Divorce Lawyer: Legal Arguments on the Health of Each Parent for Child Custody

Louisiana courts, and in particular the family courts that a divorce lawyer often practices in, typically use the Louisiana Civil Code article 134 in making child custody decisions. Article 134 has twelve sections, or "factors" that a court can and perhaps should consider when awarding child custody in a particular case. One of these factors is section (7), which tasks the court with evaluating "the mental and physical health of each parent."

To some people it might seem pretty obvious that there can be situations wherein one parent is simply unable to care for the child because of a serious physical ailment. For example, let us say that six months before the custody battle between two parents takes place, one parent is involved in a very bad car accident. The accident resulted in the parent losing all mobility and motor function in their limbs. A divorce lawyer would still of course represent that parent's right to see their child, but they would also likely consider heavily the fact that that parent may not be equipped to be the custodial parent. This possibility becomes even more great if the child at issue is of a particularly young age; one that would require a parent to have at least some degree of physical mobility to adequately care for the child.

That said, a parent who is confined to wheelchair will not necessarily lose a custody dispute for their child. A divorce lawyer will take into account the disability, but there are thousands of handicapped people who are more than capable of providing adequate support for their child.

The health of the parent can also be an issue in a custody dispute from a mental standpoint. Sometimes, this can be an even more foggy area of inquiry for a court. Take for example a parent who has been diagnosed with clinical depression. Does this mean it is impossible for them to become the custodial parent? A divorce lawyer will consider all relevant facts; and depression in and of itself may not bar the possibility of being the custodial parent so long as that parent can put up other evidence showing their mental fitness.

There are other mental health issues which may defeat a parent's desire to be the custodial parent however. Take for example an older parent, who is suffering from the middle stages of Alzheimer's disease. Let's say that they routinely forget simple tasks and responsibilities, and their doing so highly calls into question their ability to care for a child. In this case, a court may consider the mental illness determinative in awarding custody.

It is importantly to be completely candid and truthful when appearing before any Louisiana family court. If a parent does have a mental or physical affliction, they should be up front about it. While it does not always preclude the possibility of them being awarded custody, they should be sure to develop and bring forth other evidence to present to the court showing that indeed they are nonetheless fit to parent their child in a responsible way.

This article is written with the sole intention of providing information. It is not legal advice. Will Beaumont is a divorce lawyer in New Orleans, LA.

Finding A Personal Injury Lawyer - Legal Organizations And Internet Services

In order to find a good personal injury lawyer, you can take the referral from an attorney you trust, from your friends or from a health professional.

Among other sources are the referral services and the membership organizations. You can also go through the yellow pages and the information provided on-line.

Referral Services and State Bar Organizations

The state bar organizations are there to offer referral services in order to help people find attorneys who can deal with their respective cases. The disadvantage of this service is that any member of the organization is entitled to list with its referral service and thus, you can never be sure just from the referral that the lawyer refereed to you is truly a qualified one!

Besides, there are many other specialty organizations that online directories which can help you find a lawyer qualified to deal with your case. The 'Association of Trial Lawyers of America' (ATLA) is one such organization. The advantage is that a number of lawyers having significant experience in the field of personal injury laws are members of ATLA.

However, before hiring any lawyer who is a member of such legal organizations, it is advisable to gather genuine information about him or her. This is because membership fee is all it takes to become a member of such organizations.

Internet Lawyer Directories

You will find a number of commercial on-line directories that claim to screen and list only highly qualified attorneys. However, do not get carried away by the attractive offers and promises made in these directories. This is because most of these are not genuine.

These on-line directories are highly commercialized and so, have a tendency to list any personal injury lawyer who manages to pay the required fee!

You will also come across a number of websites on the Internet that claims to be informational but actually are either not genuine or are owned by the law firms. Therefore, be wary of "injury information" websites that do not make obvious the identity of its sponsor.

What Stages Should a Lawyer Go Through When Advising You?

Once a lawyer has obtained all the facts from the and they know what kind is expecting you can usually expect that there will be some form of advice. Sometimes a device may be the need to obtain more information or research further before answering some of the legal problems. A lawyer will usually give an analysis of the client's problem and an appropriate conclusion, for example with the contact details. There will usually be legal in the legal aspects to the advice of the problem and it is always good to keep in mind that the more information lawyer has about a problem the more likely that their advice to you is going to be accurate. In need to find a lawyer who has sufficient knowledge of the area of law concerned to make a good determination for you with appropriate advice. Always also try to get options from the lawyer both legal and nonlegal and an action plan defining both you and your clients role and what you are expecting a client to.

Some of the obvious points also include costs and fees which are usually a big part of expectations of person as well is the recording of interviews and the confirmation of legal advice in written form. One of the issues that can come up when being interviewed by lawyer other problems that may arise in interviewing across non-English speaking backgrounds. Interviewing through an interpreter can have its own range of unique problems that need to be addressed in order to effectively communicate between lawyer and client. There are a range of different interpreters who are either professional, in-house interpreters, family interpreters or government services. Each different role may be able to offer different skills and abilities in a given situation. However, if you need an interpreter in a client interview with a lawyer is essential to ask for one.

10 Tips to Finding a Great Personal Injury Lawyer

Unfortunately at some point in your life you or someone you love may be involved in an accident causing injury. During this time you may be in need of a Personal Injury Lawyer to help you launch a personal injury claim.

There are many injuries that you are legally allowed to receive compensation for and navigating the insurance companies and legal system requires good professional help.

Hiring a knowledgeable attorney is the most important step in this process. Choosing between a mediocre Personal Injury Lawyer and a great Personal Injury Lawyer could mean choosing between a small settlement (or no settlement) and a large payout. It is very important to be thorough in your search (even when time is of the essence).

How do you find a great Personal Injury Lawyer?

  1. Start looking for an attorney right away. Don't wait until your injuries are healed before taking legal action. If you are immobilized or too sick after your accident, have a family member or close friend do the work for you. For many personal injury cases there are specific time limits in which to file a claim and if you wait too long even a legitimate case can be quashed by the statute of limitation law. It also helps the lawyer to be able to build a case right from the beginning.
  2. Look for an attorney that specializes in the area of your injury.
    • Did a dog bite/maul you?
    • Were you in a car accident?
    • Did you slip and fall?
    • Is it a medical case?
    • Was it a drunk driving accident?
    There are many different areas of case law and injuries to deal with. You want the Personal Injury Lawyer who is the most knowledgeable in regards to your injury type.
  3. Once you have the names of lawyers who specialize in your particular injury make sure to visit each one's website. Research their biographical information. Find out how many cases they have won and what the settlements were in those cases.
  4. Look for lawyers in your local area. They will have a better understanding of the law as it applies in your State or Province. If the accident occurred away from home then a local lawyer will be able to help you file your compensation claim correctly and you hire and attorney from there.
  5. Sit down face-to-face with all of your prospective Personal Injury Lawyers. This person will be representing you in court and sometimes in meetings with insurance companies. You need to feel confident in their abilities and have a personal rapport for the case to be as successful as possible. Reputable attorneys will give you a free consultation appointment.
  6. Find an attorney who will do the work on a contingency fee basis. This means they don't get paid unless you do. The legal fees will be taken out of your final settlement.
  7. Hire a lawyer who is well respected by their peers. In Canada and the U.S. this means a good Martindale-Hubbell rating.
  8. Avoid ambulance chasers. These lawyers are all about small claim volume rather than solid, time consuming casework.
  9. Experience counts. Find out how many cases your potential attorney has handled.

  • How many did they settle?
  • How many went to court?
  • How many did they win/lose?

  • Be totally honest with the attorney about the details of your case so they can evaluate what kind of claim you might be entitled to.
  • Your Personal Injury Lawyer is your best advocate so make sure to find the right one.

    Find a Cheap Lawyer?

    What do Santa Claus, the Easter Bunny and cheap lawyers have in common? A dumb question to be sure, as there is no Santa Claus, Easter Bunny or cheap lawyers; however if you have a legal problem and you need to get it fixed, there are some alternatives to consider before you give a lawyer a retainer.

    Paralegals

    When talking to a paralegal they cannot give you specific legal advise, but they can talk to you in general terms, and you might be surprised at some of the solutions they might suggest that you as a lay person might not even be aware are available, like talking to the Small Business Administration if you have problems with your business. SBA offices will often times have retired lawyers that they can refer you to get free advise. SBA offices usually have libraries with lots of reference tools that you can use.

    Legal Forms Online

    One resource that you might consider is Nolo.com which provides many legal forms that you can fill out yourself; many times if the item under consideration is straightforward this can be a simple and easy solution. They also provide articles, many are very topical such as using bankruptcy to avoid or forestall foreclosure of your home. They also have forms for simple wills and simple incorporations.

    Mediators

    Many times both parties would if possible like to avoid going to court and a mediator might be a solution that works for your circumstances. Divorces in particular using this strategy might save you thousands of dollars, which in this taxing emotional period not introducing or enlarging existing money problems can make a bad situation, a little more bearable.

    There is always going to be a need for lawyers and figuring out when is always going to be tricky. Many lawyers will answer some questions for you for free to see if you do need there services, others might charge a small consultation fee. If you do need a lawyer, looking for a cheap one might actually cost you more money in the long run!

    This is not legal advice and should not be acted on as legal advice. This is general information for you to consider. If you have legal question get legal help from a licensed attorney or paralegal.

    Managing the Business Lawyer

    Every company needs legal advice from time to time. Most managers are unsure about the management of the relationship with a business lawyer. Here are some hints from someone who spent over thirty years practicing law.

    Lawyers generally get paid by the hour and respond to requests. They will initially respond as requested but may want to do more. This places a burden on the client to handle the relationship in a thoughtful and structured way.

    There are certain issues on which you will need legal guidance. You may not know what all these issues are and you will have to receive objective advice on what needs a legal review. Nonetheless, you should control the relationship. The lawyer needs to identify to you the information you need to know to make your business decision according to your values and business acumen. Lawyers are paid to advise, but beware of the lawyer who gives business advice not legal advice. Lawyers advising you should not be telling you what decision to make, but informing you of the consequences that will occur depending on your decision. Therefore, it is misleading and unwise to ask a lawyer for specific legal advice and then ask for general business advice.

    It is reasonable for you to expect that the lawyer is familiar with the area of law in which you have an inquiry and will not be charging you for research that is essentially basic information about the topic that an experienced lawyer should know.

    You should have a written fee agreement with the lawyer. You should understand the fees and costs associated with what you are asking before the service is performed, and if there is a change the lawyer should give you notice of that change immediately. You should be billed promptly and accurately for services with no surprises. Any question about the billing should be met with courtesy and efficiency. Do not let something that bothers you go without some communication to the lawyer.

    You should expect the lawyer to be accessible by responding to your communications quickly and by having time to discuss important matters with you. It will be less expensive for you if your lawyer is familiar with your business and the concerns it generates. Rejoice if a lawyer you are dealing with wants to know more about your business without charging you for that time.

    There is nothing wrong with dealing with more than one lawyer, each with expertise in different areas. This will help you create a thoughtful structure for receiving legal advice and understand what you like and do not like about the various relationships.

    It is incumbent upon you to effectively manage your relationships with legal advisors. If the lawyer is not responding to your reasonable instructions, use a different lawyer.

    Tips in Choosing A Family Lawyer

    If you are in need of a family lawyer, then the options can get to you as there are so many choices available. If you are located in a big city, all the more it can be challenging to choose as there are so many lawyers that can be found on local phone books and online. However, choosing for the right lawyer for your family can be simplified and you can start with the following tips:

    • Ask for referrals. If you are dealing with a sensitive matter, this could be quite challenging. Ask for friends or colleagues who may know of a reliable lawyer in your area that could help you handle the matter professionally. It would also be worth it if you would ask a number of lawyers to see who you are comfortable with. Find a lawyer that you would feel comfortable sharing sensitive yet pertinent details with that are related to the case.

    • Consider law disparity. One thing that you should remember is that laws differ from one state to another. Therefore you should get a lawyer who is familiar, if not an expert, on the laws where you are located. It would even be better if you would get a lawyer within your area like if you are in San Pedro, CA, get a lawyer who practice therein. Getting one from another area may not give you accurate information or the right advice applicable in your area.

    • Look for a lawyer with specialization. Family law is broad in scope. Find a family lawyer who has a specific specialization as you can be sure to his expertise and focus. Remember that there are family lawyers who specialize in divorce, child custody and others. Choose one that specializes on the case you have. It would also be better f you would go for a lawyer who has been practicing law for several years as you can bank on his experience.

    • Ask for quotes. Money plays an essential role in anything, even in lawsuits. To determine how much you are going to pay for the legal services, ask right up front how much is the lawyer's professional fee and his other charges. It would also be better if you would ask for quotes from different legal service providers for price comparison. The pricing is affordable and reasonable. Legal services can be quite expensive. Know what you are getting into before you finally hire a lawyer.

    Basic Information You Need to Know in Hiring Lawyers

    With different laws governing almost everything that we do in our daily lives, it has become almost inevitable that each of us would need to hire the services of a lawyer or an attorney. From as simple scenario to a big and controversial one, hiring a lawyer to assist you is a must if it involves the law. Even in situations that does not require a lawsuit or a court trial, services that is provided by these aforementioned professionals are needed. Valuable legal information is important and no other professional can provide you with better information other than an attorney.

    Benefits of Hiring Lawyers

    The obvious benefit provided by hiring the services of a lawyer is that it brings convenience. The processing of legal documentations, the filing of lawsuits, and stuff which involves legality could be very tedious for a regular individual. If you have a personal lawyer, they will be the one who will carry out all these tasks for you making it very convenient on your part.

    Another major benefit that you would get in hiring these professionals is that they will help you learn more about legal matters. As the saying goes "the ignorance of the law excuses no one", making it inexcusable for anyone to say that they are unaware of any existing law that can reprimand them of any illegal activity that they have done. Also, it is important to know your legal rights. A simple slip liability could not be addressed appropriately if an individual is not aware of his or her rights.

    How to Find Good Lawyers

    There are a lot of law firms situated in various places. Another option is to look for relevant information on the internet. With modern technology these days, it is not that hard to locate a lawyer who can help you. Look for an attorney blog, a classified ad, or any directory listing and you are sure to get at least some information that you need. If doing it does not work, you can try asking your friends or even your relatives. Recommendations are much better especially if it came from someone whom you are close with.

    In finding good lawyers to assist you with your needs, you need to find someone who has years of experience under her or his sleeve. Experience could spell the difference between winning and losing a legal battle. Also, try to look for ones who specialise in a specific legal area. All attorneys are general practitioners but there are some who specialise in one field only such as a personal injury lawyer, a tax lawyer, among others.

    Conclusion

    A lawyer can help us out and so many ways and hiring their services would benefit us greatly. But in looking for one, we need to take our time for us to find one who is ideal for our needs. Having the right knowledge and resources would make things easier especially if we are facing legal matters. It would really be difficult to handle legal issues without the help of a professional.