Recent Blog Posts
How Does Parental Alienation Affect a Divorce Case?
No marriage is perfect, and marriages regularly end in divorce. Disagreements and anger about the end of a marriage can cause a spouse to lash out at their former partner in whatever ways they can. Divorces with an adversarial nature often seriously impact the lives of the spouses and any children involved. Occasionally, a parent may take the anger and resentment even further than normal and cause their child or children to experience parental alienation syndrome.
What Is Parental Alienation Syndrome?
Parental alienation syndrome is a term created in the 1980s by the child psychiatrist Dr. Richard Gardner. Gardner used this term to describe what happens when a parent tries to make their children dislike the other parent. The parent who is attempting to alienate the child is often not happy about the divorce and wants their children to be on their side in order to influence child custody decisions. The alienation is accomplished by making negative comments about the other parent, constantly putting them down, blaming them for everything, and even making false accusations. It is also common to see a parent attempt to keep the children to themselves as much as possible and limit the other parent’s parenting time with the children.
Is a Lack of Security Grounds to File a Personal Injury Lawsuit?
Being an invited as a visitor to another’s property, whether the property owner is a business or another person, carries with it some expectations. Fundamentally, the visitor can expect the property to be reasonably free of any dangerous conditions, or, if not, to be made aware of any hazards. Additionally, the visitor can expect that he/she will be safe while on the property, even if that means that the property owner provides an appropriate level of security detail. If these expectations are not met, and an injury to the visitor occurs, retaining the services of an attorney experienced in personal injury matters, and one especially focused on premises liability and insufficient security, can be crucial to obtaining compensation for the visitor’s injuries.
Recently, the estate of a teenager who froze to death after getting trapped in a hotel freezer has sued the hotel, alleging that it failed to secure the area around the freezer, which, although not used, was still accessible to the public. Allegedly, the teen walked around, visibly disoriented, past hotel staff and into the freezer, and no one attempted to stop her. A discussion of premises liability, as well as some examples of insufficient security procedures, will follow below.
Looking Back at Immigration Overhaul 2018
As 2018 draws to a close, one can look back at the U.S. immigration system as it once existed and see very little remaining. While the system has never been perfect, many different changes have been instituted in 2018 which have failed to make the United States any safer, despite their stated aims. Inefficiency has persisted, and suffering has mushroomed. The people who have cases pending in the system have been put through far more than anyone should expect to endure. However, that perseverance does sometimes pay off - and for the sake of a better life, many continue to try.
“Zero Tolerance”
Despite the "sturm und drang" coming from immigration hardliners, anyone caught in the act of crossing the U.S. border without inspection is generally deported as quickly as possible, thanks to a policy called expedited removal which permits deportation without being allowed to see an immigration judge if someone is arrested within 100 miles of the U.S. border and has been in the U.S. for less than two weeks. Under the previous administration, Immigration & Customs Enforcement (ICE) had a strict system of priorities when seeking to enforce detentions and removal orders - generally, those with convictions for aggravated felonies and crimes of moral turpitude were the migrants actively targeted by federal enforcement. Many undocumented people were allowed to remain if they had established ties to the country, paid their taxes, and had no criminal records, with federal might being used on those deemed a greater danger to U.S. national security.
How Much Does Adoption Cost?
Adopting a child is a great option for couples who would like children, but many people are surprised at how much it costs to actually adopt a child. The expenses can vary widely for many reasons, such as the number of legal fees, whether you are working with an agency or not, and the costs of obtaining all the necessary toys and childcare items. When the process is done, and you are finally able to go home with your child, it will all be worth it. However, you will likely want to try to alleviate the costs of adoption whenever possible.
Costs of Domestic and International Adoption
International adoption refers to adopting a child from another country instead of within the home country of the adoptive parents. Travel expenses and the laws and regulations around adoptions can all make it difficult to adopt a child from another country. International adoption also costs much more in general than a domestic adoption due to the different processes and fees involved. For example, most countries will require the prospective parent to visit the country of the child they wish to adopt, and the prices of multiple international flights can add up.
Suing Your Employer for an Injury
Suffering an injury as the result of a preventable action by another can be extremely frustrating. Whether it is not correcting a dangerous condition or acting irresponsibly, initial thoughts after such an event question why the other person or entity acted as they did. Afterwards, when the costs of recovering from the injury begin to become due, thoughts turn to whether the responsible party can be required to pay these costs. Retaining the services of an attorney experienced in personal injury law can be crucial to ensuring that the responsible party does compensate the injured individual for all expenses associated with recovering from the injury.
A complex situation arises when the responsible party is the injured individual’s employer, in which case the employee has a decision to make – utilize the workers’ compensation policy or pursue legal action in court. A company which has recently been in the news, Amazon, was the subject of a story which illustrates numerous ways injured employees are effectively left to fend for themselves, resulting, in one instance, in a former employee becoming homeless as a result of the costs of recovery.
Liability for a Child’s Injuries
630-932-9100 for a free consultation.">A big part of raising a child is protecting him/her from harm, which is almost impossible with all the dangers that exist in and out of one’s home. However, things like seat belts and bicycle helmets are a few of the devices created specifically to prevent a child from injury. Unfortunately, even with precautions, injuries can still happen, but some injuries are preventable and only occur because someone else was negligent or reckless. Further, some of these injuries happen in environments that cater to children and should have better protocols in place to keep everyone safe.
If an injury is the result of a preventable error on the part of another, retaining the services of an experienced personal injury attorney is crucial to being compensated for the costs of the child’s recovery. A tragic example of an injury to a child, one which resulted in his death, occurred when the seven-year-old fell from a zip line at a gym in suburban Chicago. The family has since initiated a lawsuit against the gym for failing to supervise the child and provide safety devices that would have prevented his injuries. A discussion of the common types of injuries a child can suffer, as well as the types of remedies available, will follow below.
Crimes of Moral Turpitude and the Petty Offense Exception
U.S. immigration law defines a crime of moral turpitude (CIMT) as being a crime involving conduct that shocks the public conscience, and is “contrary to the rules of morality.” In immigration law, being convicted of a CIMT can render someone deportable. The only way to avoid deportation in such a situation is either to seek a waiver or to avail oneself of what is called the petty offense exception. The exception is not well understood, but it can be very helpful in some immigration cases.
CIMTs Are Subjective
The category of crimes of moral turpitude came into being only within recent memory, and there is no specific written definition of a CIMT within U.S. immigration law. It has been described in various cases as “being inherently base, vile, or depraved” and shocking the public conscience. A variety of crimes from murder to kidnapping to fraud have been classified as CIMTs, and given the vagueness of the law and the definition, it can be quite difficult at times to determine whether you have in fact committed a CIMT or not.
How Will Retirement Affect My Spousal Maintenance Payments?
Every divorce needs to be treated differently due to the individual circumstances in each case. However, there are some common elements that will typically need to be taken care of during the divorce process, including child custody, division of assets, and spousal maintenance (alimony). Maintenance consists of financial support that one spouse pays to the other to make sure they are able to support themselves after the divorce. If you are close to retirement age and are considering initiating divorce proceedings, you may be wondering what will happen if you are ordered to pay maintenance and decide to retire soon after.
Possible Outcomes
If you decide to retire and are still paying maintenance to your ex-spouse, there are a few different outcomes that could occur. Illinois law states that you may be able to receive a reduction or stoppage of your maintenance obligation if you are able to show that you have had a “substantial change in circumstances” making you unable to pay the maintenance. The decision to retire is often not enough for a judge to order a complete termination of maintenance payments, but it may be enough for a reduction of the amount of payments. The decision will depend on how severe the reduction in the payer’s income is after retirement. Retirement is not the only factor that a judge will look at to determine if the maintenance payments should be changed, but it does fall under the “substantial change in circumstances” umbrella.
The Random Nature Of H1B Visas
It may seem somewhat counterintuitive, but H1B visas, which are nonimmigrant visas granted to highly skilled workers, are essentially given via lottery every fiscal year and have been for roughly the last decade and more. Citing the slapdash nature of the process, the current administration has sought to streamline and refine it - however, the changes being proposed are far from uniformly approved. New proposed modifications also continue to come in, sometimes from presidential tweets and other unlikely or untrustworthy sources, which makes the process arguably even more chaotic.
The Process Is a Gamble
H1B visa holders are foreign workers that are allowed to be employed by U.S. companies temporarily, for so-called “specialty occupations.” Specialty occupations are defined as those requiring “theoretical and practical application” of a body of “highly specialized knowledge” in a host of different fields, including biology, chemistry, law, economics, theology, and many others. They must hold at least a bachelor’s degree or its equivalent, and the period of employment is three years, extendable to six before one must reapply for a new visa.
Enjoyable and Practical Ways Prepare for Adopting a Baby
Adopting a child can be a lengthy process, and for good reason. It is necessary for the proper due diligence to be taken by all parties to make sure the adoption is the right fit. It is helpful to do all the research you can before adopting a baby so you can be adequately prepared.
Fun Ways to Prepare
- Get the baby’s bedroom ready - While you are waiting for the adoption process to be finalized, you can prepare the baby’s bedroom for them to arrive. Decorating the room with wallpaper, painting a mural, or buying toys, a crib, a changing table, a swing, and any other things necessary for your baby may take some time, so be sure to give yourself enough preparation time for your new arrival.
- Exercise or take up a hobby - If you feel stressed or anxious while waiting for your baby, you can take your mind off things by exercising or starting a hobby you have always wanted to try.