amounts of child support being ordered from courtroom to courtroom. Guidelines provide an objective basis for the determination of the amount of support to be paid. As a result, most states have established formulas that are used to determine the amount of the payment from one parent to the other.

WHAT OTHER ITEMS DO FORMULAS CONSIDER?
Time Spent With Child. Besides the respective net incomes of the parents, the amount of time each parent spends with the child is factored into the formula. Since a parent who spends more time with the child is most likely incurring greater expense in raising the child, the custodial parent (a term that is often used in association with the parent who has the physical custody and responsibility the majority of the time) is considered to spend more money on the child than the non-custodial parent (the parent without primary physical custody). Since the custodial parent spends more of his/her income on the child, the child support formula includes this factor in determining the amount of child support to be paid by one parent to the other. Number of Children. Along with the amount of time that a parent spends with a child, the number of children in common between the parents is often considered. The theory is that certain fixed expenses do not rise with the number of children for whom support must be provided, so the actual amount of support per child is lower given the greater number of children in common. Special Circumstances. In addition, special circumstances may require a greater amount of child support to be paid. Special circumstances, such as extraordinary medical expenses, special educational needs, travel expenses incurred for child visitation, uninsured catastrophic losses and the cost of basic living expenses for children from another relationship, can affect the amount of guideline child support that is to be paid. Since there are a number of factors that go into the formula to determine guideline child support, some states have approved computer programs designed specifically for determining the amount of child support. Use of a computer program to determine the amount of child support is a very objective method for determining child support. Proper analysis of all the factors can have dramatic effect upon the determination of the guideline child support amount.

WHAT INCOME ITEMS DO TYPICAL FORMULAS COVER?
The formula is based on the respective net incomes of the parents. Federal and state income taxes, Social Security and Medicare tax, health insurance, union dues and other mandatory expenses are subtracted from a parent’s gross income (that is, income from all sources including, but not limited to, wages and investments) to arrive at his/her net income.

AFTER A CHILD HAS BEEN RAISED, IS THE PARENT WHO RAISED THEM ABLE TO SUE FOR BACK CHILD SUPPORT?
This depends on the law in the state where the parents live. In some states, the parent who was to receive child support can collect support owed even after the children are adults. The parent who was supposed to pay child support cannot claim that the child support is too old to be collected, or that the other parent should have tried to collect sooner, except to the extent collection is barred by the statute of limitations.
What happens to allow the emancipation of a minor?
In order to become an emancipated minor, one of three circumstances must be present: the minor has entered into a valid marriage, is on active duty in the Armed Forces, or has received a declaration of emancipation. As such a minor can become emancipated either by requesting same from the court or by taking a direction in life (marriage or enlistment) that will result in emancipation. The effect of emancipation is that the minor is now, for all practical purposes, treated as an adult. This includes freedom from the right to support by the parents, the right of parents to control finances, freedom of the parents from vicarious liability for the minor’s torts. The emancipated minor can sue in their own name, consent to virtually every aspect of medical care, and in all other aspects control their life without first obtaining the consent of the parents. The procedure for emancipation is rather straightforward. A petition for emancipation is prepared and served upon the minor’s parents (or legal guardians), thus giving them notice of the minor’s desire to become emancipated. If the facts are adequately proven, the court will issue its declaration of emancipation, which becomes conclusive evidence that the minor is emancipated.
Learn More on:

Emancipation

Parenting Through Divorce and After

If you or someone you know is in need of Family Law Legal Services, please contact Our Family Lawyer Firm or prompt and considerate attention.

Disclaimer: The choice of a lawyer is an important decision and should not be based solely upon advertisements. The information at this website is neither legal advice nor is it intended to be. Your use or access of the information on this website does not create an attorney-client relationship. Please call to discuss your specific legal situation with an attorney.

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The law of paternity is relatively new and is unique. It is perhaps the most complex law in the family law area. Paternity is new because, up until less than forty years ago, Missouri, and most states placed the financial burden of raising a child born out of wedlock solely on the mother. But 40 years ago, children born outside of marriage were rare, and made up of less than five percent of all the children born in the United States nationwide, triggering the creation of a huge governmental bureaucracy whose sole purpose is to collect child support. Today, four in ten children are born out of wedlock.

The Birth Certificate.
Many states that have adopted a confusing rule on the signing of the birth affidavit. If a man and a woman both sign an affidavit (for a child born after August 1997) stating that the man is the natural father and the affidavit is filed with the Department of Vital Statistics, the man is then the legal father of the child. What that means regarding his rights the child is unclear. If the man changes his mind, he has sixty days to file a document revoking his claim. If he doesn’t, he is required to file a special lawsuit to undo it, and he has an extremely limited time to do that. For children born before August 1997, either party could file a suit asking the court to determine whether the man was the father of the child (or not).
Child Support.
A support obligation can come from a court order or from an order from the Family Support Division (FSD). FSD is the federally funded government bureaucracy that is to create and enforce support orders, as well as to collect, disburse and maintain records, of support payments. FSD has authority to create support orders if a man signed the birth affidavit, was married to the mother around the time of the birth of the child, or if FSD has a genetic test stating that the man is the natural father of the child. The method of determining the amount of the support obligation is the formula based on incomes and special expenses, the same as in divorce cases.
Custody.
Only a court can grant or determine custody, visitation, or decision-making rights for a child. A parent should retain an experienced Family Law attorney experienced in paternity cases to obtain child custody rights. As with divorce cases, the court could grant sole physical or legal custody of a child, or could grant joint physical or legal custody of a child. A child support order from FSD is not a child custody order. An administrative child support order from FSD might say the child is in someone’s custody. That simply means the child is residing with the person. It does not mean the child is their custody.
Paternity testing:
Only federally licensed laboratories can perform paternity testing. Generally, only a court can “force” persons to appear or produce a child for paternity testing. FSD may request persons appear for paternity testing, and, if FSD receives a positive result, then it may create a child support order. If a court orders paternity testing, and the alleged father does not appear, the court could enter a judgment finding that the man is the father of the child and establish the child’s paternity. When a court has established paternity in a court order, then generally a court cannot order paternity testing.
If you or someone you know is in need of Family Law Legal Services, please contact Our Family Lawyer Firm for prompt and considerate attention.

Discliamer: The choice of a lawyer is an important decision and should not be based solely upon advertisements. The information at this website is neither legal advice nor is it intended to be. Your use or access of the information on this website does not create an attorney-client relationship. Please call to discuss your specific legal situation with an attorney.

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Whether you have a legal problem, or you have a matter to resolve with the help of legal assistance, one thing is certain. You are most likely going to need someone to represent your side in the court. The option of representing yourself is perfectly viable, but it has many flaws and it rarely ever goes well. Certainly, you could read books that could prepare you and give you some form of legal argumentation, but a few books will never be enough to be years of practice and legal school an attorney can offer. To reduce your chances of losing the case, it would be recommended for you to seek out a professional to represent you.

Their knowledge is vital to your success

As much as they are necessary in practically any kind of a legal confrontation, many people actually avoid hiring their own lawyer, usually complaining about how expensive they are. While this might be true, the reason they are expensive is because they know everything that needs to be known about your case. Not because they are psychic, but because they have spent years perfecting their knowledge and working on cases that might be similar to yours. While you might be having just enough time to gain theoretical knowledge about your case, an attorney can actually build a solid defense, thanks to the fact that they know everything about the current legal system of the country.

You can look practically anywhere

There are plenty of different ways you can find a good lawyer. The most recommended approach would, of course, be asking your friends or business acquaintances to recommend a reputable and trusted professional for you to work with. Additionally, you can always search online, follow legal defender related advertisements, or use the Yellow Pages, but these are slightly less reliable ways for you to encounter a trusted professional. Advertisements might be useful, to a point, as they will usually reveal the crucial information about the attorney. Years of practice, estimated prices and quick quotes are all of the things you may be able to find out from a single advertisement.

See them at least once

Finally, make sure that you are actually feeling comfortable enough with the choice, and that you can and trust your case to the person defending you. It is important to give them all the information they need, because without it, they might not be able to perform at their best level. Make sure you have at least one appointment with your chosen legal defendant, so that you can discuss the specifications of the case, and hear more about their plan. Only by doing this, you can rest assured that you will be able to win the case.

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Are you planning to adopt a child? If yes, then there are some important points that you need to consider carefully in order to avoid the occurrence of undesirable situations in the future.
Here are some things to consider before making a decision to adopt a child.

1. Support From Family Members

Family support is needed when you want to adopt a child. Although you and your partner are ready to adopt the two of you also should get the approval of other family members to prevent disputes between family members that may affect the child. Child psychology could be disrupted if at a later they feel that they are not accepted as a member of the family.

2. Make the Right Decision

You have to be really confident with the decisions you made if you want to adopt a child. Do not make decisions based on emotional moment. One of you should be ready to fulfill the responsibilities in all things like give love, time and patience in taking care of your adoption. Remember that the child is not electronic goods that you cannot waste any time, they are human beings who need love.

3. Background of Child

As we have known before, in adopting a child, the background is very important, especially with regard to health or emotional and psychological problems of the child. This will affect the relationship between you and your child. This is to prevent the regret that can affect the child. To perform a check on the status and background of adopted children then you can ask for help from a lawyer. If you are a people who do not understand about the law, then it is advisable for you to hire no win no fee lawyers as a precaution against possible fraud committed by the orphanage.

4. Prepare Yourself To Become Foster Parents

Before adopting, one thing you must realize is that parenting will you do will be different with parenting your bladder. One thing you need to prepare is how and when you should tell that they were adopted and when explaining about the issues that might be scattered on their status. Therefore, you must have the courage to pass a variety of problems that may occur. You should know that no win no fee lawyers can ensure that you would not be entangled in adoption problems in the future.

5. Consultation With a Lawyer and Institutions

As a parent, you will make big changes in your family because adding a new family member. It is something sad if one day the real parents of the child come to you and ask for the child. So you have to ensure that the institution or foundation where you would adopt already provide all the information you would need.

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Currently, insurance industry is getting the greatest exposure and thus insurance law is quite important. Without abiding this law, you will not be able to choose the best insurance policy. The related laws are always mentioned within the insurance papers of every policy. You must always read the instructions and laws that are being mentioned within the insurance papers so that you can get the claims in a proper way without facing any kind of hazards or hassles.

Any troubles or complications relating to insurance law are being looked after by insurance law specialist and this kind of specialist is also known as insurance lawyer. These kinds of attorneys are well-aware of different kinds of insurance laws and this is why they can confidently handle all the related troubles arising due to insurance-law litigations. Insurance policies are nothing but financial compensations for different troubles relating to health, life, cars, buildings and many more.

These compensations are quite useful in nature as they can help you to get rid of unwanted financial troubles. But if you do not abide by the respective insurance law, then you will not be able to get the compensations properly. Sometimes, it might happen that even after abiding by the law, you are facing greater troubles in receiving your claims. At that point of time, you can definitely approach to any efficient insurance law specialist so that you can get necessary assistance.

Steps for choosing the best insurance lawyer

If you want to choose the right and most talented insurance lawyer in your locality for dealing with your legal complexities relating to any insurance policy, then you got to consider the following aspects.

• The lawyer must have a proper reputation in the market and in this respect you must also need to check out the past performances of the lawyer so that you can confidently make the selection without thinking twice.

• The lawyer must be honest and must have good listening and communication skills so that the cases can be easily and efficiently handled. Sometimes, high level of technicalities and investigation skills are required and thus you must check out the same.

• The lawyer must be quite affordable in cost so that you can afford the fee charged by him.

• If you want to collect more and more information about the lawyer, then you got to check out the online reviews or customer testimonials about him. You can also visit his official site online so that you can get the opportunity of extracting some detailed info about him.

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