Child custody Questions and How the Answers Will help you Win Custody of your Kids

The world of child custody can be very daunting and actually very mind boggling for most parents. Add to that the stress and depression of not having your kids with you or going through a divorce and we are talking meltdown for a lot of people. If you are in a custody battle for your kids then having answers to your child custody questions is a critical first step if are to succeed.

In this article I’m going to go over answers to some of the most common child custody questions from parents like you.

A common mistake parents make is rushing out and hiring the first lawyer they find an relying on their expertise completely to win their custody battle. Unfortunately even attorneys don’t have all the answers to child custody questions or they are not up to date with the most current strategies. That is why your first step to winning custody of your kids should be research. With the age of the internet, research is a whole lot easier than it was in the past.

I’ve put together some of the most common child custody questions:

1. What are the different types of child custody

Joint Legal Custody – Both parents are entitled to make major decisions about their children’s lives (health, education, etc. )#)
Sole Legal Custody – One parent alone has complete legal authority to make major decisions for their children.
Sole Physical Custody – Is when the child lives with one parent on a regular basis with the other parent having visitation rights.
Joint Physical Custody – Is when the child lives with each parent for a substantial part of the year (not necessarily 50/50).
2. What standards do the courts take into account when determining custody? The overwhelming principle is the “best interest of the child”

3. How does the court decide the “best interest of the child? ” Depending on your child’s age, the primary factors of determining the best interest of the child are

The child’s interactions and quality of relationship with his or her parents.
The child’s involvement in his or her school and neighborhood and whether placement with either parent would disruptive.
The health (mental and physical) of the parents.
The parent that is more likely to encourage and facilitate custody visitation rights of the other parent. (This is a big one)
The residence location of either parent in relation to the child’s existing city or state and/or if one parent is planning to move too far away.
Whether or not either parent has made process of making child support payments difficult.
The wishes of the child (depending on age) but this will not hold a lot of weight unless the child is older.
4. Do children get to choose which household to live in? Basically, No. Judges will definitely consider their wishes depending on age but will not base custody solely on a child’s preference.

5. Can my child be used as a witness in court? Yes they can. Most states give some consideration to the child’s wishes.

6. Is the mother more likely to get custody? Yes, even in today’s society. There are many exceptions though and fathers are gaining more custody rights as time goes on.

7. If joint physical custody is awarded, does that mean no one pays child support? Absolutely not. Child support is determined separately from custody arrangements and is based on levels of income.

8. If my spouse is behind on child support can i restrict visitations? Definitely not. Visitation rights and child support are treated separately. You still must honor the visitation agreement and then pursue child support separately.

9. Can i stop paying child support if my spouse won t let me see my kids? No. You must still pay child support and pursue a contempt violation of the custody agreement separately.

10. What is the purpose of a custody evaluation? The primary function of a custody evaluation is to assist the court in determining what arrangements will meet the best interests of the child. They consider family and individual factors that may affect the physical and psychological interests of the child.

11. What if my ex has sole physical custody and wants to move out of state with the kids? A custodial parent must petition the court to change the custody order and ask for permission to leave the state with the child.

One of the keys to winning custody of your children is being prepared and organized. Don’t leave everything up to your attorney. By doing your own research and being a partner with your attorney, you can significantly increase your chances of winning custody of your children.

Do you really Need New Labor Law Posters?

If you run a business and have employees, there are a slew of federal and state labor law notices you’re required to post where employees can see them each day. These are often called labor law posters, or compliance posters. They include things like minimum wage laws, the federal USERRA, non-discrimination notices, and more. Keeping up with everything that ought to be posted and making sure that the most current notices are posted in the workplace can be a real chore for big and small businesses alike. What’s more, posting a collection of paper notices can make your office look messy.

To solve the problem, a number of companies sell labor law posters that combine all the state and federal regulations on one or two posters. The posters, in general, are a good thing. They tidy up offices and help businesses stay in compliance with labor laws. But unfortunately, some of the companies that market labor law posters by mail use hard-sell marketing tactics to get you to replace your labor law posters before you really need to. In fact, some of the marketing materials that get sent in mail seem somewhat misleading and deceptive.

One ploy that’s been used in various parts of the country is a mailing that has the word FINAL NOTICE in all capital letters on the top of the page of an official-looking document. Below the “Final Notice” headline was text stating that the employer must comply with the new labor posting requirements and that failure to do so could lead to government fines of up to $17, 000 and other possible dire consequences.

Other tactics include mail-merging the name of the recipient company into the letter and using text in the letter such as a Notice Number, Reference Number, and a reply By date designed to make recipients think the mail is somehow an official warning. If your business gets a notice like that, take the time to look at who it really comes from. If you see the words poster service, or compliance service, or if you see an out-of-state address, you can be sure the official-looking “Notice” is just a sales letter. Another dead giveaway: the letter will tell you how to order labor law posters from a private company.

If you’re unsure when labor law notices you need to post were last changed, check with the US Department of Labor and your state labor department to find out if there have been any changes in required postings. Remember, too, that no matter what the labor law poster companies tell you, you don’t need to buy a new poster just because it’s a new year. You only need to replace your posters when the state or federal laws listed on them change. For a list of the latest changes in state and federal labor law posters see the Business Know-How website.

Law of Attraction Self Help – An 11 Forgotten Laws Guide For Success

If you’re familiar with The Secret, you already know Bob Proctor, whose new law of attraction program, “The 11 Forgotten Laws” is creating lots of buzz because it’s the perfect guide for your journey to success.

When you let The 11 Forgotten Laws guide your path, you’ll enjoy the success in life, love, business, and family relationships that you’ve long dreamed of. You can have a storybook life when you learn to make these important laws work for you.

Here are two tips to guide you.

1. Live your life One Day at a time, and Listen to the MP3 Files Each day

The 11 Forgotten Laws is packed with information that’s life-changing. When you hear a fresh insight, incorporate it into your life as quickly as you can. There is great wisdom in the program. Listen to it repeatedly until you “get it”.

It’s perfectly understandable and even human to have an off day every now and then. However, the Law of Attraction and other laws are working for you all the time, whether you know it or not. Use them to attract the right things into your life — if you let them operate by default, success becomes a matter of luck, rather than certainty.

One missed day won’t break you as long as you continue in your efforts to attract abundance, forgive others, “think” with more than just your brain, and open to receive the blessings that come your way.

2. Recognize and Celebrate the Manifestations of these Laws

Seeing the 11 Forgotten Laws in action is an amazing thing that should be celebrated. Learning gratitude is an important part of the process as is learning to celebrate with those who are going on the journey along with you. The successes along the way are worthy of celebration but sometimes they are small and may be overlooked. When you are looking for them; they are much easier to recognize.

Use these two tips, and the 11 Forgotten Laws will guide you to success before you know it.

Employment Law Guides Are needed Due to Changes to Employment Laws Over time

In capitalist economies employers must ‘buy’ the labour available in the market in order to utilise their capital and make profit. Those who do not have capital of their own need to offer their labour to employers. In any advanced, industrial economy the legal system must regulate the employment relationship and this is usually achieved through the concept of an employment contract. In theory this is supposed to be because there is some form of bargaining followed by an agreemnet between the employer and the employee. However, in reality this viewed by many as a legal fiction. The reason for this is that there is almost never, in reality, an equal bargaining position between the employer and employee at the time of the negotiation of the contract. Critics of the rationale of the employment contract also refer to the system of the common law which seemed to have developed very artificial rules which always favoured the interests of employers.

One of the main ways that societies have addressed the power imbalance between employers and individual workers. From a cursory observation of history it is possible to see that the activities of labour unions and other forms of organised labour can be extremely disruptive to the economy, the political system and the society in general. In some circumstances unregulated industrial conflict can even cause the destruction of the state itself as in the case of the polish soldiarity movement.

In the 20th century, unions and labour organisations became an accepted form of organisation in most advanced industrial societies. This led to the creation of a legal framework which facilitated union advocacy in relation to workers rights. Although the law does exist as a background to the context of labour law, there is wide scope for employers and employees to negotiate the terms of employment between one another. This is now accepted as a practice in the uk, Australia, Canada, the United states and most other developed countries. In the late 20th Century there was a system of tribunals of employment matters in most of these countries which meant that labour organisations had easy access to the legal system.

However, conservative political movements in these countries which gained ascendancy in the late 20th century emphasised the need for flexibility in the bargaining process. Conservative political movements dismantled the system of labour regulation which had been in existence up until that point and the balance of power relations returned to a state in favour of employers compared to what it had been up until that point.

UK Property Law – Guide and Information

Property law is the area of law that governs the various forms of ownership in property. The property law of the UK covers several topics. These include, agricultural tenancy reform, boundaries, business lease renewal, common hold, co-ownership and estoppels, easements, housing acts, landlord and tenants, long leases, mortgages, nuisances and trespass, planning, property litigation and ADR, property transactions, public access to land, residential tenancies and restrictive covenants.

The property law gives information on buying and selling a property or conveyancing. This takes place when a property for sale is requested by a buyer and the seller accepts the buyer’s offer. There is an exchange of contracts and a deposit agreed by both parties and a completion date is agreed upon, during which there is an exchange of the remaining balance and the keys to the property.

The law does not stipulate that conveyancing be done by a solicitor. Any individual can to this without a lawyer. However, it is very difficult and risky to do without the aid of a solicitor that knows the law properly. The cost of conveyancing depends on the cost of the property and interested buyers or sellers can compare costs with different solicitor firms.

The UK property law stipulates that it is compulsory for most homes on the market in England and Wales to have an HIP- Home Information Pack. A HIP is now available on a property as soon as it comes on the market. A HIP is a set of documents that provides the buyer with essential information on the property and must be provided by the seller or the seller’s representative. A property cannot be marketed without its HIP and it is provided to a potential buyer at no cost.

Co-ownership of a property is also explained in the uk property law. This is when a house is bought jointly by more than one person, such as a couple or friends. Joint tenants own the entire property together. If the joint tenants decide they want to go their separate ways, then they should request to sever the joint tenancy. Severing the joint tenancy converts the tenancy so that each tenant owns their share of the property.

The UK property law also discusses the rights of unmarried couples who buy a property and property disputes as well as stamp duty that must be paid when a house is purchased. The UK property law is liable to updates and changes that property solicitors are obliged to be aware of. Therefore, it is always advisable to go through a solicitor when buying or selling a property.

Legal rights Advice: The 3 Most common Mistakes To avoid

Getting legal rights advice is challenging and expensive today. The challenge comes from simply not knowing how to find the right professionals to talk to. It can be expensive given the high retainer fees and outrageous hourly rates for legal advice or consultation. Most individuals, whether looking out for their personal or family’s needs or even being a business owner, make mistakes, especially these ‘3’ most common mistakes:

1. Talking to family and friends about legal issues. Your family and friends are great for socializing and advice on some things, but not for legal advice. Most people are not experts on laws or how to legally solve an issue, despite the fact that they are most willing to give you or offer their opinion. Also, if the person you talk to lives in a different city, county, or state; they may not give you the correct information given the area where you reside. Everyone has an opinion; however, when it comes to your legal rights or that of your family or your business, you want more than an opinion, which can be potentially harmful (or detrimental). You want a legal expert that can address your issue, whether trivial or traumatic, with the proper legal advice.

What to do instead? You need and want to talk to an attorney who knows the specific laws in your area and with the issue you are experiencing. There are so many different laws in different parts of the United states. You need to know your legal rights. You need to be aware of your responsibility in following and keeping those laws. So, imagine having legal access 24/7 to the best team for the legal rights advice, consultation, or even legal representation when you need it and without any upfront retainer fees or outrageous hourly rates? You need to know what your options are; what’s out there; and how you can access it affordably. You need to research… which is what you are doing now.

2. The second mistake is talking to attorneys who don’t specialize in the area of law in which you need sound advice or legal help. Did you know that attorneys specialize similar to doctors? You wouldn’t you talk to a gynecologist about men’s health issues? Would you talk to a pediatrician about your pets, would you? As silly as these examples sound, you may just be doing that by speaking to an attorney specializing in divorce about your issue with the IRS! And if you think that you don’t need to go to an attorney because your figure that your attorney friend or family member knows enough, then please think again. Even though this may be a ‘free’ solution, it is in your best interest to get a referral to an attorney know other attorneys that may specialize in your area and who can also be objective to your circumstances.

What to do instead? Do talk to an attorney who specializes in the area of law in which you need help. There are so many different type of attorneys – just do an internet search. Unlike a family doctor, it is highly unlikely that you will find a ‘general’ attorney today. There are Corporate Attorneys, Family Law Attorneys, Tax Attorneys, Personal injury attorney, and Divorce Attorneys, just to name a few. When addressing your legal rights, make sure you’re obtaining the best legal rights advice from the correct attorney. There is a remarkable option for accessing affordable legal advice today.

3. The third mistake many individuals make is paying high hourly costs for attorneys. Attorney costs vary from state-to-state and even from one attorney to another. You can easily pay-out anywhere from $100-500 an hour! The hourly costs will vary depending on your legal needs or issue: i. e. whether you need representation in a court case, or you simply need a document reviewed, a legal letter written on your behalf, or you need legal advice for a future issue. Your attorney will are going to charge you according to his/her time and resources you use for that legal advice. They want to be valued for the services they provide; however, there are affordable options today to cut these high costs and have all the legal access you need.

Now, what to do instead: The solution here could be many things. One could be looking for an attorney that will do Pro Bono work. Attorneys are required to do a certain amount of hours per year for this free service. However, by the time you need assistance with a particular attorney, he/she may have already used up his hours or be too busy to help you at that time. Another solution could be finding a way to work with an attorney for a monthly cost. There are individual attorneys that do this and perhaps even there are also some law firms that may. This might actually involve a good deal of searching and time on your part. The best option is in finding a legal rights advice service that would optimally address all these concerns and be completely affordable.

These are just 3 of the most common mistakes individuals make in obtaining legal advice. There are more, for sure. Talking to family and friends, talking to attorneys that don’t specialize in the area of law in which you need legal help, and paying high hourly costs for attorneys is definitely not in your best interest. You need assurance that you are talking to the best attorney that knows the law in your area or state, that has expertise regarding your legal rights or concerns, and that is not going to charge you high fees that puts you in debt. There are better alternatives to avoid making the above mistakes. These legal options are at your disposal only for the asking. What to do instead? Reach out and ask. Your legal rights advice is that important!

3 Occasions When Real estate Laws Matter The most

Before we go into the details of occasions when one really should know the important and basics of real estate laws, let us introduce you to what these laws entail.

Real estate laws are the legal statements which specify certain terms, conditions, scenarios and obligations which individuals and organizations should follow while making any dealings regarding land and buildings of any kind including apartments, homes, cultivating land or farms. They should be followed in sale and purchase and activities involving rent and lease of any property. These laws are made to protect both parties involved in any such agreement.

The five occasions when one needs to know the basics of real estate laws are: buying or selling some property, entering into a property lease agreement, entering into a mortgage agreement, home closures and foreclosures and entering into a tenant-landlord agreement. All these occasions are important as they involve a great deal of mental and financial investment. You should, therefore, pay enough attention to even the minutest of all details before entering into any such deal and making any decision. We will discuss three of the above mentioned cases when knowing these laws will help you in a number of ways.

The first and foremost time when you should know what your rights and duties as a seller or buyer are according to law, is when you sell or purchase some property. These laws tell you what you should do before making the transaction in order to stay free of tension and any future litigation. Most of the real estate laws direct both buyer and seller to go for proper documentation of each and every step so that things may be presented as evidence in case any dispute arises in near or far future. Both the buyer and seller have to add every term and condition of the exchange to make the process go smooth. A precaution at this stage is to avoid using your own wit at such a spot and to take help of an expert. Involvement of a technical hand can save you from scams and provides much better legal protection.

When you are going to enter into a lease contract, the need to know real estate laws arises when you are to decide and document the conditions which will terminate the contract, transfer of property provisions and the use of property. Having known what you can do and what you need not to do to avoid lawsuits or unfair claims on your property will help you as long as you are involved in the agreement.

The third and last occasion is when you are entering a landlord-tenant agreement. You should well consider the landlord/tenant laws and should well bargain your rights. As a tenant, you can, and should, check fro the present condition of the residence, the number of tenants as written in the agreement and the terms and conditions of increasing the rent. As a landlord, you should make it clear to the tenant that what are the circumstances in which you have the right to terminate the contract, the number of residents and the time period for which the agreement is valid.

The Characteristics of the Fee Simple in Real estate Law

The Fee Simple is the most ample Jamaica real estate known to law; it is the most ample because it is likely to last the longest and because it gives to its owner the widest powers of enjoyment of the land. Consequently if we take the powers of fee simple owner as a datum line we shall be able to see how far the powers of the owners other freehold estates and interests fall short of this.

What powers of enjoyment has the fee simple owner? Broadly, his powers may be considered as of two kinds – his rights of enjoying the land as he pleases and his rights of alienation, or passing the land or houses for sale in Mandeville Jamaica on to others, as he may desire. In theory both these powers are enjoyed to an unlimited extent by the fee simple owner, but in practice there limitations on both.

Rights to enjoying Jamaica Property And Land

The rights which a fee simple owner has to enjoy the Jamaican land may be considered under two headings: what he is entitled to enjoy and how he is entitled to enjoy it.

(a) Subject matter of enjoyment – Theoretically the owner of the fee simple in land enjoys everything on the land, beneath it and above it. The Latin maxim – “oujus est solum ejus usque ad caelum et ad inferos”, meaning, whoever owns the soil owns also everything up to heaven and down to hell. Thus the owner is entitled generally to everything found on or under his land which has no other owner “treasure trove, ” however, belongs to Crown as do gold and silver ores wherever found. The Jamaica landowner is also entitled to the use of the airspace above his land, though the air space does not belong to him since air is incapable of ownership. There are certain things, too, which even though found on land, do not belong to the landowner; such things come within the category of res nullius or “things belonging to nobody”, and include air.

(b) Method of enjoyment – Although a fee simple owner can do practically anything he likes with his land he must always show consideration for the rights of others. At Common Law a fee simple owner may do anything he pleases on his land so long as he does not thereby interfere with any legal right enjoyed by any other person. This rule is embodied in the maxim sic utere tuo ut elienum non laedas (so use your own Jamaica property that you do not injure that of others). If for instance a landowner deposits some material on his land which gives off a smell offensive to his neighbors he may be interfering with his neighbor’s rights to the ordinary enjoyment of their land: if this is so then he has committed a “nuisance” and may be restrained by injunction.

In addition to this curtailment of the landowner’s absolute powers of enjoyment, his powers may be restricted by virtue of estates or interests which have been granted by him or his predecessors in title, or by contracts of one kind or another such as licenses or restrictive covenants.

Apart from restrictions imposed by the two rules above mentioned, the landowner can at common Law, do what he pleases. Various statutes however, particularly in recent times, have very severely restricted the landowner’s powers of enjoyment.

Natural rights of a fee simple owner

There are certain rights which belong to the property owner simply because he is the owner of the land: these are sometimes called “natural rights” to distinguish them from a large number of rather similar rights, like easements, which may be acquired by the landowner in addition to his natural rights. The most important natural rights are:

(a) Air: The right to receive any flow of air to the premises in an unpolluted state. A landowner is not entitled to the flow of air to his land and any neighbor who prevents the air from flowing, say, to blow smoke away from a chimney-pot is not interfering with any right of the landowner. But if air does flow the owner is entitled to have it unpolluted. Precedent for this existed with respect to houses for sale in Montego Bay Jamaica, construction polluted the air with dust and caused several problems for neighboring residents.

(b) Water:

(i) the sole right to fish in water on his land

(ii) the right to receive the accustomed flow of water in any natural stream on his land and to receive it unpolluted.

(iii) the right to use a reasonable quantity of the water flowing in any natural stream on his land subject to the right of owners lower down the stream to receive the accustomed flow.

(c) Support: The right to have his land, in its natural state, supported by the land of his neighbor; this natural right does not extend to buildings put upon the land. If A’s neighbor, B digs a pit on his own land which results in A’s land collapsing into the hole this is an interference with A’s natural right of support.

These natural rights are part of the bundle of rights which make up the fee simple estates. They are not rights which must be acquired from other Jamaica real estate owners as are easements and other incorporeal hereditaments.

Home Buyers and Legal Docs – How to Write Articles on Real estate Law For the general public

Most new home buyers do not have a clue as to what all the documentation says which they are signing while buying a piece of property. It’s unfortunate, and there are sometimes 100s of pages of legal stuff they sign when purchasing a home such as the stuff from the bank, mortgage company, real estate office, title company, etc. etc. and most never even read more than a couple of pages of it in total. This is why consumers and home buyers need to be warned and to think more about what they are signing.

This is where a good article author can come in handy, helping explain what is going on and why things must be signed, what they mean, who they protect, and perhaps, maybe a little bit of reality check on case law, and why things are the way they are today when buying a home or piece of property. You see, not only do buyers need a decent real estate professional to explain things to them; they need a basic understanding of the entire transaction process, so they can ask the real estate folks the right questions.

If you are going to author articles online in this venue, then you can do a world of good for both the industry, and the buyers and sellers of homes and property, which could indeed prevent lawsuits and financial calamities in the future. Indeed, I sure hope you will take this advice seriously, and consider your part as a writer in helping the greater good. Think on it, and then start writing!

Exchanging Real Property Laws within Portugal

Exchanging property is definitely tricky, regardless of whether you’re the legal citizen, buying a holiday home, timeshare, office building or just investing within the Portuguese housing market, buying or even selling is definitely an experience in paperwork. As together with your home nation, there tend to be regulations, requirements as well as rules to think about. Murphy’s Regulation holds that something that can fail will fail.

Knowing the actual ropes, research and professional assistance could make your transaction move ahead more very easily, if no more smoothly.

Attorney or absolutely no lawyer?

Portuguese law accustomed to require the notary, which is a lot like a small solicitor, but that’s no lengthier required. It’s wise to retain a lawyer (avogado) or even solicitor (solicitador).

Certified realtor

Unlicensed real estate agents abound, so request the realtor’s AMI quantity. It ought to be printed upon all organization collateral, for example Web websites, brochures, company cards as well as letter mind.

A certified realtor has got the state-required skills and uses the necessary documentation.
The actual INCI, the federal government department regulating property, also provides realtors.
Vendor pays the actual agent’s costs, usually 3% — 5%, in addition tax (21%).
The actual mortgage

Unless it is a cash deal, as the buyer you’ll need a mortgage, regardless of whether fixed or even variable price. If you visit a Portuguese financial institution, you’ll have to supply the financial institution with:

Evidence of income, such as bank claims
Health information (to be certain you do not die before you decide to pay the actual mortgage away)
Life insurance coverage to include the home loan (observe above)
Home valuation, plans, etc.
Residency greeting card, passport as well as identification
The procedure

If you’re a first-time purchaser, you’ll require a fiscal quantity (cartão de contribuinte) before you open a banking account.

The nearby tax workplace (finanças) can offer you one, and it is very simple to obtain.
The financial institution will additionally need copies of the birth certification and passport.
When you have agreed a cost (selling or buying), there is a legally joining promissory agreement (contrato de compra at the venda) in order to execute.

In those days, a 10% — 20% deposit is needed.
A attorney will (or has) put together the contract also it must end up being signed upon licensed office space or prior to a notary. The contract includes:
Identification from the parties
Identification (post number) from the property
Cost
Deposit quantity
Signing day (shutting date for that final deed-escritura)
Other considerations for example: use from the property prior to closing, and so on.
Once authorized, any default incurs fees and penalties:

Seller’s default requires the vendor to spend buyer dual his down payment
Buyer’s default indicates seller retains the down payment
As along with any escrow, in between signing the actual promissory agreement and last deed, your lawful representative may vet the home for:

Action: use as well as planning limitations
Clear name: no exceptional debt, liens, ownership or even boundary conflicts (delinquent debt follows the home, not the dog owner, including resources and taxation’s)
Habitability: no unapproved creating modifications which the property comes with an occupancy permit (licença de habitação)
Agreed fittings and fittings in position
Once completed, you’ll have to register the actual escritura using the Land Registry (Conservatoria perform Registo Predial), taxes office (Autoridade Tributária) as well as utility businesses.

Registration using the Land Registry enables you to the lawful owner.
You will need your financial number with regard to registration.