When you meet with the attorney for the initial consultation of your NYC accident injury case it is important that you come prepared. If you are proactive and keep your attorney up to date, your NYC accident litigation will be less nerve-racking and meetings with your attorney will be more efficient. The following is a list of documents you should provide to your NYC accident attorney at your free initial consultation.
• Police reports
• Hospital bills
• All your files regarding the other party and any relating correspondence
• All insurance policies
• Documentation relating to any product at issue; like purchase orders or receipts
• Tax returns and financial statements
• Canceled checks and bills or invoices
• Files from previous litigation
• Files from previous attorneys
In NYC, it is important to be prepared to discuss your financial and personal circumstances with your attorney as they might affect the accident lawsuit. It is also important to stay in constant communication throughout the proceedings so that your attorney is apprised of your situation. In many cases a simple omission could make a significant impact to your accident case so be careful to follow the advice of doctors as well as your attorney and any authorities involved in your case.
This article was provided courtesy of the NYC accident lawyers at the Jacob Fuchsberg Law Firm.
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Wednesday, September 30, 2009
Wednesday, September 23, 2009
Can Grandparents Sue for Custody?
Can grandparents sue for custody in Texas? The short answer is, “Yes,” but the burden of proof rests on the grandparents and is not easy to establish. The types of rights for which grandparents may sue are custody and visitation.
Custody Rights
Custody rights are the legal rights and obligations with respect to assuming the full-time parenting and raising of minor children, usually defined as children under the age of eighteen. If parents are deemed to be a danger to their child, for example, or are not willing to voluntarily surrender custody to the grandparents, the court may make a ruling based on the best interests of the child. Typically, grandparents are allowed to petition the court for custody if the child has already lived with them for at least six months and they file within 90 days of the date the child moved out of their home.
While it is unusual for grandparents to be awarded custody over one or both parents, the grandparents may sue for primary or sole physical custody of the child if there is an emergency situation that threatens the health and safety of the child or they have evidence that the child would be better off living with them than the parents. Some situations that may prompt grandparents to sue for custody include:
• The parents are themselves underage
• Neither parent can afford to support the child
• Both parents have a documented history of abusing or neglecting the child
• The parents voluntarily choose to give custody of their child to the grandparents
Visitation Rights
Visitation involves a court-established schedule of days and times that the grandchildren are to spend with their grandparents. In some states, like Texas, the law does not provide grandparents with automatic visitation rights, but they can be granted access if the court is petitioned, neither parent objects, and there is no reason to believe that such visits would be detrimental to the child’s physical, mental, or emotional health and well-being.
If you are a grandparent and believe that it would be in your grandchild’s best interests to have regular visits from you, or even move in with you on a full-time basis, you should contact an attorney with experience in family law. Be prepared – you may be facing quite a challenge when it comes to gaining custody of your grandchildren and will need all the legal advice you can get.
Article provided courtesy of Robert Reid McInvale, a Child Custody Attorney in Houston. Sphere: Related Content
Custody Rights
Custody rights are the legal rights and obligations with respect to assuming the full-time parenting and raising of minor children, usually defined as children under the age of eighteen. If parents are deemed to be a danger to their child, for example, or are not willing to voluntarily surrender custody to the grandparents, the court may make a ruling based on the best interests of the child. Typically, grandparents are allowed to petition the court for custody if the child has already lived with them for at least six months and they file within 90 days of the date the child moved out of their home.
While it is unusual for grandparents to be awarded custody over one or both parents, the grandparents may sue for primary or sole physical custody of the child if there is an emergency situation that threatens the health and safety of the child or they have evidence that the child would be better off living with them than the parents. Some situations that may prompt grandparents to sue for custody include:
• The parents are themselves underage
• Neither parent can afford to support the child
• Both parents have a documented history of abusing or neglecting the child
• The parents voluntarily choose to give custody of their child to the grandparents
Visitation Rights
Visitation involves a court-established schedule of days and times that the grandchildren are to spend with their grandparents. In some states, like Texas, the law does not provide grandparents with automatic visitation rights, but they can be granted access if the court is petitioned, neither parent objects, and there is no reason to believe that such visits would be detrimental to the child’s physical, mental, or emotional health and well-being.
If you are a grandparent and believe that it would be in your grandchild’s best interests to have regular visits from you, or even move in with you on a full-time basis, you should contact an attorney with experience in family law. Be prepared – you may be facing quite a challenge when it comes to gaining custody of your grandchildren and will need all the legal advice you can get.
Article provided courtesy of Robert Reid McInvale, a Child Custody Attorney in Houston. Sphere: Related Content
Wednesday, September 2, 2009
Understanding Different Types of Bankruptcy
Bankruptcy is the possibility, under federal law, for an individual or business entity to liquidate debts, eliminate debts, or work out a payment plan to pay some or all of their debts over a period of time. Bankruptcy contemplates the meeting of debtor (the person who or entity which files for bankruptcy) and creditors under the structure of the bankruptcy laws to give the debtor the opportunity to obtain a “fresh start” without the overwhelming pressure of pre-existing debt.
Businesses may file for bankruptcy with one of two options for emerging from bankruptcy. The first is liquidation, a winding up and closing of the business. In that case, all of the assets and liabilities of the debtor (the entity that files for bankruptcy) are listed, and with the filing of the petition for bankruptcy, all creditors are informed of the filing as well as the total assets and liabilities of the debtor. At the end of the liquidation process, the debtor is no longer in business. The other type of bankruptcy for businesses contemplates reorganization. At the end of the reorganization process in the bankruptcy court, the business emerges to continue operations.
For individuals, the bankruptcy process provides the “honest but unfortunate debtor” with the opportunity for a fresh start. Under Chapter 7 of the Bankruptcy Code, individual debtors who qualify under the “means test” set forth in the Code may discharge certain debts. The debts are paid from the proceeds of a sale of certain types of property (“non-exempt” property) by to a trustee appointed by the Bankruptcy Court. Some debts, such as criminal fines or child support, may not be discharged.
Individuals may also file for bankruptcy under Chapter 13, which provides the opportunity to restructure debt and extend payment terms over a period of years. It is important to note that while Chapter 11 will operate to stop a foreclosure, Chapter 7 does not.
The bankruptcy laws are complex, and filing for bankruptcy has ramifications that must be considered prior to filing. If you contemplate filing for bankruptcy, contact an attorney.
Information provided courtesy of the Long Beach Bankruptcy Attorneys at Claveran Law Firm Sphere: Related Content
Businesses may file for bankruptcy with one of two options for emerging from bankruptcy. The first is liquidation, a winding up and closing of the business. In that case, all of the assets and liabilities of the debtor (the entity that files for bankruptcy) are listed, and with the filing of the petition for bankruptcy, all creditors are informed of the filing as well as the total assets and liabilities of the debtor. At the end of the liquidation process, the debtor is no longer in business. The other type of bankruptcy for businesses contemplates reorganization. At the end of the reorganization process in the bankruptcy court, the business emerges to continue operations.
For individuals, the bankruptcy process provides the “honest but unfortunate debtor” with the opportunity for a fresh start. Under Chapter 7 of the Bankruptcy Code, individual debtors who qualify under the “means test” set forth in the Code may discharge certain debts. The debts are paid from the proceeds of a sale of certain types of property (“non-exempt” property) by to a trustee appointed by the Bankruptcy Court. Some debts, such as criminal fines or child support, may not be discharged.
Individuals may also file for bankruptcy under Chapter 13, which provides the opportunity to restructure debt and extend payment terms over a period of years. It is important to note that while Chapter 11 will operate to stop a foreclosure, Chapter 7 does not.
The bankruptcy laws are complex, and filing for bankruptcy has ramifications that must be considered prior to filing. If you contemplate filing for bankruptcy, contact an attorney.
Information provided courtesy of the Long Beach Bankruptcy Attorneys at Claveran Law Firm Sphere: Related Content
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