ARTICLE: ADJUDICATIVE JUSTICE IN A DIVERSE MASS SOCIETY: "This Article 2 addresses problems created by the disparity in access to the courts and other adjudicative fora between the privileged and less privileged. 3 Enormous efforts have been made by the legal profession to equalize opportunities to enforce substantive rights. 4 These efforts have fallen short of what we can and should accomplish.
I. Equalizing the Adversary System
It may be argued that our adversary, adjudicative system should take each case as presented and weigh it without regard to the background"
'via Blog this'
Thursday, July 10, 2014
Family Courts Muddying the Health Care Quagmire in New York State | Fearless Fathers
Family Courts Muddying the Health Care Quagmire in New York State | Fearless Fathers: "With my employer, I have comprehensive health insurance that covers dental and vision expenses for the family. Accessorily I am complying with New York State law, which mandated via medical support order (New York State Civil Practice Law and Rules 5241) that I take health insurance for my children. But ex-wife does not want to use my health insurance, threatens the health providers to take her business elsewhere if they bill me instead of her and fill insurance forms. Twice a year on average, she takes me to court for unreimbursed medical expenses that could be reimbursed by my insurance. So far, Manhattan family court’s ruling has taken latitude in its interpretation of New York State law: I have to provide an insurance for my kids but ex-wife can use it only if she pleases. The outcome is the wildest dream come through for the Republicans and private health insurance companies: a mandate to have insurance and a legal denial of benefits. No “medical losses” in insurance companies terminology. 100 % profits."
'via Blog this'
'via Blog this'
Fathers Rights in Custody Battles
Fathers Rights in Custody Battles: "Although most attorneys are trained to negotiate settlements out of court (and that makes good sense in most cases), when dealing with an unreasonable spouse, negotiating may not be a good first approach. Unfortunately, in many of these difficult cases, the "hammer" approach may get more results and may actually pave the way for negotiations later.
Find an attorney who is not only skilled in custody disputes but someone in whom you have confidence. There is no need to work with someone you do not believe can do the job. Because custody battles can be nasty, lengthy and stressful, many attorneys may give more attention to their "easier" files. You will need to work with someone who can give your file the attention it deserves no matter what.
There is much to know about the fathers rights and getting help with coping custody battles. The good news is that there is considerable information about the divorcing process and lots of available divorce an custody resources. The important thing is to find reliable divorce information and resources. Using the divorce resources on the Internet is a good starting point."
'via Blog this'
Find an attorney who is not only skilled in custody disputes but someone in whom you have confidence. There is no need to work with someone you do not believe can do the job. Because custody battles can be nasty, lengthy and stressful, many attorneys may give more attention to their "easier" files. You will need to work with someone who can give your file the attention it deserves no matter what.
There is much to know about the fathers rights and getting help with coping custody battles. The good news is that there is considerable information about the divorcing process and lots of available divorce an custody resources. The important thing is to find reliable divorce information and resources. Using the divorce resources on the Internet is a good starting point."
'via Blog this'
Types of Child Custody and Visitation
Types of Child Custody and Visitation: "Sole Physical Custody: With this type of child custody, the child physically resides at one location. In most cases, the non-custodial parent is awarded generous visitation rights, including sleepovers.
Joint Physical Custody: This form of child custody is also called "Shared Custody," "Shared Parenting," or "Dual Residence." In this situation, the child/ren live with one parent for part of the week (or part of the year), and live with the other parent during the remaining time. The division of time spent at each location is approximately equal.
Bird's Nest Custody: This is when the children live in one central location, and the parents rotate in and out of the children's home on a regular schedule. For example, mom may reside at the children's home Monday evening through Thursday, and Dad may reside there from Thursday evening through Monday morning.
Visitation
Parent-child visitation allows parents who do not have physical custody to see their children on a regular basis. Types of visitation include:
Unsupervised Visitation: This is the most common type of visitation. Parents with unsupervised visitation are generally permitted to take their children to their own homes or may enjoy an outing child their children during their scheduled visitation. Sometimes limitations are be placed on unsupervised visitation; for example, a non-custodial parent may be asked to visit his infant child at the mother's home until the child is accustomed to taking a bottle."
'via Blog this'
Joint Physical Custody: This form of child custody is also called "Shared Custody," "Shared Parenting," or "Dual Residence." In this situation, the child/ren live with one parent for part of the week (or part of the year), and live with the other parent during the remaining time. The division of time spent at each location is approximately equal.
Bird's Nest Custody: This is when the children live in one central location, and the parents rotate in and out of the children's home on a regular schedule. For example, mom may reside at the children's home Monday evening through Thursday, and Dad may reside there from Thursday evening through Monday morning.
Visitation
Parent-child visitation allows parents who do not have physical custody to see their children on a regular basis. Types of visitation include:
Unsupervised Visitation: This is the most common type of visitation. Parents with unsupervised visitation are generally permitted to take their children to their own homes or may enjoy an outing child their children during their scheduled visitation. Sometimes limitations are be placed on unsupervised visitation; for example, a non-custodial parent may be asked to visit his infant child at the mother's home until the child is accustomed to taking a bottle."
'via Blog this'
Types of Child Custody and Visitation
Types of Child Custody and Visitation: "Legal Custody
Legal custody refers to the legal authority to make major decisions on behalf of the child. Examples of major decisions include: where the child will go to school, the type of education, the form of religious upbringing, and non-emergency medical decisions. Legal custody options include:
Sole Legal Custody: The parent who has sole legal custody is the only person who has the legal authority to make major decisions on behalf of the child. These include decisions regarding education, religion, and health care.
Joint Legal Custody: Joint legal custody means that both parents have the legal authority to make major decisions for the child. It should be noted that parents can potentially share "joint legal custody" without having "joint physical custody."
Physical Custody
Physical custody refers where the children live the majority of the time. This is sometimes referred to as "residential custody." Types of physical custody include:
Sole Physical Custody: With this type of child custody, the child physically resides at one location. In most cases, the non-custodial parent is awarded generous visitation rights, including sleepovers."
'via Blog this'
Legal custody refers to the legal authority to make major decisions on behalf of the child. Examples of major decisions include: where the child will go to school, the type of education, the form of religious upbringing, and non-emergency medical decisions. Legal custody options include:
Sole Legal Custody: The parent who has sole legal custody is the only person who has the legal authority to make major decisions on behalf of the child. These include decisions regarding education, religion, and health care.
Joint Legal Custody: Joint legal custody means that both parents have the legal authority to make major decisions for the child. It should be noted that parents can potentially share "joint legal custody" without having "joint physical custody."
Physical Custody
Physical custody refers where the children live the majority of the time. This is sometimes referred to as "residential custody." Types of physical custody include:
Sole Physical Custody: With this type of child custody, the child physically resides at one location. In most cases, the non-custodial parent is awarded generous visitation rights, including sleepovers."
'via Blog this'
How to Conduct a Successful Coparenting Meeting With Your Ex
How to Conduct a Successful Coparenting Meeting With Your Ex: "5. Stay Focused on the Kids During Your Coparenting Meeting
The purpose of your coparenting meetings is to work together in raising your children, which is not going to happen unless you make the effort to communicate effectively with one another. Therefore, each of you must make a conscious decision to stay focused on the kids during these meetings. It's not the time for personal discussions or rehashing conflicts in your relationship. If you need to schedule time for those kinds of discussions, do it separate from your regular coparenting meeting. Also, try to set a time limit for your meetings, such as 30 minutes."
'via Blog this'
The purpose of your coparenting meetings is to work together in raising your children, which is not going to happen unless you make the effort to communicate effectively with one another. Therefore, each of you must make a conscious decision to stay focused on the kids during these meetings. It's not the time for personal discussions or rehashing conflicts in your relationship. If you need to schedule time for those kinds of discussions, do it separate from your regular coparenting meeting. Also, try to set a time limit for your meetings, such as 30 minutes."
'via Blog this'
How to Conduct a Successful Coparenting Meeting With Your Ex
How to Conduct a Successful Coparenting Meeting With Your Ex: "2. Meet Weekly
Be committed to meeting on a consistent basis, such as weekly. This will convey the message to your children that - when it comes to raising them - you are indeed a united front. Yes, this will be extremely difficult in the early stages of your divorce or separation. However, keep your focus centered on your common goals - the children - and the meetings will get easier with time.
3. Communicate Through the Phone and E-mail
You do not have to meet in person! In many cases, talking on the phone or using email is preferable. That's okay as long as you are committed to communicating with one another using whatever medium is most productive for the two of you.
4. Use an Agenda During Your Coparenting Meeting
There are certain topics - such as schedules, school progress, and behavioral concerns - that you're going to want to cover each week in your meetings. You can simplify your discussions by using a printed agenda. Create a standard form to include all the topics you wish to discuss regularly, and complete it prior to your meeting"
'via Blog this'
Be committed to meeting on a consistent basis, such as weekly. This will convey the message to your children that - when it comes to raising them - you are indeed a united front. Yes, this will be extremely difficult in the early stages of your divorce or separation. However, keep your focus centered on your common goals - the children - and the meetings will get easier with time.
3. Communicate Through the Phone and E-mail
You do not have to meet in person! In many cases, talking on the phone or using email is preferable. That's okay as long as you are committed to communicating with one another using whatever medium is most productive for the two of you.
4. Use an Agenda During Your Coparenting Meeting
There are certain topics - such as schedules, school progress, and behavioral concerns - that you're going to want to cover each week in your meetings. You can simplify your discussions by using a printed agenda. Create a standard form to include all the topics you wish to discuss regularly, and complete it prior to your meeting"
'via Blog this'
Win Child Custody - Proper Courtroom Etiquette Can Help You Win Child Custody
Win Child Custody - Proper Courtroom Etiquette Can Help You Win Child Custody: "motional Outbursts
Avoid all emotional outbursts. Emotional outbursts upset the judge and might give the child's other parent an advantage. Understandably, determining custody of a child is an emotional event. However, a parent who becomes overly emotional may give the judge a bad impression. As a result, after an emotional outburst, the child's other parent may have an advantage and even win child custody.
Asking and Answering Questions
A parent who would like to interject an opinion or ask a question during a child custody hearing should first speak with their attorney. The attorney is the only party, aside from the judge, that may speak at all times during a hearing. An attorney can ask a parent's question or ask for clarification at the most appropriate time."
'via Blog this'
Avoid all emotional outbursts. Emotional outbursts upset the judge and might give the child's other parent an advantage. Understandably, determining custody of a child is an emotional event. However, a parent who becomes overly emotional may give the judge a bad impression. As a result, after an emotional outburst, the child's other parent may have an advantage and even win child custody.
Asking and Answering Questions
A parent who would like to interject an opinion or ask a question during a child custody hearing should first speak with their attorney. The attorney is the only party, aside from the judge, that may speak at all times during a hearing. An attorney can ask a parent's question or ask for clarification at the most appropriate time."
'via Blog this'
Documents to Help You Win Child Custody
Documents to Help You Win Child Custody: "Visitation Schedule
In addition to phone call logs, parents should keep a log of visitation between the child and the child's non-custodial parent. A visitation schedule log should include the following:
When the visits occur
Where the visits occur
How long the visits last
Frequency of visits (daily, weekly, bi-weekly)
A non-custodial parent may utilize this information in court to prove a continuous and meaningful relationship with the child, while a custodial parent might use a log of visitation schedules to prove the lack of a continuous relationship between the child and the child's non-custodial parent.
Proof of Child Support Payments"
'via Blog this'
In addition to phone call logs, parents should keep a log of visitation between the child and the child's non-custodial parent. A visitation schedule log should include the following:
When the visits occur
Where the visits occur
How long the visits last
Frequency of visits (daily, weekly, bi-weekly)
A non-custodial parent may utilize this information in court to prove a continuous and meaningful relationship with the child, while a custodial parent might use a log of visitation schedules to prove the lack of a continuous relationship between the child and the child's non-custodial parent.
Proof of Child Support Payments"
'via Blog this'
Better Parent - How to Win a Child Custody Case
Better Parent - How to Win a Child Custody Case: "How to Present Yourself as the Better Parent
Parents seeking sole custody should focus on the following factors to support a sole custody petition:
The Physical Well-Being of the Child: For example, focus on your child's routine, sleeping habits, eating schedule, and after school activities. Judges tend to notice parents who encourage a healthy lifestyle.
The Psychological Well-Being of the Child: For example, making sure that the child has access to liberal visitation with the other parent. Judges tend to favor parents who openly support the child's the ongoing relationship with the other parent."
'via Blog this'
Parents seeking sole custody should focus on the following factors to support a sole custody petition:
The Physical Well-Being of the Child: For example, focus on your child's routine, sleeping habits, eating schedule, and after school activities. Judges tend to notice parents who encourage a healthy lifestyle.
The Psychological Well-Being of the Child: For example, making sure that the child has access to liberal visitation with the other parent. Judges tend to favor parents who openly support the child's the ongoing relationship with the other parent."
'via Blog this'
How to Win a Child Custody Battle - Single Parent
How to Win a Child Custody Battle - Single Parent: "Parents who are not granted primary custody during a child custody battle will often be entitled to generous visitation rights. Courts believe that a relationship with both parents serves the child's best interests. The court will consider the following factors regarding visitation during a child custody battle:
The best interests of the child
Communication between parents
Parental involvement in the child's life
Parenting Plan
A parent who does not want the child's other parent to have visitation rights would have to argue that fact in court during the child custody battle."
'via Blog this'
The best interests of the child
Communication between parents
Parental involvement in the child's life
Parenting Plan
A parent who does not want the child's other parent to have visitation rights would have to argue that fact in court during the child custody battle."
'via Blog this'
What You Don’t Know About New York State Child Support Laws | Fearless Fathers
What You Don’t Know About New York State Child Support Laws | Fearless Fathers: "Val
Anony- I know they can take 65% of your gross, it happened to my fiance in his childsupport. He was bringing home an empty check, virtually 10% to live on. When he questioned the NYS child support system, he was told, ‘well, people have been know to get by on that little’. While he paid his ex about 200 a week for one child, I have been getting about 90 a week for 3 kids. I pay ALL their expenses, clothes, food, shelter, gas to cart them around, etc. I’ve cut out all and any extra things, "
'via Blog this'
Anony- I know they can take 65% of your gross, it happened to my fiance in his childsupport. He was bringing home an empty check, virtually 10% to live on. When he questioned the NYS child support system, he was told, ‘well, people have been know to get by on that little’. While he paid his ex about 200 a week for one child, I have been getting about 90 a week for 3 kids. I pay ALL their expenses, clothes, food, shelter, gas to cart them around, etc. I’ve cut out all and any extra things, "
'via Blog this'
What You Don’t Know About New York State Child Support Laws | Fearless Fathers
What You Don’t Know About New York State Child Support Laws | Fearless Fathers: "She wants to live off of her boyfriend and our hardworking money and not take any financial responsibility what-so-ever because you know why??? The system allows that!!! I now have a son with my husband…. We have to pay her 800 a month. That leaves us with a negative amount after the mortgage and bills are paid…. no money at all for us to live off of…..our child who is only 2 needs milk and diapers….. but does the system give a shit about my 2 year old. I highly doubt “bitching” is even the word."
'via Blog this'
'via Blog this'
What You Don’t Know About New York State Child Support Laws | Fearless Fathers
What You Don’t Know About New York State Child Support Laws | Fearless Fathers: "NY child support law is the worse in all the states. What happen to “Family Value” what happens when one of the parent holds a child hostage and demands the other parent to pay child support until the child turns 21? I bought my child into this world and took care of her until she was 19yrs 4mths old. After then she kept on getting in trouble with the law (drinking and driving, thief, drugs etc) I mentioned this to her no good father (who never paid child support)about what was happening and he assured me that he will take her to live with him until she changed her attritude. Well to my surpise “The LOW LIFE” father took me to court asking for child support and told the court that I kicked out the child from my home. New York court do not want to hear anything, they informed me that I have to pay"
'via Blog this'
'via Blog this'
What You Don’t Know About New York State Child Support Laws | Fearless Fathers
What You Don’t Know About New York State Child Support Laws | Fearless Fathers: "he nasty New York Child Support Help Line operator (whose call center is not located in India, I checked with her) brushed away my concerns. 32.6% of my gross income gone? Peanuts. The State can legally garnish up to 65% of your gross income. In fact I am a lucky man, and the bureaucrat from New York State Child Support Processing Center in Albany who deals with my case a sensitive fellow indeed.
Let see. You are the average fellow whose income and payroll taxes amount to 30% of your gross income. New York State garnishes another 65% of your gross income. You are left with 5 cent out of each dollar you earn. If you are taxed more than 30%, you are left with literally nothing."
'via Blog this'
Let see. You are the average fellow whose income and payroll taxes amount to 30% of your gross income. New York State garnishes another 65% of your gross income. You are left with 5 cent out of each dollar you earn. If you are taxed more than 30%, you are left with literally nothing."
'via Blog this'
Disabled Parents' Rights in Custody Battles | LegalZoom: Legal Info
Disabled Parents' Rights in Custody Battles | LegalZoom: Legal Info: "Disabled Parents' Rights
Even if a court doesn't award you legal custody--that is, with decision-making authority with regard to your child--or physical custody, you still have rights. The judge can still award you whatever visitation your condition makes possible. Furthermore, you would typically receive frequent telephone contact, the right to attend school functions, and access to your child's school and medical records. Even if your condition makes it hard for you to win custody of your child, you can still typically play a major and positive role in his life, regardless of your disability."
'via Blog this'
Even if a court doesn't award you legal custody--that is, with decision-making authority with regard to your child--or physical custody, you still have rights. The judge can still award you whatever visitation your condition makes possible. Furthermore, you would typically receive frequent telephone contact, the right to attend school functions, and access to your child's school and medical records. Even if your condition makes it hard for you to win custody of your child, you can still typically play a major and positive role in his life, regardless of your disability."
'via Blog this'
Courthouse News Service
Courthouse News Service: "SEATTLE (CN) - Public interest attorneys on Wednesday filed a federal class action against the United States, claiming it is illegally denying counsel to thousands of undocumented children whom the government already has started deporting.
Attorneys for lead counsel the Northwest Immigrant Rights Project claim Attorney General Eric Holder et al. are violating the Immigration and Nationality Act and the due process clause of the Fifth Amendment.
The lawsuit comes as thousands of undocumented children, many of them unaccompanied, are being flown and bused hither and yon across the country after being arrested, usually, in Texas."
'via Blog this'
Attorneys for lead counsel the Northwest Immigrant Rights Project claim Attorney General Eric Holder et al. are violating the Immigration and Nationality Act and the due process clause of the Fifth Amendment.
The lawsuit comes as thousands of undocumented children, many of them unaccompanied, are being flown and bused hither and yon across the country after being arrested, usually, in Texas."
'via Blog this'
Wednesday, July 2, 2014
15 Ways to Finance a Small Business
15 Ways to Finance a Small Business: "The Small Business Administration (SBA) offers two types of loans that can help entrepreneurs get the capital they need to start their business: the 7(a) guarantee small business loan and the 504 fixed-asset small business finance program. The 7(a) guarantee loans are more common for small businesses. Prospective borrowers can apply for these loans at banks that participate in the SBA loan process. But this may not be the right choice for you if you don't have a proven track record."
'via Blog this'
'via Blog this'
Federal Funding - Federal Government Grants and Assistance
Federal Funding - Federal Government Grants and Assistance: " $50,000 to open a coffee house
$30,000 to open a shoes store
$43,000 to a mail drop center
$100,000 to open an auto shop
$30,000 to open a beauty salon"
It seems that there is always some For Profit Company effectively operating as middleman between the person who really needs the cash to open a retail business and the "supposedly free flowing money" available to help bolster a failing company using money from US federal or state sources!
This needs to be changed, because generally these companies take advantage of the "would be entrepreneur" only hurting him financially by taking his money, rather than helping him.
'via Blog this'
$30,000 to open a shoes store
$43,000 to a mail drop center
$100,000 to open an auto shop
$30,000 to open a beauty salon"
It seems that there is always some For Profit Company effectively operating as middleman between the person who really needs the cash to open a retail business and the "supposedly free flowing money" available to help bolster a failing company using money from US federal or state sources!
This needs to be changed, because generally these companies take advantage of the "would be entrepreneur" only hurting him financially by taking his money, rather than helping him.
'via Blog this'
Tuesday, July 1, 2014
Supermodel: Jewish Mothers Are Constantly Trying to Set Me Up With Their Sons | Jewish & Israel News Algemeiner.com
Supermodel: Jewish Mothers Are Constantly Trying to Set Me Up With Their Sons | Jewish & Israel News Algemeiner.com: "“I did; it was just a wonderful day in my life… and humiliating,” she responded. “I sang! They’re like mini weddings for awkward preadolescent weirdos changing voices.”
Now that, dear readers, is a sentence for the ages. For the rest of us, who may be interested in her family genealogy, please go here.
“The world sees you as beautiful, but how do you see yourself?” she was also asked.
“I’m not perfect. I never identified with the way I look; I was just born this way. "
'via Blog this'
Now that, dear readers, is a sentence for the ages. For the rest of us, who may be interested in her family genealogy, please go here.
“The world sees you as beautiful, but how do you see yourself?” she was also asked.
“I’m not perfect. I never identified with the way I look; I was just born this way. "
'via Blog this'
Guns N’ Roses Guitarist Rocks Solo Acoustic Version of Israeli National Anthem - Hatikva (VIDEO) | Jewish & Israel News Algemeiner.com
Guns N’ Roses Guitarist Rocks Solo Acoustic Version of Israeli National Anthem - Hatikva (VIDEO) | Jewish & Israel News Algemeiner.com: "“So when Bumblefoot leaned up against the couch and started riffing on his acoustic guitar, I nonchalantly blurted out ‘Up for some Hatikvah?’”
Totally good call, dude.
“Yeah, everyone else in the room probably thought ‘Hatikvah’ was a new kind of bean dip and didn’t recognize the tune. But the three of us did — and this 52-second private concert instantly ranked in my Top 5 moments of Jewish pride.”"
'via Blog this'
Totally good call, dude.
“Yeah, everyone else in the room probably thought ‘Hatikvah’ was a new kind of bean dip and didn’t recognize the tune. But the three of us did — and this 52-second private concert instantly ranked in my Top 5 moments of Jewish pride.”"
'via Blog this'
Aaron Swartz's father thinks he'd be alive today if he were never arrested - Jun. 27, 2014
Aaron Swartz's father thinks he'd be alive today if he were never arrested - Jun. 27, 2014: "In 2013, Internet activist and Reddit co-founder Aaron Swartz ended his life while facing up to 35 years in prison for hacking.
Swartz faced multiple charges for breaking and entering into an MIT wiring closet and downloading academic journals, including two counts of wire fraud and 11 counts of violating the Computer Fraud and Abuse Act. Swartz, who was battling the court, also battled with depression. Prosecutors dropped the charges after his death."
'via Blog this'
Swartz faced multiple charges for breaking and entering into an MIT wiring closet and downloading academic journals, including two counts of wire fraud and 11 counts of violating the Computer Fraud and Abuse Act. Swartz, who was battling the court, also battled with depression. Prosecutors dropped the charges after his death."
'via Blog this'
Bodies of three kidnapped Israeli teens found in West Bank | JPost | Israel News
Bodies of three kidnapped Israeli teens found in West Bank | JPost | Israel News: "After more than two weeks of agonizing, intensive searches in the West Bank, the military operation launched to locate teenagers Gil-Ad Shaer, Naftali Fraenkel, and Eyal Yifrah reached a tragic end Monday afternoon when security forces discovered their bodies buried in a field northwest of Hebron, no more than a 10-15-minute drive from where they were abducted."
'via Blog this'
'via Blog this'
Subscribe to:
Comments (Atom)