How to Navigate Custody Disputes
Nothing complicates a divorce quite as quickly as a custody dispute. It’s one area where neither party is likely to want to give any ground, so it can be hard to reach a compromise. The laws are also complicated, which can lead to trouble during even the most amicable divorce. Fortunately, there are a few techniques that can make the dispute a little bit easier.
Get Legal Help
Nobody should try to get through a custody dispute without competent legal assistance. A good lawyer will help you to understand the situation, set reasonable expectations, and make sure that you don’t make any disastrous mistakes during the legal proceedings. They can also help outside the courtroom by mediating the dispute in the hope of reaching a compromise. Mistakes can happen early in the process, so it’s important to get a good lawyer as quickly as possible once the dispute begins.
Understand Your Goals
It’s impossible to achieve your goals without understanding what they are. Divorces can be quite acrimonious, so people often end up fighting simply for the sake of fighting, but that isn’t productive. Instead, you should try to figure out what your ideal outcome for the dispute might be. You should also try to identify areas where you are willing to compromise. This can be surprisingly difficult for people who aren’t used to resolving conflicts, but a lawyer or mediator can help you to understand your objectives before the discussions start.
Keep the Children in Mind
People sometimes get so focused on winning the dispute that they lose sight of the welfare of their children. That is a terrible mistake that can lead to a great deal of misery in the future. Remembering that the welfare of the children is the most important concern is the best way to avoid that. Thinking about that can also help people to take a step back from any personal conflicts that occur during the dispute and focus on resolving it as neatly and peacefully as possible, which usually leads to better results for everyone.
Resolving the Conflict
Custody disputes are often the most bitter and complicated part of a divorce. You’ll never be able to turn it into a simple or pleasant process, but you can keep the conflict from getting out of hand. The whole point of custody is to take care of your children in the best way possible. When you and your former spouse keep that in mind, you will be able to get through whatever other problems you may have.
5 Ways to Protect Yourself During a Police Encounter
If you are ever stopped by a police officer, either from walking down your street, driving, or at your house, here are the top five ways to better protect yourself during the encounter. Following these rules can help you prevent additional interactions or fines they may try to produce while meeting with them.
Keep a Relaxed Attitude
When talking to police officers, you should do your best to keep a relaxed attitude and prevent yourself from becoming aggressive or ill tempered. Even though no one likes being confronted by the authorities, you need to offer them the respect they deserve.
All you need to do is cooperative accordingly while keeping your rights in mind to prevent and danger to yourself.
Remember Your Right to Remain Silent
This may seem like the most rehearsed line in any cop movie, but you should remember at all times that you have the right to remain silent. Even if your vehicle is pulled over by the authorities, all you have to do is offer the police officer your license and registration.
If the authorities ask you questions, you have the right to refuse to answer them. Instead, you can ask the officer why they’re asking the questions in the first place. However, you should still be respectful. Very few police officers are out trying to cause problems.
You Have the Right to Refuse a Search of Your Property
As a citizen, you never have to consent to a search. Even if a police officer threatens you, you are not legally obliged to allow officers to search your property. In fact, your fourth amendment rights protect you from unwarranted searches in your car, home, or other property. If the officer cannot physically see the object in plain sight, they cannot force you to allow them to search through your property.
Do Not Run Away
Remember, you are innocent until you are proven guilty. If you encounter a police officer, do not freak out or overreact. After all, running away from a police officer automatically makes you look suspicious, even if you did not do anything illegal. Try to follow instructions and do not attempt to flee from police custody. It can have serious future consequences.
Don’t Touch Them
This should be pretty self-explanatory. Even a casual touch on the arm is not okay. Any kind of touching is a felony and you could end up getting hurt if you make the wrong move. Don’t touch an on-duty police officer under any circumstances.
If a police encounter does go wrong…
Remember that you are still entitled to legal protection. There are laws that cover police encounters and they are in place for a reason. Sometimes the best thing you can do to protect yourself is to seek out the aid of a lawyer who has experience dealing with police encounters.
If you are ever stopped by a police officer, keep these tips in mind. You have certain rights, so make sure you use them. Remember, too, that police officers are people too and they are just trying to do their jobs. They play an important role in our society but you can still protect yourself and your rights.
What Are Your Options If You’ve Been Hit By A Drunk Driver?
Drunk drivers can cause serious damage to your vehicle and the accident can cause serious injury. Also, the crash causes a great deal of emotional suffering to the victim.
Luckily, if you have a collision with a drunk driver, you have a high chance of winning a lawsuit. This is particularly true if you live in a state that isn’t a no-fault state. It also can improve your odds dramatically if the driver was convicted of drunk driving.
In addition, it is likely that you will have access to insurance benefits if you are hit by a drunk driver. In some cases, your own insurance may pay if the driver was uninsured. However, this depends on the insurance plan that you have, and how much is in it.
What States Are No Fault States?
Most states are not no-fault states. In fact, only 12 out of 50 states are no fault. These states are Florida, New York, New Jersey, Pennsylvania, Michigan, North Dakota, Utah, Kentucky, Kansas, Hawaii, Massachusetts, and Minnesota.
Do You Still Have Options In A No Fault States?
There still might be ways that you could sue a drunk driver if you live in a no-fault state. If the amount of damage exceeds a certain threshold, you will be able to pursue legal action against the driver. However, this amount varies between states.
How Do Insurance Benefits Work?
If The Driver Had Insurance:
If the driver had insurance, they are very likely to compensate. This is especially true if the driver was convicted of a DUI, OUI, or DWI. It also is very likely to occur if the drunk driver was convicted of a lesser charge, such as DWAI. This is because lawsuits in this situation tend to be exceptionally costly for insurance companies. Therefore, if there was a conviction, there is a good chance of the case not going to court. This is especially true if the driver had an especially high blood alcohol concentration and was convicted of an aggravated DUI or DWI.
If The Driver Didn’t Have Insurance:
If the driver didn’t have insurance, you’re much more likely to have to sue the drunk driver directly. This can result in less compensation.
However, this is not always the case. In fact, some insurance companies cover damages caused by an uninsured driver who was at fault. However, this may or may not cover the cost of medical bills, and it also won’t provide an additional amount for pain and suffering. Regardless of the details about who had insurance or what your specific laws are in your state, the first thing you should do after making sure you are okay is call an experienced lawyer who can help handle the negotiations with the insurance company and seek damages if appropriate.
Questions to Ask Your Auto Accident Attorney
Anyone who has been involved in an auto accident knows just how overwhelming it can be. If you plan to hire an auto accident attorney to assist you with your claim, knowing which questions to ask can help you find the right attorney for your needs.
“What damages might I recover?”
One of the first questions on the minds of most accident victims concerns the type of settlement they may receive. Ask your prospective personal injury attorney about all types of compensation, including reimbursement for medical bills, compensation for missed work, and cash settlements for pain and suffering. Your attorney will help you set reasonable expectations and understand any limitations on your potential compensation.
“How much experience do you have?”
Always ask any attorney you are considering if he or she has a significant amount of experience with personal injury. Ask if they have represented any cases similar to yours. Choosing a lawyer backed by experience is more likely to result in a favorable outcome for your case.
“Do you foresee any problems with my case?”
Find out as soon as possible if the attorney you initially contacted foresees any problems with your case. If it is a complicated lawsuit, or or if he or she needs additional information from you, it is best to discover this immediately to streamline the process.
“Is the case likely to go to trial?”
If your case must go to trial, you may need to provide additional information and documents. Ask this question during your initial consultation so you can prepare yourself and reduce at least a little of your stress.
“What are your fees and when must I pay?”
It is vital to discover how much your attorney plans to charge to handle your case. Fortunately, many accident lawyers work on something referred to as “contingency,” meaning no upfront payment is required. Instead, the attorney’s fee is taken out of your settlement. However, in certain instances a retainer is necessary, and therefore asking about this in advance is essential.
“What kind of time frame do you anticipate for my case?”
To avoid frustration, ask your attorney for an approximate idea of how long it will take for your case to reach a settlement. Certain attorneys work faster than others, but the judicial system by nature is a slow machine.
Most auto accident attorneys represent clients aggressively to build strong cases and ensure that maximum compensation is received. If you are the victim of a car crash and need expert advice, get in touch with a team of qualified legal professionals like Bachus & Shanker Law without delay.