Author: Steven Grant

What is a child custody arrangement?

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In case of parent separation, the child has to stay with one of them. As parents do not agree to live together, the child cannot live with mother and father at the same time. Child care professionals understand that both mother and father have a beneficial impact on the child. It can also be the opposite because one of the parents can impart a detrimental effect on the child’s behavior. It is essential to check all the details and arrange a perfect plan for child custody. In this plan, the professionals finalize the time a child will spend with each of the parents. This plan is called a child custody arrangement. With a perfect arrangement, the child can grow into a perfectly law-abiding citizen.

Types of child custody arrangements

According to different situations, the judges can craft peculiar child custody arrangements. Each of these types is different and finalized based on the situation of the family.

Sole custody

It is an arrangement where the court gives custody of the child to one parent only. If the mother has problems related to addiction or child abuse, the court will grant sole custody to the father. In the case of a female child, the court usually gives sole custody to the mother. The decision of sole custody is dependent on many factors like the criminal record and the clinical history of the parents.

Joint custody

If both parents have a good history, the court may grant joint custody. In the case of joint custody, both parents are going to help in raising the children. It means that the child will stay with one parent for a specific period and move to the other parent’s house after some time. In the case of a female child, the court may grant custody to the mother, and the father can visit weekly to spend some time with the child.

Benefits

There are many benefits of child custody arrangements. If the mother or father wants sole custody, it can be problematic for the child because the child may suffer emotional issues. In some cases, it is essential to give sole custody. If the parents have to decide about child custody, they may not agree on one point. Sometimes, one parent may want to get rid of the responsibility. If the father wants to get rid of a child’s responsibility, the court will make it mandatory for the father to pay the monthly expenses. Without arrangements, it will become impossible for the child to live a healthy life. He may end up in a lonely situation or both parents may try to full the child causing emotional stress. As more couples are selecting the path of separation, highly professional lawyers must handle the child custody arrangements.

Conclusion

We can conclude that child custody arrangements are an essential part of any couple’s separation. When both parents try to get their rights, a child custody arrangement will help get maximum benefits for the child even in the parent’s separation.

Alternatives To Divorce In US

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You may not know it, but there are several ways to get a divorce in the United States, several alternatives on how to move when you’re considering getting one.

These alternatives are the Do-It-Yourself one, the Mediation one, The Collaborative one, and the Litigation one.

So, without further ado, let’s see what each one of these alternatives consists of.

Do-It-Yourself

Being that divorce is one of the most complicated things in this world, this may actually not be the best option.

This to say that to get a divorce, you will need to have a lot of different aspects perfectly figured out: the financial one, the legal one, the ones about the custody of possible children, and the separation of possible properties in common.

The only case in which the Do-It-Yourself option is feasible is the one where the marriage was very brief, hasn’t resulted in the birth of children, there are little to no properties to divide between the two, and the incomes of the two partners are almost the same.

But, even in this case, it’s best to have two attorneys have a look at the documents prepared in a DIY way, before putting actual signatures on them.

Mediation

If you choose this option, what will happen is that you will turn to a neutral mediator who is an expert in family law, to help you and your partner come to the best agreement possible without having to go to court.

Each party will still need to refer to their personal attorney before signing the final documents.

The good that can come from the Mediation option is, of course, the chance of a possible peaceful resolution of the marriage, without the significant distress given by the case going to court, and the possibility to pay significantly less for the whole procedure.

On the other hand, it is possible that, if the mediation fails, all money spent on it will be lost and you and your partner will have to start it all over again in a different way. The mediation can also result in a bad agreement, or in one that doesn’t cover all of the needed legal aspects of the situation and could be, as a consequence, possibly reversed in court in the future.

Collaborative

In the Collaborative divorce case, each partner hires a divorce attorney to help them reach an agreement with the other partner, without having to go to court.

As with the Mediation option, this could result, in the best-case scenario, in a lot less distress for all parties involved, and in less money spent on the procedure.

But, as for the Mediation option, this may also result in nothing, and in expenses paid for nothing. Or, it could result in one of the two partners hiding assets or properties during the procedure in order not to have those involved in the asset division process, making the Collaborative divorce result in an unjust separation of properties.

Litigation

This is the most common option.

While not all Litigation cases end up in court, this can be a threat to be pulled out by the divorce attorneys of the two parties involved when difficulties come up during the agreement-reaching process.

If the case ends up in court, it will be up to the judge to decide about everything, including alimony and children’s custody, and this may not be the best option, given that said judge knows nothing about the couple getting a divorce and their family situation.

In conclusion, if the two parties are collaborative and ready to fully disclose every asset of theirs, then the Mediation or the Collaborative option may be good choices for them.

If not, sadly, the Litigation option may be the only possible one to turn to.

How to Pay A Lawyer?

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Many people think that you need a lawyer only when you want representation before a court. You need a lawyer for more than that; basically, it would be best to have a lawyer anytime you wish to make any significant financial or social decision. This can be purchasing an asset, getting into a business partnership, adopting a child, or getting married. When getting an attorney, you also think about paying them. There exist various payment options depending on the legal representation you need. Here is an in-depth guide on how to pay a lawyer.

Contentious and non-contentious representation

Paying an attorney for their services can be broken down to whether they are offering contentious or non-contentious representation.

Contentious representation is where you need legal services for court hearings

Non-contentious representation is where you need representation in matters where courts are not involved, like a tribunal or financial and social issues

The legal representation you are looking for notwithstanding, you should start by asking the attorney to be clear about the amount of payment they expect for the legal services. If you feel that what they are quoting is beyond your means, you should find another lawyer. You don’t want them suing you for failure to settle your legal bills.

Methods to pay your lawyer

1.   Hourly rate

Hourly rate is one of the most prominent ways to pay a lawyer for either contentious or non-contentious legal advice. The attorney with more experience will charge a higher hourly rate, and they will leverage their expertise to do the work faster. For contentious matters that may take years to complete, paying an hourly rate may not be your best option. This method favors cases that don’t take a long time to conclude.

2.   Flat Fee

You should consider paying your lawyer a flat fee if the legal representation they are about to provide you is a one-time thing. Let’s say you want your will written or presentation when purchasing real estate; pick a flat fee. It may also work for a one-time contentious representation like appearing in court for a misdemeanor traffic violation.

3.   Contingency fee/ Damaged-based agreements

Contingency fee payments are popular for individuals pursuing contentious or non-contentious matters where one expects to receive damage payments or compensation. Here, the lawyer will take a percentage of the settlement as their legal fees. The attorney’s percentage will vary depending on the difficulty of the matter at hand. This option can work for you if you don’t have sufficient money to hire a quality lawyer to pursue your settlement claim case.

4.   Prepaid plans

When you take prepaid plans to pay for a lawyer, you will be paying a certain amount to them monthly or so for the duration of your legal relationship. As a result, whenever you are in a matter that requires legal representation, they will come to your aid. Then, you won’t have to pay them any extra money for the legal services they offer. This option is excellent if you are in a line of work or have a lifestyle where you are bound to need legal representation often.

5.   Retainer

When seeking legal service from an attorney, they may ask you to pay them a retainer. Here, you pay the attorney part of your estimated legal costs before they start working on your matter. The payment is supposed to cover the initial legal expenses of the case and a sign of good faith from you to your lawyer. Deposit the retainer in a separate account to avoid expenditure confusion with the lawyer’s main account.

6.   No win, no fee agreements

As the name suggests, the no win, no fee payment agreement option means that you only get to pay the lawyer if they win the case. Despite this, you will still have to cover the cost of court fees and other minor services related to the legal representation provided. Sometimes, this payment option is utilized alongside damage-based agreements.

Detailed bill vs. summary bill

Your lawyer can send you two bill types once they have offered legal services, a detailed bill, and a summary bill. The former indicates the details of the cost of the legal services, while the latter gives the summed-up costs of the legal services with no details

No matter the kind of payment method you opt for, except maybe for the prepaid plans and flat fee, it’s best to ask your lawyer to send you a detailed bill and not a summary bill. It will help you better understand the quality of legal service you were offered in relation to the cost. Additionally, you can use the detailed bill in your defense if the lawyer sues you for not paying them.

What is the Consumer Rights Act?

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What is the consumer rights act? This is the customer’s rights when buying products or services. These rights protect the consumer in their purchases. The consumer right act was introduced on 1st October 2015. Now the law has been made clear and more understanding. This act helps consumers and sellers trade confidently. In case disputes arise, conflicts can be easily solved thus saving on costs of too many legal processes which include getting a lawyer.

Under the consumer right act, products sold should be of good quality and these products should perform the purposes well as was stated before the consumer bought the products. Sometimes, consumers purchase products, and the sellers convince them to buy that the product because it performs certain functions just because they want the consumer to purchase it. In this consumer rights act, it is properly stated that the consumers can return and demand replacement of the goods.

Products should be fit for use. Goods that are being sold should meet the purpose that the consumer is buying them for. These goods should also meet any specific purposes that the seller promised the consumer it will meet. In case of a situation where the product the consumer bought is not fit for the purpose, the consumer right act has a proper explanation of what happens next. The consumer is entitled to a refund or replacement of the particular product.

Goods and services must match the description that was given to the consumer by the seller, or in situations where there was any kind of sample shown to you, the products you buy should match that sample. This is well stated under the consumer act to avoid conflict between the consumer and the sellers. The consumer right act is a properly written document that guides consumers on issues like this.

Under the consumer right act, it is stated that goods being sold to consumers should not have any kind of faults or damages. These goods and services being sold to a consumer should be able to satisfy the consumers. If goods sold to you are damaged, you as the consumer have the right to return the goods and ask the seller to replace them. Also, the consumer right act states what consumers should do if the digital content bought is faulty.

Some new areas that were introduced include the rights on digital content, which have been put up in the act. It now gives consumers the right to replace and also repair digital content that they find faulty examples like films, games, and music. Earlier on, these laws were not so clear but as of now, changes have been made.

The consumer act has another addition, rules have been made clear on what should happen when a service is not given to you the consumer, with proper and reasonable care or when the person providing this services does not have proper skills. With the consumer right act, customers can read and properly understand what they are entitled to and what they are not entitled to. Always remember you as the consumer have rights that are stated in the consumer rights.

What are privacy laws in the US?

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The misuse or disclosure of information about private individuals is brought about by privacy or data protection laws.

More than 80 countries and territories from around the world have adopted comprehensive data protection laws.

The European Union specifically holds the General Data Protection Regulation (GDPR) in force since May 25, 2018. Aside from this, there isn’t exactly a central federal level privacy law. Instead, there are several vertically-focused federal and consumer-centered privacy laws from the states.

The 16 common privacy provisions are listed below.

The right of access to personal information collected or shared

The right or the ability of individuals to determine what sort of information about themselves is collected and how that information is or will be used.

The right to rectification

The right or the ability of individuals to request for incorrect or outdated personal information be corrected and not deleted.

The right to deletion

The right or the ability of individuals to request the deletion of personal information under certain conditions.

The right to restriction of processing

The right or the ability of individuals to restrict the ability of a business to process his or her personal information.

The right to data portability

The right or the ability of individuals to request personal information be disclosed in a common file format.

The right to opt-out of the sale of personal information

The right or the ability of individuals to opt-out of the sale of personal information to third parties.

The right against solely automated decision making

A prohibition against a business making decisions about an individual without human input but based upon an automated process.

An individual’s private right of action

The right or the ability of individuals to seek civil damages from a business for violations of a statute.

Strict opt-in for the sale of personal information of an individual less than a certain age

A restriction placed on a business to treat individuals under a certain age with an opt-in default for the sale of their personal information.

Notice of transparency requirements

An obligation imposed on a business to provide notice to individuals in matters related to data practices, privacy operations, and/or privacy programs.

Data breach notification

An obligation imposed on a business to notify individuals and/or enforcement authorities about privacy or security breach.

Mandated risk assessment

An obligation imposed on a business to conduct formal risk assessments of privacy and/or security projects and procedures.

Prohibition on discrimination against a consumer for exercising a right

A prohibition against a business that treats individuals who exercise their consumer rights differently than individuals who do not exercise their rights.

Purpose limitation

A GDPR–style restrictive structure which prohibits collection of personal information except for a specific purpose.

Processing limitation

A GDPR-style restrictive structure which prohibits the processing of personal information except for a specific purpose.

Fiduciary duty

An obligation imposed on a business or controller to act in the best interest of an individual and exercise duties of care, loyalty, and confidentiality.

Find out more about US privacy laws here.

7 of the weirdest US laws

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Alabama

According to section 41-60 of Code 1965, it is deemed unlawful to use, sell, or give away stink balls or funk balls as gifts (or anything like it) that intentionally create a bad odor that will discomfort people in contact with it.

Arkansas

In accordance with section 18-54 of Code of Ordinances, it is unlawful to honk your car horn near shops where cold drinks or sandwiches are sold after 9:00 in the evening.

Delaware

Under section 198-23 of Rehoboth Beach Code, it is considered illegal to whisper in a church because it is deemed as a disturbance to the act of peaceful worship.

Alaska

Based on section 04.16.030 of the Alaska Statutes, being drunk in a bar is strictly prohibited. The police are enforcing such a prohibition to tame the state population’s general alcohol problems.

California

Section 9.60.030 of Chico’s Municipal Code holds that building, maintaining, or using a nuclear weapon in Chico, California is illegal. In addition to self-annihilation, there is also a $500-fine for offenders.

Connecticut

A pickle must bounce in order for it to legally be considered a pickle. In a 1948 article concerning the arrest of Pickle packers Sidney Sparer and Moses Dexler for selling pickles unfit for human consumption. This led Connecticut’s Food and Drug Commissioner at the time proclaimed that a real pickle “should bounce” when dropped from the height of one foot.

Georgia

“Finger-lickin” is mandatory in eating chicken in the world’s poultry capital. This came about in a 1961 law added as a publicity stunt in its city code.