Determining Who Is Responsible After a Personal Injury Claim
Personal injury cases such as commercial truck accidents can be quite complex. After a crash occurs, it’s important to contact a big rig accident lawyer serving Glen Burnie and Severn because statutes of limitations apply to filing a big rig accident lawsuit. Your lawyer will review the facts of the case and examine all available evidence to identify the parties that may be named as the defendants. In a case that involves a big rig accident , it is not unusual to have multiple defendants.
Truck drivers are frequently named as the defendants in big rig accident lawsuits. To hold a truck driver liable, your attorney must prove that he or she breached a duty to exercise reasonable caution while behind the wheel. Negligence can come in many forms, such as using illicit recreational substances or consuming alcohol before operating a truck. Taking legitimately prescribed medications might even constitute negligence if those medications are known to cause delayed reaction times and impaired judgment. A truck driver might also be found negligent if he or she operated the truck in an unsafe manner, such as by speeding, failing to merge into traffic safely, failing to navigate intersections safely, or otherwise violating traffic rules. Driver distraction is a major problem on the nation’s roadways and truck drivers are not immune to it. Even professional drivers may give in to the temptation to use a cellphone while driving or otherwise engage in distracting activities.
Commercial transportation is an inherently dangerous industry. Because of this, truck drivers and the companies that employ them are required to adhere to strict safety standards. If a trucking company violates those standards, the truck accident lawsuit may name that company as a defendant, perhaps in addition to the truck driver. In these types of personal injury cases, a truck driver’s logbook is often a key piece of evidence. The logbook may establish that the truck driver failed to take the required breaks, perhaps because of the company’s policies on timely deliveries and pick-ups.
Another possible defendant is the manufacturer of the truck or any of its parts. Big rig accidents may be caused by defective brakes, tires, or other components. For the safety of everyone on the roadway, it’s essential that commercial trucks are in good working order.
Get the Facts About Divorce Laws in Maryland
If you and your former spouse have made the difficult decision to split up, you should consult with divorce lawyers in Glen Burnie and Severn as soon as possible. A divorce lawyer is well versed in family law and familiar with the family court system. Even if your divorce is amicable, you will need a divorce lawyer to make sure your rights are protected, especially if children are involved. To learn more about Maryland divorce law, continue reading for some answers to frequently asked questions.
Is No-Fault Divorce Permissible?
As your divorce lawyers will advise you, no-fault divorce has recently become legal in almost every state, including Maryland. In the past, family law mandated that couples remain married unless one partner could prove that the other was at fault. While a divorce lawyer may now seek no-fault divorce, which means neither partner was legally responsible for the marriage’s dissolution, your attorney can only secure a no-fault divorce if you and your spouse have been living apart for at least one year without interruption.
What are the Grounds for Fault Divorce?
In Maryland, one spouse may still file for a fault-based divorce if he or she can prove that the other partner was responsible for the demise of their union. Your divorce lawyers will discuss your options with you, but permissible grounds for a fault divorce include adultery, desertion, conviction of certain crimes, insanity, cruelty, and excessively vicious conduct. Desertion occurs if one spouse has been gone for one year, without interruption, and deliberately intended for his or her abandonment of the other partner to be final.
Can Someone Be Legally Justified in Leaving a Marriage?
If your former spouse accuses you of desertion, your divorce lawyer can defend you against the charge by proving that you were justified in leaving the marriage. In that case, you will not be at fault. For example, your ex may have acted in such a way that you felt compelled to leave because he or she threatened your health, reasonable comfort, or self-respect.
Negotiating Child Custody and Visitation Schedules
In addition to complex financial negotiations, one of the most important decisions you will make during your divorce is child custody. Don’t enter negotiations with your spouse without an experienced custody lawyer on your side to protect your rights. Here are some of the issues your family law attorney near Glen Burnie can help you decide.
Child custody can be joint, which means that it is shared by both parents, or one parent can be awarded primary custody while the other gets visitation with the children. Tell your child custody lawyers up front which option you want to pursue. To win primary custody, you must prove that your spouse’s home is not suitable for long-term stays. To set a visitation schedule, allow your child custody lawyers to negotiate a schedule that works for both parents. Keep in mind that child custody and visitation schedules are not enforceable unless they are approved in a court, so your lawyer will help you go through the proper channels to establish a binding agreement.
Facing a Child Custody Dispute
Frequently, the most difficult issue divorcing couples face is child custody. Deciding where the children will live, who has the authority to make important decisions about them, and how you will share the financial responsibility of their care can lead to disputes even in amicable divorces. Child custody lawyers near Severn can not only help you protect your rights as you fight for the custody you want but also ease conflict between you and your ex by acting as intermediaries. If you are facing a child custody dispute , here is what you need to know.
All Agreements Must Happen in Court
Although you and your spouse may have discussed child custody arrangements and even come to an agreement that works for you, custody is not truly set until the deal is finalized in a family law courtroom. That means that your spouse can arbitrarily decide not to abide by your agreement or demand changes to it without any legal recourse for you. It is essential to work with child custody lawyers throughout disputes and negotiations, so that you can ensure that all agreements go through the proper legal channels to avoid future complications.
Children May Have a Say
Courts are committed to make decisions that are in the best interest of the children, and they may welcome input from the children when resolving a custody dispute with parents and child custody lawyers. The weight the court places on what children say varies depending on many factors including age, maturity, reasons for preferences, and parents’ abilities to influence what their children request. Try not to involve your children in your dispute or interfere with your children’s relationship with your ex, as these actions could work against you in court.
Often, courts act to keep children in the home that offers the most stability. For instance, if awarding custody to one parent means that the children would need to change schools, the court may opt to avoid that placement. Courts usually aim to put children with the parent that can provide a home where children can do homework, go to bed on a schedule, have meals cooked for them, and otherwise maintain a stable lifestyle.
Are You Eligible for Alimony?
During a divorce, alimony may be awarded to one spouse to help him or her transition financially to life after marriage. To be eligible for alimony, your divorce lawyer in Severn must request it before the divorce is finalized. You cannot go back and request alimony after the divorce case has ended. Should your divorce lawyer request alimony on your behalf? Here are some of the factors divorce courts consider when making decisions about alimony payments.
Ability to Self-Support
The court will consider your ability to support yourself after the divorce. To determine if you are able to sufficiently support yourself, your divorce lawyer will present evidence about your education and work history, particularly if you did not work during the marriage and have been out of your field for an extended period of time. If you need further education to be able to support yourself, the court may award rehabilitative alimony to provide support for the period of time it takes you to complete your education. After you are done, the alimony payments will end.
Length of Marriage
Courts seldom award alimony for short marriages, but it is more of a consideration in longer marriages. Long-term couples are likely to have developed a certain lifestyle through cooperation and collaboration over the course of their marriages, and the court may wish to ensure that both couples continue to enjoy these benefits after severing their relationship. Couples in long marriages are also likely to be older, which can impact their earning potential, making alimony a potential solution.
Physical and Mental Health
The physical and mental health of both spouses will be considered by the court when awarding alimony. If a physical or mental health issue prevents you from working, you may be eligible to receive alimony payments from your spouse. This is called indefinite alimony and has no pre-set ending point. However, this alimony may be stopped if your ability to support yourself changes or you remarry. Your family lawyer must present evidence of your health problem to earn this kind of alimony.
What Happens When a Child Custody Order Is Violated?
If your former spouse has violated a child custody order, you need child support enforcement serving Severn . Child custody lawyers can demand the return of your child.
When a custody order is violated, family law requires the lawful custodian of the children to file an official demand for the child’s return. If the abducting parent remains within the state with the children, he or she may be charged with a criminal misdemeanor. A conviction can result in a $25 fine and imprisonment for up to 30 days. If your ex leaves the state with your children, the best child custody lawyer will push for the offender to be brought up on felony charges. If convicted, your ex can be imprisoned for up to one year. If you believe your ex has truly kidnapped your children, contact the police before seeking child custody help from an attorney.
Answering Questions About Child Custody Cases
As child custody lawyers near Severn and their clients know, divorce involves major changes for former spouses and their children. If you and your spouse have made the difficult decision to separate, it is essential to find an experienced family law attorney who can explain your legal rights and fight for the best interests of your children. There are many different kinds of child custody arrangements. Continue reading to find out answers to common child custody questions.
What Factors Does the Court Use to Determine Custody?
Custody of children is determined according to the “child’s best interest” standard. That means the court will consider a variety of factors when determining child custody. For example, a judge will analyze a child’s level of mental, emotional, and social development. The judge will also consider how involved each parent has been in the child’s upbringing, any history of domestic or child abuse, and each parent’s geographic location. The court will also weigh the child’s preference for living arrangements.
What Is Shared Custody?
In family law, shared custody refers to any arrangement where both parents have some responsibility for raising the child. Shared custody can be divided as joint custody, which means both parents share legal and physical child custody. Both parents will make decisions for the children and spend equal time with them. Shared custody may also entail split custody. With split custody, each parent assumes responsibility for some of the children.
What Is Sole Custody?
In sole custody, one parent assumes all or almost all of a child’s care after a divorce. A parent who is granted sole custody generally makes all decisions relating to the child, and the child lives with that parent. However, a non-custodial parent may still be responsible for paying child support. Any child support enforcement issues will be handled by the court and usually with the assistance of family court lawyers.
What Are the Different Types of Custody Arrangements?
Maryland law provides for a complex series of child custody arrangements. It’s in your best interests to consult a child custody lawyer to discuss your goals for child custody and the options that might be best suited for your particular situation. A child custody lawyer near Severn can also advise you as to the factors the judge will consider when awarding child custody.
Your child custody lawyer may recommend that you file a request for temporary custody at the same time as your divorce paperwork. If a judge awards you temporary custody based on the best interests of the child, it means that the child will reside with you while a long-term child custody arrangement is being determined. Being awarded temporary custody does not automatically mean that you will be awarded sole custody later on.
When you meet with your attorney to discuss divorce and child custody, let him or her know if you plan to pursue sole custody. The court may award you sole physical custody of your child if you can prove that it’s in your child’s best interests because your soon-to-be ex-spouse may be an unfit parent. You could also be awarded sole legal custody, which means that you will be solely responsible for making important decisions for your child’s upbringing.
Joint Legal Custody
If you and your ex-spouse are awarded joint legal custody, it means that the two of you will share the responsibility of decision-making. This responsibility includes making plans regarding the child’s religious upbringing, education, medical care, and other important matters.
Shared Physical Custody
If the judge establishes a shared physical custody arrangement, it means that the child will spend at least 35 percent of his or her time with both parents. The child may primarily live with one parent; however, the other parent will have access to a balanced schedule of child visitation.
In some cases, a judge may grant split custody when there is more than one child involved in a custody arrangement. Depending on the children’s ages and their preferences, the judge may determine that it’s in the best interests of the children for one of them to live with one parent and the other with the other parent.
How Does the Court Determine Custody?
How Does the Court Determine Custody?
If you’re filing for divorce or you’re separating from your partner and there are children involved, you need legal assistance from an experienced child custody lawyer . Child custody guidelines are highly complex and they vary from state to state; your child custody lawyer can help you understand the legal process of obtaining custody. As your family law attorney can explain to you, there is no set formula the court will use to determine custody. Rather, Maryland courts evaluate the entire nature of the circumstances regarding the care of the child. The court must consider which child custody arrangement will be in the best interests of the child.
Before child custody is determined, you might prepare for mediation with the help of your child custody lawyer near Severn. Mediation is an attempt to resolve the dispute before a trial in family court. If mediation does not result in a favorable outcome, the judge will make the final decision. After child custody and visitation has been determined, either party may later file a petition in an attempt to change custody. However, to change a custody agreement, the court usually requires that an extraordinary change of circumstances has taken place.