Posted on November 16, 2018 in Family Law

Divorce is emotional and stressful for all parties involved but can be especially hard on children. Parents separating brings up a whole range of feelings for the children, such as anger, sadness, and guilt. When a couple is going through the divorce process, it is important to try to make it as easy as possible for the child. Co-parenting can often help with the sudden change. Co-parenting occurs when divorced parents share the responsibility of raising the child. In order for co-parenting to work, you and your ex need to be on the same page when it comes to raising the child. Being on the same page will be much easier if you follow these tips.

Set Rules and Stick to Them

Both parents need to agree on a set of rules and stick to them as a unified front. Having one parent enforce a rule while the other does not leads to confusion and for the child. It also makes one parent appear more strict than the other and can lead to resentment and excuses when trying to enforce the rules that are set forth.

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 Posted on November 14, 2018 in Immigration

If you are declared inadmissible, it is not necessarily the end of the proverbial line in terms of being able to enter the United States. It is possible in many instances to apply to have a ground of inadmissibility waived, though the ultimate decision is up to U.S. Citizenship & Immigration Services (USCIS) as to whether or not the request will be granted. In most instances, it is worth it to make the attempt.

Apply for the Right Waiver

There are multiple different types of waivers, but one must apply for the waiver that corresponds to their specific immigration status. Not everyone is able to seek a waiver from within the United States, despite common misconceptions to the contrary, but there are specific categories of people who may. In addition, not everyone may seek a waiver of all potential grounds of inadmissibility - in other words, someone in a certain immigration status may not be able to waive a certain ground, while someone in another status may be able to.

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 Posted on November 12, 2018 in Personal Injury

Operating an automobile on public motorways involves a lot of social compacts. Because accidents involving automobiles can inflict serious injury, and even death, all automobile operators must ensure that not only are they operating the automobile in a prudent manner, but that the automobile itself must be in a safe state. The need for regular maintenance and repair is especially important for commercial trucks. A poorly-maintained truck can cause accidents, and victims may need to engage the services of an attorney experienced in truck equipment failure accidents to recover compensation.

A horrific example of a poorly-maintained commercial truck recently occurred in the Brooklyn Borough of New York City, in which a wheel flew off a sanitation truck and killed a nearby motorist. In this particular example, Century Waste, a New Jersey company who owned the faulty commercial truck, actually failed 65 percent of the government inspections performed within the past two years. A discussion of maintenance requirements for commercial trucks, as well as some common examples of inadequate truck maintenance, will follow below.

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 Posted on November 09, 2018 in Family Law

If you and your spouse have gone through the divorce process, but are still willing to raise your child together, you will be undertaking the responsibilities of co-parenting. Co-parenting has both parents share the parenting duties of the child even after the divorce and comes with its own challenges. The parents will need to create a parenting plan. After a divorce, some people feel a need to relocate and get a fresh start in life. If you feel the need to relocate and are co-parenting your child, it will create challenges. It is important to recognize them and prepare for them before you make the decision to move.

The Distance

Obviously, the first factor that needs to be taken into account is how far away you are planning on relocating, and the different situations that will arise if you are the custodial parent or the non-custodial parent. The custodial parent is the person with whom the child spends the majority of their time. Due to the amazing technology available today, it is easier than ever to be present in someone’s life without being physically near them. However, being farther away is still going to mean that the non-custodial parent will have less overall time to spend with their child and it will be harder to negotiate how the child spends their time.

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 Posted on November 07, 2018 in Immigration

Given the capricious and very often cruel attitude of the current federal administration with regard to immigration proceedings, those who have to go through them have learned to try and be ready for anything. One of the things that will often come out of nowhere is a Request For Evidence (RFE), which can be sent at roughly any point during an application to adjust status, or while someone is in removal proceedings. Understanding what they are and what is required can be an enormous help in ensuring they are handled appropriately.

An RFE Is Not a Denial

It is critical to understand that an RFE does not mean an automatic denial - but failure to respond to one will absolutely raise the probability that your application for whichever immigration benefit will be denied. An RFE is literally a request for evidence, meaning that the immigration official currently reviewing your case would like more evidence regarding a certain part of your application, as without the information, they do not feel they can make an informed decision.

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 Posted on November 05, 2018 in Personal Injury

Escalators are a ubiquitous part of today’s life. From allowing people to get quickly and efficiently to train platforms, to traversing the various levels of airports, in many cases, escalators have replaced stairs as the preferred method of traveling between levels. However, escalators are mechanical machines with many moving parts, and, in some case, these parts do not stop moving merely because a human part gets in the way. Further, children sometimes look at escalators as a type of amusement park attraction and will attempt to “ride” the escalator, increasing the risk of an injury. When escalator accidents do happen, retaining the services of an experienced personal injury attorney can be the difference in collecting reimbursement for injuries or being forced to pay out of pocket.

Recently, a Pawtucket, Rhode Island man was killed after falling off an escalator in a mall. A witness told a news crew on the scene that the man was initially “clowning around,” riding on the rail of the escalator, and fell off, hitting his head and suffering severe head trauma.

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 Posted on October 29, 2018 in Family Law

If you and your significant other are entering into the divorce process, it can put a strain on your finances. Divorces can sometimes be a costly process, especially if it is a contested divorce and you and your spouse cannot agree over anything. The court process often leads to people having to take a hard look at their finances to determine how they can pay for everything now that they are alone. The divorce process is difficult on your finances, but it can be less difficult if you follow the tips listed below.

No Impulsive Decisions

Divorce changes people. It can be for the worse, or for the better. For a period of time, many people will feel distraught about their relationship ending and might make impulsive decisions such as buying a boat or motorcycle or moving to a new city without any planning. It is important to wait until you are sure you have processed the divorce before making those types of financial decisions.

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 Posted on October 24, 2018 in Immigration

On September 24, 2018, the Department of Homeland Security published a proposed draft of alterations to be made to immigration rules surrounding public assistance. The suggested rule change would drastically expand the categories of public assistance which would have a negative effect on a later green card or citizenship application. This has been proposed before, but the proposal is now more fleshed out and stands a chance of being adopted. This could pose real problems for immigrants later on.

A Racist and Ableist History

The initial public charge law came into being in the 1880s, before the Chinese Exclusion Act, and it explicitly barred “idiots, lunatics, convicts” and anyone “likely to become a public charge,” arguing that immigrants must be able to support themselves financially and be self-sufficient. The law was rigidly enforced until after World War II when its enforcement began to dwindle upon the general public becoming more aware of its eugenic roots. Public charge has remained on the books, but only selectively enforced, since then, though it briefly was in the news in the 1990s after efforts at welfare reform.

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 Posted on October 23, 2018 in Personal Injury

Traveling in a car or other motor vehicle always includes the risk of being in a car accident, but if drivers use care to operate their vehicles responsibly, this risk is relatively small. Unfortunately, not all drivers appreciate the need to act reasonably, and some even engage in reckless driving, which puts everyone in the vicinity in danger of being injured. Traveling at high speeds, weaving erratically in and out of traffic, and ignoring traffic signals are all examples of behavior that could be reckless. If another driver or passenger is injured because of a person’s reckless behavior, he/she will likely face legal liability for the harm caused.

The accidents that result from reckless driving are some of the worst on the road, and can greatly alter the lives of the victims. A man in Elkville was recently arrested for reckless driving near local schools, following multiple instances of erratic driving, including speeding past school buses unloading children. While, thankfully, no one was hurt, this situation illustrates how serious reckless driving can be, and shows that it can implicate not only liability for a personal injury but also criminal consequences if egregious. A discussion of what it means to engage in reckless driving, and the potential liability these drivers face if an accident occurs that results in injury, will follow below.

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 Posted on October 18, 2018 in Family Law

Guardianship is a legal process that gives one person legal authority over another. The most common use for guardianship is a family member or close friend of a child’s parents becoming guardian over a child or other family member. However, that is not the only use for guardianship. It is also used for disabled adults who can no longer take care of themselves due to mental and/or physical incapacitation.

Types of Guardianship

The role of a guardian depends on the disabled person:

• Personal guardians will make decisions relating to medical needs, residential placement, and other needs.
• Estate guardians will make decisions on the funds and assets of the incapacitated individual.

There are also divisions for the amount of freedom given to the guardian. The court reviews the decision-making capabilities of the disabled person and makes a decision to appoint the guardian as one of these types:

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