Friday, December 31, 2010

School Guards Break Child's Arm And Arrest Her

School security guards in Palmdale, CA have been caught on camera assaulting a 16-year-old girl and breaking her arm after she spilled some cake during lunch and left some crumbs on the floor after cleaning it up. The incident occurred last week at Knight High School in Palmdale and was caught on a cell phone camera by another pupil who was then also assaulted by the security guards. Watch video of the incident here and here. The girl, Pleajhai Mervin, told Fox News LA that she was bumped while queuing for lunch and dropped the cake. After being ordered to clean it up and then re-clean the spot three times, she attempted to leave the area out of embarrassment but was jumped on by security who forced her onto a table, breaking her wrist in the process. Pleajhai also says that the security guard in the picture yelled "hold still nappy-head" at her, which at the time she did not know was a racist comment. In an even more shocking development the security guards later had the mother of the girl arrested after she sought out an attorney and demanded that the guard be arrested, telling her that if she wanted the guard detained then she herself would also be charged with battery after she allegedly pushed the guard and an assistant principal of the school. She has also been suspended from her job at another school in the county. The school expelled Pleajhai for five days before then having her arrested for battery and for littering (the dropping of the cake). Then they had the ...



http://www.youtube.com/watch?v=wk2b_twCCdw&hl=en

Thursday, December 30, 2010

Baby Aaliyah - Update

[A correction I would like to make. It is not the CSOC/ACCFSS, it is the CSOC/ACCESS. Sorry but the copy of the letter is very grainy.] Articles by Simon and Jan Barrett of BNN (First to current): Aaliyah Bedwell Internet Scam Or Child Abuse You Decide www.bloggernews.net Caylee, Haleigh, Aaliyah Why Do We Care? www.bloggernews.net Aaliyah Bedwell An Update www.bloggernews.net Aaliyah Bedwell Update May/5 www.bloggernews.net Aaliyah Bedwell Some Background On Why We Are Following This Story www.bloggernews.net Aaliyah Bedwell Ronald Scharff Jan Barrett BNN On The Radio www.bloggernews.net BlogTalkRadio / Aaliyah - Justice Denied (Hosted by Simon Barrett) www.blogtalkradio.com Aaliyah Bedwell Justice Denied Radio Update www.bloggernews.net Aaliyah Bedwell The Connie Bedwell Hearing May/12 www.bloggernews.net Aaliyah Bedwell A New Twist On No Comment www.bloggernews.net Aaliyah Bedwell Some Notes From The Trenches www.bloggernews.net Aaliyah Bedwell Accuseds Lawyer Plays Dirty www.bloggernews.net Caylee Anthony Aaliyah Bedwell BNN Radio Wrap up May/16 www.bloggernews.net Aaliyah Bedwell The Evidence www.bloggernews.net Aaliyah Bedwell - An Interesting Letter www.bloggernews.net CSOC/ACCESS (Children's System of Care of Placer County CA) Letter expeditereviews.googlepages.com Further links: Child Protection Community (www.childprotectioncommunity.com) CPC phone interview with the mother pts. 1 - 3 www.youtube.com www.youtube.com www.youtube.com Placer County Judicial System ...



http://www.youtube.com/watch?v=9N-nPCpTm28&hl=en

Wednesday, December 29, 2010

Child Custody Attorneys California - 8 Tips For Success

Some child custody attorneys California are too conservative about the speculation of a given outcome. That is why you need to provide them with as much information as you can to acquire the best representation. Each case is different with different circumstances. Often, attorneys work the last case like the next case. That's not good enough. Pick an attorney who can form a plan, form a strategy, and who can tell you your weaknesses and your strengths.

For the best results here are 8 tips to follow:

1. Hire a family law specialist.

2. Consult at least one other attorney on your case.

3. Pay small retainers.

4. Communicate often by fax, phone, or letter.

5. Supplement communication with evidence, documents, witnesses, records, and so on.

6. Be involved in the strategy of your case.

7. Don't depend on your attorney to win your case.

8. Educate yourself on the subject through people, articles, books, and so on.

If you know other people who have gone through a similar situation, get their story. Maybe you can avoid their mistakes. Nobody knows the case better than you do because you have lived it, but you must tactically and rationally plot your case within the rules. Your child custody attorneys California is your mouthpiece in court, but you must supply them with the knowledge and weapons to win.

People don't plan to fail; they fail to plan. So stay on top of your attorney because they're working many cases to make a living. Update them, but don't harass them. They'll resent you and it becomes counterproductive.

The Attorney Shakedown

The custody attorney shakedown can probably be employed numerous ways. One way, as I mentioned earlier, is the non-refundable retainer. When you put all your eggs in one basket, you have limited options. You do not want to be totally dependent on your attorney for results. You must have options financially and tactically. If your money is tied up, so are you. If you have a lot of money, naturally you have legal options by replacing the attorney you aren't happy with. So, if for some reason you have a non-refundable retainer, then you are not limited to that child custody attorneys California.




Winning custody of your children shouldn't be as difficult as it is. There are easy to follow and simple to learn programs available to you that will help you gain the upper hand and win your custody case. Don't simply listen to the advice of your lawyer because it may not be enough. Take the extra steps, learn the right strategies, and you'll gain the knowledge to win the case and take custody of your children. Learn about these incredible resources here: http://www.child-custody-strategies.com

Monday, December 27, 2010

Riverside Family Law Attorney - Restraining Orders

San Bernardino Family Law Divorce Attorney Bill Edgar goes over the different kinds of restraining orders and what you can do to prevent further abuse or violence. TheLaw Office of H. William Edgar handles divorce, child custody and support, spousal support, property division and many other issues that arise from a dissolution of marriage. You can contact Mr. Edgar at www.RiversideFamilyLawAttorneys.com or by calling (866) 902-5290.



http://www.youtube.com/watch?v=JkCjizuWM7U&hl=en

Saturday, December 25, 2010

Essence Magazine: Human Trafficking of BLACK GIRLS in Oakland California

Vincent Turner, 31, of Oakland, faces life in prison when he's sentenced by Alameda County Superior Court Judge Cecilia Castellanos on June 25. Jurors, who deliberated for only one day, found Turner guilty of two counts of kidnapping for financial gain from the female body, two counts of forcible rape and one count each of forcible oral copulation, pandering and human trafficking. Prosecutor Sharon Carney said the girls were only 15 and 16, respectively, at the time of the crimes in April 2009. Carney said Turner specifically picked minors to force into prostitution "because they were easier to take advantage of and intimidate." Oakland Police officer Jim Saleda has been working with sexually exploited minors for 10 years. "Pimps are the worst kind of predators," said Saleda, the police investigator, who worked on the case that resulted in Turner's conviction. "They abuse the girls and then send them out for other people to abuse them." He said Turner also chased the girls with pit bull dogs. "These are kids who have no one and no where to go," said Alameda County District Attorney Nancy O'Malley after announcing Turner's conviction. O'Malley has steered resources toward the conviction of traffickers and toward providing resources for children who are victims. "We've set out on a mission," she said, to rescue these kids and convict perpetrators and engage the community.



http://www.youtube.com/watch?v=pLQ1Iu5z_bo&hl=en

Thursday, December 23, 2010

Daycare Abuse is a National Problem

bit.ly Daycare abuse attorney Jeff Rasansky speaks on the signs of daycare abuse, legal issues when combating daycare abuse, and what parents can do to ensure safe care for their child.



http://www.youtube.com/watch?v=iNwmhfD3SQ8&hl=en

Wednesday, December 22, 2010

Juvenile Criminal Defense Lawyer Barry Gerald Sands 877-247-2746

Los Angeles Criminal Defense Lawyer, Barry Sands has been helping clients throughout Los Angeles obtain successful outcomes for their criminal charges for years. Barry Gerald Sands is a leading Los Angeles criminal defense attorney with over 20 years courtroom experience. From defending misdemeanors to felonies, Attorney Sands is prepared to handle all criminal case matters. Mr. Sands has an upstanding reputation and is one of California's premiere criminal defense attorneys. With two law offices conveniently located in Los Angeles and Century City, Attorney Sands is easily accessible to clients throughout California. If you have been charged with a drug crime, sex crime, or domestic violence, it is in your best interest to consult with an experienced defense attorney immediately. Crimes of this nature are prosecuted by aggressive District Attorneys who are eager to obtain convictions. You will need an attorney on your side both in and out of court. By retaining the services of a Los Angeles Criminal Defense Attorney, you stand a better chance of avoiding a criminal conviction. Los Angeles Areas of Practice People who are charged with a criminal offense face a great deal of emotional turmoil and confusion. The Los Angeles criminal process is not easy to comprehend, and even small mistakes can lead to costly consequences. This is why it is always in the person's favor to work with a reputable criminal defense attorney. A Los Angeles defense attorney can inform you of you ...



http://www.youtube.com/watch?v=t5dhyeXggbI&hl=en

Tuesday, December 21, 2010

Family Reunification Services

DISCLAIMER:The legal information presented at this site should not be construed to be formal legal advice, nor the formation of a lawyer or attorney client relationship. Any results set forth herein are based upon the facts of that particular case and do not represent a promise or guarantee. Please contact an attorney for a consultation on your particular legal matter. This web site is not intended to solicit clients for matters outside of the state of California.



http://www.youtube.com/watch?v=Y_wy-cTNIQI&hl=en

Sunday, December 19, 2010

Shaken Baby Syndrome and Long Term Disabilities

Shaken Baby Syndrome Lawyer Explains that Shaken Baby Syndrome can cause long term disabilities. Get help for a baby who has suffered shaken baby syndrome and has long term disabilities. Christopher Keane, Keane Law Firm www.shakenbabylawyers.com www.keanelaw.com San Francisco, California



http://www.youtube.com/watch?v=YsZN-9XgBuI&hl=en

Saturday, December 18, 2010

Let Family Solicitors Fight Your Corner for You

Family solicitors can assist with all aspects of law including divorce, parenting problems, pre-nuptial agreements, financial settlements, mediation, wills and probate. When you are looking to resolve a family dispute, find out about child custody rights or claim back cash that you believe is yours, a team of solicitors can assist. When you first speak to a solicitor they'll listen carefully to your problem to be able to fully understand the assistance you require and what advice they should give you. If you're ready to hire a solicitor then the next stage will certainly be to build your case to be able to reach a satisfactory outcome.

Numerous family problems require sensitivity and care particularly where kids are concerned. If you're going through a divorce and you have children you will need to conduct your affairs in such a way that children are not affected by bitter separations or custody battles. A firm of family solicitors will assist you to find a resolution that suits everybody and is made with the best interests of your children in mind.

Financial disputes can break families apart. Money is the reason for many family disputes and family solicitors are the experts to call when you need assistance with any such dispute. Disputes over wills and pensions are extremely common and an experienced solicitor should be able to examine the facts to be able to determine who is legally entitled to the money. All aspects of the law will come into play so that a solution can be reached quickly and in compliance with UK family law. Understanding UK family law can be difficult and complex, but with the assistance of a reputable firm of solicitors you are able to break through the red tape and jargon to understand the legislation that affects your case. Your solicitor will keep you fully informed each step of the way and build a watertight case to ensure a fast resolution is reached.

No matter what kind of family law you require assistance with a team of solicitors will be able to offer practical and professional guidance. A professional mediator can make all the difference when trying to find a resolution to a family dispute. If you are suffering from such a problem, get in touch with a firm of solicitors for peace of mind that your case is being dealt with in a professional manner and with your greatest interests at heart. Finding a good family law business to use is easy especially if you search online. Numerous solicitors are now trading online and can provide quick and efficient assistance in all aspects of UK family law.




In the event you have a family law issue and require a professional team of Solicitors in Manchester, give Clifford Johnston a call today. We have been assisting clients for years and will help you to come to an agreement as quickly and efficiently as possible.

Visit www.cj-law.co.uk Today

Friday, December 17, 2010

Real Estate Power of Attorney

A real estate Power of Attorney grants legal authority to another party or agent to make financial decisions regarding the principal's real property, including purchase and sale. In particular, the Power of Attorney provides the authority to negotiate, purchase, sell, convey, transfer, mortgage, preserve, or dispose of the real estate property (or properties) mentioned in the form.

The agent may manage the principal's real estate property; sell, convey and mortgage realty for prices and on terms as considered prudent; foreclose mortgages and take title to property in the principal's name; and implement deeds, mortgages, releases, satisfactions and other instruments relating to realty.

A real estate Power of Attorney is limited only to the extent that it grants authority only for real estate transactions; however, the powers granted in that regard are quite broad so the principal must grant such powers only to someone he or she trusts unconditionally. He must be confident that the agent will act in his or her best interests, keep accurate records, keep his or her property separate from the agent's properties and avoid conflicts of interest. Otherwise, the principal could be in danger of losing the real estate to a dishonest individual.

Any Power of Attorney that deals with the transfer of real estate must be notarized because the Power of Attorney needs to be recorded along with the transfer documents. All previous Power of Attorney documents relating to the property (or properties) are immediately annulled upon execution. Once executed, this Power of Attorney form goes into effect and remains in effect until revoked in writing by the principal, or on a specified date, whichever comes first. To revoke, cancel or annul any powers, a revocation form must be used.




Power Of Attorney provides detailed information about power of attorney, power of attorney forms, medical power of attorney, limited power of attorney and more. Power Of Attorney is the sister site of Divorce Legal Forms.

Wednesday, December 15, 2010

Child Maintenance - Refusing to Pay

Separation and divorce can be stressful enough, and when children are involved it does not get any easier. So when your partner stops paying child maintenance support, you suddenly feel like you're fighting against the whole world.

It is estimated that nearly £4 billion worth of child maintenance support is unpaid to-date. Despite reforms in 2003, the Child Support Agency (CSA) has failed to meet its objectives. And so the Child Maintenance and Enforcement Commission (CMEC) were established to take on some of the work load of the CSA.

Things were made easier for parents in 2008 when the obligation to use the CSA for making child maintenance payments was removed. But what do you do when the parent of your child stops paying that vital support?

Legal Options

The CSA has been given new powers which allow them to take the drivers license and passport from those parents that do not pay child maintenance.

James Purnell, the Work and Pensions Secretary remarked that the Government was keen to support parents especially considering the tough times that they are facing. But for those parents who choose not to support their own children "we [the Government] will not stand by and do nothing. If a parent refuses to pay up then we will stop them travelling abroad or even using their car.

But what is crucial to bear in mind is that these powers only extend to agreement that have been arranged between parents via the CSA. If agreements are arranged privately then the CSA cannot impose. However, if you are in such a private agreement and it fails, go straight to the CSA to arrange an agreement through them. If the non-resident parent still refuses to pay maintenance after this point, then the CSA can pursue the matter on your behalf.

The CSA can do a number of things. They can take money from the earnings of the non-resident parent if they are employed. If they are not employed but have funds in a bank account, the CSA can withdraw funds from that account. Alternatively the CSA can also take court action to force the parent to pay.

If you are a non-resident parent who has stopped paying maintenance support, you could end up with expensive legal costs, selling your home or assets, losing you drivers license for up to 2 years or even be sent to prison.

Recently the court held that the statute of limitations does not apply to child maintenance support. As a result, the father who had failed to pay maintenance for several years was held to still be liable for the outstanding amount of child support. It is worth noting that co-habiting with another person after you are divorce can affect the maintenance payments received.

It is a difficult task raising a child and can be made even more so, if a parent refuses to pull their weight. If you are concern for the well-being of your child and wish to pursue the matter legally, then see our team of local solicitors. They are all highly recommended solicitors and will be able to give you a free first consultation.




kiristengarry is a graduate from the University of Leicester, with a degree in Law with European Union Law. Having enjoyed writing from a young age, kiristengarry has received numerous awards that act as a testament to her quality of writing. We are the Best Divorce Solicitors in the UK, please visit our website at http://www.qualitysolicitors.com.

Tuesday, December 14, 2010

Why Men Lose in Family Court

Like most individuals you have probably arrived at this article because you are looking for answers to a specific family law problem. Hopefully this article will help motivate you to take the necessary steps to resolve your issues.

The subject of this article is "Why Do Men Lose in Family Court?" I have spent the last 20 years attempting to answer this question. After considerable research, case evaluations and client interviews I believe I now have the answer.

Nineteen years ago I went through a brutal divorce. Actually, at the time of divorce we were very friendly with one another and agreed to settle out of court. My Ex-wife, through a paralegal filed for divorce and like most men I simply agreed to the terms. I walked away with nothing! I surrendered the house, ($40,000.00 in equity) the boat, the car, furniture etc. etc...Everything I had acquired in 13 years of marriage was suddenly gone. We had three children and I wanted them to have the benefit of these items. Although I didn't realize it at the time I could have and should have made better agreements that would have benefited all members of my family in a much greater way. Looking back I simply didn't know what a good agreement was or how to make the deal. I was so concerned about maintaining a good relationship with my ex that I avoided anything that might have resulted in a legal battle. I should have filed my response with the court and requested an equitable division of property, custody, visitation and a support order that was based on my Real income. In general I should have been more attentive to the legal issues.  This was truly a mistake!

Like most men I had adopted the common belief that men always lose in divorce proceedings so why not just surrender everything now and avoid the inevitable. What I didn't realize at the time was that I wasn't doing anyone any favors by surrendering everything to my ex-wife. Ignorantly giving up my property caused my wife to develop a false confidence in the legal system that would soon allow her to sue me again and again and again. Like many women she understood the prevailing thought of men that they always lose in family court and she capitalized on this belief. Therefore it didn't matter any longer how much I had given to her the fact that I didn't know what I was doing was extremely obvious. Despite everything I had surrendered, ignorantly failing to make fair and equitable agreements at the time of my departure from the family home was a colossal mistake and was a personal invitation for her to sue me later. I would in time realize that money and property are no substitute for a well-written, fair and equitable agreement of ALL issues. Like the American Express advertisement declares "Don't leave home without it!"

I had also surrendered a number of other rights simply because I was ignorant and wasn't aware of the significance of these rights. Mainly rights to my children. I had mistakenly believed that women always get custody of children and Dads always get the standard every other weekend visitation schedule. In fact I was so ignorant I actually thought this was the law! Little did I realize that even after I had given everything I had I would still have to give more.

About 2 years later I acquired a new love interest and our "friendly divorce" turned into a legal nightmare! She went to an attorney and was advised to take me back to court to increase child support, decrease visitation, contempt of court and a host of other issues. Not knowing any better I went to an attorney, paid a $3500.00 retainer fee and went to court. It was my belief that we had fairly resolved all of our legal issues in the beginning and I really didn't understand why she wanted more or how she could get more.

After 3 court hearings and an additional $3000.00 in attorney fees (total $6,500.00) later I had gotten my butt kicked! My attorney did absolutely nothing! He was worthless but certainly richer. On the way home from the courthouse I realized how unfair the family law system of justice was for men and began a search for answers. Further, I realized that just having an attorney does not mean there will be a successful resolution. A few days later I saw a newspaper advertisement for a Fathers Rights support group near my home. It sounded interesting so I decided to attend one of their meetings.

The following Friday I arrived at the meeting discouraged and without hope. As I walked to my seat I passed a number of tables with pamphlets and books and other written materials all directed at men with family law problems. Most of these materials were advocating political reform of the family law system. I grabbed one of everything!

Once in my seat the meeting began with a number of men sharing their stories of severe prejudice and bias in the family court. The first thing I realized was that I was not alone in what I had experienced in and out of court. After two or three testimonies a gentleman went to the podium and addressed the crowd. The subject of his speech was "Why men lose in Family Court."

The gentleman opened his speech with these questions: "How many of you came here tonight because you are currently in a family law case and are looking for answers?" Everyone in the room raised their hands. "How many of you defaulted by not responding to divorce or hearing papers?" Many raised their hands. "How many of you are struggling to pay your child support?" Again almost everyone raised their hands. "How many of you are being harassed by the District Attorney (Child Support Enforcement) for child support?" "How many of you have had their driver's licenses suspended or taxes taken due to unpaid child support?" Many raised their hands. "How many of you only see your kids every other weekend?" About half the room raised a hand. "How many of you paid a large amount of money to an attorney to resolve your problems and still lost the battle?" Again almost everyone raised their hands. Finally he asked, "How many of you are happy with the outcome of your case?" The room suddenly became quiet and no one raised their hands.

When the speaker had finished asking the questions it was very apparent that most of the men in the room, including me, didn't know the first thing about avoiding or resolving a family law problem! It was a moment of realization that we had each failed due to our own ignorance. These men, myself included were like lambs headed to slaughter. None of us had a clue as to what we had done wrong or how we could still resolve our own legal problems! What a pathetic group of men! This wasn't what any of us expected.

The speaker continued by explaining why men lose in family court. "Yes there is bias, prejudice and discrimination in family court towards men. Yes the family court system is broken and needs reform. However, despite these problems most of you have failed because you didn't take the time to learn how the system works." As he spoke he gave numerous examples of mistakes that men make.  "Men lose in family court because they simply don't do their homework and women do!" 

Most men, myself included, believe they are capable of resolving just about any problem. Most have run businesses, negotiated purchases of homes and/or cars and have been successful resolving other large problems at work and home. Consistent with their success in other areas of their life, when their long-term relationship's end they believe they can "cut a deal" or somehow avoid a problematic legal case without making legally filed agreements. Call it male machismo or pride but in reality it's called arrogance! Failing to learn how the family law system works will doom your case. Like one leading motivational speaker has stated: "Failing to plan is planning to fail!" There is no substitute for correct information and knowledge.

The speaker closed the meeting with this exhortation: "I want each of you to make a commitment. A commitment to your friends, family, to your children and to yourself! I want you to commit to learning how the family law system works. I want you to commit to changing the outcome of your case! This week I want each of you to go to a law library or bookstore in your area and read anything and everything you can on family law. Once you have acquired the needed knowledge set a goal, form a plan and don't give up until you get what you want and need!"

As I drove home from the meeting I was filled with mixed emotions about what the speaker had said. On one hand I was encouraged that I could take control of my case, learn how the system works and resolve my ongoing legal problems. On the other hand I was very discouraged when I realized I had caused my own legal problems. I had lost in court because I had failed to learn the "rules of the game." Like millions of other men I thought I could strike an easy out of court settlement and go on with my life. How wrong I was! This was a very hard lesson for me! I was a college graduate. I was fairly intelligent and should have known better. My Ex-wife wasn't to blame, I was! I did this too myself! My failure was her victory!

The very next morning I decided to make the commitment to resolve my legal problems. As the speaker instructed I went to the local law library and read numerous books and articles. The following day I went to numerous bookstores and read many self-help books on family law. In addition, I searched the Internet and read everything I could about divorce and Family Law. The more I read the more I realized how mistaken I had been. 

Over the next six months I continued studying family law and attending the meetings sponsored by a local Fathers rights support group. In a matter of weeks my personal knowledge of law and family related legal issues began to flourish. In fact, I eventually became a board member of the statewide group. After a few months, I even enrolled in paralegal classes at a community college. A year later I was so committed that I enrolled in law school. Boy what a turn around!

My first year of law school I began offering self-help legal assistance and counseling to men. Also, I returned to court to resolve unfinished legal business. This time I was prepared for battle! I had done my homework!

On the day of court I discovered that my ex-wife had retained the same attorney she had used previously. When he saw me in the hallway I am sure he thought this would be quick and easy. After all I was so misinformed the first time. The attorney approached me and began telling me how ridiculous my request for hearing was and that he was going to "stick it to me" if I didn't drop the matter immediately. With confidence, I informed him I would not do so and would see him before the Judge. We did discuss the legal issues at hand and you could see that his attitude towards me was much different than before. The attorney made his routine offer of settlement that I promptly refused. He was now very concerned. He had recognized that something was very different.

About an hour later, we ended up in front of the Judge. Here's what happened: My child support went from $1,113.00 per month plus health insurance of $225.00 to $243.00 a month in child support and she paid the health insurance. Further, my visitation time-share with my kids went from 5% to 43%. It turns out that my ex-wife was earning over $100,000.00 a year. I had filed subpoenas with her bank and employers based on a rumor I had heard that she had a second job but I wasn't sure. The subpoenas revealed that she did in fact have a second job. She had not revealed this to the court. Even her attorney was unaware of this! In fact her "second job" earned her significantly more money than her regular job. Big mistake on her part! Needless to say I won the relief that I was seeking! My ex-wife may have won a previous battle but ultimately lost the war. Over the next six months there were other legal issues that I was able to resolve. I stopped her from moving out of state with the kids. In fact this did not even require a hearing. She accepted my legal explanation of what the court would in fact do and she decided not to move.

On another occasion the principal of the school that my children attended felt she had no obligation to provide me with copies of my children's report cards and other information. (Emergency medical contact information, Notice of parent-teacher conferences, transcripts etc. etc...) It's significant to note that my ex-wife's mother was the vice-president of the school board. The principal, vice-principal, teachers and school nurse were aware of this. No doubt that the decision to deny my parental rights was directly related to my mother-in-laws powerful position. Well, I filed a suit in civil court naming the principal, vice-principal, school nurse, the entire local and county school boards, and the California board of education. 

At the hearing the County's attorney spoke with me and expressed regret that this matter had to be filed. He agreed that the schools position could not be legally supported based on the family code. He informed them that their position was in error and the policy of preventing a parent with joint legal custody from viewing his children's school records was illegal and should be instantly changed. The matter was settled in the hallway and never made it to the Judge and for good reason. 

Here is the best part of this story: After successfully resolving the legal issues my ex-wife "got the message." She realized that I would never again allow myself to be used as a legal punching bag. There would be no more rolling over. No more defaults, no more passivity. I had become a pro-active participant. I had finally learned how the system worked and would vigorously defend myself in any future issue that might arise. And guess what? Once she understood she could no longer win automatically, Lo and behold we never had another legal dispute! Immediately following the last court hearing our conversations became civil but solely limited to the lives of the kids. Exactly the way it should be! (And should have been from the beginning)

My children are grown now and my personal family law struggles are over. I learned the hard way that what you do now will determine the quality of the relationship you will have with your children in the future. People forget that children are only in the custody of either parent for a relatively short time. After they reach the age of majority is when the real relationship begins! I was fortunate in that I discovered my failure in time. I was able to reverse a never-ending trend of court hearing after court hearing with no end in sight. It all changed that one evening after the meeting when I decided to commit to making needed changes in my attitude and approach to my case. I had learned a valuable lesson. Know the rules before you play the game! Once I discovered the rules of the game it all changed.

Finally, family law problems affect not only you but NEW wives, girlfriends, parents, grandparents, Aunts/Uncles, employer, friends and most significantly your children! Don't wait any longer! Don't wait until it's too late! Make a commitment now to change your life and the lives of all who are around you by learning how the family law system works. Do your homework first! You can bet your Ex has!   

By Mike L. Weening, Esq.




Mike L. Weening, Esq.

http://www.fathersrightsinc.com

http://www.fathers-rights-california.com

Sunday, December 12, 2010

Criminal Background Check - Who is Classified As a Sex Offender?

A person who is criminally charged with a sexual crime that involves verbal or forced assault on a victim is a sex offender. He may be charged and convicted for crimes that include sexual assault, lewd and incorrect behavior, forced sexual assault, sexual abuse, child sexual abuse, rape and even non-sexual offenses like kidnapping.

Shocking Sexual Assault Statistics

Here is a brief insight into the statistics for sexual assault. Criminal background check has revealed that:

o There are more than 500,000 sexual offenders in the United States alone.

o Almost 2/3rd of sexual assault victims are under 18 years of age. Of this figure almost 58% are less than 12 years old.

o 60% of all those convicted with sex offender crimes hold previous criminal records.

o 8 out of 10 rapists escape conviction and are released due to lack of evidence.

o On an average, a sex offender molests more than 100 children in his lifetime. More than 80% of the victims do not report the crime to the federal department.

o Almost all the victims are well aware of who the offender is but are too scared to initiate any sort of legal proceedings against him.

Yes! These staggering figures are actually true. Do you know what this means for you and your family? It means that you all might be in direct contact with a sex offender at any given point of time. A scary thought, isn't it?

In light of the above statistics, if you are in the process of hiring a nanny or a guard for your home but are not sure of their criminal background record then you should log on to a site on the Internet and view the entire details regarding the concerned person. By law, it is a compulsion for every sex offender to register their names, photographs, addresses and other details of the crime committed with the federal department. Other details pertaining to felony or misdemeanors are available on these sites.




Visit CORE online to get free access to more information on a sex offender background check.

Saturday, December 11, 2010

Child Support Laws and the History

Child Support

Child support can be traced back to the late eighteenth and early nineteenth centuries. In the young ages of the nineteenth century, the United States courts that handled cases of marital breakdowns and divorce, discovered that the present laws did not provide for a support action. The United States had inherited many of the English laws in that time, and those laws discovered that a father had a non-enforceable duty to support his children. In fact, English precedents forbade and third party from recovering that cost of support unless the cost was pre-approved by a notarized letter with the father.

In 1601, The Elizabeth Poor Law authorized local parishes to claim some of the funds they spent while caring for the custodial parent and their children who were not taking care of by the non-custodial parent. But this statue would only be prevailed on the mother and her children if they were extremely poor.

Child Support becomes the law

Child support continued to develop into the early 1900's. In 1950, the United States Congress pass the first federal child support enforcement legislation having state welfare agencies to inform the appropriate enforcement officials when it became necessary to provide aid to parents with children who had no support by the other parent.

In 1975, Child Support saw big changes, not just for the collection of support, but also for child support enforcement. The Social Security Act, was signed into law on the 4th of January 1975.

In 1984, the next big year for child support laws, when the Child Support Enforcement Amendments were established, requiring improvements in state and local enforcement programs. First, every state in America were required to develop income withholding from all non-custodial parents paying child support. States were also allowed to report any delinquent parents to consumer credit agencies if they were past due on their payments.




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Thursday, December 9, 2010

Sexual Assault Defense

The legal definition of sex crimes and sexual assault will oftentimes overlap. When sexual abuse includes physical harm or verbal sexual abuse, the type of sex crime may be considered "sexual assault" by the courts. Due to the malicious nature of these crimes, often times the courts will sentence those convicted to harsh consequences. Sentences vary from state to state, but all states include such penalties as large fines and jail time. People that have been convicted of these crimes may also be put on a list of sex offenders. This "National Sex Offender Registry" is made publicly available. Society tends to turn their heads away from these criminals, and therefore being registered can affect the criminal and their loved ones for their entire lives.

Sexual assault charges may be brought against people that have been assumed to be engaged in sexual contact without consent. This can occur at any age level. If a child under the age of 18 is involved, the consequences may be more severe. Common sexual assault charges are given to those accused of child molestation, sexual penetration, intercourse, inappropriate touching, or exposure of genitals.

Many people will assume those charged with sexual assault are guilty before they are even tried. However, many of these people are judged before all of the details of the case have emerged. The most effective way a person can defend themselves is through hiring an attorney. A defense attorney can help eliminate or reduce charges in many ways. This includes proving false or exaggerated testimony, showing their client's desire for rehabilitation, or, in the event they have never been in trouble with the law, pointing out the fact that the individual has a clean record.

For more information about sex crime defense, visit the website of the San Jose sexual assault attorneys at the Law Office of Daniel Jensen, P.C.




James Witherspoon

Wednesday, December 8, 2010

MICRA Victim - Rabbi Aaron Gottesman

Approximately 98000 Americans die every year because of medical errors. In California, a law that hasn't changed since 1975 takes away the right of injured Californians to hold an incompetent doctor or negligent hospital accountable for medical errors. California's "malpractice cap" limits compensation for pain and suffering because of medical negligence to $250000. This cap on compensation for injured Californians hasn't been adjusted for inflation since 1975. It would be more than $900000 in today's dollars. Put that in perspective: The minimum wage would be $2.10 an hour if it hadn't changed since 1975. The cap never changes, no matter how severely you are injured, if you lose your sight, your fertility, or even your child. Because of the cap, people who are injured - and don't make a lot of money - can't find attorneys in California. The cost to prepare and try a case for retired seniors, women who don't work, children or low-income Californians is often more than the case is worth. Without an attorney, health care providers aren't held accountable for hurting people with medical mistakes, neglect and abuse. This and many other videos are part of the site JusticeForPatients.org. JFP is an attempt to illustrate the human cost of this out-moded and arbitrary cap on a victim's financial compensation.



http://www.youtube.com/watch?v=zy5kyeRm0oA&hl=en

Tuesday, December 7, 2010

Domestic Violence Defense Lawyer - Attorney in Los Angeles

The Law Offices of Lawrence Wolf www.youareinnocent.com The experienced Domestic Violence Lawyers and Criminal Defense Attorneys at the Law Offices of Lawrence Wolf have been successfully representing clients accused of domestic violence, spousal abuse, and child abuse for over 30 years. We have defended clients accused of all types of Felony and Misdemeanor crimes and are prepared with extraordinary defenses and strategies to focus on getting your case dismissed or to alter or reduce your sentence. We have offices conveniently located throughout California to better serve you. CALL TOLL FREE TODAY FOR YOUR FREE DOMESTIC ABUSE CRIME CONSULTATION! 1-866-440-4659



http://www.youtube.com/watch?v=ghz_JZQAm3w&hl=en

Monday, December 6, 2010

MICRA Victim - The Gonzalez Family

Approximately 98000 Americans die every year because of medical errors. In California, a law that hasn't changed since 1975 takes away the right of injured Californians to hold an incompetent doctor or negligent hospital accountable for medical errors. California's "malpractice cap" limits compensation for pain and suffering because of medical negligence to $250000. This cap on compensation for injured Californians hasn't been adjusted for inflation since 1975. It would be more than $900000 in today's dollars. Put that in perspective: The minimum wage would be $2.10 an hour if it hadn't changed since 1975. The cap never changes, no matter how severely you are injured, if you lose your sight, your fertility, or even your child. Because of the cap, people who are injured - and don't make a lot of money - can't find attorneys in California. The cost to prepare and try a case for retired seniors, women who don't work, children or low-income Californians is often more than the case is worth. Without an attorney, health care providers aren't held accountable for hurting people with medical mistakes, neglect and abuse. This and many other videos are part of the site JusticeForPatients.org. JFP is an attempt to illustrate the human cost of this out-moded and arbitrary cap on a victim's financial compensation.



http://www.youtube.com/watch?v=LV6AXdWqXQQ&hl=en

Sunday, December 5, 2010

The Difference Between State and Nationwide Background Checks

The national background check is a combination of the Federal Criminal Records Check, Bankruptcy Records Check, Federal Civil Records Check and the Federal Inmate Search. These checks are done on a state wise basis for all the states. To conduct a national background check it is essential to have the first and last name of the person on whom the check is done along with the name of the state. The search is much more accurate when a middle name, city name, and SSN number are included and can yield results that may include docket, offense and disposition information. State level background checks include checking the Criminal Records Repository, Corrections Records, Sex offender registry, and Wanted and Warrant information if any.

While national background checks services may result in producing more information as greater number of records are checked state background checks can save a lot of time in most cases. When the name of the person about whom the check is being done is fairly common, it will be a tedious and long drawn affair to track down his/her details. If the search can be done just by looking into state records the amount of work in the search is drastically cut down as it would be limited to a single state, or another one or two states if needed, as against fifty states in a national search. Moreover, criminal records are usually divided by state making a search easier through state websites. Even the National Criminal Records Database (NCRD) is divided in to 50 states and is used for background searches as a national criminal directory.

It must be remembered that all states do not allow public access to information available in statewide criminal records. Many states allow accessing records online while others require submission of permission requests through specific authorization forms that need filling in identification particulars of the person seeking the information that include particulars like full name, date of birth, address, SSN number and county of residence. Information gained through a statewide record system may not be complete on account of limited date ranges or due to the limited number of criminal courts and offences for which records are maintained. Information available against searches made under 'offender' and 'inmate' categories produce results related only to those individuals who were sentenced to the state prison. Many states allow free online access to SORs (State Offender Registries). However, the information under this registry is usually limited.

All criminal record checks include information of convictions, and many times, arrest information also. Checks of the state child abuse registry can reveal whether a person was named in any report, however, all states may not permit registry checks. In such cases the state child protective services agency can provide access information.

Criminal cases that are instituted by the federal government like those related to counterfeiting, bank robbery and kidnapping including other offences that occur on federal property could be searched through the relevant federal court district, as federal crimes will not appear in searches made in state or county court records.

National Wants and Warrants search is a nationwide report to determine if a person has any outstanding and extraditable wants or warrants, which are registered with the NCIC (National Crime Information Center). Usually this report includes those, which have been issued against commission of felony offenses of a more serious nature, or outstanding county warrants that are later elevated to nationwide level.




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Friday, December 3, 2010

Child Molestation Attorney: What Is Statutory Rape?

As per the FBI definition, statutory rape is described as non-forcible sex with a person who is younger than the statutory age of consent. The actual age groups for these laws and regulations vary significantly from state-to-state, as do the punishments for culprits. Many states don't use the specific term "statutory rape," just calling it rape or illegal sexual penetration amid a variety of other titles. These laws and regulations rarely apply simply to intercourse, but rather to any kind of sexual contact. Dating an individual without sexual contact is not considered a kind of statutory rape, and it is rarely illegal. All states have an "age of consent," or an age where an individual can legitimately concur to sexual activity and may then no longer be a victim of statutory rape.

Most legislatures include statutory rape provisions in statutes that reprimand a number of different forms of sexual assault. Statutory rape is different from other types of rape for the reason that force and absence of consent are not essential for indictment. A defendant may be found guilty of statutory rape whether or not the complainant clearly consented to the sexual contact and no force was utilized by the actor. In comparison, various other rape usually happens whenever a person overcomes some other person by force and without having the person's permission.

Most states don't refer particularly to statutory rape; instead they use designations like sexual assault or sexual abuse to identify prohibited activity. Regardless of the designation, these offenses depend on the assumption that until an individual actually reaches a particular age, he is legally incapable of agreeing to sexual intercourse. Thus, rather than including force as a criminal element, these crimes make it illegal for anybody to take part in sexual intercourse with anybody below a certain age, besides his husband or wife. The age of consent may differ by state, with many states, including Connecticut, setting it at 16. The age of consent in other states varies from ages 14 to 18.

As soon as such instances reach the courts, it is usually since the activity has been found in such a manner about make ignorance lawfully actionable, or because someone is pressing a case through. Instructors and school counselors, for instance, are legally obligated to report child abuse, which includes underage sexual activity and molestation, to authorities. Or, a family member may bring charges because he or she disapproves of the relationship.

The strict administration of statutory rape laws is the most recent in a number of corrective measures which states have adopted lately in an attempt to pressure people to change their sexual and reproductive behavior. There's been significant doubt as to whether other such proposals (e.g., the so-called family limit, which denies additional cash benefits to ladies who bear kids while on welfare) will achieve their stated goals - lower birthrates among females more likely to require public help and reduced welfare caseloads and expenses. Also, there's widespread skepticism as to whether the utilization of statutory rape laws could have an evident consequence on teenage pregnancy as well as birth rates or with the number of young women who have sexual interactions with grownup men.




A child molestation lawyer from Rollins Law Group takes action to all client's condition for trial. A California criminal defense lawyer is actually significant for the reason that they may be used to agreeing to the hardest and tough circumstances.

Thursday, December 2, 2010

Parental Alienation Syndrome - How to Recognize That Your Child Is Alienated From You

Parental alienation is hard to understand mostly because it's hard to wrap your brain around how one parent would do this to your child and to you. It seems unconscionable that someone would position your own flesh and blood to perceive you as his or her enemy.

And moreover, it is utterly cruel to inspire a child to have disregard for his/her very foundation. But, it happens everyday-globally. It's most prevalent in divorcing couples in which there is domestic violence.

One might notice that parental alienation is a form of child abuse and, of course, as you can feel, it's a form of spousal abuse/ex-spousal abuse. Would you recognize parental alienation if it was happening to your child and to you?

Here are some basic signs and symptoms of parental alienation that you will want to be aware of if you suspect this is happening to you and your children.

1) Redefines Their Perception of You

You hear your child make comments suggesting that he/she thinks of and sees you different from they way they knew you to be all along. For example, you could be perceived as poor, mentally ill or a social outcast of sorts.

I have seen children who are victims of parental alienation adopt a belief that their financially thieving parent is financially destitute. Or, their well-respected parent who has never had a problem with the law is now a criminal. Or, their heterosexual parent is gay...is now a lesbian or a homosexual. Or, their health-minded parent is an alcoholic or a drug abuser... and in many cases, emotionally unstable or outright mentally ill.

Their belief is so strong that they become preoccupied in checking out this perception and they struggle with the incongruence. And then the day comes when they adopt their belief as fact... and from where they stand, you are their new perception of you.

2) Redefines Their Perception of Themselves

In the same way that they come to see you differently, they see themselves differently. They can purport new interests and a disregard for things and activities they once shared with you.

They may go so far as to say that they no longer do such and such... or they are not interested in that which lit them up with excitement and pleasure, weeks, months or years before.

The struggle they have in this new persona is that it is only a persona. Deep down inside, they know it and they also know there will be consequences if they don't go along with the alienating parent.

Over time, they come to believe in their new identity. And they insist that you see them as they now see themselves.

3) Your Child Is Afraid of You

Essentially, you become their object of fear and that supports their keeping their distance from you. You are not to be trusted because you may "hurt" them.

They are the vulnerable party with respect to you and you are their source of endangerment. You might recognize this in their guardedness in your presence. You may feel it in a lost, limp hug. Or, you may blatantly see it in their refusal to eat food that you have prepared.

Their fear of you can be so severe that they operate from a belief that you may kill them. Or, you may interfere with their relationship with their alienating parent. The irony here, of course, is ridiculous. It's the internalized projection of the alienating parent.

If you are an estranged parent or see the beginning signs of parental alienation setting in, know this is not about you. Rather it is about the alienating parent. Your child is a victim of the parental alienation, as are you.




For more information on healing domestic abuse and parental alienation, see www.preventabusiverelationships.com/psychological_healing.php and www.preventabusiverelationships.com/healing_from_within.php, and claim Free Instant Access to Survivor Success eInsights. Dr. Jeanne King, Ph.D. helps people nationwide recognize, end and heal from domestic abuse. Copyright 2010 Jeanne King, Ph.D. - Domestic Violence Prevention and Intervention

Wednesday, December 1, 2010

DNA For Child Custody

There is no question that the DNA test is far more familiar than it was only a year ago. Once upon a time, the threat of a paternity test was only ever seen in the closing moments of soap operas, a dramatic device to generate excitement and anticipation. Yet, with the human genome on the way to being mapped, and genetic testing becoming an important part of medical disease prevention, the paternity DNA test has entered the popular consciousness.

For many years, child custody cases were uncertain: it was often left to the judge to decide whether a man was the biological father: at best, he could rely on blood tests, which are hardly as accurate as a modern DNA test. And while paternity DNA testing might be dramatic, it has the virtue of being accurate and based on the latest research.

It is important to note that a DNA test is only admissible in a court of law if it has been appropriately administered, with the correct chain of information fully completed. In case where child custody is involved, an informal test is not acceptable. While they may clear the matter for the parents, they are unlikely to impress a judge.

For a DNA test to be valid in court, it has to have followed a strict procedure. Reputable laboratories will ensure that any of the DNA material has not been interfered with, and have the processes in place. Most importantly, the DNA from the paternity test must be taken and collected by somebody who has no family, friendship or emotional connection to the people who are being tested.

The reasons for this are obvious: if an interested party is taking the DNA, they might have a reason to cheat the system. In the case of a child custody case, this is far too risky.

The laboratory also has to ensure that the samples and their details for the paternity DNA test arrive at the laboratory in such a way that nobody could have swapped them or adulterated the materials.

Essentially, this makes the laboratory responsible for keeping a very close eye on the DNA from the moment it is sampled, taking notes at every stage. This way, they can provide detailed information, not only about the DNA itself, but how it was treated and by whom.

Perhaps the most important part of this chain is the laboratory itself. In order to comply with the legal guidelines, it has to have accreditation. This involves a serious examination of the processes within the actual DNA testing site, to make sure that the samples are safe and the actual method is correct.

In many ways, the law is enforcing good scientific behaviour, ensuring that the companies who manufacture DNA testing kits are not making money from parents' anxieties. At the same time, they are setting a stringent standard that helps the law from making mistakes, and supporting a fair outcome in this most sensitive of legal areas.




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Tuesday, November 30, 2010

Importance of Criminal Arrest Records

Searching for important information that you can use in order to trust someone in Michigan can now be undergone through utilizing Michigan Arrest Records. Such official documents can surely provide you with the peace of mind that you need. The process can be accomplished through the Internet in which you just have to provide a minimal amount of details regarding that said individual that you wished to search.

There are a lot of recorded files when you deal with Michigan Criminal Records. That makes it complex and not that easy to locate. However, fee-based service providers are now available. Unlike those services that are offered by the free-service providers, choosing the paid ones will ensure that kind of result that is professionally-conducted for you. Those professionals gathered such high-quality of report from various databases that are guaranteed to be accurate and their service is carefully made for your convenience.

Not to disregard those that offer free services, they actually also provides information regarding your search. However, you have to take note that the report that you'll receive might contain certain errors on some aspects especially because these arrest records are of high volume. Chances are there might be relevant information that will be lost, or the details may not have been conveyed properly which results to misunderstanding of the said report. To avoid such undesirable instances to happen, you can pay for that small amount of charge that will assure you to obtain that desired result and really get to know that someone that you're searching for.

Certainly, people have a lot of good reasons to search for these kinds of documents. These reasons may vary from one person to another, depending on the circumstances. However, one thing is sure, people wanted to be safe rather than regret at the end of the day. If you were an employer, would you feel confident to hire someone whom you knew was a convict of a certain crime? On the other hand, would you like to entrust your child's safety to that babysitter who was known to have a case for child abuse or anything like that?

Some of the many individuals who search for these Criminal Arrest Records are the attorneys. They usually conduct the search in connection to a trial that they're handling. Nowadays, owning a computer with access to the internet is an advantage already because that will allow you to perform your own search privately at the comfort of your own home or office. The good thing is that whatever you search online is considered confidential. Therefore, no one else but you knows everything.

Some relevant information that you can get out of your search must include those records in which the person was found guilty of any crime, any plea bargains, dropped charges, and other relevant information that is useful for you to decide as to how to treat or handle a particular person. If you wanted to be sure with your decision, trust only those fee-based private record providers since they're proven to give reports that are of much accuracy and contain information that you'll surely understand.




Do-it-yourself Michigan Arrest Records are tricky. Come and share our information on Criminal Arrest Records and see why.

Sunday, November 28, 2010

Seven Simple Tips About Child Custody Issues

The following advice comes from my heart and my personal experience. I am not a lawyer. I did graduate from college with a degree in Communications, however, that does not qualify me to offer professional legal advice. If you read this article, remember you must consult an attorney to get help for your specific situation. There are numerous, diverse issues surrounding legal custody of your children. Laws vary from state to state. Each individual situation is different depending on your personal circumstances, such as: marital status; employment; income; other financial resources; family support; relationship with other parent; past history of abuse or domestic violence; arrest record; and past role in children's life. The following ideas are only some suggestions to consider if you are fighting for custody of your children or if you fear that you may have to battle the father/mother of your children for custody. My first suggestion comes from my own terrifying experience. 1 - Don't think you will never have to fight for custody of your children.

Don't assume you know the father/mother of your children so well, that you have no fear of being forced to fight this man or woman to retain your parental rights. Don't foolishly trust everything the father/mother of your children tells you. If they were planning to file for custody of your children, do you really think they'd let you know in advance? Obviously if they gave you with any type of a warning, you would have time to obtain your own lawyer and try to beat them at their own game. So of course, they're going to lie about their intentions if they're planning to seek custody of your children. And they're going to try to make their lies sound so sincere, so convincing and so honest that you could easily be deceived. The only advice I have about how to tell the difference between a lie and the truth is - go with your gut instinct. If you have any reason to believe they may be thinking of filing for custody of your children, follow your heart. If you have any doubt about how honest they're being with you, don't wait around to see what happens next. Time is critical, so don't delay taking action to protect yourself if you feel threatened or mislead in any way. 2 - Be very careful about who you trust with important information. You may be shocked to find out how quickly word travels from what you tell your friends or some of your family members to the other parent's friends or family members. People love to gossip. Rumors spread like wildfire with little regard for you or your children. The only way to extinguish flaming tales of your tragic situation is to keep your mouth shut. Don't share your side of the story with anyone unless you are willing to bet your life and your future with your children on their loyalty to you. When you're hurt by the actions of the father/mother of your children, it can be very difficult to not talk about your feelings of disbelief, anger, anxiety and devastation, but it can hurt you more in the long run to share your emotions with even your closest friends and family. You never know who will repeat what you say to whom and there's nothing worse than being stabbed in the back by someone you thought you could trust. This may be the most expensive, bitter battle of your life. Don't risk the outcome by revealing significant factors of your defense to more than a few of your closest friends or family members, who you trust with all your heart. The stakes are high in any custody case. Gambling in this situation can reduce your credibility, destroy your reputation, ruin your defense strategy and significantly decrease your chances of winning in court. 3 - Hire a lawyer. You do need one.

You're selling yourself short if you don't seek legal advice. Unless you have incredible knowledge of the child custody laws in your state, if you are not represented by an attorney, you will probably be manipulated, intimidated and mislead by the attorney hired by the father/mother of your children. Lawyers are not cheap. Hourly rates vary from $100 to $300 an hour. Be prepared to pay anywhere from $200 to $500 just for an initial consultation, which is the first step in finding a lawyer to represent you. Once you share your side of the story with an attorney, they should tell you what they believe the chances are for you to prevail, what their strategy would be to defend you, and how much they will require as a "retainer fee." Retainer fees can range from $500 to $5,000 for a really good lawyer. You must pay this money up front before they will take actions to represent you. This fee is usually put into an account that your attorney uses to fund your defense. Each phone call, office visit, fax correspondence, conference call with other attorney, review of your message on voice mail, etc. costs you money. The attorney deducts these costs from the retainer fee. 4 - Seek free legal advice if you cannot afford to pay for an attorney. If you cannot afford a lawyer, most states have free legal services available for people, who qualify for this type of assistance based on their income. If you have time to look for a lawyer, one of the best ways to find a good attorney, is by asking friends, family, business associates - people with knowledge in this field - people you respect and trust. What you hear by word of mouth will probably give you more honest insight into a lawyer's ability than any advertisement claiming to offer the best attorneys for your case. If you think you can't afford to hire an attorney, consider whether you can afford to lose custody of your children. The choice is yours. Where there's a will, there's usually a way. You may have to take a bank loan, remortage your house, borrow from friends or family members, sell your favorite toys, cash in savings bonds, withdraw from your retirement account, pawn your diamond ring, or cancel your cable television, cellular phone service, or other little luxuries, but aren't your children worth making any sacrifice to ensure your future together? 5 - Watch your back.

Consider every move you make with extreme caution. You would be surprised how stupid little actions you take can be twisted to appear negative or illegal. Don't do anything remotely illegal, like: lying on your tax return; taking a job that pays "under the table;" drinking and driving; associating with people who may be linked to potentially illegal activities or visiting establishments with questionable reputations. Make an extra effort to keep your house clean, free of products containing alcohol, and full of items essential for proper feeding, bathing, teaching, and caring for your children. You never know who is watching you or when you may get a knock at the door from the local Child Welfare authorities, who received an anonymous report that you're an unfit parent. If you believe in the "always innocent until proven guilty" concept, you may be disappointed. Better safe than sorry when it's your children, your reputation, your parenting skills, your mental stability and your life that's on trial. 6 - Never ever sign anything that your attorney hasn't read. Better yet only sign documents related to your child custody case in the presence of your attorney. Even though it takes less than a minute to apply your signature to a piece of paper, it can take months to reverse the terms you agreed to be signing a legal document. 7 - Remember no matter how much you're hurting and regardless of how much you loathe the father/mother of your children, a child custody case is not about you.

It's about your children. It's about what's best for them. The court battle and the consequences of the outcome have the potential to hurt your kids more than anyone.




Resource Box - © Danielle Hollister (2004) is the Publisher of BellaOnline Quotations Zine - A free newsletter for quote lovers featuring more than 10,000 quotations in dozens of categories like - love, friendship, children, inspiration, success, wisdom, family, life, and many more. Read it online at - http://www.bellaonline.com/articles/art8364.asp

Saturday, November 27, 2010

Custody Rights of Mothers

Mothers and fathers both have a prominent role to play in supporting the growth and development of their children. The basic opinion of the child and the mother is highly ignored while determining the custody of the child. Because a father earns more than a mother, it does not entitle him to get the custody of the child in the event of a divorce. This situation is changing in recent times. Child custody is being awarded to the parent keeping in view the best interests of the child.

In spite of all the legal complications during a child custody trial, all 50 states within the US have statutes that clearly determine the custody rights of a mother. Mothers are often viewed as the primary caretaker and the natural custodian of the child in cases involving paternity trials. In these cases mothers have the right to file a petition against the father on behalf of the child asking him to prove whether he is the biological and legal father of the child or not. Once the paternity of the father is proven, mother has the right to ask for child support payment on behalf of the child. Apart from this, she can also request the father to pay for the medical and health insurance of the child, share the medical expenses incurred on the birth of the child, pay a portion of the mother's attorney fees and litigation expenses. Courts generally do not support the statement that a father need not pay for the support of the child.

Apart from this, in cases where the father does not fulfill his responsibilities pertaining to parenting, mothers have the right to ask the courts to terminate the custody rights of the father. In such cases, the custody rights of the father would be transferred to another person selected by the mother, if the father is found to abandon the child for a prolonged period of time. Mothers can even ask the courts to nullify the visitation and custody rights of the father, if they feel that their children are experiencing physical abuse and domestic violence. In situations where the physical and mental stability of the father is affecting the emotional and psychological development of the child, mothers can file a petition before the court asking for transfer of custody.




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Thursday, November 25, 2010

DNA Paternity Testing Can Help Stop Fraudulent Child Support

Though many laws about child support and child custody are different from state to state all of them require that there is solid proof that a relationship exists. If you want to get custody of a child you believe to be your own you need to prove that you are indeed related to that child. If someone takes you to court seeking child support they must prove your biological relationship to the child. Traditionally relationships between parties has often fallen to judgment by common law or what was "reasonable" to assume. Now that DNA technology is available for widespread use it has caused a change in the way paternity claims are dealt with.

More often than ever before a large group of shocked alleged fathers are finding that the kids they've raised as their own aren't really "theirs." While the mental impact of such a discovery can be distressing to say the least, there is further emotional distress when the man who has been known as the child's father suddenly gets the fact that he's paid years of child support payments, sometimes many, many thousands of dollars,that he shouldn't have had to pay.

Case in point: Bert Riddick of California. As reported in a Los Angeles Times story Mr. Riddick was getting ready to leave on business when the woman who would soon be his wife discovered a court summons. In that summons Riddick was called forward as the father of his ex-girlfriend's baby. Riddick had to attend to business elsewhere and couldn't go to the hearing. When he returned home Mr. Riddick found that his wages were already being garnished. The common practice of declaring a man "guilty" by default had declared Riddick the father because he had not proven otherwise.

It didn't take long before the court's ruling destroyed Riddick's new family financially. Wage garnishments followed him wherever he found work and soon there wasn't any way he could support his now growing family. Soon after their second child was born the family car was repossessed, the Riddicks were thrown out of the home they rented and his wife was forced to apply for welfare benefits.

The Riddick family was forced to rely on the kindness of relatives who allowed them to stay in their home, the Riddick children in a tiny room together. Though Riddick's life had been brought to ruin and his family became destitute a simple home DNA test eventually proved that Bert Riddick was not the father of the child he'd had his wages garnished for all these years.

One Michigan man, Doug Richardson, paid child support for fifteen years on a kid that wasn't his, an amount of roughly $80,000. He claims in the Detroit News that not only was he supporting a child who was not his, but he was financially supporting the child's real father a man involved with Richardson's ex-wife. Doug says he's been tormented by this issue for the last fifteen years. At one time Richardson was forced to file bankruptcy because he couldn't pay his bills. He has back taxes and the penalties that go with them to pay. Fraudulent child support collections have destroyed his life but Doug Richardson is ready to fight back. With the assistance of DADS of Michigan founder Murray Davis, Richardson is looking for legislative support that could offer relief for those paying child support for kids that aren't theirs. This move would request that courts are required to nullify support orders where DNA testing has proven that paternity fraud exists.

A dozen other states offer legal protection to men who disprove paternity in such cases and there are a great number of men in Michigan who would welcome the change. In 2005 almost twenty five percent of the states DNA paternity tests done for children born out-of-wedlock proved to be negative. In Georgia, if a man proves that he is not a child's father his child support order will be ended. Maryland no longer has a limit on how long one can take to challenge a paternity case, something a lot of other states are looking at seriously. DNA paternity testing is now an established and important legal part of many paternity cases in the United States.




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Wednesday, November 24, 2010

Dr. Lorandos explains defense strategy in claims of domestic violence

www.falsely-accused.net Dr. Lorandos explains defense strategy in claims of domestic violence At Falsely-Accused.net we explain that the law defines Domestic violence as the willful infliction of corporal injury resulting in a traumatic condition on ones spouse, former spouse, live-in-lover, former live-in-lover, or the mother or father of ones child. This can also apply to someone that you have had a dating relationship or a romantic relationship with. The term traumatic condition can be any wound or injury regardless of the seriousness of the injury or wound. Essentially this means that any physical force applied to one of those people, that results in even the slightest injury can result in your arrest and prosecution for Domestic violence. Why? The OJ Simpson case had a serious impact on California law, as well as the law in many other states, regarding domestic violence cases. The Simpson case resulted in changes to the law by many state legislatures, California in particular. The most significant of these changes involves the manner in which police agencies respond to domestic disturbance calls. Police officers have been stripped of their role as mediator between a husband and wife when involved in a domestic disturbance. Simply put, if there is an accusation of spousal abuse, no matter how slight or insignificant, someone is going to be arrested. Someone will go to jail. And its usually the man, even if both parties are claiming the other started it. The role of ...



http://www.youtube.com/watch?v=mlNyzFxOfOc&hl=en

Tuesday, November 23, 2010

Planned Parenthood's Disregard for Parents' Rights To Know

Planned Parenthood's Disregard for Parents' Rights To Know: Diana Lopez's 13-year-old daughter gets secret abortion at Planned Parenthood Abortion Clinic. HELP PARENTS PROTECT THEIR DAUGHTERS by promoting the Parents' Right to Know and Child Protection ballot initiative, which will require a doctor to notify a parent or legal guardian 48 hours before an abortion is performed on their minor daughter. Parents have the right to know about any significant activity of their under-age teens. Senatorial candidate John Pinkerton (D-CA) comments: "Parents must give consent before their child can have their ears pierced or a tattoo put on. In fact, in public schools and emergency rooms, parents must give consent before their child can be treated with so much as an aspirin. Most voters agree that it is outrageous to allow a child to undergo any surgical procedure, let alone an invasive, irreversible procedure such as an abortion, without parental notification." A woman who has an abortion in secret, and experiences complications may be disinclined to reveal the problem to her parents. Complications could conceivably develop to threaten the woman's life. There have been situations in which a child molester has secretly taken an under-aged girl to have an abortion, in order to cover up his crime. Parental notification could help expose the sexual abuse. Deciding whether to have an abortion or continue the pregnancy will probably have a major long-term impact on the teen's ...



http://www.youtube.com/watch?v=nhQ2w5e4chk&hl=en

Monday, November 22, 2010

Georgia Child Support Enforcement

Separation or divorce is never easy on any of the parties involved. But it can be especially difficult if the non custodial parent is avoiding his responsibility of paying court ordered child support. If you happen to live in the state of Georgia and are having issues collecting the child support due to your child, you can receive assistance from the Georgia Child Support Enforcement Services.

There is a website created for parents to visit which does a reasonably good job of answering most commonly asked questions regarding who to contact. There is also contact information available. You can get to this information by visiting Georgia.gov. Some of your questions can actually be answered right on the Georgia Child Support Enforcement Services website.

One of the more impressive websites is The Child Support Web. com. This site links you to state child support offices, regional child support offices, as well as showing you child support guidelines. There is also information listed on deadbeat parents and how to collect the child support owed. This website is a goldmine of information regarding not only Georgia Child Support Enforcement Services, but all other states, as well. You will also find articles relevant to collection methods and how to find attorneys.

These two websites provided the most information regarding Georgia Child Support Enforcement Services and this information was free as well as the services performed. There are also other organizations set up to help collect any back child support money owed to you, but there is usually a fee associated with these agencies. Supportkids.com is one such organization. These people seem quite dedicated to helping you collect your over due child support, but there is a fee for their services. It is based on contingency from the money they collect on your behalf. You will not have any out of pocket fees to utilize this service. The fees are decided on a case by case basis and you will be informed what your fee will be once you have filled out the online application.

As you can see, if you are a resident of Georgia, there is hope. The Georgia Child Support Enforcement Services will provide you with all the help available to them, as they want your child to be cared for just as much as you do. In addition, if you choose one of the more reputable fee based agencies to help you, it may just be worth the fee to finally get this money your child deserves. If they are successful in collecting the money, even with the fee involved, it is more money than you had when you started.




If you would like more information on Parenting subjects then visit the authors site here http://parentingadviceworld.com
Why not visit the authors site today for lots of great Parenting Advice.

Saturday, November 20, 2010

Bench Warrant Lawyer Barry Gerald Sands 877-247-2746

Los Angeles Criminal Defense Lawyer, Barry Sands has been helping clients throughout Los Angeles obtain successful outcomes for their criminal charges for years. Barry Gerald Sands is a leading Los Angeles criminal defense attorney with over 20 years courtroom experience. From defending misdemeanors to felonies, Attorney Sands is prepared to handle all criminal case matters. Mr. Sands has an upstanding reputation and is one of California's premiere criminal defense attorneys. With two law offices conveniently located in Los Angeles and Century City, Attorney Sands is easily accessible to clients throughout California. If you have been charged with a drug crime, sex crime, or domestic violence, it is in your best interest to consult with an experienced defense attorney immediately. Crimes of this nature are prosecuted by aggressive District Attorneys who are eager to obtain convictions. You will need an attorney on your side both in and out of court. By retaining the services of a Los Angeles Criminal Defense Attorney, you stand a better chance of avoiding a criminal conviction. Los Angeles Areas of Practice People who are charged with a criminal offense face a great deal of emotional turmoil and confusion. The Los Angeles criminal process is not easy to comprehend, and even small mistakes can lead to costly consequences. This is why it is always in the person's favor to work with a reputable criminal defense attorney. A Los Angeles defense attorney can inform you of you ...



http://www.youtube.com/watch?v=oUR0J84x-DI&hl=en

Friday, November 19, 2010

Rhode Island Child Support Guidelines - The Overtime Question!

If you need to calculate or recalculate child support based upon either an initial complaint for divorce or a Motion to Modify Child Support then you may want to approach the subject with care if you are the one paying the child support and you work overtime.

Overtime may be considered by the Rhode Island Family Court judge in determining the amount of child support you should be paying. This is tricky not because the calculations become more cumbersome and not because the case law or statutes provide for any specific way of determining how much, if any, overtime should be factored into your gross income for purposes for calculating your Rhode Island Child Support obligation. Rather, this is tricky because this particular issue is left to the sound discretion of the Rhode Island family court judge presiding over your case.

This wouldn't be quite so tricky if it weren't for the fact that each judge may exercise his or her discretion differently and have differing ideas on whether overtime pay should be factored into your gross income for child support calculation purposes and why.

Overtime pay continues to be an issue that has lead to very frustrating results for some parents who appear before the Rhode Island Family Court system for that very reason.

As you can imagine it is very difficult to meet with a client who poses the question, "Will the 20 hours of overtime I work each week be factored into my gross income when it's time to calculate my child support?" and give them such a definitive answer as . . . . "maybe" . . . or, "it depends".

Not surprisingly, prospective clients and those who consult attorneys on this issue are often upset to find that there is no set answer that is applied universally to each case. Most people expect consistency from the family court judges on this singular issue and are shocked to find that this actually depends upon the judge's ideas on the subject and occasionally on their attorney's ability to emphasize a point strongly enough that the Rhode Island family court judge sees it as inequitable to include the overtime pay in gross income of the child support paying parent.

Ultimately, when dealing with the issue of overtime and whether it should be considered as part of the parent's gross income it may become a matter of which judge is assigned to your case and his or her particular views on the subject.

Does this lead to consistent results on the subject of overtime inclusion in gross income for purposes of child support? No, it doesn't. At best, there may be consistency regarding a particular judge's rulings on the subject. However, there isn't really any consistency across the Rhode Island family court judiciary on this subject.

It should come as no surprise then that a Rhode Island lawyer who focuses his or her practice in the areas of divorce and family law issues can be your best advocate here and give you the best indicators of success regarding this issue once he or she becomes aware of who the judge in your case will be.

As a general rule of thumb, your should anticipate that overtime pay will be considered and factored into your gross income for purposes of determining child support under the Rhode Island Child Support Guidelines if you work overtime with any degree of regularity and consistency.

It's like the old saying. Plan for the worst but hope for the best.

It pays to have the Right Lawyer on your side!




Visit Rhode Island Divorce Blog Articles by Attorney Christopher Pearsall

For More Comprehensive Information Visit LawyersRi.com

Contact Attorney Christopher Pearsall at (401) 354-2369 for affordable legal advice.

This article is for informational purposes only and is not legal advice. You should not take legal action without legal advice from a licensed practitioner who has been fully informed about your specific circumstances.

The Rhode Island Supreme Court licenses all attorneys in the general practice of law and has no procedure for recognition of specialties.