Law

Do Grandparents Have a Right to a Court Hearing on Custody?

Published

1 year ago

September 6, 2022

sylvia J

Do Grandparents Have a Right to a Court Hearing on Custody

The bond between grandparents and their grandchildren is no doubt a special one. They can develop an attachment with the kids easily and always yearn to spend time with their grandchildren. However, if their child’s marriage fails, their relationship with their grandchildren could be at risk.

When such an issue arises, grandparents can turn to child custody lawyers to discuss potential child custody. When it comes to potential child custody, there are a lot of gray areas. That is because a lot goes into the process until custody is awarded.

Grandparents seek custody of children for several reasons. More often than not, it is to prioritize the child’s wellbeing. As such, the emotions of both parents and children tend to skyrocket. For example, the root cause could be a divorce or the death of one or both parents.

The judges consider the parents’ rights and the child’s well-being. They also weigh the grandparents’ rights over their desires.

It is the responsibility of the parents to set up plans that cater to their children’s future in case of unforeseen events. A great option is to come up with a carefully tailored estate plan guided by Fresno’s estate planning attorneys and designate a suitable guardian for the children. That way, they keep their children going and away from public child services.

Grandparents’ Rights to Custody

Grandparents may have the right to custody, depending on the situation. Grandparents’ rights vary from state to state. All states allow grandparents to apply for visitation with their grandchild. Note that some states allow grandparents to apply for full custody.

As a grandparent, you must understand your state’s laws about custody. Note that some are permissive while others are restrictive.

How to Get Custody as a Grandparent?

Grandparents do not have automatic custody rights to their grandchild. There are specific processes they must follow. Below are some things you need to do as a grandparent seeking custody:

1. File a Petition Through Child Support Lawyers

Contact a child custody lawyer to help you file a petition. This is important because grandparents must ask the court for custody rights first.

You need professional help to convince the judges to give you custody. Sometimes a family law lawyer can help you in such cases. The lawyer will ensure that you fulfill all the factors the court considers.

Moving to the next part, which are the key factors that determine a grandparents’ custody of a child?

Getting custody of your grandchild depends on several factors, including where you live. Some states consider the following situations before granting a grandparent custody:

The death of either one or both of the parents of the child. If one parent is alive, you must prove they are unfit to care for the child.
The parents must be unfit. This situation could include mental illness, alcohol, or drug addiction. It could also be that the parent has involvement with crime. If the child is sick or facing neglect or abuse, the court can permit custody.
The parents are no longer together and do not want custody of the child.
Suppose an investigation by child services says that the child is not safe with the parents. In this case, the grandparents will get custody to keep the child safe until the parents can.
The grandchild is already living with the grandparent when the situation occurs. For instance, if a single parent goes to prison.
The grandchild is old enough to tell a judge they want to live with their grandparents.
A single mother is still young. In such situations, the court can grant joint custody to a young mother and a grandparent. This is until the mother is old enough to care for the child.

Note that in all these situations, the parent(s) have to agree that the grandparents take custody. Without their consent, the court cannot grant custody. Then, the court will consider their estate and decide if both parents are dead.

2. Provide Evidence of a Child-Grandparent Relationship

The grandparents must provide proof from a therapist that they share a bond with the child. If possible, they should provide photographic evidence, like family pictures. Sometimes, you will also need a medical report that proves the relationship.

3. Wait For the Court’s Decision

Note that the court will decide whether or not to grant you custody on its own. This means that it does not always involve the parents of the child. Whatever decision the court takes depends on the several factors stated above.

When Will the Court Deny Grandparents Custody of a Child?

The court could deny you custody for several reasons. Sometimes, the reasons will have nothing to do with the above scenarios. Some of them include:

Suppose the grandparents are unable to drive. This means they would have trouble taking the child to activities, the doctor, etc.
Suppose the location of the grandparents’ home is not favorable. This is because a judge will most likely choose a place closer to school.
Suppose the grandparent is not in good health. For the sake of both the grandparent and the child, the court may deny a sick grandparent custody. This is to help avoid stressing the grandparent and to ensure care for the child.
Suppose the grandparents cannot prove that the child is safe with them. Taking a child from an unfavorable situation into another will make no sense. This means that the grandparents must be able to provide adequate safety for the child.
Suppose the child’s family is intact. It is not common for a grandparent to request custody even when there is no problem with the parents. It may seem unnecessary and suspicious; thus, the court will deny custody.

What are Visitation Rights?

These are rights that allow grandparents to spend time with their grandchildren. The court may instruct the parent(s) of the child to let the grandparents visit at particular times.

If the court denies a grandparent custody, they might still get visitation rights. Your child custody lawyer can help file for this. It is easier to apply for visitation rights, but they do not often approve it.

Can Parents Regain Custody?

Yes, parents can regain custody of their children when they are in the right place. This means when the parent has gone through therapy, quit drugs, left prison, etc.

If parents petition the court, they can regain custody even if there is a court order. In most cases, parents have visitation rights while the child’s grandparents have custody. They can visit their child while they receive treatment or get back on their feet.

Conclusion

As grandparents who want custody over their grandchild, filing a petition in court is the best option. The process has no crooks, and the child’s interest remains the top priority. Your grandparents’ rights lawyer can help you get visitation orders if you do not receive custody. Ensure that you meet all the requirements before filing a petition. This will help you succeed.

Law

Tips for Working With Your DWI Attorney

Published

2 weeks ago

November 14, 2023

sylvia J

If you are facing a DWI charge, it is important to hire a skilled and competent lawyer to safeguard your rights and assist you through the entire process. Equally important is understanding how to effectively work with your attorney to get the best possible outcome. In this article, we will discuss various ways to foster a good working relationship with your lawyer and explore some key roles and responsibilities of a DWI lawyer.

Understanding What a DWI Attorney Does

Facing a DWI charge can be incredibly daunting. An experienced DWI attorney Austin Texas uses their knowledge of the law to defend you against such charges. They guide you through the legal process, working vigorously to challenge the prosecution’s evidence.

Furthermore, a DWI lawyer will explain your options, court procedures, and potential outcomes of your case. This helps you make informed decisions throughout your case.

It’s also important to note that a DWI lawyer is your advocate and is bound by the rules of professional conduct to act in your best interests.

Finally, in addition to representation in court, a DWI attorney might negotiate a plea deal with the prosecutor on your behalf or help you apply for alternative sentencing options where possible.

The Importance of Clear Communication With Your Attorney

Open communication is the foundation of a great working relationship with your attorney. You need to discuss your case openly and honestly with your lawyer to ensure they fully understand your situation.

Necessarily, an accomplished attorney will take time to explain all the complexities of your case and the legal terms involved. This helps you comprehend the gravity of your case and thus, make sound decisions.

Your attorney should also be readily available to address your concerns at any juncture. They should be responsive and empathic while guiding you through this emotional ordeal.

To facilitate optimal communication, it’s advisable to write down all your questions or concerns ahead of your meetings. This ensures you don’t miss any crucial details.

Gathering and Sharing Relevant Information

Your DWI attorney needs all the relevant information pertaining to your case to mount a robust defense. This includes police reports, eyewitness accounts, and any other details surrounding your apprehension.

You should also inform your lawyer about your previous criminal history if any, as this may affect your sentencing or the prosecutor’s willingness to negotiate a plea deal.

In addition, it’s also essential to tell your lawyer about any other concurrent legal issues, such as divorce or child custody battles. These can greatly complicate your DWI case and should be addressed as part of a comprehensive legal approach.

Remember, any information you share with your attorney is confidential and solely used to help your case.

The Role of Honesty in DWI Cases

Honesty is crucial when working with your DWI attorney. Your lawyer’s ability to defend you effectively is contingent on the accuracy and completeness of the information you provide.

If you withhold information from your lawyer, it may suddenly surface in court and weaken your defense. Therefore, being forthright with your lawyer might be the first step towards a successful outcome.

Besides, an attorney can only counsel you correctly, knowing the whole truth. This does not mean they endorse or approve your actions; rather, they are better positioned to protect your interests.

Recall that all the information you relay to your attorney is kept confidential under the attorney-client privilege. Consequently, you should feel comfortable discussing all aspects of your case with your lawyer.

Overall, a good working relationship with your DWI attorney is significant to your case’s success. Clear communication, honesty, and active participation in your defense enhance this relationship. Remember, your attorney is your advocate and collaborator. Working together efficiently can help you navigate the complex legal process with relative ease and confidence.

Law

Lerner & Weiss: Your Trusted Partner in Los Angeles Business Law

Published

1 month ago

October 27, 2023

sylvia J

Legal disputes in business are quite commonplace. Whether you have well-defined relationships or thoroughly drafted contracts, as a business owner, you are likely to encounter a dispute at some point during your business’s life cycle.

Depending on its complexity and the relationship between the disputing parties, a dispute may either be easily fixed, be negotiated after lengthy meetings, or even end up in the courtroom.

Whatever the complexity and nature of the dispute, the lawyers at Lerner & Weiss are equipped to deal with your business law queries. A full-service business law firm in Los Angeles, the firm was founded in 1980, and since then, it has assisted thousands of individuals and businesses in resolving issues related to Los Angeles business law. It’s led by Leonard Lerner and Michael Weiss.

Lerner is a skilled litigator who has seen countless successful courtroom days throughout a practice spanning more than four decades. Weiss, a powerful negotiator, has a reputation for relentlessly advocating for his clients’ interests.

What sets Lerner & Weiss apart from their competition is the firm’s spirit of collaboration.

The firm’s lawyers are experienced and knowledgeable about the unique issues in Los Angeles business law and the challenges faced by the local business community. They leverage this insight to craft the best business solutions and legal strategies. Some of the matters that they have developed expertise in are listed below.

Business Formations, Contracts, & Operations

Lerner & Weiss supports businesses at every stage, from formation to dissolution. When forming a business, it’s vital to have the right structure in place, as that will have wide-ranging legal, financial, and tax implications. Based on your needs, the firm’s lawyers will propose the best business structure for your company. Some of the most common business structures are sole proprietorships, general partnerships, limited liability partnerships (LLPs), joint ventures, C-corps, and S-corps. When their client is purchasing a new business, the lawyers at Lerner & Weiss expertly conduct due diligence to eliminate future surprises.

Breach of Contract

Contracts are part and parcel of carrying out business and are often used to clearly define the legal relationship between two parties. Disputes arise when parties differ in their interpretation of obligations or when one party has breached the contract’s terms. The legal team drafts clear and strong contracts that prevent problems related to interpretation. Should a contractual dispute occur, the firm’s lawyers strive to resolve it amicably, pursuing legal action when necessary.

Commercial Receivables Management Services

A crucial part of business is being able to collect your receivables on time. Outstanding debts, when not collected promptly, can create financial hardship, making it difficult for the business to sustain itself. Lerner & Weiss offers a commercial receivable management service to its clients. This service allows clients to focus on their business while the legal team utilizes all the legal methods at their disposal to recover receivables owed to the clients.

Partnership & Shareholder Disputes

As mentioned above, conducting business carries with it an inherent risk of a dispute. If you have a partnership or shareholder dispute, the legal team can help you navigate it with certainty and avoid costly litigation. However, should litigation be necessary, the team will leverage their combined experience of 60 years to formulate effective litigation strategies that ensure the best possible outcome for their clients.

If you are a business owner who has a query about Los Angeles business law, please contact the law offices of Lerner & Weiss. Their lawyers will be happy to speak to you and to assist you in achieving your business goals.

Law

6 Common Types of Personal Injury Cases

Published

1 month ago

October 24, 2023

sylvia J

Accidents happen, and when they do, they can lead to a wide range of personal injuries. These injuries can be physically and emotionally distressing, causing pain and suffering that can last a lifetime. In such cases, it’s essential to understand your rights and options, which often involve seeking legal help from a personal injury attorney. In this article, you will be able to find information on the six most common types of personal injury cases, shedding light on the situations where you might need the expertise of a personal injury attorney.

1. Car Accidents

Car accidents are among the most prevalent causes of personal injury cases. From minor fender benders to severe collisions, they can result in various injuries, such as whiplash, broken bones, or traumatic brain injuries, which need to be addressed. In cases where the accident was caused by another driver’s negligence, an experienced personal injury attorney in Atlanta or near you can help you pursue compensation for medical bills, lost wages, and pain and suffering on your behalf. This can help you financially while dealing with any aftermath of the accident.

2. Slip and Fall Accidents

Slip and fall accidents can occur in various settings, including stores, restaurants, or even private residences. Property owners have a legal duty to maintain safe conditions for visitors. If you slip and fall due to a hazardous condition on someone else’s property, such as a wet floor or uneven pavement, you may be eligible for compensation from that property owner. A personal injury attorney can assist you in establishing liability and seeking damages for your injuries and assist you with any court proceedings that might arise.

3. Medical Malpractice

Medical professionals are expected to provide a standard of care when treating patients. However, medical malpractice can occur when doctors, nurses, or healthcare facilities fail to meet this standard, resulting in harm to patients. Cases of medical malpractice can involve surgical errors, misdiagnoses, medication errors, or birth injuries. A personal injury attorney can help you navigate the complexities of medical malpractice claims and seek justice for your suffering. Medical malpractice suits can be a lengthy process though. Therefore, having counsel in your corner can help you through this giving you a better outcome on your case.

4. Product Liability

When a defective or dangerous product causes injuries, the manufacturer or distributor may be held liable for damages. Product liability cases can include everything from faulty car parts and contaminated food products to defective medical devices. Personal injury attorneys can assist you in identifying responsible parties and pursuing compensation for the harm caused by a defective product being your advocate and fighting for you.

5. Dog Bites

Dog bites can lead to severe physical and emotional injuries, especially if the victim is a child. In many cases, the dog owner is legally responsible for the actions of their pet. An attorney experienced in personal injury cases can help you determine liability and seek compensation for medical expenses, pain, and suffering resulting from a dog bite. These cases can be tricky to a degree, but that is why these attorneys are important to make sure you have a case.

6. Workplace Accidents

Workplace accidents are common, and they can result in a wide range of injuries, from minor cuts and bruises to catastrophic injuries. In Georgia, workers’ compensation laws provide benefits to employees injured on the job. However, there are situations where a third party, such as a negligent subcontractor or equipment manufacturer, may also be liable for your injuries. In such cases, a personal injury attorney can help you explore all available avenues for compensation rather than merely relying on workers’ compensation benefits.

Insights and Takeaways

Personal injury cases encompass a wide array of situations, each with its unique set of challenges and complexities. If you’ve suffered an injury due to someone else’s negligence or wrongdoing, it’s crucial to consult with a qualified personal injury attorney to protect your rights and pursue the compensation you deserve. Whether you’ve been injured in a car accident, a slip and fall incident, due to medical malpractice, a defective product, a dog bite, or a workplace accident, legal assistance can make a significant difference in your ability to recover physically, emotionally, and financially from the ordeal.