No one wants to think about getting injured in a car crash, but those who are prepared will be better off in an emergency if it comes up. From the first few minutes after an accident to weeks and months afterward, there are certain steps you should take to protect your own physical and financial well-being. Keep this auto accident glove compartment checklist handy in case of an auto accident. Read more
It is a known fact that when a person files for bankruptcy, it is an official declaration that they are no longer in the position to repay the loans they have taken. Depending on the type of bankruptcy they have filed for, their obligation to repay loans, particularly unsecured ones, is wiped off. Ultimately, the creditors who have granted unsecured loans are at the risk of facing major losses. Read more
Brandon L. Fernandez is a native of Fort Lauderdale, Florida, and is an associate in the Lydecker Diaz’s Miami office. Mr. Fernandez’s practice includes all aspects of federal and state civil trial litigation with a primary focus in civil rights litigation, complex commercial litigation, government liability, law enforcement liability, labor & employment law, premises liability, and professional liability.
Are you looking for an attorney that can be of great help in solving your legal issues? However, what type of attorney you are searching for. Now, there are several kinds of attorneys. The legal field is really very complex as well as large. You will discover that different attorneys specialize in different areas. That’s the reason why there are different attorneys, and whatever may be your legal issue, there’s an attorney who is an expert in dealing with a particular issue. Read more
Whether we know it or not, whether we like it or not, the collaborative consumption that makes up the sharing economy is here to stay. Now you can rent a spare room in your house to weary travelers, rent one of several shared bikes at terminals throughout large cities, or make a little extra cash driving people to and from their destinations. However, this new economic sector raises a whole new set of legal questions about responsibility and liability. That’s why it shouldn’t come as a surprise you can’t seem to turn the corner without seeing an ad for an “Uber Accident Attorney” So, what do you do as a passenger when your rideshare driver finds themselves in a crash? Read more
While it is perhaps most common for child custody to come up in the process of going through a divorce, that is by no means the only time when custody has to be decided. Often, custody has to be revisited when one parent moves or their behavior changes (making it dangerous for the child or children to remain in their custody). The child may also reach an age where they can decide whom they want to live with and what situation works best for them.
Whether you are deciding on child custody for the first time as you go through your divorce or are coming back to the issue because of some change, you need to know how child custody works in your state.
This article is intended to help you sort through some of the complexities of child custody in North Carolina so you know what is ahead and how to best navigate the system for your children.
Types of Custody
Before getting into what a custody decision looks like, it’s important to highlight just how custody can be arranged. In North Carolina, custody arrangements can look very different from family to family.
Custody includes two elements: the physical custody of the child and the legal custody of the child. These often, but do not always overlap. These two types of custody can be shared by both parents (joint), be held by only one parent (sole), or else be given to a third party (if neither parent is seen as capable of taking care of the child).
When there is joint legal custody of a child, both parents can make important decisions for the child. This means either parent can decide on medical treatments, education, or other vital life choices. This often, but again not always, goes with joint physical custody, which means the child lives at different times with both parents. An arrangement can be made for joint legal custody that does not include joint physical custody.
In the case of sole legal custody, only one parent can make the important decisions for the child. Sole physical custody means the child only lives with one parent. Sometimes this is preferred, even in the event of good relations between all parties, to provide stability for the child.
If one parent has sole physical custody, the other parent will most likely (except in extreme cases) be granted some form of visitation rights. These can be unsupervised or supervised. An unsupervised visit allows the parent without physical custody to leave the home and take the child on outings or to their own home. There’s a lot of freedom, with limitations set beforehand. Supervised visits require another adult to be present for all interactions with the child. This can be someone of the parent’s choice or not, depending on the circumstances.
Contested or Uncontested Custody
Custody can be worked out privately by both parents. If an agreement is reached, the issue is uncontested and won’t involve a judge (barring very extreme circumstances). However, if both parents cannot reach a custody agreement, the issue is contested and will be decided by a judge.
How Custody Is Determined
In North Carolina, the child’s interests always come first. The state does not decide custody based on the gender of the parent. It also doesn’t consider whether the parent is a blood relative or a relative by adoption.
Instead, what a judge considers are a series of factors that are meant to show where the child will be happiest, healthiest, and safest. To begin with, the risk of domestic abuse or substance abuse will weigh heavily on the decision of the court.
If such abuse is not present, the judge will consider whether both parents can provide a stable home that is consistently safe and pleasant for the child. This includes basics like having a regular supply of food, consistent shelter in a safe area, access to clothes and medicine, but also includes where the child feels comfortable and happy.
Where the child has been living and with whom will also be important to the judge’s decision. Keeping the child in the home, community, and school they know is important, so parents that have not been in the family home, have moved far away, or are often away would be at a disadvantage.
The judge may also consider the child’s age and which parent has demonstrated in the past the characteristics of the primary caregiver.
If the child is old enough to voice an opinion, their preferences will also be considered by the judge.
How to Modify Child Custody in North Carolina
The goal of custody arrangements in North Carolina is to resolve the issue permanently to the greatest satisfaction possible for all parties. Sometimes, however, circumstances change, requiring changes to be made to a custody agreement. These can be positive (such as a parent returning to the area and being able to take joint custody of the child) or negative (a parent becoming unfit to care for the child).
Modifications can be agreed upon by both parents and might be relatively easy to put in place (although they likely will only be made if the change is significant). In the event only one parent wishes to modify, a judge will again become involved to find the best solution. A third party can also petition for a modification.
Do I Need a Child Custody Lawyer?
Where your child lives and who has control of the most important decisions in their lives is perhaps the most important decision that will be made in the process of a divorce. The laws surrounding divorce and child custody in North Carolina are extensive and complex, so it is always best to hire an experienced attorney to help you bring the best case for you and your child before the judge. This remains true in the case of modification, whether you are pursuing it for yourself, or the child’s other parent wishes to change the agreement.
It can be challenging to get an accurate read on how safe or dangerous it is to work in North Carolina. For most people, all they have to rely on his anecdotes. Do they know people who have been injured in a particular industry in a particular place? Have they heard rumors that this business or manager is particularly safety conscious or tends to put their employees in danger?
When it comes to the safety of the people going to work, this is just inadequate. People need to know the level of danger and the type of danger they can expect when they go to work.
To help educate people on what safety and danger in the workplace look like in North Carolina, we’ve provided some of the facts and statistics found in the North Carolina Department of Labor (NCDOL) Occupational Safety and Health Annual Comparison Report from the most recent year of its release (2016) and provided some of the significant findings within.
North Carolina Is Safer Than Much of the Country
The first point to make is good news. North Carolina is significantly safer than many other states. According to the U.S. Department of Labor, North Carolina is among just 13 states that have fewer injuries and illnesses from the workplace than the national average.
The actual numbers, though, are still daunting. 71,000 work-related illnesses and injuries were not fatal in 2016. This translated to 2.5 such incidents in 100 employees. In other words, 2.5% of all workers in North Carolina suffered from workplace injuries or illnesses (although the severity of these incidents varied).
Industries That Are Safer and Less Safe
Everyone knows that some industries are safer to work in than others. No one would assume that an office worker is in as much danger as a firefighter, for instance. However, how do the numbers break down according to NCDOL?
The industries that saw the lowest rates of days away from work, job transfers, and job restrictions included the financial sector (at the lowest rate with 0.5 individuals per 100 workers), information, and professional and business services. Slightly higher rates were found in construction (a surprisingly low 2.2 per 100), mining, state government, and “other services.”
More serious were leisure and hospitality (2.8 per 100), trade, transportation, and utilities (3.1 per 100), and education and health services (3.3 per 100).
This list, however, is somewhat incomplete, since the mining numbers are likely so low because of the lack of mining within the state.
Where Businesses Are Failing Employees Most
The NCDOL also details the most common severe violations found in different types of business. In construction, for instance, many of the most common severe violations are in the most critical areas. Businesses were consistently failing workers in fall protection, the use of ladders, the use of scaffolds, and providing enough safety training.
For general industries, the violations often had to do with machine guarding, communicating to workers about hazards in training and writing, and maintaining tools.
In the public sector, there were similar violations regarding machine guarding and hazard communications. There was also not enough protective equipment available for workers.
Fatalities at Work
Injuries due to work are always tragic, mainly when they are severe but even worse is when an accident results in death.
North Carolina had 48 deaths in 2016, according to the NCDOL report. The main areas these occurred in were, in order of number: struck by an object (17), falls (14), crushed by object or equipment (6), and electrocution (4). Seven workplace deaths were not categorized but include fires and explosions.
The total number of deaths represents a significant jump from the most recent comparable years (40 in 2014 and 42 in 2015). There were more deaths in each category over the immediately previous year in every category except electrocutions.
While North Carolina is doing better than much of the nation at keeping its workers safe, workers across the state still suffer injuries in workplace accidents every day. All workers must understand their rights when it comes to workplace accidents. Many wrongly believe that to get compensation, their employer must have been careless in some way. This is simply not true. Worker’s compensation coverage exists to help injured employees get back on their feet after an accident. You aren’t suing your employer, you’re claiming benefits from an insurance coverage that is there to help you. If you’ve been hurt on the job, you are well within your rights to inquire about these benefits that may be available to you.
A common misperception of the safety of larger vehicles, like SUVs and trucks, is that they’re safer in car accidents. While higher weight is usually correlated with higher safety in accidents, one disconcerting thing is the distribution of weight in SUVs and trucks. While head-on collisions are traumatic accidents with high mortality rates, rollovers follow closely behind — a majority of them leading to fatalities. SUVs are dangerous because they have the highest likelihood of rolling in severe accidents. While a lot of factors play an important role in rollover odds, it’s important to understand why SUVs are so dangerous when it comes to rollovers. Read more
Check out our Lawyers and Law firms’ directory section. We accept Guest post on wide range of legal topics.
- Accidents and Injuries
- Arbitration & Mediation
- Birth Injury
- Business Law
- Cars & Motor Vehicles
- Class Action Lawsuit
- Corporate Law
- Criminal Law
- Cyber Crimes
- Dog Bite
- Domestic Violence
- Drug Crimes
- Employees' Rights
- Estate Planning
- Family Law
- Finance Law
- Guest Post
- Immigration Law
- Labour law
- Law Firm Marketing
- Medical Malpractice
- Personal Injury
- Real Estate
- Sexual Harassment
- Social Security
- Traffic Violation
- Unsecured Loans
- Workers Compensation