Sunday, October 31, 2010

Tips to Get Good Representation, Particularly in Child Custody Cases

Into all our lives some rain must fall, as the saying goes but when times are getting too difficult then it must be time to call in the help of the professionals to work out a better way to lead our lives. A child custody attorney is one of those experts who will have the answers to some of the problems when a couple is at the end of their marriage. By using a custody attorney a way through the mess is sure to be made easier.

Many people, when they get married and settle down to raise a family, will think that nothing could ever go wrong in the relationship. Life is sweet and the kids start coming along to complete the family set up. Then disaster strikes for whatever reason, and the couple now find themselves enemies instead of the loving pair that they thought they would always be.

Unfortunately, in many cases the kids now become the weapon which the couple uses against each other in the battle for supremacy. This is not right of course but when tempers and emotions are running high then no one is willing to listen to reason.

The first thing that a court will decide is who will keep the children with them and which partner will get visitation rights, if any. There will be a lot of arguing and evidence giving which leads to the decision and this is when most couples start to see the other person with new eyes. Men will accuse the wife of being unfaithful or not a fit mother, while the women will bring evidence of infidelity or cruelty, both mental and physical, which will add more fuel to the fire.

The warring couple very often loses sight of the needs of the kids involved in their battle for supremacy and this is where the professionals come into the picture. Working out who gets what from the assets that have been built up is only a part of the separation of their lives. These are only things so are much less important than the lives of the kids.

Depending on the age of the kids, they too can be brought into the court to say who they would prefer to live with and the judge will take this into account when making his decision. However, he must wade through a lot of other evidence too before he works out the best deal for the kids.

Depending on the evidence brought to court by the professionals and experts, the judge will make his decision on who gets to keep the kids. If he thinks that the other person is stable enough, he will proclaim visitation rights which have to be followed to the letter. Any wandering from these rules may result in the visitation rights being withdrawn or altered to a more severe format.

This is a tough time for all concerned so seeking help from the professionals is absolutely necessary and unavoidable and may pay dividends in the end.




Connor Sullivan has spent time with a Las Vegas child custody attorney researching an article on the subject. He was very impressed with a Las Vegas custody attorney on how he handled his cases.

Saturday, October 30, 2010

Ten Steps For Parents to Help Prevent Child Abuse

It has been said that no parent wants to harm their children because all parents love their children. True or not, there are at least two parents - parents who are loved by their kids and those who are not for some reason. One of the reasons could be child abuse or neglect. Here are some helpful suggestions for parents to help themselves and other parents eliminate the chance of causing any harm to children.

1. Be a model by being a good parent yourself. You are a good parent because your children need all the best love and care they deserve and not to show other parents that you are better than them. By being a good parent you automatically become an inspiration if you are concerned about that.

2. Offer help to others. If you find it difficult to be a parent, for sure others also find it difficult and some are in a more difficult situation than you are in. Be helpful to these people by being a caretaker of their children for a specific hour of week so that the parents can have time for themselves of concentrate on some necessary tasks.

3. There are times when life is too much to bear, don't blame your children for the misery. Do seek some help either from other parents, friends, or professionals.

4. One of the most stressing periods of parenthood is when the kids are in their infant years. Some cry a lot that parents become to frustrated. You wish they could talk but they can't. Never ever shake the baby. Clear your mind and know exactly what could be wrong. For first time mothers, it is always helpful to have a mentor, an experienced mother of course.

5. Go out of your way offer some good suggestions to community leaders in developing services to meet the needs of healthy children and families. You can visit your clergy, your local library and community schools. Seek suggestions also from other parents who are equally concerned.

6. Focus specifically in your local library. Help develop and maintain resources for good parenting. Most libraries lack this. Organize reading groups both for parents and children.
7. Another area of concentration is your child's school. During meetings with teachers, school officials, and other parents, help conceptualize ideas on how to keep your children safe and healthy.

8. Be aware how much time your children spend time in watching television and playing video games and make sure that these things will not influence your child to develop violent or promiscuous attitudes. Be aware that children can harm or influence other children.

9. If there is any organization that has a child abuse prevention program in your area, get involved by becoming a volunteer.

10. If you suspect any abuse or neglect to a child you know, do not waste time to report the case to the proper authorities.




© 2008, Joe Loiacano
Available for free reprint in original content only.

Joe Loiacano is a staunch advocate against child abuse and homelessness both in the United States and abroad. To see how you can help our children and for volunteer opportunities please visit http://www.childadvocates.org

Friday, October 29, 2010

MICRA Expert - Tom Baker, Part 1 of 2

Several Americans die due to medical errors every year. 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=bjQrcY5D3nA&hl=en

Thursday, October 28, 2010

Do I Need a Personal Injury Attorney?

In many cases a personal injury attorney can be very beneficial to you or a member of your family. The attorney will do what ever he or she can to get compensation for their client for personal injuries caused by the actions or negligence of another. If you live in California, contact a California accident attorney for assistance in a personal injury matter.

Personal injuries are considered to be any harm caused to a person. These injuries can include a broken bone, a cut, or a bruise. It can also refer to the invasion of personal rights, which can include mental suffering and false imprisonment. In the case of workman's compensation it refers to any harm, including a preexisting condition getting worse, which arises in the capacity of the person's job, can also be considered personal injury. There are many different types of situations, which will come under the law regarding personal injury.

A personal injury attorney can file a claim for any type of bodily injury, sickness, disease, or death caused by an event for which a person or a corporation may be held liable. In a possible personal injury claim the first step the attorney will take is to determine whether the person or corporation is truly at fault for your injuries and therefore legally responsible. You, as the client, should examine if the damages you are claiming truly reveal the extent of your injuries or your losses. These losses can be the value of property, wages, or out of pocket expenses, such as medical bills or repair cost.

If the attorney determines, the person or corporation you claim to be at fault for your injuries, is in actuality at fault, the attorney will then go to work. In order to seek the compensation you are asking, the attorney will need to have evidence to prove your claim. He or she will get your case ready to be presented to the court showing the defendant's clear liability in the case of your injuries. Many times cases are settled out of court rather than going to trial and allowing the court to decide. If this is the outcome of your case, attorney will battle on your behalf.

In many states there is a statue of limitations, which controls the amount of time in which a person is allowed to file a claim. If you feel you may have a personal injury case, you need to contact a personal injury attorney as soon as possible. If you wait to long, the opportunity could pass. The attorney will be able to answer any questions you might have and will provide you with assistance, which you will need.




For more information about all types of injuries, accidents, and wrongful death lawsuits visit the Injury Lawyer Group.

Tuesday, October 26, 2010

Shot By Cops & Charged With Two Felonies, Pro Per Defendant Acquitted!

shotinreverse,info Amazing story of determination and success despite all odds. This video is a summary preview of the entire 3 part 30 minute interview with southern California resident Vincent Arias, which will be posted soon. --------------------------- This is another one of those stories we hear so often, about someone who is shot by cops who then claim the motorist 'tried to run them down'. In most instances the motorist is simply slaughtered on the spot, with the shooting ruled "a good shoot" by the police department, thus justifiable. In this case, the man, Vincent Arias, was shot by police and escaped, only to be turned in by his own wife, who was threatened with having her kids stolen by 'department of child services'. Arias was then taken to twin towers jail in Los Angeles and held there for almost two years, with the DA demanding over a million dollars bond to let him out. Arias was charged with two felonies in October 2004; attempted murder of a police officer and assault with a deadly weapon (his '94 Chrysler). After putting up with big bills and stall tactics by a series of unimpressive lawyers, Arias fired them all; and with the help of a black cellmate he befriended, used the law library and accumulated knowledge to represent himself. Offered a plea deal of 20 years by the DA, Arias, who had been facing a minimum of 35 years for each felony, rejected their 'deal' and was aquitted on all charges by a jury of twelve people in August 2006. A truly amazing ...



http://www.youtube.com/watch?v=ZJ93e7CJs9s&hl=en

Monday, October 25, 2010

Michael Jackson Awards Life

MICHAEL JACKSON Background information
Birth name:Michael Joseph Jackson
Date of birth:August 29, 1958
Gary, Indiana, U.S.
Died June 25, 2009 (aged 50)
Los Angeles, California, U.S.
Genre(s) Pop, dance, R&B, rock, soul
Occupation(s) Singer-songwriter, producer, dancer, choreographer
Voice type(s) Soprano, tenor,[1] falsetto[2]
Years active 1964-2009
Label(s) Motown, Epic

HISTORY
Michael Joseph Jackson (August 29, 1958 - June 25, 2009), often dubbed the "King of Pop," was an American recording artist, widely regarded as one of the greatest entertainers of modern times. With his trademark black fedora and single, sequined glove, his unique contributions to music and dance, along with a highly publicized personal life, made him a central part of popular culture around the world for four decades.

One of the few artists have been inducted into the Rock and Roll Hall of Fame twice, his achievements included multiple Guinness World Records-including the "Most Successful Entertainer of All Time"-13 Grammy Awards, 13 number one singles, sale of over 750 million records. He was also a notable philanthropist, donating millions of dollars to the 39 charities he supported, and raising more through his own Heal the World Foundation.

The seventh child of the Jackson family, he made his debut in 1968 as a member of The Jackson 5, beginning a solo career in 1971. His 1982 album Thriller remains the best-selling album of all time, with four others-Off the Wall (1979), Bad (1987), Dangerous (1991), and History (1995)-among the best selling. He popularized several physically complicated dance moves, such as the robot and the moonwalk, now iconic. He is widely credited with having transformed the music video from a promotional tool into an art form, with videos such as Thriller, "Beat It" and "Billie Jean" making him the first African American to amass a strong crossover following on MTV, and others, such as "Black or White" and "Scream", ensuring his popularity well into the 1990s.

Jackson's personal life generated significant controversy. His changing appearance was noticed from the early 1980s, his skin appearing paler and his facial features becoming almost androgynous. He was accused in 1993 of child sexual abuse, and though no charges were brought, his health suffered when he started using painkillers to cope with the stress. He married twice, first in 1994 and again in 1996, and brought up three children, one of them with a surrogate mother, actions that triggered more speculation about his life. In 2005, he was tried and acquitted of different child molestation allegations, which provoked a further decline in his health. Jackson died at the age of 50 on June 25, 2009, in Los Angeles, after suffering a cardiac arrest. His memorial service was broadcast live around the world, watched by up to one billion people.

Early life and The Jackson 5: 1958-75

Jackson was born the seventh of nine children on August 29, 1958, in Gary, Indiana, an industrial suburb of Chicago, to an African American family. His mother, Katherine Esther Scruse, was a devout Jehovah's Witness, and his father, Joseph Walter "Joe" Jackson, a steel mill worker who performed with an R&B band called The Falcons. Jackson had three sisters, Rebbie, La Toya, and Janet, and five brothers, Jackie, Tito, Jermaine, Marlon, and Randy
Jackson had a difficult relationship with his father. He said that he was physically and emotionally abused during incessant rehearsals, whippings, and name-calling, though he credited his father's discipline for his success In one altercation recalled by Marlon, Joseph held Michael upside down by one leg and "pummeled him over and over again with his hand, hitting him on his back and buttocks". Joseph would also trip or push the boys into walls. One night while Michael Jackson was asleep, Joseph climbed into his room through the bedroom window, wearing a fright mask and screaming. He said he wanted to teach the children not to leave the window open when they went to sleep. For years afterward, Jackson said he suffered nightmares about being kidnapped from his room Joseph acknowledged in 2003 that he had whipped Jackson as a child.

Jackson first spoke openly about his childhood abuse in an interview with Oprah Winfrey broadcast on February 10, 1993. He said that he had often cried from loneliness and would sometimes throw up when he saw his father. In an interview with Martin Bashir, aired on February 3, 2003, as Living with Michael Jackson, he covered his face with his hands and began crying when talking about his childhood abuse. He recalled that Joseph sat in a chair with a belt in his hand as he and his siblings rehearsed, and that "if you didn't do it the right way, he would tear you up, really get you
He showed talent early in his life, performing in front of classmates during a Christmas recital at the age of five. In 1964, he and Marlon joined the Jackson Brothers-a band formed by brothers Jackie, Tito, and Jermaine-as backup musicians playing congas and the tambourine. Jackson later began performing backup vocals and dancing; at the age of eight, he and Jermaine assumed lead vocals, and the group's name was changed to The Jackson The band toured the Midwest extensively from 1966 to 1968, frequently performing at a string of black clubs known as the "chitlin' circuit", where they often opened stripteases and other adult acts. In 1966, they won a major local talent show with renditions of Motown hits and James Brown's "I Got You (I Feel Good)", led by Michael.

The Jackson 5 recorded several songs, including "Big Boy", for the local record label Steeltown in 1967, and signed with Motown Records in 1968.[3] Rolling Stone magazine later described the young Michael as "a prodigy" with "overwhelming musical gifts", writing that he "quickly emerged as the main draw and lead singer The group set a chart record when its first four singles ("I Want You Back", "ABC", "The Love You Save," and "I'll Be There") peaked at number one on the Billboard Hot 100. During The Jackson 5's early years, Motown's public relations team claimed that Jackson was nine years old, two years younger than he actually was, to make him appear "cuter" and more accessible to the general public

Starting in 1972, Jackson released a total of four solo studio albums with Motown, among them Got to Be There and Ben, released as part of the Jackson 5 franchise, and producing successful singles such as "Got to Be There", "Ben", and a remake of Bobby Day's "Rockin' Robin". The group's sales began declining in 1973, and the band members chafed under Motown's strict refusal to allow them creative control or input. Although they scored several top 40 hits, including the top 5 disco single "Dancing Machine" and the top 20 hit "I Am Love", the Jackson 5 left Motown in 1975

1975-81: Move to Epic and Off the Wall

The Jackson 5 signed a new contract with CBS Records in June 1975, joining the Philadelphia International Records division, later Epic Records, and renaming themselves The Jacksons. They continued to tour internationally, releasing six more albums between 1976 and 1984, during which Jackson was the lead songwriter, writing hits such as "Shake Your Body (Down to the Ground)", "This Place Hotel," and "Can You Feel It".

In 1978, he starred as the scarecrow in the musical, The Wiz, and it was here that he teamed up with Quincy Jones, who was arranging the film's musical score. Jones agreed to produce Jackson's next solo album, Off the Wall. In 1979, Jackson broke his nose during a complex dance routine. His subsequent rhinoplasty was not a complete success; he complained of breathing difficulties that would affect his career. He was referred to Dr. Steven Hoefflin, who performed Jackson's second rhinoplasty and subsequent operationsJones and Jackson produced Off the Wall together. Songwriters included Jackson, Heatwave's Rod Temperton, Stevie Wonder, and Paul McCartney. Released in 1979, it was the first album to generate four U.S. top 10 hits, including the chart-topping singles "Don't Stop 'Til You Get Enough" and "Rock with You It reached number three on the Billboard 200 and eventually sold over 20 million copies worldwide In 1980, Jackson won three awards at the American Music Awards for his solo efforts: Favorite Soul/R&B Album, Favorite Male Soul/R&B Artist, and Favorite Soul/R&B Single for "Don't Stop 'Til You Get Enough". That year, he also won Billboard Music Awards for Top Black Artist and Top Black Album and a Grammy Award for Best Male R&B Vocal Performance, also for "Don't Stop 'Til You Get Enough". Despite its commercial success, Jackson felt Off the Wall should have made a much bigger impact, and was determined to exceed expectations with his next release. In 1980, he secured the highest royalty rate in the music industry: 37 percent of wholesale album profit

1982-83: Thriller and the moonwalk

In 1982, Jackson contributed the song "Someone In the Dark" to the storybook for the film E.T. the Extra-Terrestrial; the record won a Grammy for Best Album for Children. That year Jackson issued his second Epic album, Thriller. The album remained in the top 10 of the Billboard 200 for 80 consecutive weeks and 37 of those weeks at peak position. It was the first album to have seven Billboard Hot 100 top 10 singles, including "Billie Jean", "Beat It," and "Wanna Be Startin' Somethin'." Thriller was certified for 28 million shipments by the RIAA, giving it Double Diamond status in the United States. It is cited as the best-selling album of all time, worldwide sales between 47 million and 109 million copies.

Jackson's attorney John Branca noted that Jackson had the highest royalty rate in the music industry at that point: approximately $2 for every album sold. He was also making record-breaking profits from sales of CDs and The Making of Michael Jackson's Thriller, a documentary produced by Jackson and John Landis. Funded by MTV, the documentary sold over 350,000 copies in a few months. The era saw the arrival of novelties like dolls modeled after Michael Jackson, which appeared in stores in May 1984 at a price of $12.Biographer J. Randy Taraborrelli writes that, "Thriller stopped selling like a leisure item-like a magazine, a toy, tickets to a hit movie-and started selling like a household staple."

Jackson debuts the moonwalk during his performance on Motown 25

Jackson's influence at that point as "Star of records, radio, rock video. A one-man rescue team for the music business. A songwriter who sets the beat for a decade. A dancer with the fanciest feet on the street. A singer who cuts across all boundaries of taste and style and color too". "in the world of pop music, there is Michael Jackson and there is everybody else". On March 25, 1983, he performed live on the Motown 25: Yesterday, Today, Forever television special, both with The Jackson 5 and on his own singing "Billie Jean". Debuting his signature dance move, the moonwalk, his performances during the event were seen by 47 million viewers, and drew comparisons to Elvis Presley's and the The Beatles' appearances on The Ed Sullivan Show. "The moonwalk that he made famous is an apt metaphor for his dance style. How does he do it? As a technician, he is a great illusionist, a genuine mime. His ability to keep one leg straight as he glides while the other bends and seems to walk requires perfect timing

1984-85: Scalp burns and the Beatles catalog

Jackson suffered a setback on January 27, 1984, which was to have repercussions for the rest of his life. While filming a Pepsi Cola commercial at the Shrine Auditorium in Los Angeles, he suffered second degree burns to his scalp after pyrotechnics accidentally set his hair on fire. Happening in front of a full house of fans during a simulated concert, the incident elicited an outpouring of sympathy. Jackson had his third rhinoplasty shortly afterwards, and began treatment to hide the scars on his scalp. It was during this period, friends say, that he began using the painkillers to which he later became addicted. Pepsi settled out of court, and Jackson donated his $1.5 million settlement to the Brotman Medical Center in Culver City, CA, which now has a "Michael Jackson Burn Center".

Jackson at the White House South Portico with President Ronald Reagan and first lady Nancy Reagan, 1984

On May 14, 1984, he was invited to the White House to receive an award from President Ronald Reagan for his support of charities that helped people overcome alcohol and drug abuse. Jackson won eight awards during the Grammys that year. Unlike later albums, Thriller did not have an official tour to promote it, but the 1984 Victory Tour, headlined by The Jacksons, showcased much of Jackson's new solo material to more than two million Americans. He donated his $5 million share from the Victory Tour to charity. He also co-wrote the charity single "We Are the World" in 1985 with Lionel Richie, which was released worldwide to aid the poor in the U.S. and Africa. It became one of the best-selling singles of all time, with nearly 20 million copies sold and millions of dollars donated to famine relief.

While working with Paul McCartney on the two hit singles "The Girl Is Mine" (1982) and "Say Say Say" (1983), the pair became friendly. McCartney told Jackson about the large amount of money he earned from owning music catalogs; he was earning approximately $40 million a year from other people's songs. Jackson subsequently began buying, selling, and distributing publishing rights to music from numerous artists. In 1985, ATV Music, a music publishing company owning thousands of music copyrights, including the Northern Songs catalog that contained the majority of the Lennon-McCartney compositions recorded by the Beatles, was put up for sale. Jackson took an immediate interest in the catalog, but was warned he would face strong competition. Excited, he skipped around saying, "I don't care. I want those songs. Get me those songs Branca [his attorney]". Branca contacted McCartney's attorney, who clarified that his client was not interested in bidding: "It's too pricey". After Jackson had started negotiations, McCartney changed his mind and tried to persuade Yoko Ono to join him in a joint bid, but she declined, so he pulled out. Jackson eventually beat the rest of the competition in negotiations that lasted 10 months, purchasing the catalog for $47.5 million.

1986-87: Appearance, tabloids, Bad, autobiography, and films
Michael Jackson's health and appearance

Jackson's skin had been a medium-brown color for the entire duration of his youth, but starting in the early 1980s, it gradually grew paler. The change gained widespread media coverage, including rumors that he was bleaching his skin. In 1986, he was diagnosed with vitiligo and lupus; the vitiligo partially lightened his skin, and the lupus was in remission; both illnesses made him sensitive to sunlight. The treatments he used for his condition further lightened his skin tone, and, with the application of pancake makeup to even out blotches, he could appear very pale. The structure of his face changed too: several surgeons speculated that he had undergone multiple nasal surgeries, a forehead lift, thinned lips, and cheekbone surgery.

He lost weight in the early 1980s because of a change in diet and a desire for "a dancer's body." Witnesses reported that he was often dizzy and speculated that he was suffering from anorexia nervosa; periods of weight loss would become a recurring problem later in life. Some medical professionals have said he was suffering from body dysmorphic disorder, a psychological condition whereby the sufferer dislikes his appearance and has no concept of how he is viewed by others. He had a fourth rhinoplasty in 1986, and had a cleft put in his chin.

Jackson two years after he was diagnosed with vitiligo, here in the early stages of the disease

He became the subject of increasingly sensational reports. In 1986, The National Enquirer published a series of photographs of him lying in a hyperbaric oxygen chamber, claiming that he slept in the chamber to slow the aging process. When Jackson bought a chimpanzee called Bubbles from a laboratory, it was reported as an example of increasing detachment from reality. In 2003, the singer claimed that Bubbles had been trained to use the toilet and to clean his own bedroom. Later, it was reported that he had offered $1 million for the bones of Joseph Merrick, the "Elephant Man." The reports became embedded in the public consciousness, inspiring the nickname "Wacko Jacko." Despite Jackson's insistence that the reports were completely invented, a biographer said in 2004 that Jackson's publicists had leaked the rumors to the press for promotional reasons. Jackson remarked to a reporter:
Why not just tell people I'm an alien from Mars. Tell them I eat live chickens and do a voodoo dance at midnight. They'll believe anything you say, because you're a reporter. But if I, Michael Jackson, were to say, "I'm an alien from Mars and I eat live chickens and do a voodoo dance at midnight," people would say, "Oh, man, that Michael Jackson is nuts. He's cracked up. You can't believe a damn word that comes out of his mouth."

Jackson wore a gold-plated military style jacket with belt in the Bad era.

Jackson starred in the Francis Ford Coppola-directed 3-D film Captain EO. It was the most expensive film produced on a per-minute basis at the time, and was later hosted in Disney theme parks. Disneyland featured the film in its Tomorrowland area for nearly 11 years, while Walt Disney World screened the film in its Epcot theme park from 1986 to 1994. With the industry expecting another major hit, Jackson's first album in five years, Bad (1987), was highly anticipated. It had lower sales than Thriller, but was still a substantial commercial success, spawning seven hit singles in the U.S., five of which ("I Just Can't Stop Loving You", "Bad", "The Way You Make Me Feel", "Man in the Mirror" and "Dirty Diana") reached number one on the Billboard Hot 100 charts, more than any other album. As of 2008, the album had sold 30 million copies worldwide.

In 1987, Jackson disassociated himself from the Jehovah's Witnesses, in response to their disapproval of the Thriller video. The Bad World Tour began on September 12 that year, finishing on January 14, 1989. In Japan alone, the tour had 14 sellouts and drew 570,000 people, nearly tripling the previous record of 200,000 in a single tour. He broke a Guinness World Record when 504,000 people attended seven sold-out shows at Wembley Stadium. He performed a total of 123 concerts to an audience of 4.4 million people, and gained a further Guinness World Record when the tour grossed him $125 million. During the trip he invited underprivileged children to watch for free, and gave donations to hospitals, orphanages, and other charities.

1988-90: Autobiography, changing appearance, and Neverland

In 1988, Jackson released his first autobiography, Moon Walk, which took four years to complete and sold 200,000 copies. Jackson wrote about his childhood, The Jackson 5, and the abuse he had suffered. He also spoke of his plastic surgery, saying he had had two rhinoplastic surgeries

Sunday, October 24, 2010

Is a Family Law Attorney Right For You?

Have you ever been in the need of a family law attorney before? If you have ever been in any kind of domestic issue you may well have. Basically, this branch of law deals with anything having to do with the modern family unit. It could be anything from marriage to divorce to adoption, or to abuse such as child or spousal. There are many other things it can deal with, but you can probably figure them out. Basically, if it's something that is related to a union of some sort or having to do with children it probably falls under the category of family law.

If you are in need of somebody for this type of issue, it is recommended that you go with an attorney who has specialized in family law. Several attorneys choose to do this, and so they take additional classes and even try to get certified so they can exclusively practice it. That is the kind of attorney you want defending you or prosecuting someone who is against you.

If you're trying to figure out a way to locate the right family law attorney there are several methods out there. You can use our referral service for your city that will help you locate specialized attorneys. They'd work hard to help you find the perfect player for your situation. Not only that, but they give you a choice of several so can have your pick. This is a great service for both you and the attorneys, so everyone is happy.

When you meet with the lawyer for the first time in a consultation you can really get a feel for whether or not they are the right person for you. This gives you a chance to talk about what situation you're dealing with as well. This is the perfect time for you to really decide whether or not you like the attorney and want them representing you. This is a great option because it really allows you to pick someone who you are comfortable with and who you feel will really be on your side and succeed for you.

What you should look for is an attorney that is able to translate the lot into layman's terms so you understand. They should be able to explain the law as it applies to your situation in a very simple way and you should go away from it feeling empowered. If you can understand the attorney because he isn't very good at explaining the law to you, then that should be a sure sign that he's not the right person for the job. In that case you go on to the next candidate.

Whatever you do though, don't rush the decision. If you're having trouble finding a lawyer, don't settle unless the matter is extremely urgent. The whole process might be an expensive one and it will take a lot of your time so you want to do it right the first time.




Mark J Sinclair writes about the best two person sleeping bag available. He also talks about backpacking sleeping bags.

Friday, October 22, 2010

Event: Community Health Data Initiative Launched (06/02/2010)

The Community Health Data Initiative is launched in a Forum at the Institute of Medicine, Washington, DC - June 2, 2010. Under the initiative, HHS health data will be made freely available so that software developers can create innovative applications and make the data more useful for consumers and communities. At the event, Secretary Sebelius explains the initiative, and early developers demonstrated their new applications. See more at the HHS OpenGov website. www.hhs.gov We accept comments according to our comment policy newmedia.hhs.gov US Department of Health & Human Services www.hhs.gov



http://www.youtube.com/watch?v=nN8vU-UiElw&hl=en

Thursday, October 21, 2010

MICRA Expert - Tom Baker, Part 2 of 2

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=2qranPCv9gU&hl=en

Tuesday, October 19, 2010

Fathers 4 Justice CNN HLN NEWS Columbus, Ohio Crane Protest FATHERS CUSTODY RIGHTS

Columbus, Ohio Crane protest as seen on CNN HLN NATIONAL coverage along with 84 other TV stations around the country. Fathers4justice Fathers-4-Justice f4j mothers grand parents children rights abuse judicial judiciary corruption perjury legislation Barack Michele Obama day fit willing day...



http://www.youtube.com/watch?v=FORndjWToR4&hl=en

Monday, October 18, 2010

Top 5 Myths About Shared Parenting (Child Custody Laws) In Australia

Since the introduction of Australia's ground breaking Shared Parental Responsibility (child custody) laws in 2006, there has been a decidedly deceptive campaign by some to mis-represent these laws as being something that they are clearly not. Following is a list of 10 myths about Shared Parenting in Australia that have been commonly peddled as truths by these parties, but are shown to be nothing other than distortions, falsehoods or outright lies.

1. Children are forced into equal time arrangements by Australia's Shared Parental Responsibility legislation

NOT TRUE: There is nothing mandatory about Australia's Shared Parental Responsibility legislation. If anything, it has been described as a soft alternative to what was originally preferred by the majority in Parliament in 2006, being a "rebuttable presumption of equal time parenting", which itself is not mandatory and is determined primarily on whether such an arrangement can be safe, practical and in the child's best interest.

Since the introduction of these laws, there has been a decidedly deceptive campaign by some journalists and single mother's groups to mis-represent these laws as being inflexible and mandatory in nature, and as a result forcing Judges to place children into unsafe or impractical parenting arrangements. Terminology such as "mandatory" and "forced with" have often been used in newspaper headlines or opinion pieces to portray these laws in a manner that is quite unequivocally untrue.

The Family Court's Shared Parental Responsibility Outcomes report underscores the fact that there is nothing mandatory about these laws, where the majority of court outcomes since the introduction of these laws still result in the child residing almost exclusively with the mother.

If these laws were mandatory in any shape or form, one would have expected that close to 100% of court outcomes would have resulted in equal parenting time arrangements, however as evidenced by the Court's own figures, the figure is significantly less at only 15% of outcomes.

So someone has been fudging the truth to quite a significant degree, and this should be an important point to remember when reading commentary on this debate. Given that some women's groups have described Australia's Shared Parenting laws as another form of domestic violence against women, this debate is clearly about something more than what is best for our children, in the eyes of some groups at least. As a result, the misrepresentation of facts, the gender specific vitriol and in some cases the desperate attempt to associate Shared Parenting with Paedophilia, have been unparalleled in this country, even for an issue that is so typically vexed and controversial as family law.

2. The risk of Child abuse increases for a child in a Shared Parental arrangements.

NOT TRUE. Children in Shared Parental arrangements have the lowest recorded incidence of Child Abuse in Australia, even lower than that of intact families. Conversely, children in Sole Custody arrangements have the highest risk of Child Abuse in Australia. It should be noted that over 70% of all familial Child Abuse occur in single mother households, 1, 2, 3.

Some have highlighted the child-protective dynamics inherent in Shared Parenting arrangements as being similar to that already recognised in extended family structures. It has been argued that the broader nature of parental responsibility in Shared Parenting arrangements facilitates a natural transparency of care, given that the child is in frequent contact with both parents and the respective extended families.

This ongoing transparency of care optimises the safety and welfare of the children involved, by reducing the possibility of abuse occurring without one of the parents detecting it at an early stage.

These natural checks and balances are unfortunately less prominent (and in many cases non-existent) in Sole Custody arrangements, providing for greater opportunities for child abuse to occur undetected and for greater periods of time, as reflected in the statistics on child abuse.

3. The 2006 Shared Parenting laws have resulted in greater risks of family violence for mothers and children.

NOT TRUE. To the parents involved, Shared Parenting arrangements are no different to two-day per-fortnight arrangements in terms of the mechanics of contact and change-overs. Shared Parenting does not in any way increase the time that separated parents need to spend with each other, nor need it involve any physical or proximate contact between the parents.

According to the Australian Institute of Family Studies evaluation of the 2006 Family Law Reforms, a large scale government initiated study into the performance of these reforms, the study found that there was no link between the 2006 Shared Parenting amendments and any increased risk of domestic violence or assault against women and children.

In fact it has been argued that these laws have to a great extent "taken the heat out" of the most vexed issue in separation, namely that of a child's residence, precisely because of the more balanced and child-centric approach to such determinations.

4. Shared Parenting reduces Child Support commitments, which is why many fathers seek Shared Parenting arrangements.

NOT TRUE. Such comments underlie an element of gender arrogance in suggesting that only mothers can love their children enough to want to spend time with them. To be further made by people purporting to be feminists is beyond belief.

Nonetheless, the allegation is often made and is completely erroneous because Shared Parenting arrangements are typically more expensive for the average father than a non-custodial parenting arrangement.

Shared Parenting involves a duplication of investments, including new bedroom/s, new wardrobe of clothing, computers, furniture, toys and many other expenses, involving substantial capital costs.

Shared Parenting also shifts a greater proportion of the day to day costs to the fathers.

Many fathers in Shared Parenting arrangements have also reported a reduction in their overall working hours to accommodate their Shared Parenting arrangement, thus reducing their income.

The overall impact is that Shared Parenting arrangements provide for greater financial investment in the support of their children by fathers, as well as greater emotional, psychological and other forms of support.

The child/ren as a result get more overall support from their fathers, not less.

Single mothers on the other hand do receive less direct financial support from the respective fathers with Shared Parenting arrangements, which may go some way in explaining the worldwide campaigns by single mothers' groups against Shared Parenting initiatives.

5. Children in Shared Parenting arrangements live a Ping-Pong lifestyle.

NOT TRUE. Shared Parenting arrangements are no different to two-day per-fortnight arrangements in terms of the frequency of change-overs. Children in Shared Parenting arrangements typically change-over their residence twice a fortnight. Children seeing their father only two days a fortnight also change-over their residence twice a fortnight.

The frequency of change-overs is IDENTICAL in both cases.




Sonja Hastings is an Australian mother of two who is a regular guest writer for Articles-About-Men. Read more articles from Sonja at http://www.articlesaboutmen.com

Sunday, October 17, 2010

Protecting Your Child: Setting Up a Special Needs Trust

Parents of children with special needs, such as those with cerebral palsy should visit a lawyer and set up a Special Needs Trust. A special needs trust is set up allow use of property for the beneficiary without losing access to essential government services and benefits.
As it stands now a person who is disabled cannot inherit more than $2,000- it will interrupt his or her government benefits. Especially important are long-term care and nursing home benefits under the Medicaid welfare program.

Government benefit programs are now recognizing that family contributions can only improve a disabled person's life. As long as the family's contributions are supplementary and do not duplicate government benefit programs, they are allowed. Some current government benefit programs do let the family to provide some supplementary income and resources to the person with a disability. However, government regulations are very strict, and they are carefully monitored for abuse.

Special Needs Trusts are frequently used as a way to receive an inheritance or personal injury settlement proceeds on behalf of a disabled person in order to allow the person to qualify for Medicaid benefits.

A special needs trust can be used to buy such things as:


  • uninsured medical and dental expenses, eyeglasses

  • Maintenance of vehicles

  • Insurance (including payment of premiums)

  • Transportation (including buying a vehicle )

  • Athletic training, gym membership or competitions

  • Personal care attendant or escort

  • Rehabilitation

  • Essential dietary needs

  • Purchase materials for a hobby or recreation activity

  • Purchase a computer or other electronic equipment

  • Pay for trips or vacations,concerts,outings

  • Buy things that add to quality to life: movies,video games, books, crafts , etc.

It is strongly advised if you are a parent of a special needs child that you speak with an attorney regarding the set up of a special needs trust.




LJ Stewart is homeschool mom and professional freelance writer. She has special interest in providing support to families coping with cerebral palsy and other preventable birth injuries.

Friday, October 15, 2010

Child Care Neglect

The child care industry in the Untied States is very large. Many parents and guardians need to leave their children at day care facilities because they spend the entire day at work. Children who are too young to go to school then have to wait for their parents at day care facilities.

For the most part, the child care industry in the United States is very good. Children are usually taken care of well. There is enough supervision. Children are kept in a disciplined environment. They are given enough food and drink to sustain themselves and even maintain their health. And for the most part, parents do not worry about their children's safety when they drop them off to day care in the morning. They do not expect that something will be wrong at the end of the day, or that they will be called in the middle of the day from the workers are the daycare informing them about something that went wrong at the facility, something that affected their children.

Unfortunately, however, there are times when these exact things happen. Parents may come to pick their children up at the end of the day and realize that their children have been injured or hurt. Parents may have to rush from work to the child care facility to check up on their children. Or worse, they may have to leave work in the middle of the day and rush to a hospital where their children have been taken.

Daycare centers are not perfect. As a result, mistakes do occur. Neglect does occur. But when workers at a daycare fail to perform their duties--when they fail to provide proper supervision of the children and thus neglect them--a lot bad things can occur. Children may fall into a pool and drown. They may choke on a small object that they placed in their mouth. They may place a plastic bag over their heads and suffocate. They may put something chemically dangerous into their mouths. They may get electrocuted. Children may not be given enough food and water. Their complaints of sickness may be ignored. These things can occur at child care facilities because of neglect, and there is not excuse for such calamities leading to injury to or death of a child.

Parents have a right to think that their children will be safe at child care centers, for they are paying the facilities to take care of their children. For more information about neglect at child care facilities and centers, visit the website of Milwaukee personal injury attorneys and lawyers of Habush, Habush, & Rottier, S.C. by visiting their website [http://www.habush.com/contact.php].




Joseph Devine

Thursday, October 14, 2010

Disabled Mother Deprived of Her Children in US, Terri Schiavo II, Discriminatory Hate Crime

Fighting for a Disabled Mother's Right to See Her Children; After a Mother's Brain Injury Following Childbirth, Her Family Fights for Her to See Her Triplets. April 14, 2010, ABC news. Growing up, Abbie Dorn always dreamed of becoming a mother. Now, at age 34, she is the mother of three healthy toddlers. Her home is filled with pictures of the children, triplets named Esti, Reuvi and Yossi. But in the 4 years since her children were born, Dorn has not been able to talk to them. She can't hold them or watch them play. That's because Dorn endured severe brain damage following their birth. Now, while her children run and play in their Los Angeles home, Dorn's family, more than 2500 miles away in Myrtle Beach, SC, is locked in a legal battle with the children's father to grant Dorn the right to see her children. The family's lawsuit, which could make its way to a courtroom by May, could become a landmark in defining what it means to be a parent, especially when that parent is disabled. After graduating from college in Ohio and becoming a chiropractor in Atlanta, she married Dan Dorn, a devoutly religious man who shared her beliefs in Orthodox Judaism. They settled in Los Angeles near his family, and began to plan a family of their own. But Dorn struggled to conceive. After turning to fertility treatments, she finally received word in the fall of 2005 that she was expecting triplets. "She was so excited to be pregnant, she was beginning to say, 'I don't know if I'll ever get ...



http://www.youtube.com/watch?v=e6lCpBwDt1o&hl=en

Wednesday, October 13, 2010

Filing a Civil Lawsuit for Sexual Harassment

At present, there are lots of sexual harassment victims who never come forward and report this crime. Many states have special rules for lawsuits brought by adults who suffered sexual abuse as a child. Sometimes, state laws extend the time period during which an adult can bring such a lawsuit. This is popularly known as statute of limitations. It is often difficult to win such cases, as any evidence of the incident/s and damages has faded during the time the child is growing up.

Sexual abuse is a term used when an unlawful sexual contact or other kinds of sex-related impropriety happens between a child and an adult, or a young child and a much older child. When your child has been sexually abused, you can bring a civil lawsuit against the abuser and report the behavior as a crime. While a child is still a minor, the child's parent or guardian must bring a lawsuit on the child's behalf. After a child becomes an adult, the adult child may bring the lawsuit.

Some of the possible reasons for these cases include the grooming techniques an offender uses to make the victim feel as if he or she was an active participant in the abuse itself; the victim of sexual abuse may be very aware that people may doubt his/her disclosure, their character, their choices, and because of this perception, they may not disclose.

Investigators, juries, judges, prosecutors and everyone else must understand that rape victims, immediately following the assault, may not react with all of their normal faculties. When someone suffers a traumatic event, it may take a while for your head to clear and your heart rate to return to normal.

Child abuse laws in most states require the people who know the incident to report the abuse to authorities. Teachers, doctors and police are usually required by law to report evidence of child abuse. A person violating these laws and failing to report the sexual abuse of a child may also be liable to the child for the injuries suffered by the child.

Many victims of sexual abuse do fully recover. This is not to suggest that they ever forget about what occurred, because they do not. However, they can, with the help of family, friends, and professionals, go on with their lives and be happy again. And, it is very important that when a victim of sexual abuse comes forth and reports the crime to family, friends, law enforcement, and others, that he or she be listened to in the sincerest fashion possible.




For your questions and suggestions and for more information regarding this article, log-on to http://www.personalinjurylawyerinc.com

Tuesday, October 12, 2010

When Can Mom Get Child Care Costs?

"If mom is not working, no child care," insisted Deputy District Attorney Roye Randall of Los Angeles County at the pre-hearing interview of a mother of three, seeking modification of child(ren) support from the father through the County of Los Angeles Child Support Services Department.

Mandatory Child Care
Related To Employment:

The mother, as the other parent represented by this Author, in the proceedings for modification of child(ren) support before Department 2G, Com. Anthony B. Drewry presiding, (Com. H.M. Webster retired in April 2009) against the father as respondent, was willing to split monthly children care costs of $1,056.00 (at $88 per week per child).

But the father objected to child care costs and yet asserted that mom should be working. But mom has three children, 10, 9, and 7 years of age, and a fourth child, 1 year old, with another partner, who is living with mom and the four children.

With four young children, mom is a fulltime homemaker without time to look for work, nor study, nor train for work, nor actually work. Should the rule on child care costs be changed to provide child care costs to allow mom to look for work and hopefully find work?

Indeed, Section 4062(a)(1) of the Family Code provides for child care costs as mandatory add-on, if "related to employment or reasonably necessary education or training for employment skills" of a parent.

Pros and Cons On Changing
Child Care Rule:

The proposed change in child care costs rule is for the non-custodial parent to provide child care costs to allow the not-working custodial parent to look for work for a reasonable length of time.

Otherwise, the rule perpetuates the status quo, with mom unable to pursue her work or career development, and dad liable for more non-custodial parent's basic child support according to the Family Code guidelines.

If mom is able to work and earn income, she would be able to contribute to child care costs. And dad's basic child support payment would be lessened due to mom's income according to the guidelines.

On the contrary, if the rule of no child care costs for a non-working mom is retained, mom would be a better child caregiver than any other careprovider unrelated to the child. And the dad would not be burdened with paying child care costs in addition to the basic child support payment.

Child Support
Deviation Guidelines:

The guideline formula for computing basic child support is stated as an algebraic formula in Family Code Section 4055(a), as: CS=K[HN-(H%)(TN)]. CS= child support amount; K= amount of income to be allocated for child support as stated in Family Code Section 4055(b)(3); H%= percentage of time the high earner parent has or will have physical custody of the child, compared to that of the other parent; and TN= total net monthly disposable income of both parties.

As a matter of practice, California family law courts arrive at the basic and additional child support payments by using the DISSOMASTER software, where relevant entries from the Income and Expense Declaration of each parent are entered, pursuant to standards contained in California Rule of Court 1258 (renumbered Rule 5:275).

After the formula child support is computed, the court may deviate from the formula amount of support by considering one or more of the five codified factors of: (1) parties' stipulation to a different amount of child support; (2) deferred sale of family residence whose rental value exceeds mortgage payments, homeowner's insurance, and property taxes; (3) parent's extraordinary high income and formula amount of support exceeds needs of the child; (4) non-contribution to needs of the child commensurate with the parent's custodial time; and (5) special circumstances causing application of the formula to be unjust or inappropriate, stated in Family Code Section 4057(b).

Mandatory and Discretionary
Add-ons To Child Support For
Child Care:

Family Code Section 4062(a) states the two (2) mandatory add-ons to child support, as "(1) child care costs related to employment or to reasonably necessary education or training for employment skills" of a parent; and "(2) reasonable uninsured health care costs for the children."

And the two discretionary add-ons under Family Code Section 4062(b) are: "(1) costs related to the educational or other special needs of the children;" and "(2) travel expenses for visitation."

The aforesaid add-ons are considered additional support for the children; and such child care costs may be apportioned one-half to each parent, or a different apportionment, if requested by either parent, in proportion to their net disposable incomes, pursuant to Family Code Section 4061.

Conclusion:

Whether mom or a custodial parent can get child care costs pursuant to Family Code Section 4062(a) and (b) depends on whether the child care costs are mandatory or discretionary add-ons to basic child support.

As mandatory, the Family Law Judge or Commissioner has no discretion not to grant child care costs related to employment or necessary education or training for employment skills for a parent and uninsured health care costs for the child

As discretionary, child care costs related to educational or other special needs of the children and travel expenses for visitation, the Judge or Commissioner may decide one way or the other, as long as no abuse of discretion is committed.

[The Author,Roman P. Mosqueda, has practiced family law in California for over fifteen (15) years. He published a law book entitled "Marriage and Its Dissolution Handbook(Quis Publishing, 682 pages).]




Atty Roman P. Mosqueda is a graduate from Michigan Law School with both a Doctorate of Law and LLM. The Law Offices of Roman P. Mosqueda are a full service law firm that handles all types of cases such as divorce, immigration, bankruptcy, personal injury, and more. Call (213) 252 - 9481 for a free consultation today!

Offices are located at:
Los Angeles: 3055 Wilshire Blvd Suite 425., Los Angeles, CA 90010
(213)252-9481
Riverside: 3797 Tenth Street, Riverside, CA 92501
(951)683-6615
Long Beach: 1043 E.Anaheim St., Long Beach, CA 90813
(562)218-8600

Visit http://www.MosquedaLaw.com for more free articles written by Attorney Mosqueda and more information about his offices.

Monday, October 11, 2010

Law Fun Facts - Dumb Laws In California

Humor can come from anywhere. Humor is something that everybody likes.

Interestingly, humor can also come from the laws made by human.

Sometimes, these laws become so dumb and unexplainable that they generate humor. This time, we have come up with some of the laws in California.

Here is a list of some of the 'great laws' in California:

o You are not allowed to leave your car alone for the entire night until you have permission for it.

o In Arcadia, peacocks are allowed to cross any street they wish. That includes driveways too.

o In Baldwin Park, it is illegal to drive a bike in the swimming pool.

o In Belvedere, any dog must not be seen on the road without its owner on the leash.

o In Blythe, you can not put on a cow boy cap until and unless you own at least two cows.

o In Burlingame, you are not allowed to spit anywhere but on baseball diamonds.

o In Cathedral city, it is illegal to sleep in a vehicle when it is parked.

o Bicycles are not allowed to go through "Fountains Of Life".

o It is illegal to bring your dog to your school.

o In Cerritos, you have to remove all dog waste necessarily. This must be done within seven days.

o In Chico, you can own a green animal hide.

o You can not bowl on side walk.

o You can not drive a herd down the street.

Hope you enjoyed these dumb rules. We shall come with a lot of articles about several such dumb laws in different states in the US.




Exposing Bad Lawyers & Lawsuit Abuse Statistics - funny laws in california

Sunday, October 10, 2010

Methods to Pass Your Home to Your Heirs

Many Florida residents plan to leave their home to their children. There are a variety of ways to pass your home to your heirs. Careful consideration of each method is vital, since each method has legal and financial ramifications, and may also impact on your long-term care planning.

1. You can deed your home to your child, giving you and your spouse the right to live there for the rest of your lives (a life estate).

Advantage: Your child will own the home when you pass on.

Disadvantage: You give up control. If you ever wish to sell your home, you will need your child's permission. If you do sell, you will be entitled to a percentage of the proceeds based upon the value of the life estate.

Disadvantage: If you ever need to apply for Florida Medicaid for long-term care, Medicaid may consider the proceeds you receive to be a gift, which may negatively impact on your eligibility for a period of time.

2. You can make your child co-owner of the property - i.e., joint tenant with right of survivorship.

Advantage: When you pass away, your child will automatically inherit the home.

Disadvantage: Again, you have lost a degree of control. If you ever wish to sell the home, you will need your child's consent. If the house is in fact sold, you will be entitled to half or less of the proceeds, depending on the percentages you and your child own.

Disadvantage: Your ability to get Medicaid in Florida long-term care benefits may be jeopardized for a period of time because of the monies you receive if you sell your home.

3. You can place the house in a living trust (also known as a revocable trust or inter-vivos trust).

Advantage: You will retain full control over the property while you are alive. Your child will inherit it after you pass on.

Disadvantage:It may be difficult to secure refinancing of your home should you ever wish to do so.

4. You can gift your house outright to your child.

Advantage: You and your child may derive satisfaction knowing that this is a "done deal," with no strings attached.

Disadvantage: Your child now has full control over the property. Technically, he/she has the right to sell it or do anything else with it, without your consent.

Disadvantage: You will lose your Florida homestead exemption which would otherwise decrease the assessed value of your home for property tax purposes by $50,000.

Disadvantage: If your child does sell the house while you are alive, he/she will have to pay capital gains tax. If you had sold it, you would have been titled to a $250,000 capital gains tax exclusion for the sale of your primary residence.

Disadvantage: If your child sells the home after you die, your child will lose the step-up in basis and will have to pay capital gains tax based upon the original purchase price.

Disadvantage: If you apply for Florida Medicaid benefits for long-term care, the transfer of your home to your child may be considered a gift and may disqualify you from receiving benefits for a period of time.

5. You can place the home in an enhanced deed (ladybird deed), which gives you the right to remain in the home for the rest of your life, as well as the right to to sell it or give it away during your lifetime.

Advantage: Your child will automatically inherit the home when you pass away.

Disadvantage: You may face obstacles if you want to sell or refinance the property, since some lenders and title insurance companies are uncomfortable with this arrangement.

6. You can include a provision in your will leaving the house to your child.

Advantage: You remain in control of the property while you are alive.

Advantage: The property will go through probate and pass to your child when you die.

Disadvantage: The probate process can be expensive, time-consuming and inconvenient for your heirs.

Each of these methods must be examined within the context of your specific estate planning goals, and family and financial circumstances. Be sure to discuss the matter with a Certified Elder Law Attorney to determine the strategy that is best for you and your family.




Florida Attorney Joseph S. Karp assists residents of South Florida and their families with estate planning, wills and trusts, probate, planning for long-term care, Medicaid planning, Veterans benefits planning, special needs planning, special needs trusts and trust administration. The Karp Law Firm has offices in Boynton Beach, Palm Beach Gardens and Port St. Lucie, Florida. Find out more by visiting http://www.karplaw.com or calling 800-893-9911.

Saturday, October 9, 2010

MICRA Expert - Jay Angoff

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=FfdAta2Xihg&hl=en

Friday, October 8, 2010

Prop 8 Trial Re-enactment, Day 2 Chapter 5

Day 2 Chapter 5 of the Proposition 8 Trial Re-enactment presented by MarriageTrial.com. Produced by John Ainsworth & John Ireland. Edited by Michael Legge. THE JUDGE Vaughn Walker, Chief Judge, US District Court portrayed by Ted Heyck THE PLAINTIFFS Paul Katami portrayed by Woody Schultz Jeffrey Zarrillo portrayed by Bryan Cuprill Kristin Perry portrayed by Kitty Swink Sandy Stier portrayed by Tess Harper THE PLAINTIFF ATTORNEYS David Boies portrayed by Jack Laufer Theodore Olson portrayed by Clyde FT Small Theodore Boutrous portrayed by Peter Cassone Christopher Dusseault portrayed by Jon Keel Matthew McGill portrayed by Mark Doerr Ethan Dettmer portrayed by Shawn Ryan THE PLAINTIFF-INTERVENOR ATTORNEYS Dennis Herrera, SF City Attorney portrayed by Matt Pittenger Therese Stewart, SF Deputy City Attorney portrayed by Sarah Gaboury Christine Van Aken, SF City Attorney Portayed by Kate McNeil Danny Chou, SF City Attorney portrayed by Peter James Smith SF City Attorney Ronald Flynn portrayed by Todd Waring THE DEFENDANTS Arnold Schwarzenegger, California Governor Does not appear at trial. Edmund G. Brown, California Attorney General Does not appear at trial. Linette Scott, Deputy Director of Health & Strategic Planning for the California Department of Public Health Does not appear at trial. Patrick OConnell, Clerk-Recorder County of Alameda Does not appear at trial. Dean Logan, Clerk-Recorder County of Los Angeles Does not appear at trial. THE DEFENDANT ATTORNEY Tamar ...



http://www.youtube.com/watch?v=n9tyUPYDX7U&hl=en

Wednesday, October 6, 2010

Temecula Attorneys - A Look at Common Legal Matters

A Brief Overview of Southern California Attorneys

As you begin a search for the best Temecula attorneys found in Southern California, keep in mind that in order to offer services, a lawyer must pass the bar exam to practice law in a particular state. Additional licensing requirements are often expected of Temecula attorneys. You will soon learn that most of the lawyers in the region are licensed to practice in one or more states, but overall must possess a license in California to become any help for you. The ideal attorney should know the ins and outs of state legalities, including the rights and laws that may vary from state to state.

The Different Branches of Law in Temecula

Depending on your current legal woes, you may or may not require the services of a lawyer in Temecula associated with the following branches of law:

Criminal Law

Appearing in front of a judge can become a scary experience, as being charged with a crime is a serious offence that requires the legal expertise of a professional. Temecula criminal lawyers handle issues that deal with varying levels of significance, such as disorderly conduct, shoplifting, and loitering to grand larceny, kidnapping, and murder.

General Law

This rather busy branch of law deals with general court cases, which often involve one party suing another; Lemon Law disputes; contract negotiation, license applications; or traffic violations. In Temecula, the Law Firm of Rosenstein & Hitzeman [http://www.best-temecula-guide.com/temecula-attorneys-rosenstein-and-hitzeman.html] has a pretty good reputation for covering business law, real estate, wills and estate planning, copyright and trademark, as well as bankruptcy issues.

DUI

Nowadays, a driver who is involved in an incident concerning drinking and driving usually receives little sympathy in the courtroom, especially if an accident results in bodily harm. While each DUI case is unique, it is important to find a lawyer [http://www.best-temecula-guide.com/temecula-attorneys.html] that can successfully negotiate on your behalf. Driving under the influence can cost you a criminal conviction, raised automobile insurance rates, drug and alcohol rehabilitation, and a suspended license to drive.

Personal Injury

What happens when an injury on the job robs you of your ability to put food on the table? Did a faulty car part cause you to undergo an accident that placed your children at risk? Perhaps, you were a victim of a product recall? All of these legal issues far under a personal injury case, which touches upon transportation accidents, emotional or domestic abuse, birth defects, prescription errors, or product liability.

Estate Planning and Trusts

At some point in time, an individual may wonder what would happen to their loved ones if they should face an untimely death. What would become of their possessions and property? In order to secure the future for loved ones a will or other plan of action can eliminate the legal explosions that generally take place after the passing of a relative. Attorneys within this branch are also well informed on the legalities concerning living wills, organ and tissue donation, and health care proxies.

Other areas of the law that a Temecula attorney can assist include divorce and custody battles, real estate (the buying and selling of property); landlord and tenant fallouts, Chapter 7 and 13 bankruptcy, intellectual property law, child adoption, sexual harassment and employee discrimination, naturalization and deportation, and malpractice suits.




Rikki Quayoffers plenty of great suggestions and detailed information on how to explore the ins and outs of the Temecula, California region by continuously updating her site at http://www.best-temecula-guide.com

Tuesday, October 5, 2010

Power of Attorney

What are these powers of attorney?

A Power of Attorney is a written document in which a competent adult individual (the "principal") appoints another competent adult individual (the "attorney-in-fact") to act on the principal's behalf. In general, an attorney-in-fact may perform any legal function or task which the principal has a legal right to do for him/herself.

The term "durable" in reference to a power of attorney means that the power remains in force for the lifetime of the principal, even if he/she becomes mentally incapacitated. A principal may cancel a power of attorney at any time for any reason. Powers granted on a power of attorney document can be very broad or very narrow in accordance with the needs of the principal.

Why is Power of Attorney so important?

Every adult has day-to-day affairs to manage, such as paying the bills. Many people are under the impression that, in the event of catastrophic illness or injury, a spouse or child can automatically act for them. Unfortunately, this is often wrong, even when joint ownership situations exist.

The lack of properly prepared and executed power of attorney can cause extreme difficulties when an individual is stricken with severe illness or injury rendering him/her unable to make decisions or manage financial and medical affairs. All states have legal procedures, guardianships or conservatorships, to provide for appointment of a Guardian. These normally require formal proceedings and are expensive in court. This means involvement of lawyers to prepare and file the necessary papers and doctors to provide medical testimony regarding the mental incapacity of the subject of the action. The procedures also require the involvement of a temporary guardian to investigate, even intercede, in surrogate proceedings. This can be slow, costly, and very frustrating.

Advance preparation of the power of attorney can avoid the inconvenience and expense of legal proceedings. This needs to be done while the principal is competent, alert and aware of the consequences of his/her decision. Once a serious problem occurs, it is too late.

The Power of Attorney can be effective immediately upon signing or only upon disability. Some examples of legal powers contained in the Power of Attorney are the following:

1. REAL ESTATE: To execute all contracts, deeds, bonds, mortgages, notes, checks, drafts, money orders, and to lease, collect rents, grant, bargain, sell, or borrow and mortgage, and to manage, compromise, settle, and adjust all matters pertaining to real estate.

2. ENDORSEMENT OF NOTES, ETC.: To make, execute, endorse, accept, and deliver any and all bills of exchange, checks, drafts, notes and trade acceptances.

3. PAYMENT OF NOTES, ETC.: To pay all sums of money, at any time, or times, that may hereafter be owing by me upon any bill of exchange, check, draft, note, or trade acceptance, made, executed, endorsed, accepted, and delivered by me, or for me, and in my name, by my Agent.

4. STOCKS, BONDS, AND SECURITIES: To sell any and all shares of stocks, bonds, or other securities now or hereafter, belonging to me, that may be issued by an association, trust, or corporation whether private or public, and to make, execute, and deliver any assignment, or assignments, of any such shares of stock, bonds, or other securities.

5. CONTRACTS, AGREEMENTS, ETC.: To enter into safe deposit boxes, and to make, sign, execute, and deliver, acknowledge, and perform any contract, agreement, writing, or thing that may, in the opinion of my Agent, be necessary or proper to be entered into, made or signed, sealed, executed, delivered, acknowledged or performed.

6. BANK ACCOUNTS, CERTIFICATES OF DEPOSIT, MONEY MARKET ACCOUNTS, ETC.: To add to or withdraw any amounts from any of my bank accounts, Certificates of Deposit, Money Market Accounts, etc. on my behalf or for my benefit. To make, execute, endorse, accept and deliver any and all checks and drafts, deposit and withdraw funds, acquire and redeem certificates of deposit, in banks, savings and loan associations and other institutions, execute or release such deeds of trust or other security agreements as may be necessary or proper in the exercise of the rights and powers herein granted; Without in any way being limited by or limiting the foregoing, to conduct banking transactions as set forth in section 2 of P.L. 1991, c. 95 (c. 46:2B-11).

7. TAX RETURNS, INSURANCE AND OTHER DOCUMENTS: To sign all Federal, State, and municipal tax returns, insurance forms and any other documents and to represent me in all matters concerning the foregoing.

You should contact your attorney to have a Power of Attorney Prepared, together with a Will, Living Will and other vital Estate Planning documents.




KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
http://www.njlaws.com/power_of_attorney.htm

Monday, October 4, 2010

Diane Coleman, part 01 of 08: "The History and Purpose of Not Dead Yet"

Diane Coleman of Chicago, Illinois, speaks about the euthanasia issue in the disability community, universal design, and Ed Roberts. Diane Coleman has been disabled since birth and has used a wheelchair since the age of eleven. She has served on the boards of independent living organizations in both California and Tennessee. She is currently employed as the Executive Director of the Progress Center for Independent Living in Oak Park, Illinois, and is a national organizer for ADAPT. This is #28 out of more than 1000 interviews that "It's Our Story" has collected in an effort to free the voices of the disability community. Visit us at www.itsourstory.org



http://www.youtube.com/watch?v=F901R77LA4A&hl=en

Sunday, October 3, 2010

MICRA Victim - Delaney Gonzalez

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=cg6k59e5y4s&hl=en

Saturday, October 2, 2010

Divorce, Child Custody, and Family Law - What Not to Do in Your Family Law Case

At the end of a divorce or child custody case, there aren't any "winners" or "losers" in the traditional sense. But often one person walks away feeling as though they attained the better outcome. Many times this outcome is the product of some mistake that the other party made.

As a family law attorney, I've seen some hostile cases and I've seen people do some cruel things. Sometimes these actions are physically injurious but, more often than not, they are mentally damaging. In the end, however, they almost always come back to haunt that person. Consequently, if you are involved in a divorce case or a child custody case, don't do any of the following if you want to attain your desired result:

1) Denigrate or abuse your spouse.

Nothing makes someone look worse in a family law case than someone who is cruel to their spouse. No, it doesn't necessarily mean that you are "at fault" under the law, at least not with respect to grounds for divorce. But if there is one thing to take out of this article, it is that the law isn't the only factor in the outcome of your case. The State has an interest in protecting marriage as a promoter of family values, so if there is someone to blame for the breakdown of the marriage, this is a sure sign of who that person is.

2) Involve the children.

Who is most affected by your divorce case or your child custody case? That's right - your children. Not you and not your spouse. Keep them insulated from your litigation so as to minimize the effects of their life being turned upside down. Do NOT use them as a messenger. Do NOT share intimate details of the other parent's behavior. Do NOT let them read legal pleadings or letters from attorneys. DO not move your children far away from the other parent.

3) Be unreasonable in custody and visitation.

Unless your spouse actually causes harm to your children, you need to accept the fact that your children need both parents in their lives. There are things that a mother can provide, which a father can't provide. There are things that a father can provide, which a mother can't provide. Being unreasonable in custody and visitation or worse, denying visitation altogether, only makes you look like a bad parent.

4) Fail to provide support.

Support in this context means child support and alimony. Though mutually exclusive, the point is the same. Courts don't like it when you refuse to pay reasonable amounts of support. Child support will be awarded in nearly all cases. Courts don't like it when the non-custodial refuses to pay. Hint: they take it as a sign that you don't care about your children. Likewise, if your case is one in which alimony is warranted, don't refuse to provide for your spouse until the court orders you to do so.

5) Hide assets.

Some people get away with hiding assets. But a good divorce attorney will find them. When they do, they will let everyone know about it. Then you're in trouble not only because you now have more assets in the pot, but you also lied about what you have.

6) Let emotion guide your actions.

This is the "catch-all" provision. Put simply: don't be a jerk. While most family law cases are resolved outside the courtroom, there are many that end up in trial. Remember that the Judge who is ultimately deciding your case is a person too.




This is not legal advice. It is merely information. Every situation is different and you should contact an attorney licensed in your state to discuss your specific needs. I am not your attorney. You are not my client. If you need a family law attorney in Maryland or DC, contact a Maryland family attorney or DC divorce lawyer without delay.