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(a) The love, affection, and other emotional ties existing between the parties involved and the child.
(b) The capacity and disposition of the parties involved to give the child love, affection, and guidance and to continue the education and raising of the child in his or her religion or creed, if any.
(c) The capacity and disposition of the parties involved to provide the child with food, clothing, medical care or other remedial care recognized and permitted under the laws of this state in place of medical care, and other material needs.
(d) The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.
(e) The permanence, as a family unit, of the existing or proposed custodial home or homes.
(f) The moral fitness of the parties involved.
(g) The mental and physical health of the parties involved.
(h) The home, school, and community record of the child.
(i) The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference.
(j) The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent or the child and the parents.
(k) Domestic violence, regardless of whether the violence was directed against or witnessed by the child.
(l) Any other factor considered by the court to be relevant to a particular child custody dispute.

When there is a dispute concerning the child, the court must use these factors to decide the outcome. The factors are often used to determine custody, but they are important in other disputes, such as changes in parenting time, which school a child attends, religious upbringing, and similar matters.

The court may weigh the factors differently, so a parent could be favored by more factors but the court considers them to be less important, and rule in favor of the other parent. For example, suppose the parent with primary custody asks the court’s permission to move a great distance away, and the court feels that the move would be very harmful to the child’s relationship with the other parent. In that case, the court could decide that this factor is more important than all of the others and deny the request to move.

When there is a dispute before the court, one should try to determine which factors are the most important and be sure to address them in arguments before the court. The other factors should also be considered to avoid any surprises. In preparing for a dispute and evaluating the factors, a party may come to the conclusion that the other side is favored by the factors. In such a case, it may be better to try to settle the matter to produce the best outcome rather than risk an adverse decision by the court. If you are represented by an attorney, provide him/her with as much information as possible to assist with your representation. (If you omit telling your attorney something important, your case will suffer.)]]>

After an auto accident, putting the pieces of your life back together is possible. Financial relief is obtainable, too. You just need to make sure you have the right one to make it happen for you. Now, the big question is – What must the seriously injured auto accident victim look for in a lawyer? Below are some important issues to think about when choosing the ideal auto accident lawyers to fight for you.

Knowledge and experience are the central qualities of any good auto accident lawyer. First, you must know your potential auto accident lawyer’s legal ability rating and general ethical standards rating that he has obtained for all of the past year/s of his career. These lawyers must have served as prosecuting counsel in litigation involving substantial injuries, and then obtained substantial settlements and jury verdicts.

In addition, knowing if the auto accident lawyers have obtained positive recognition in and outside the legal profession is also important. Also, an auto accident lawyer must have been recognized by his peers as established, superior trial lawyers. He must also verify that he is an effective legal advocate, by citation to important published appellate victories he has achieved. A lawyer’s appellate success matters because it is a good measure of the attorney’s vitally important general ability to argue and persuade on legal issues, and this is important for any auto accident case.

Finally, any good auto accident lawyer must see the logic of your wanting to assure that you will be properly represented in your auto accident case. He must also be willing and happy to answer any questions you may have about his legal qualifications.

The auto accident lawyers’ excellent legal ability and general ethical standard ratings, the recognition from their peers, their local and national reputation, their trial successes, and their appellate successes are all matters that you must inquire about in selecting the right auto accident lawyers for your serious injury case.

After all, choosing a lawyer is the most significant step of becoming involved in the legal process. Most people become very faithful to one lawyer with whom they have had success with in the past – and past success is a very good criterion in choosing a lawyer. But, if you are new to the legal arena, and are faced with the critical task of choosing a lawyer for the first time, it can’t hurt to look for some qualities that everybody looks for in a lawyer.]]>

When you’ve been a victim of personal injury at work or in the street, you can be entitled to large amounts of compensation. For you to be able to win your personal injury case and get the compensation that you deserve, you’ll certainly need the assistance of reputable personal injury lawyers. However, choosing one is definitely critical and you’ll surely wonder if how you can best eliminate all the confusion and ambiguity in hiring an attorney. When we speak of personal injury claims, settlements can range from hundreds to thousands of dollars.

Legal matching services can help you locate the right personal injury lawyer for your personal injury case. With it, you don’t have to worry much about the legal process and just expect for good things to come your way through these competent lawyers. You will always want to get the highest possible claims so you need a competent legal counsel for this. Take note that the payment of these claims depends not only on the facts of the lawsuit but the lawyer’s capacity as well.

Say, you have been involved in an accident of a bus line in a certain state. Remember that there are complexities of city liability and state law that your lawyer need to know before taking on your case. When involved on a medical malpractice case, on the other hand, you have to consider an attorney who has previous experiences in taking on doctors and their lawyers. Why is this important? Well, you have to know if the lawyer is knowledgeable enough to help you gain full advantage of the laws on personal injury.

Based from reliable sources, many people who have been injured in accidents and personal injury cases don’t really know that they can be compensated for their injuries, pain and suffering. They only get to realize this with the help of proper legal help. With legal assistance, their innocence will just make them face medical expenses on their own shoulders. See, this is how important these personal injury lawyers are.]]>

How is divorce different than annulment? As any divorce attorney will explain, annulment voids the supposed marriage. This means there is not marriage to begin with. A voidable marriage occurs when some defect exists in the contractual agreement in which all marriages originate, as defined by a divorce attorney. These include marriages of the underage or the insane, or a marriage procured by fraud. Sexual impotency existing at the time of marriage also gives grounds for annulment according to any divorce attorney.

Divorce, however, recognizes the existence of the marriage and dissolves it on the given grounds, which are contested by the divorce attorney. Grounds for divorce are adultery, unreasonable behavior, or a lengthy time apart. Once the case is file, it is the divorce attorney’s job to confirm the complaint and proceed to the divorce court hearing.

What takes up most of the time of a divorce attorney is the distribution of conjugal property. In “community property” states, the courts recognize both spouses as owning a 50 percent interest in any assets acquired during the marriage (except for items obtained as gifts or inheritance.), which will need to be divided between the two persons and enforced by the divorce attorney. Likewise, debts are the responsibility of both parties. In a divorce action one spouse, usually the wife, may be granted alimony or maintenance payments generally for a limited period of time. Often a court will order the transfer of property, such as the matrimonial home, from one party to the other on divorce; this is particularly common where there are children from the marriage who are of school age. The custody of any children may be awarded to either spouse, with an arrangement made for visiting rights and support of the children by the divorce attorney. At present, joint-custody arrangements are being worked out more and more frequently by divorcing parents rather than in a court and the divorce attorney.

During all of this process, the divorce attorney becomes the legal representative of the husband or wife in court. All meetings or agreements should be made with their divorce attorney present at all times. This lessens the possibility of violence, especially when the grounds of the divorce are adultery. The divorce attorney keeps the parties civilized and help quicken the process even more. The divorce attorney should not be seen as the villain during such procedures because it is their job to work as mediators.

A divorce attorney’s work is not done until the assets and liabilities of both parties have been resolved. This includes overseeing the enforcement of the court’s ruling on the division of assets, visiting rights and custody for the children. With the time spent on each case, a divorce attorney must maintain composure despite his or her views on marriage. There is a possibility that a divorce attorney can lose his or her faith in the institution of marriage after a while.]]>

has analyzed the results of a 40-years research project during which he interviewed about 33,000 people.

In 1960 researchers started to ask Americans from all over the country, on a no-name’s basis, questions about their private lives, including their attitude toward money. Zagorsky found that many men had disagreements with their own wives concerning money.

It was discovered that money was the most popular occasion for family quarrels and divorce. This is because husbands and wives have different representations about the family income and the income of each spouse.

Husbands can exaggerate incomes, and to wives their debts. Thus, their spouses think that they make less than they say they do. Husbands and wives have different concepts of each other’s financial worlds>.]]>

A person does not need a lawyer for these forms, although s/he may still bring one to the hearing. The filing fees still must be paid: $80.00 for a motion to change custody or parenting time (support can be included here), or $40.00 if only support is addressed. If a person is indigent, s/he can ask the court to waive the fee. Depending on the county, this may be done at the Friend of the Court or the Circuit Court.

The forms are available at each Friend of the Court office or may be obtained from the State Court Administrative Office (SCAO), part of the Michigan Supreme Court. The site to download the forms is: http://courts.michigan.gov/scao/courtforms/domesticrelations/drindex.htm

When filing a motion, the courts require the person filing to first ask the other party whether s/he agrees to the change. If both parties agree, a consent order can be entered. No filing fee is required for a consent order; however the court or Friend of the Court may review the order before entry to make sure that it complies with the law.

Some courts may require an investigation by the Friend of the Court before entering an order changing custody or support. During such investigations, the parties have the right to meet with a Friend of the Court representative, but they must be sure to ask (in writing is best).

Finally, the FOC will review a support order every three years if either party requests it. The three year limit refers to requests of one party. These reviews are at no cost. If the Friend of the Court finds that the support amount should be modified (a change of at least $25.00 per month), it will file a motion to change support.

Each Friend of the Court office has a handbook with specific information. The SCAO publishes a model handbook, and it can be obtained at:
http://courts.michigan.gov/scao/resources/publications/manuals/focb/focb_hbk.pdf
The handbook summarizes the friend of the court’s duties and procedures in domestic relations cases, the parties’ rights and responsibilities, and some basic court procedures.

Jonathan Warshay
attywarshay@allvantage.com
www.warshaylawfirm.50megs.com]]>

As we all know, lots of auto accidents happen every day. And the first few days following the incident are the most important in proving your personal injury claim. Why is this so? It is actually because of the fact that during these days, everything that has happened is still fresh in your mind and you can easily document what has happened, the injuries and damages that you’ve endured, and how it affected you financially and physically.

When you really want to prove your auto accident injury claims, you can also go back to the place where the accident has happened together with your auto accident lawyer. You can then take photos of the scene and note anything that may have contributed to the incident. You might also be able to locate a witness in the crime scene during your visit. I must say that these instances make an auto accident lawyer an unfavorable need in the community.

When you need the services of an auto accident lawyer, to find one is pretty much easy by asking for recommendations. Even if you have no idea about an attorney or legal counsel on auto accidents, your friends or co-workers might have someone to recommend to you. You can also look for one through online referral services just by having a quick search on the Internet. You can also try asking for referrals from a lawyer you know because he definitely knows someone who can help you out in your case.

After having a list of auto accident lawyers, set up a meeting with him. Through this, you will be able to get to know the lawyer and in return, he will also be able to evaluate the possibility of your case for a large compensation. You have to feel comfortable with him during this meeting. If you feel the other way round, then you have to look for another one.]]>

When you’ve been injured, you have to get a railroad accident lawyer as soon as possible. You have to keep in mind that your railroad company will do everything to protect their reputation. It also has their own legal experts who will investigate the case and will prove in court that the company has nothing to do with what you’ve endured. For this, you have to act immediately or else, you’re going to experience pain and suffering all by yourself. Through an attorney, you’ll properly determine the right amount of personal injury claim.

In addition, there are several things that you have to consider when you decide to file a railroad accident lawsuit. After the incident, your company will surely offer your company doctor to check your physical condition. As expected, this doctor will protect your company and can come up with bogus medical reports. Therefore, agreeing with this setup is not advisable. If possible, have your own physician conduct medical check-ups on you. This will ensure factual information that you can use as evidences for your case.

Furthermore, you have to know your legal rights first before finally deciding to talk to the railroad’s lawyers. If you don’t know about it, have someone who is knowledgeable on this matter to back you up during the conversation. By doing this, you’ll be able to preserve the amount of compensation that you only deserve. After all, you have to recover the maximum amount of damages that you’ve incurred in the railroad accident.

Indeed, your railroad company has the responsibility to provide a safe working environment and properly-functioning work equipment. And if you’ve been harmed in your workplace due to the fault of your railroad company, don’t think twice to contact a legal specialist who can help you preserve your legal rights. Hiring an experienced railroad accident attorney in this area of law is really critical to your lawsuit.]]>

Let’s think about that. Most people are not willing to risk 10 years salary when they’re in front of the judge, yet those same people are willing to risk that same amount of money, or more, whenever they buy real estate in a foreign country.

What’s the risk? There are plenty.

Not being fully aware of the laws that affect the ownership of real estate for starters. In some cases, you’re not only subject to the laws of real estate ownership which affect any property owner in that country, but there may be special laws which affect only foreign owners as well as local laws which differ from jurisdiction to jurisdiction.

Perhaps you’re not an expert at reading the language that the purchase and sale agreement is written in. Maybe you’ll overlook terms or conditions that would be a deal-breaker if you were aware of their presence.

And then there are all of the considerations which affect any buyer whether they are a foreign national or not. Things like zoning or permitted use laws, neighborhood or condo association by-laws, environmental restrictions, tax issues, and all of the other little gremlins that can pop up and turn a great deal into a great deal of misery.

Those are the kinds of things that a Real Estate lawyer is trained to handle. It’s not good enough to have your family lawyer or corporate lawyer review the deal. If you want an iron-clad real estate purchase and sales agreement which addresses all of the unique and common issues that you face as a real estate buyer in a foreign country, then you need to hire a real estate lawyer who is licensed to practice in that country. Nothing else is “good enough”.

So, if the advantages of hiring a Real Estate lawyer are so obvious, what, if any are the disadvantages of using one for your foreign real estate transactions?

First, a Real Estate lawyer will add cost to the transaction because of his or her fees. While these costs are usually not excessive, they are a consideration.

If you are a seasoned buyer of real estate in a particular country then you may not need a Real Estate lawyer to guide you through the intricacies of property ownership.

Using a Real Estate lawyer may cause the deal to close at a later date due to his or her need to review and revise the purchase and sale agreement.

I’m not really sure, however, if these can be labeled as disadvantages considering the amount of money that you are about to invest in a deal where legal ramifications that pop up later could haunt you for life and drain all of the equity and more out of your foreign property.]]>

A wrongful death lawyer plays an important role in every wrongful accident case. He helps determine if you have a viable claim and make sure that no important deadlines for filing are missed. He deals with complex legal issues involving tort law, probate law, contract law, and insurance law. He ensures that the claim is moving forward at a time when you may need to focus on helping yourself and your family work through the emotional loss. He takes steps to preserve evidence and testimony which might be lost if too much time has passed.

However, you must also know that wrongful deaths are not always caused by individual members of the civilian populace. During these instances, the role of wrongful death lawyers on the prosecutor side is to prove that negligence was the reason for the death currently under discussion. Their role is to represent a defendant and prove that the client was not negligent and didn’t cause the death of the victims involved.

The legal process can truly be intimidating and confusing. A major part of a wrongful death lawyer’s role is to demystify the process for you. He takes the time to explain things in plain English for you to be able to make informed decisions that are in your best interest for the long term. He commits himself in representing and protecting the rights of individuals and families. Most of the wrongful death lawyers around do not represent insurance companies, hospitals or large corporations.

After all, in both cases, the roles of your wrongful death lawyer are still the same. That is, to help you win the wrongful death case that you’ve been a part of. For the people in the prosecution, the focus of your concern must be on getting better – protecting your right to compensation – and getting the compensation and justice you deserve as a survivor of someone who was wrongfully killed. And for those people in the defense, your main concern is to prove that the accused has not been negligent in his actions.]]>