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

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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:

How to Get Custody as a Grandparent

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.

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3 of the United States’ Largest Product Liability Cases Explained

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3 of the United States’ Largest Product Liability Cases Explained

The US has been host to many extremely high-profile product liability cases over the last ten decades. These cases often involved thousands of people being irreversibly damaged, or killed, due to a manufacturer’s negligent behavior. Victims continue to struggle in their fights against giant corporations that would knowingly harm them to make a quick buck. Here are just three of the largest product liability cases that have been filed in the United States:

1. Building Material Toxic Exposure (Owens Corning)

For decades, Owens Corning was perhaps America’s largest manufacturer of asbestos products. This house-warming material is crucial for keeping people safe in the winter, but when manufactured or advertised incorrectly, it can lead people to dangerous exposure to the toxic product. In the modern day, we now know for a fact that continuous asbestos exposure can drastically increase the chances of a person developing mesothelioma cancer (which very frequently leads to death). If you or a loved one have developed mesothelioma or another serious illness due to asbestos exposure, you can contact a product liability lawyer to help you file a suit against the responsible asbestos manufacturer.

In 1998, a high-profile product liability claim was made against Owens Corning claiming that they knew their product was causing major illnesses in thousands upon thousands of customers, and that the company was attempting to suppress information about the dangers of asbestos. The massive, history-making lawsuit ended up growing to include over 237,000 plaintiffs, and Owens Corning lost the case. Unfortunately, the company skirted most of the damages and responsibility by filing for bankruptcy.

2. Defective Automobile Parts (General Motors)

General Motors was once, and is still, one of America’s largest auto manufacturers. Not only do they make full-on vehicles, but they produce parts for a wide range of auto products throughout the US and the world. When auto manufacturers put profits over people, they will knowingly put defective or dangerous products onto the public marketplace, and this is just what General Motors did for many decades. This led to several of the largest product liability cases in United States history being filed against the motor giant.

One of the most infamous of these cases occurred in 1999 when General Motors had a product liability claim filed against them for allegedly releasing a 1979 Chevrolet Malibu vehicle with a knowingly-faulty gas tank. These faulty gas tanks resulted in tank explosions in many vehicles that were struck in the rear. The family of six victims that were severely and irreversibly burned in one of these explosions brought legal action against the motor giant and sought $4.9 million in damages. Thankfully, the victims successfully showcased that GM avoided publicly addressing or correcting the defective products simply because they did not want the oversight to affect their bottom line. It’s unknown just how many lives were taken or irreversibly damaged due to the company’s negligence.

3. Cancerous, Addictive Tobacco Products (Philip Morris)

Perhaps the most well-known lawsuits against major corporations in American history have been filed against tobacco giants. Because such a massive portion of the American populace is advertised tobacco products every day, and so many of them get addictive, product liability claims against tobacco product manufacturers can lead to absolutely gigantic class-action and individual civil cases. Philip Morris is not only the most well-known tobacco company but also the company that had the largest tobacco-related product liability case filed against them in the history of the United States.

Back in 2002, Philip Morris faced serious accusations of product liability in a filing made by a woman who developed lung cancer after smoking Philip Morris’ tobacco products for decades. The case proved that, in the eyes of the law, her tobacco addiction and the illnesses that it caused were the fault of Philip Morris’ negligent communication about the dangers tobacco presented to its users. In a record-shattering settlement, Philip Morris was ordered to pay the woman $28 billion (as well as an additional $850,000 in compensatory damages). That being said, Philip Morris did appeal the case, and after nine years of appeal hearings, the amount was dramatically reduced to only $28 million. Many still see this reduction in the settlement as a slap in the face to Philip Morris’ many victims.

High-Profile Product Liability Cases Remain a Harsh Reality in the US

Unfortunately, many massive companies and manufacturers continue to put profits over people, often believing that they are above the law. Each person who successfully files a case against a negligent manufacturer is doing their part to reign in the destructive actions of these despicable corporations.

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Why Do the Majority of Car Accidents Take Place in Residential Areas?

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One of the biggest killers in America is traffic. Road conditions, driving habits, and traffic volumes contribute to car accidents. These dangers are especially prevalent in residential neighborhoods. In fact, about half of all car accidents that happen in the country take place within a mile of home. This phenomenon is known as the “car crash suburbanization” effect, and it plays a significant role in why so many incidents happen where they do. According to the National Highway Traffic Safety Administration, the percentage of car accidents that happen close to homes is more than 1 in 4. In urban areas, this number can be even higher. This is because drivers are more likely to speed or drive distractedly when they know they are close to their homes.

Let’s explore further what causes car crashes in residential areas and how you can stay safer from these dangers. 

Distracted Driving

The dangers of distracted driving are well-documented. After all, as we discussed above, they make up one-half of all car accidents that happen in the country. This is because distractions like phone use, texting, and eating are common while behind the wheel. 79% of drivers admit to regularly engaging in some form of distracted driving. People are often distracted when they reach their home street, leading to car accidents in residential areas.

Speed and Unsafe Lane Changes

In many cases, excessive speed is also a critical factor in causing car crashes. This is especially true when driving too fast in adverse road conditions. In terms of car accidents outside of residential areas, this issue often occurs in rural areas that lack traffic control. Excess speed also leads to unsafe lane changes. This is due to your decreased reaction time while driving. It’s easy to make a careless lane change when you’re in a hurry or simply not paying attention to the road. This is a significant cause of car accidents in residential areas.

Road Conditions and Weather

Bad road conditions and wet weather are also common factors in car accidents in residential areas. These two factors can cause dangerous car accidents anywhere, not just the residential area. Poor road conditions, for example, can lead to tire blowouts, which endangers you and other people on the road. Wet weather also plays a role in car crashes in residential areas due to the increased risk of hydroplaning. This happens when the tires are not sufficiently hydrophobic to keep them from sliding on wet roads. Bad weather conditions, like heavy rain or black ice, are the leading cause of car accidents in residential areas.

Bad Traffic Behavior

Finally, you should be aware that bad traffic behavior, like aggressive driving and excessive speeding, is also a significant cause of car accidents in residential areas. This is especially true when driving outside of your typical driving patterns.

As you can see, many potential causes of car accidents exist in residential areas. With this in mind, it’s vital to be aware of the dangers and practice defensive driving. This can help you stay safer on the road and limit the likelihood of being involved in a car crash.

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Why Work With Legal Recruiters and How To Find the Best Ones

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Why Work With Legal Recruiters and How To Find the Best Ones

Legal recruiters are an invaluable resource for attorneys, paralegals, and legal assistants. They have the expertise to assist you in finding the right job or the perfect candidate for an open position.

Their industry knowledge can help you find a position to make the most of your skills and experience. Additionally, their connections can get you in front of hiring managers who might have yet to hear of you.

Why work with a legal recruiter?

Working with a legal recruiter offers many benefits if you’re a law firm or organization looking for top-notch candidates. The same is true if you’re a lawyer wanting to be part of a company’s legal team.

Advantages to the Job Hirer

Legal professionals are in high demand, and finding top-tier applicants suited to your company’s needs can be challenging. You need to find the right person fast to move your business forward. However, there’s so much competition for these positions that it could be an uphill battle.

Luckily, there is a solution: hiring with the assistance of a legal recruiter. With this, you’ll be able to focus on your business matters most. You can do this while still getting the best possible candidates. You’ll get access to experienced recruiters helping companies like yours find the perfect fit for their open positions.

Advantages to the Job Searcher

If you are a job searcher, you may need help figuring out where to start looking for new opportunities. You may know what kind of work you’d like to do. However, you may need to find exactly what type of firm or company is suitable for you.

You may need clarifications about the area of the legal profession you want to specialize in. You might also require some ideas on what would be best for your career.

Working with a legal recruiter can help take some guesswork out of this process. You will also have more control over your career path.

How To Find the Best Legal Recruiters

Finding the best legal recruiters can take time and effort, as many options are available. If you’re thinking about working with one, there are several things to remember.

Reach Out to Different Recruiters

You can reach out to different recruiters by using LinkedIn or other social media platforms. You can also ask your colleagues if they know any excellent legal recruiters.

It’s essential to check their credentials before you hire them. You can check their website and look at their testimonials from previous clients. You should consider them one of your top choices if they have many positive reviews.

Go for recruiters who listen intently to your needs, goals, and vision. Ensure that you’re on the same page to avoid misunderstandings and hiring issues along the way.

Consider Local Legal Recruiters

Local recruiters have a strong understanding of the local market. If you’re hiring, they can help you find the best candidates who can better serve your target market. A local lawyer recruiter will be able to tailor their search to your specific location and needs.

Local legal recruiters can also offer more personalized service than larger firms. They have easier access to a wealth of information about the law firm or company you’re interested in working for.

Request for References

Legal recruiters work with people and maintain various relationships. When you ask them for references, you’ll want to know more than just names and numbers.

Ask for clients who have recently worked with your potential recruiting partner. Call those people directly and ask about their experience working with the recruiter.

You’ll also want to talk to the recruiters about the process of finding candidates. Ask them about the length of time it took them to find candidates or whether they were successful in hiring.

Find What You Need With the Help of Legal Recruiters

Working with legal recruiters can save job seekers and hiring law firms time, money, and effort. These recruitment firms have qualified human resources who can fill positions in the hiring organizations.

Apart from that, these firms understand the local market. They know where to search for candidates to fill their applicant pool. With them, you’ll make hiring and selection decisions easier.

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