Child Custody in Colorado

Child Custody in ColoradoOne of the most sensitive issues that divorce lawyers have to tackle is child custody. It is not just about which parent spends the most time with the children of the marriage. It is about reducing the emotional and developmental impact on the child if they are not able to spend enough time with one parent. In these types of cases, attorneys have to take on the role of psychologist to advise their clients on how to minimize the effects on the child while protecting their rights as parents.

Who decides?

The judge usually decides on child custody (called parenting responsibilities in Colorado) matters based on the best interest of the child. The judge considers the following when making that decision:

-What parents want

-Where the child currently lives and goes to school

-How close the parents’ residences are to one another

-What the parent can give the child physically, financially, and emotionally

-What factors in the parent’s history may affect child custody i.e. domestic abuse

Denver divorce attorneys, such as matthewsfamilylawyers.com, have to persuade the judge that giving custody to their respective clients is in the child’s best interest.

Do mothers usually get custody?

The gender of a parent is not a ruling factor in child custody legally. However, mothers often get custody of very young children because they are usually the ones that can and do take care of the children more. Times are changing, but not that much when it comes to parenting responsibilities. Mothers still take on the role of primary care-giver in most cases. It is up to the father’s attorney to prove that the mother may not do a good job in a particular case.

Can parents share child custody?

Courts want parents to continue having a big role in a child’s life after divorce. However, if one parent wants to limit the amount of time the child spends with the other parent for any reason, the attorney has to prove this is in the best interest of the child. This has no impact on child support payments, and the paying parent cannot stop paying child support for whatever reason. Divorce attorneys in Denver do more than draw up legal documents and file motions. They pay a very important role in child custody cases. They protect the rights of their clients, and try to carry out their wishes when it comes to child custody.

Facts about Company Insolvency in Perth

Business MeetingWhen a company can no longer pay its debts or continue operations for some reason, one option is to call it quits. It cannot just close down and walk away, however. In Australia, it has to file for company insolvency as stated in the Corporations Act of 2001.

How common is it?

A company in financial trouble is quite common anywhere in the world. Many factors can lead to company insolvency, such as poor management or lack of supplies. It doesn’t mean the business was not a good one; it only means it did not work out as well as it should have.

To avoid getting into deeper trouble, when you have no other source of funds, your only option is insolvency. In Western Australia alone, 769 companies were in the same situation from July to September. They are now in the process of insolvency. Just to make it clear, insolvency is the same as bankruptcy in other countries. In Australia, bankruptcy is for people, not companies.

How does it work?

The main purpose of insolvency is to assure creditors of payment in an orderly and equitable manner. All efforts aim at making sure all creditors get something, even if they don’t get full payment. It also protects you because the creditors cannot sue your company for the unpaid debt.

Your personal assets will also get protection. However, you will lose control of your company.

When you put your company in voluntary administration, you have to appoint a qualified third party to take over as administrator. The administrator, usually an insolvency law firm, takes control of the company and tries to work out some way to save the business. This can be by negotiating for lower rates or waiver of penalties and late fees.

What is liquidation?

When the administrator does everything possible and the company is still in trouble, the next step is liquidation. This is when the company sells off its assets, such as real estate property, equipment and inventory, to get money to pay creditors.

It’s sad when a company goes bust, but it happens. The best thing you can do when all else fails is to declare insolvency, and start all over again.

Training and Work Requirements for Aspiring Paralegals in the USA

Requirements for Aspiring ParalegalsIt takes completion of a certificate program in paralegal studies, on top of a bachelor’s degree, to be hired by a law firm. An associate degree is good enough for others. In America, there is no specific set of requirements. Nevertheless, work placement is more optimistic for those who complete an internship period. Are you interested in working with attorneys as a legal assistant or paralegal?

Getting Paralegal Training

The job satisfaction of legal assistants now working across America is high. You will enjoy the same privilege if you embark on the first step now. You have to undergo extensive instruction on how to be a paralegal. You may take classes in the traditional classroom setting, or choose to enroll in an online course. Nowadays, more than 900 academic institutions in the United States offer online programs for aspiring legal assistants. Have you ever tried taking an online course? This alternative approach offers many advantages. In this kind of continuing education program, you will enjoy flexibility and a wealth of web-based resources. Overall expenses are also markedly lower than in the traditional education model. Lastly, for students who thrive in learning environments that support their pace of learning, paralegal online degree courses offer unparalleled convenience and comfort, explains The Center for Legal Studies.

Job Responsibilities

Being a legal assistant is not an overly stressful job. Although tasks may pile up at one point, paralegals usually work in environments where people with initiative and motivation can thrive. Once a lawyer hires you as legal assistant, you have to perform very specific tasks. A huge bulk of your time will be spent doing research for the cases your boss is working on. You will also draft legal documents and provide supporting services such as organizing files. As a legal assistant, you can choose to work in the government or the private sector. The average salary today is enough to make thousands of paralegals in America satisfied with their station.

Crime Does Not Pay: Felony vs Misdemeanor

Criminal ArrestedViolating the law constitutes a crime and the offender must be penalized. However, given there are some offenses less serious than others, crimes are classified to distinguish between minor and serious offenses, with corresponding differences in punishment.

Minor Offenses

For crimes that generally did not inflict physical harm or caused death, these are referred to as misdemeanors. These are crimes, explains Noll Law Office, committed with no violence involved.

Examples of misdemeanors are shoplifting, trespassing or petty theft, the latter of which is determined by the value of the stolen items or goods. Unless injury or death resulted, traffic violations are generally considered misdemeanors, particularly for first-time offenders. This includes speeding, driving without a license and DUI.

What sets misdemeanors apart from felonies – the more serious crimes involving violence – is the penalty. If the sentence includes imprisonment, the term is usually less than a year up to a maximum of one year. Otherwise, only a fine is slapped on the offender, or community service for a certain number of hours.

In Australia, misdemeanors are known as summary procedures, where the case can be ruled on by a magistrate and does not require a jury.

Serious Crimes

The services of a criminal defense attorney is required for felonies or crimes against persons and property, which often include violence, The same goes for theft with the value of the property being over $500 dollars.

It is distinguished by the penalty which is usually imprisonment not lower than one year, plus damages or a fine.

A person who committed murder, rape, kidnapping, arson or burglary will likely be facing felony charges. Punishment is almost always commensurate to the crime, such as life imprisonment for murder or rape.

A felony case will be tried in court before a jury to ensure the accused’s rights are protected since the corresponding penalty is severe.

Other Types of Felonies

Other felonies include stalking, indecency, assault and property damage below $2,500, among others. Penalties range from imprisonment no more than five years and a fine up to $120,000.

Major indictable offenses, punishable by imprisonment no less than five years and a hefty fine, include homicide, fraud and sexual offenses.

Wherever you are in the world, crime does not pay. Whether a crime is minor or serious, the guilty will be punished.

Sources for Writing Employment Agreement in NZ

Employment AgreementEvery employment agreement provides clear information on what to expect when a person agrees to be employed by an organisation. Everything it contains must reflect labour laws that apply to the organisation and its employees, for the protection and promotion of both parties' interests and rights.

In NZ, the government provides several resource guides for preparing and writing an employee agreement. These can be accessed online such as the following:

Employment Agreement Builder

This free online tool is made to help employers write employment agreements. Here business owners can easily see which laws are compulsory, voluntary or reflect minimum legal requirements.

Online Agreement Portal for Employers

This helps for checking if a draft or an existing agreement meets the requirements. An example of a standard employee agreement can be found here. Hence, it begins with an introduction followed by the parties involved (employer and employee), the position duties, nature and term of the agreement, down to declaration.

Code of Good Faith

This serves as generic code on collective bargaining. This promotes good faith by requiring parties to agree in entering a bargaining process and comply with it. Mediation and facilitation may be considered an option when there is difficulty reaching an agreement. It covers breach of good faith too with regards to collective bargaining.

The Department of Labour Website

A range of dedicated pages on labour and employment can be accessed on this website. Employers can use each for every facet of employment – from recruitment and selection to probation periods, to NZ employment rights, agreements, training, record keeping as well as unions and their roles.

These free sources are also useful in updating employment agreements and company policies. Professionals that specialise in business formation in NZ can help check the accuracy of these important company documents. Their expertise can help not only with employment advisories but also with policy formations.

While the resources mentioned above can really be useful for preparing employment agreements and handbooks, having them checked by professionals would make for clear, accurate and lawful agreements. These professionals can also do the job from the start while employers provide them with information about the organisation.

Business Law: Understanding Intellectual Property

Understanding Intellectual Property in DenverIf you are a small business owner and you have a unique product or service to share to the world, you may want to familiarize yourself with intellectual property rights laws. While different countries and jurisdictions will have varying interpretations of what constitutes intellectual property, they all agree that whoever holds the original product or service has all the rights related to its use.

What is Intellectual Property?

Whenever you create something, you observe a process that involves discovery, testing, and re-testing. This is even before you can effectively put your invention–product or service–in the market. The entire process of creating, developing, and producing innovative products and services involves the use of your innate cognitive abilities that can never be bought nor manufactured elsewhere. This makes the product or the service an intellectual property.

How about Intellectual Property Laws?

Different jurisdictions will have different parameters when it comes to intellectual property laws. Nonetheless, they are generally focused on patents, trademarks, and copyrights.

Patents

When you apply for a patent, you have the exclusive right to whatever you have invented or designed. You have the right to get a business lawyer and sue individuals or entities that made a copy or created another system or invention that’s exactly the same as yours. In one word, patent is all about exclusivity. As the patent is a property right, you can sell or rent it. In some cases it can also be inherited and, unfortunately, taxed. As M-S-Lawyers.com says, a Denver business lawyer can better explain your rights to your patent.

Trademarks

If you create a symbol, phrases, words, logos, designs, or even sounds that best represents your brand, it is your trademark. Examples will be McDonald’s classic “M” logo, Apple’s iconic bitten apple, or even the Marlboro jingle. They are exclusively the intellectual property of these companies. If you have a unique branding scheme, that should be your trademark.

Copyrights

If you are a writer or an artist, the kind of intellectual property you will have is a copyright. These pertains to intangible property that may be translated into tangible forms, such as books, comics, infographics, images, sculptures, videos, computer programs, and music. Now that you have an idea of what the most common intellectual properties are, you can effectively decide which one you can categorize your product or service to. It is your right, after all.

How Birth Injury Lawyers can Help You Achieve Justice

Birth Injury LawyersCerebral palsy (CP) occurs in one out of 10 newborns born in the United States. The disorder has become increasingly prevalent due to gestational infections, blood incompatibility between mother and baby, and severe lack of oxygen during delivery. Sufficient blood flow to the brain during the entire process of labor is needed to prevent neurological deficits caused by cerebral palsy. If you feel like the doctor’s negligence may have caused your child’s cerebral palsy, you can hold him responsible for his actions.

Seek Compensation for Damages

Cerebral palsy is a very disabling disease in the infant. It may cause movement disorders, learning impairment, mental retardation and sensory problems. Caring for a child with cerebral palsy requires extra medical and social care support. Regular consultations with a health care professional are needed because CP predisposes a child to life-threatening infections. Your child may also undergo expensive surgical operations to correct underlying structural deformities. You may also need a caregiver to take care of your child 24/7.

Long-term support is needed for children with CP. Hence, if the physician is professionally liable, you have the right to recover compensation for the sustained birth injury caused by cerebral palsy, according to TyroneLaw.com. You can get financial recompense in the form of indemnity, moral damages and exemplary damages.

Find a Birth Injury Lawyer

You need a professional to help you file a complaint against the medical practitioner. Thus, you need an expert birth injury lawyer who will gather evidence, look for witnesses, manage litigations and build a case in the court. An experienced professional has dealt with similar cases in the past, which gives you assurance that he can create the best settlement for you.

The Bottom Line

It is a physician’s duty to manage a patient’s condition for effective treatment and recovery. However, if his negligent practice of medicine results to unnecessary injuries, he must be held responsible for his actions. You must call an expert birth injury lawyer who can assist you in every step of the way.