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The Primary Factor Considered in a Child Custody Case

Parents, who decide to part ways after failing to find solutions that will mend the tear in their relationship, need to address vital divorce-related issues before finally going separate ways. One of these issues is child custody, a complicated issue that divorcing parents need to settle. Child custody is the legal decision on who ought to have full guardianship of the child and what specific responsibilities each parent will have over their child.

 There is no federal law that mandates US states on how the case of child custody ought to be decided, thus, some states differ on how they determine the case. Despite the differences though, there is one constant factor which every state considers and prioritizes – the child’s best interest. For children below 18 years old, infants and the unborn, as well as individuals who are mentally incompetent, the court usually appoints a guardian ad litem to represent them. This special guardianship lasts only during the duration of the legal proceedings (such as divorce, cases of child neglect and / or abuse, contested inheritance and paternity suits). The guardian ad litem is usually a lawyer; the court, though, may decide to appoint a social worker to represent the child and inform the court of his or her needs and interests.

Other factors the court may consider when determining the best custodian for the child may include any of the following:

–          the capability of the parent to address the child’s medical and educational needs and the parent’s understanding of these needs, his or her emotional state, physical limitations and work schedules;

–          the child’s relationship with his or her parents;

–          the parent’s ability to meet the emotional needs of the child;

–          the fitness and financial stability of the parents;

–          the proximity of the parents’ homes;

–          the amount and quality of time spent by the parent with the child before the separation

There are also different types of custody that the court may decide to award: legal custody, joint legal custody, physical custody and sole custody. Unless one parent is deemed by the court as unfit to act as custodial parent, custody is usually awarded to both parents who would share equal time with their child / children (granting that they live near each other) and who can decide with regard to their child / children’s future.

Consulting with a highly-qualified family lawyer would enable you understand greatly the issues regarding child custody. He or she will also be able to help you realize what is really best for your child.


Birth Defects May Mean a Zoloft Lawsuit

Pregnancy can be accompanied by a roller coaster of emotions, perhaps due to the hormonal changes that are occurring in the mother’s body. Two of the most common psychological problems encountered during pregnancy is anxiety and depression. When it gets bad enough, a doctor may prescribe small doses of Zoloft, generically known as sertraline hydrochloride, to ease the symptoms. Zoloft manufacturer Pfizer is not shy about touting the benefits the prescription drug in keeping a woman calm and relaxed during pregnancy.

Here’s the clincher: antidepressants such as Zoloft has been associated with a number of birth defects that may have a significant impact on the lives of both mother and child. These defects include but not limited to:

  • Abdominal defects
  • Atrial septal defects
  • Club feet
  • Congenital heart defects
  • Persistent pulmonary hypertension of the newborn
  • Skull defects
  • Spina bifida
  • Tetralogy of fallot (TOF) with pulmonary atresia
  • Transposition of the great arteries
  • Ventricular septal defects

The risks to the baby in utero have been well-established, and yet Pfizer is pooh-poohing the warnings of health experts in the use of Zoloft during pregnancy. This failure to inform and warn patients about the dangers of Zoloft use during pregnancy and while breastfeeding renders the company negligent for knowingly risking the life of another human being in order to sell their products.

As a result, more than 250 cases have been filed against Pfizer for the birth defects or health problems of children who were exposed in utero and through breast milk. Currently, a multidistrict litigation has been set-up in Philadelphia. This will provide more people to have their grievances addressed with the support of other fellow sufferers. Even children who are now adults but were born with problems because of the use of Zoloft during pregnancy are following suit.

Zoloft is a prescription drug, and can only be obtained from a licensed medical doctor, Nevertheless, Pfizer should still have clearly and rigorously warned the public against the dangers of taking Zoloft while pregnant. If you think you have a good chance of succeeding in a Zoloft lawsuit, consult an Zoloft lawsuit attorney to assess your situation, provide you with advice on what how to go about it for a successful conclusion.


Felony DUI

Drunk driving is considered a serious offence in all states. The penalties for being caught driving under the influence of alcohol, furthermore, have become more and more severe in recent years. Conviction for DUI can put you in prison, result in large fines, and cause your driver’s license to be suspended for a significant amount of time.

One of the first things that a policeman may do after they have pulled someone suspected of felony DUI is to have the suspect undergo a breathalyzer test to help determine their blood alcohol content (BAC). There are other ways that BAC can be determined: through blood, urine, and saliva tests. BAC tests measure the amount of alcohol present in your blood, which is generally expressed in percentage terms. These tests can be taken after the arrest.

All states implement the 0.08% legal limit for intoxication levels. Driving with a blood alcohol content at or above this level is against the law, and can expose those who are found guilty of this crime to serious penalties as a result. Furthermore, in some instances, a person may be rendered intoxicated even if their blood alcohol content is below the legal limit.

Every person is different, which can make it hard to determine if a person is safe to drive a vehicle after a drink or not. Body weight, gender, age, alcohol tolerance, and many other things can affect how much a person’s ability to safely operate a vehicle is impacted by alcohol. Furthermore, factors such as taking medications can render you guilty of DUI, and having a proper meal before or while drinking can also affect the alcohol levels in your blood. People under the age of 21 years old can be charged with DUI even if they test positive with only 0.01% BAC. The best way to avoid a felony DUI is to not drink and drive. 


San Antonio Personal Injuries at Work

Workplace safety is an important issue for almost any job. For San Antonio construction sites, it is doubly important that safety in the work areas is maintained in order to prevent serious or even life-threatening accidents and injuries. When accidents occur in the workplace due to neglect of workplace safety standards, it is the job of a personal injury attorney to assist the victim and hold those responsible for the damages accountable for their actions.

When workplace safety is taken lightly, it can lead to serious injuries. These injuries can cause severe physical pain, and could even cost a person their life. The responsibility for making sure the workplace is safe falls on the contractor or the owner, meaning that they are liable for any accidents which may occur. In most cases, these types of accidents can be prevented. Here are some tips that can help prevent workplace injuries and maintain safety while working:

  1. Ensure that equipment and the premises are inspected on a regular basis to guarantee that they are in good working condition.
  2. Make sure the floor is free from slipping hazards. Put signs in areas where it is wet and should not be used. Put anti-spill mats on areas where people walk to avoid slips and falls.
  3. Keep all passageways clear of debris and any obstacles, and keep them well-lighted.
  4. Always check the electrical, heating and water supplies. Make sure they don’t have any damages to avoid any electrical injuries. Once any type of defect is found, make sure that it is fixed properly before it is used again.
  5. Keep scaffolds, ladders, and any step ladders strong and secured to avoid fall accidents.

Everyone has a responsibility to keep themselves safe from any injury, whether they are at home or in the workplace. Nevertheless, once workplace accidents occur, if they are the result of the careless actions of another person or if there is negligence on the part of the safety officer, then the victim can ask for compensation. If you have been in a workplace accident and you did not receive any compensation, then it’s best to contact San Antonio personal injury attorneys who can help you push your right for compensation forward.


Mediated Divorce in Raleigh

Having a mediated divorce lawyer may be a new concept to many people; not everyone is comfortable of having another person negotiate for them. However, this is not the real reason why there is a mediator for the divorce. As it turns out there are a lot of advantages to having a mediated divorce than going to court. Here are some myths about mediated divorce and the truth behind it.

  1. Mediation is for the weak – in a mediated divorce, both spouses have the right to speak and stand up for themselves. Even with a lawyer present, both spouses can voice out their terms and conditions. This often leads to self confidence after the divorce as well as agreements they can keep up. There is no dominant party in mediation, and the mediator does not allow any dominating behavior.
  2. Lawyers are not needed in mediation – Although they are not required, it would be more helpful and beneficial to have a divorce lawyer in the proceedings. Not only can they guide the spouses through the process, they can also provide information, insights, and important ideas beneficial for their clients. A lot of effort is necessary for information gathering as well as decision making, and having the right divorce lawyers can lighten up the load. However, it is always safe to find a lawyer who is pro-mediation (as it is still a new approach to divorce), and even experienced lawyers has little to no background to divorce mediation.
  3. Mediation is always better than going to court – Mediation works for a lot of divorce couples, but it is not always applicable for all divorce cases. Because the mediator does not have the authority to assert his or her opinion on the spouses, they stay neutral in the negotiations between spouses. Instances where domestic violence is present, or when spouses prefer to drive a legal point, then the compromise that a mediated divorce can offer may not be for them.

Divorce is a bitter experience, and going to court can make it even more painful – they can take longer to be settled and could cost more money. Choosing the best mediated divorce lawyer in Raleigh could be the best option for most as it is a cheaper, quicker and less stressful way to end the relationship.


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