How a DUII Conviction can affect Child Custody

The rule of thumb in child custody decisions in the U.S. is the best interest of the child. When both parents are equally capable of providing for the child, the judge’s ruling is often based on details that would make one parent just a little more desirable as the custodial parent over the other.

Historically, the custody of very young children is awarded to the primary caregiver, usually the mother, unless there are circumstances that bring into question the fitness of the parent to serve the best interests of the child. One such circumstance that could tip the balance in child custody cases is a conviction of Driving under the Influence or DUI.

In Texas, and indeed in most other states, a DUI is a criminal offense. It is a misdemeanor if there are less than three offenses on record, and a felony if there are three or more DUI incidents. A conviction carries stiff penalties, including jail time, suspension or revocation of the driver’s license, and heavy fines. If anyone you know has been charged with driving under the influence, speak to DUI lawyer Ian Inglis from Austin, TX about your case. More importantly, a DUI conviction implies a recklessness and habit of negligence that may weigh heavily against the parent when it comes to child custody and visitation rights.

A DUI conviction does not necessarily mean that the parent should no longer have an active role in his or her child’s life. According to the website of the BB Law Group PLLC, children generally benefit from the involvement of both parents in their lives after a divorce. However, a criminal record is definitely on the negative side of the slate in child custody decisions. A parent faced with the possibility of a DUII conviction should make every effort to avoid it by engaging the services of an experienced DUII defense lawyer. This can make all the difference when it comes to fighting for one’s rights of child custody and visitation.

Employment Law and Wage Disputes

There are many laws that impinge on employment, ranging from fair labor practices to aspects of employment discrimination. On the whole, employment law guarantees the rights and responsibilities of both employers and employees on the federal as well as state levels. An employment lawyer would have a thorough knowledge of each and every law that may be used as a basis for a claim as well as for defense.

The most basic employment law in the US is the Fair Labor Standards Act (FLSA) enacted in 1938 which primarily deals with overtime and wage disputes. It is a federal law and is widely used as a reference for state-specific minimum wage and overtime pay laws. Since its enactment, it has been revised and added to as circumstances demanded. One of the more important additions that reflects the changing work environment is the Equal Pay Act of 1963, which basically states that employees doing the same work should be given the same pay, regardless of gender or any other distinction. In the spirit of the Equal Pay Act, the Equal Employment Opportunity Commission handles claims of discriminatory practices in employment.

Wage disputes are mostly based on claims of unpaid overtime, but it may also include violations of the minimum wage law as well as disputes of Equal Pay Act violations. Pursuing cases of wage disputes is complicated primarily because of the fact that there are so many different laws that may be cited for each case. It is also difficult to put together a convincing case unless one knows the applicable laws. Employees who may have wage disputes should consult with an experienced employment lawyer rather than trying to resolve them on their own to their detriment. Employers will be more likely to settle a wage dispute out of civil court if they see that the employee has strong legal standing.

For new hire testing, make sure to contact a pre-employment testing service.

Cosmetic Surgery Malpractice

Everyone wants to look good and get rid of those love handles and spare tire. Unfortunately, it is not easy to lose those last few extra pounds even with diet and exercise, and even if you do it is not always where you want it. Sometimes, you just need a little help.

Liposuction vies with breast augmentation as the top cosmetic surgery procedure in the US. In 2012, it was almost an even split with more than 600,000 people undergoing one type of surgery or the other. It is not really surprising that so many people would opt for the surgical solution to a better body. Contrary to the rash of celebrity horror stories of botched cosmetic surgery hitting the headlines, these procedures are inherently safe and medical malpractice in cosmetic surgery is more the exception than the rule.

But like with any kind of surgical procedure, it depends on who does the deed. Although the most expensive is not always the best, you should not choose a doctor based simply on price. You need to find a doctor with a good track record of success. If you have friends or family members who have undergone a similar procedure, get their feedback on their experience. Do your homework and check out the doctors who are on your shortlist for any record of malpractice or misconduct. You want to make sure that you have a reliable professional performing your liposuction because it makes no sense to gamble with your physical well-being.

Liposuction is a good option for someone who is in good health and no more than 20% over their ideal weight. There are many new types of liposuction available today and the procedure is usually done on an outpatient basis with no need for general anesthesia, so it is as safe as can be. The costs depend on the area of the body the procedure will be performed on, but since the best clinics can accommodate the procedure in-house with just local anesthesia, the total cost is reduced.

Social Security Disability Benefits for Cerebral Palsy

The Social Security Administration recognizes cerebral palsy in adults as well as children in reviewing applications for Social Security Disability (SSD) benefits. In general, mild cases of cerebral palsy are disqualified, but when the condition is so severe that it impairs function significantly, SSD benefits may be made available.

Cerebral palsy is the term used to characterize neurological impairment that affect motor function, coordination, muscle tone, reflexes, and posture. It is non-progressive and has a wide range of severity. It is uncertain how the condition develops, but it is widely believed that 80% of those who have the condition are born with it, although it may manifest after birth. In the remaining cases, cerebral palsy may result from head trauma, infection or malnutrition.

Cerebral palsy is categorized as spastic, ataxic, athetoid, and mixed. About 80% of all cerebral palsy cases are of the spastic type, characterized by stiffness of certain muscle groups (hypertonic) which affect posture and balance. People affected by any type of cerebral palsy may also have secondary impairments with vision, hearing, speech and learning. So far, there are no known cures for the disorder; treatment protocols are designed to alleviate some of the symptoms to promote functionality.

The functional impairment that accompanies certain cases of cerebral palsy necessitates some type of financial support. Applying for SSD benefits would enable cerebral palsy patients and their families to live comfortable lives. For adults to qualify for SSD benefits, one of these conditions should be present:

  • Emotional instability or destructiveness, or other behavior problems
  • Inability to effectively use hands or fingers
  • IQ score of no more than 70
  • Serious impairments with vision, speech or hearing
  • Significant lack of mobililty
  • Impaired motor function of two extremities that affect dexterity, gait, or posture

Children with cerebral palsy may also qualify for SSD benefits if they have severe functional limitations that interfere with fine or gross motor movements, impaired learning abilities (IQ of 70 or less), seizure disorders, emotional disorders, or significant communication deficits.

Qualifying for SSD benefits in general is often a long and complicated process. When seeking to get financial support and assistance for severe cases of cerebral palsy, it is a good idea to engage the services of a lawyer experienced in making SSD benefit claim applications. This will ensure that all the bases are covered and facilitate approval of the claim.

Concerns for Business Owners

Business owners in general are concerned with two things outside capitalization: their labor force and their security. The labor force is often the lifeblood of any business, be it a force of one or one million. It is the employees who do the actual work, and it is important that they are qualified for what they are tasked to do. In terms of security, the business owner has to protect the assets of the business from theft, natural calamity, and other outside forces. For the former, pre-employment screening will go a long way towards finding the right person for the job, and for the latter, the appropriate insurance cover will take care of any unforeseen contingency.

Pre-employment screening should be scientific and objective, using standardized tests to identify risk factors that may impact on performance and attrition. Employees who satisfy the functional needs of the work are less likely to have problems with absenteeism and work-related injuries, both of which have a significant effect on productivity. There are companies that offer this service to forward-thinking employers who want the best possible labor force driving their business.

Business insurance represent a considerable cost for the company, but it is necessary to secure coverage in case of theft, property damage due to storms, floods and fires, and business income losses due to natural calamities or other adverse events. The savvy business owner will not skimp on full insurance coverage, and will also guard against insurance bad faith when they do not get the coverage they paid for in a timely manner. They know that insurance companies will try to minimize their exposure, especially in the event of hurricanes when numerous claims may all come in at the same time.

These two concerns of business owners should be included in the business model. This will ensure that productivity is high and losses are minimized.