Enforcing Child Custody and Visitation Agreements

Perhaps one of the more complicated aspects of a divorce is the child custody and visitation agreement. Because it concerns the disposition of another person, there are often issues that arise within the effective period of the custody and visitation agreement which could make it difficult to enforce. One of these issues could be place of residence.

When one or both parents move out of state, this may make it difficult for the non-custodial parent to enforce visitation rights. While the agreement restricts the when, where and for how long the non-custodial parent can have access to the child, it also confirms the non-custodial parent’s right of access. So when a custodial parent deliberately makes it difficult for the other parent to spend time with the child, the non-custodial parent can sue for the enforcement or modification of the child custody and visitation agreement.

As part of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), the custodial parent cannot refuse the non-custodial parent visitation rights unless there are circumstances that may justify this refusal, such as suspicion of child abuse, domestic violence, or neglect. For example, if the child comes back from a visit with bruises or seems reluctant or afraid around the non-custodial parent, the custodial parent can report it to the police before consulting a child custody and visitation lawyer on what can be done to prove such suspicions and bar the non-custodial parent from visiting. Failure to pay child support is not a valid reason to withhold access to a child.

On the other hand, the custodial parent can also complain to local authorities under UCCJEA and consult a lawyer for legal options when the non-custodial parent abuses this right of access. According to the website of the BB Law Group PLLC in The Woodlands, this can be the non-custodial showing up in school or at home unexpectedly, retaining the child longer than agreed, or transporting the child to another country.

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Choosing the Right Hairstyle

A lot of people have no idea how to choose a hairstyle that will go well with their face, just like a lot of women don’t know how to buy the right bra size. It often takes a professional stylist to set you on the right track, although it is possible to take a shot at it by following some simple principles.

Emphasize the Good, Conceal the Bad

Take a good look at your face with your hair drawn back. Is it long and narrow, or short and wide? Do you have a big forehead or do your eyebrows end where your hairline begins?

The current trend is for long, flowing locks either curly at the end or smooth and straight. If you have a long, narrow face, however, you should avoid long hair in one length as it will tend to pull your face down.  If you really want long hair, keep it in wavy layers. On the other hand, if you have a short, wide face, you want a style that is close to the sides of your face to make it seem narrower, but avoid short curly hair which will make your face look even wider.

For large foreheads, you may think bangs, but bangs do not go well with curly hair. Bangs are okay for wide foreheads when it is side swept rather than straight across because it emphasizes eyes, so if you have nice eyes, by all means go for it. In general, well-cut bangs will go with any hairstyle or face shape; it’s all in the hair texture.

Body Size Matters

Aside from the face shape, you should also consider your body size. If you are slim and petite, you don’t want hair that is super long or heavy because it will tend to look overwhelming. For the tall and big-boned, on the other hand should avoid short hair, especially pixie cuts, because it is not flattering. Try for medium length, wavy cuts. If you are of medium height and average proportions, you can probably get away with any length of hair, unless you have a short neck, in which case avoid short hair.

There are a lot more you need to know if you want to take control of your hairstyle. But if you go to a good hair salon, the stylist should be able to give you good advice on what hair style would look good on you.

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Taking Care of Your Family’s Finances

It is a sad reality that a majority of problems that a family goes through is caused by money. It may be too much or too little; in either case, disputes can occur that can splinter a family into factions that is not only distressing, it is unhealthy. One way to take care of your family’s finances in an orderly fashion is to do estate planning.

Estate planning is providing for the disposition of all your measurable assets in a manner that you consider fit. It is a plan that takes into account what you want to give to whom and when. As the owner, you retain control of your properties even when you are no longer around or unable to express your wishes articulately. Most people equate this with a will, but there are other methods of doing estate planning that may be more appropriate, such as trusts.

However, estate planning is not a simple undertaking. The laws governing estate planning methods are typically complicated, and the average person will have no idea what the appropriate financial instruments are for particular assets and heirs. For example, if the heir has not yet been born, what kind of trust would be applicable? For property where mineral rights are being leased, how should the income be divided, or should it be sold outright?

There are major factors that have to be considered when apportioning assets so that it is equitable for all parties. One is valuation of real property. Another is taxation. There are also fiduciary concerns, such as who will manage the property as well as serve as a guardian for minor children until such time as they are old enough to take control themselves. If the concerned property is in arrears, for example, and falls under Chapter 13 bankruptcy, the debt will be managed by the fiduciary agent.

When taking care of your family’s finances, you should always keep in mind that you will not always be around. To safeguard against complications, it is best to get an expert to help you in estate planning while you are hale and hearty, because you just never know what may happen tomorrow.

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Qualifying for Social Security Disability Insurance

Contrary to what people believe, you need not be permanently disabled to qualify for Social Security disability insurance (SSDI) or Supplemental Security Income (SSI) benefits. Disability under the SSDI is defined as a medical condition that prevents the applicant from engaging in substantial gainful activity (SGA).  However, you do need to be totally disabled.

For example, if you are a construction worker and you hurt your back, you may be unable to work for a considerable period of time. However, the condition does not need to be permanent to qualify. For SSDI, the applicable condition is that the disability is expected to last for a minimum of 12 months, such as when recovering from major surgery or a broken limb, and that the disability is total.

This is an important distinction, because unlike workers’ compensation insurance which covers temporary, permanent, partial, total, short-term, and long-term disability claims, SSDI only applies to workers who are 100% unable to do SGA. There are certain conditions that will come into play to define “substantial” as a claimant can continue to work while receiving SSDI benefits.

There are instances when an SSDI claim takes so long to process that the claimant makes a full recovery and went back to work before it is approved. However, if the claim is eventually approved, the claimant can still get the benefits that would have been given for the period in which the claimant had been unable to work. This is called the “closed period.”

The length of time that one can received SSDI benefits depends on the reason for the disability and if there is an expectation of full recovery or at least to return to SGA. Some medical conditions are provided with a finite length of time to get benefits i.e. organ transplant warrants one year. However, when the disability is permanent, beneficiaries may be approved to receive SSDI benefits until they qualify for retirement benefits.

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Human Error in Vehicle Accidents

The common palliative that most people offer nervous airplane passengers is that it is more likely for people to die on the road than in the air. What they fail to mention is that this is because of the law of numbers; the average person log in more land miles than air miles traveled, so naturally it is statistically more likely that people will die from land-based vehicle accidents. One doesn’t even have to be in a vehicle to be involved in a vehicle accident, such as pedestrian accidents. However, there is always the risk of being involved in an accident, and the consequences of serious injuries would be just as devastating no matter what mode of travel.

There are a variety of dangers that different vehicles pose, from car to cruise ship accidents. In most cases, human error is the main cause of an accident, such as a bug flying into the car and distracting the driver, who in turn fails to slow down at an intersection. It could be the pilot misreading the information, or the ship’s captain making the wrong call at a crucial moment. One could say that these are unfortunate but honest mistakes, and it would be difficult to find fault.

However, according to the website of the Goings Law Firm, LLC, in Columbia, South Carolina, if the accident happened because the driver was high on drugs, or the pilot had one too many glasses of the complimentary wine, fault can and should be established.  These are examples of reckless behavior, and when it results in serious injury or death to other people, the perpetrator becomes civilly and perhaps also criminally liable. Filing a personal injury lawsuit against the negligent party is one way to get compensation for any costs incurred associated with the accident-related injuries or death.

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Dangers of Actos

Actos (pioglitazone) is a drug designed to manage blood sugar levels for diabetic patients. Manufactured by Takeda Pharmaceuticals, it has consistently been one of their bestsellers since it was approved by the Food and Drug Administration in 1999. Similar drugs that predated Actos were found to cause heart problems in patients, which explain why Actos was so popular. However, there are other dangers associated with Actos that the FDA failed to detect.

About 26 million Americans or 8.3% of the US population are diabetic. While there are three different types of diabetes, 90% of the afflicted suffer from what is known as type II diabetes or diabetes mellitus. As explained on the Williams Kherkher website, type II diabetes is basically characterized by resistance of the body to insulin, the hormone that regulates the metabolism of carbohydrates. Considering that Actos brought in $2 Billion in sales in 2008, it would be reasonable to assume that a lot of people have been taking it on a regular basis.

What makes this disturbing is that there are indications that there is a link between taking Actos over a long time and bladder cancer. A study was conducted by the French in 2011, the results definitive enough to cause Actos to be pulled out of the French and eventually the German market. Ironically, it was later discovered that the active ingredient in Actos, pioglitazone, also caused cardiac problems. Soon after the FDA published the warning about Actos side effects, Takeda was inundated with pharmaceutical liability lawsuits by patients who developed complications from using Actos. Currently, 1,300 plaintiffs have joined forces in multidistrict litigation.

Litigants allege that Takeda was negligent because they failed to warn patients and doctors about about the dangers of Actos despite knowing about them since 2005. To this day the manufacturer continues to maintain that there is no definite proof that Actos causes bladder cancer.

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