Factors that can Affect a Court when Deciding about Child Custody and Visitation Rights

Apr 3, 2017 by

One change adopted by state courts when it comes to awarding child custody is giving the custodial rights to both parents, instead of just one – this is if both parents are deemed fit by the court. This change was made after consideration of many factors, especially the benefit it will cater to the child as this will allow him/her to continue receiving care and attention from both of his/her parents.

When one parent, however, would endanger the child’s holistic well-being due, but not limited, to abusive parental behavior (physical, emotional, etc.), abandonment of the child by the parent, parent’s use of drugs and/or alcohol, exposure of child to pornographic elements due to parent, parental use of excessive, unnecessary discipline and failure or inability by the parent to care for the child,  then the guilty parent may not only lose custodial rights, but the right to visitation as well – because severing the relationship with such parent is judged by the court to be in the child’s best interest.

The child’s best interest is always a court’s basis in deciding things that will affect the child – his/her present and future wellbeing. Thus, in consideration of a child’s future needs, some of the factors that will be considered by the court in deciding who gets child custody and who shall pay child support, include the parents’ age, health, educational attainment, job, financial capability and security, and the capability to really care for the child.

Child neglect or the inability of the parent to give his/her child the proper, necessary care is not just one type of child maltreatment; it is actually its most common type too. And one classic example of child neglect is inadequate supervision.

There is no uniform rule as to how much supervision a parent ought to give his/her child. With regard to determining just how much supervision is needed by a child, his/her age, the environment or neighborhood and his/her possible exposure to dangerous elements, such as unhealthy and unhygienic household conditions, guns and/or other deadly weapons, second-hand smoke (from smokers) and other safety hazards, will have to be considered seriously. Any injury that a child may suffer from, due to the custodial or visiting parent’s lack of supervision, can definitely influence the court in reconsidering a parent’s rights over his/her child.

It is the firm belief of one law firm with the address, www.marshalltaylorlawfirm.com, that, “the importance of a child custody agreement on both the lives of the children and the parents, makes this divorce issue frequently the most contentious issue during a divorce proceeding. Thus, when it comes to determining a custody agreement that you feel is best for you and your children, having a supportive and knowledgeable lawyer on your side can make the difference between getting the outcome you want and getting one you believe is unsuitable for your family.”

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If You do not Have Car Insurance, Then You Can Be in as Much Danger as Someone You may Injure in an Accident that is Due to Your Fault

Aug 7, 2016 by

In all 50 states in the U.S., proving financial responsibility is a basic requirement for people who want to drive legally. This financial responsibility law specifically requires drivers to prove their capability in paying for damages in accidents wherein they are at fault. Financial responsibility may be proven by:

  • Carrying auto liability insurance, which is the requirement in all U.S. states, except in New Hampshire; or,
  • Depositing securities or money with the state treasurer or filing an SR-22 in lieu of purchasing an auto insurance policy – this is allowed in New Hampshire. A driver, however, may still choose to be insured if he or she prefers so.

(In the state of Virginia, drivers may instead pay the state’s Department of Motor Vehicles the required uninsured motor vehicle fee as an alternative to carrying auto liability insurance)

It is necessary for drivers to show proof of financial responsibility in four different instances:

  • When they get pulled over by a police officer;
  • When they get involved in an accident;
  • Upon renewal of their driver’s license; and,
  • When they renew their vehicle registration.

Carrying auto liability insurance remains to be the most common way for drivers to demonstrate proof of financial responsibility. The type of insurance coverage that drivers need to carry depends on the liability system existing in the state where they reside. In 12 states (Florida, Hawaii, Kansas, Kentucky, Massachusetts, Michigan, Minnesota, New Jersey, New York, North Dakota, Pennsylvania and Utah) the “no-fault” auto liability coverage is the system recognized. Under this “no-fault” system, payment for losses and damages, which includes cost of medical treatment and lost wages, comes from each driver’s insurance provider, regardless of who was at fault in the accident.

Thirty-eight other states recognize the “tort” or “fault” liability coverage. Under this system, victims are compensated by the at-fault driver’s insurance provider; an accident victim may, however, file a civil lawsuit against the at-fault driver for further claims. This usually happens if the compensation paid by the insurance company does not fully cover the all losses and damages suffered by the victim.

Though a requirement, the Insurance Research Council (IRC) says that uninsured drivers in the U.S. still exceed more than 29 million. This is due to the high cost of insurance policies. According to the website of Second Gear Magazine, through some independent car insurance agencies, drivers can get insurance coverage that best fit their specific needs but without paying more than what they should. Independent car insurance firms have made it their business to help drivers and car owners find the best insurance deals at the lowest prices. They do these by offering different free online insurance quotes from major insurance providers. These quotes will allow customers to compare deals and prices, and get the policy that they really need.

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