Child Custody Rights for Grandparents: What to Expect

Although it is often assumed that a child custody dispute is between parents, this is not always true. Grandparents may have very close relationships with grandchildren and may seek visitation rights or even custody of a child. Good child custody lawyers will tell you that this is a change in family law, as state laws granting rights to grandparents didn’t occur prior to the 1960s or 1970s.

Grandparents’ rights to visitation and child custody differ from state to state. In Pennsylvania, a family court may give visitation to a grandparent if:

•    One or both parents of the child has died, or

•    The parents have been divorced or separated for more than six months, or

•    The child has resided with the grandparent for more than a year.

When a Pennsylvania family court considers grandparent visitation, it is obligated to consider whether the visits are in the best interest of the child and whether the visits would undermine the parent-child relationship. In adoption, the grandparents’ visitation rights are ended, unless the adoption is to a stepparent or the grandparent.

Visitation Rights of Grandparents

The underlying concept of grandparents’ visitation rights is that the contact between grandparents and grandchildren is good for the children. As long as the parents agree with this, visitation can be arranged informally and no court decision is needed. If a parent objects and does not have a reason considered valid (see below), states have laws that protect the rights of grandparents, and may even extend to other family members (called “third party” or “nonparent” rights).

Federal law requires courts in each state to recognize nonparental visitation orders from family courts in other states. There is one US Supreme Court ruling that asserts the Washington state nonparental visitation portion of the state statute violates parents’ rights to raise their kids.

Family courts are obligated to ask the following questions when determining visitation rights for grandparents:

•    What is the relationship between the child and the grandparent?

•    What is the relationship between the parents and the grandparents?

•    How recently have the child and the grandparent been in contact?

•    How might the visitation affect the relationship between the child and his or her parents? The American Bar Association recently reasserted the rights of children and parents to have family unity.

•    Will grandparent visits negatively impact the child’s time spent with his or her parents?

•    Is there any evidence or history of grandparent abuse or neglect of the child?

Custody Rights of Grandparents

Granting custody to grandparents is less common than visitation, and the laws which govern granting custody to grandparents tend to be less specific. In a few states, the law considers grandparents as custodians if both parents have died. 

How would grandparents gain custody if a parent is alive and objects to the grandparents’ custody? The grandparents must prove to a family court that the parent is unfit and the child or children would have a better life with them. Good child support lawyers will tell you this cannot be a simple matter of economics (i.e., the grandparent is wealthy and the parent is not), but more of a safety concern for the child such as parental abuse of alcohol or drugs, or parental abuse or neglect of the child.

You may learn more about grandparents’ rights to visitation and custody by sitting down with an experienced family law attorney.

This blog was originally posted on https://www.pa4law.com/child-custody-rights-for-grandparents-what-to-expect/

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5 Things You Must Do to Prepare for a Contested Divorce

Divorce is never easy to go through, but when you know it will be contested, you should take particular actions to protect yourself and to help your divorce lawyer. If prepared in the following way, you will have made an important contribution to a favorable outcome.

1.    Collect your financial documents

Even before your first divorce attorney consultation, collect three years’ worth of tax returns and a recent pay stub for you and your spouse. If you do not have these records on file, you can obtain copies of tax returns by filling out this IRS form: https://www.irs.gov/pub/irs-pdf/f4506t.pdf. The Social Security Administration can show you your income history: https://www.socialsecurity.gov/mystatement/. This information will be considered when determining support obligations.

2.    Learn about your assets

In a number of marriages, one partner takes the lead on financial matters, and this likely includes knowing about all the jointly-owned assets. If you are this partner, then you will have an easier time putting together the information your divorce attorney will need to protect your interests, such as:

•    Bank accounts and current balances

•    Mortgage payment amount and current balance

•    Investments, retirement accounts, and life insurance policies

•    Deeds and titles to any paid-off property

If you have not been handling these matters, it is time to educate yourself. Find out where this information is stored, then begin to copy statements going back 12 months if you can find them. You may have to play detective in the home office or wherever the records may be.

3.    Collect information about all the debt

You may have to do some sleuthing to find the records that pertain to marital debt. Look for and copy:

•    Loan amounts, including auto and personal debt, and current balances

•    Credit card statements and current balances

Obtain your personal credit report and share it with your attorney. This does not reveal your spouse’s credit history or any debt that exists only in the spouse’s name, but it does give your attorney a snapshot of what may come to light in a contested divorce.

4.    Stay organized

It’s best to keep copies for yourself of all the documents pertaining to income, assets, and debt. Also, make a list of jobs held and degrees attained during the marriage, and in what years they occurred. Place all of this in a binder or folder that you keep in a safe, private place. If your attorney has a question, you can find the answers quickly. 

5.    Create a custody journal

If the divorce is contested, it’s likely that custody of minor children will be dragged into it. These are very emotional discussions, so you need to have facts to share with your child custody attorney. Write down the parenting tasks and activities you are handling and those your spouse is handling. Record if your spouse is prompt when picking up or dropping off children. Make notes of any concerns you have about the safety of your children or situations they may be exposed to. Always place dates on your journal entries.

Protect your interests by involving an experienced Perna & Abracht LLC divorce attorney as early as possible in the divorce process.

This blog was originally posted on https://www.pa4law.com/5-things-you-must-do-to-prepare-for-a-contested-divorce/

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Getting Compensation for Premises Liability in Slip & Fall Accidents

Sometimes in movies and TV shows, actors are shown to fake a slip and fall accident in order to collect monetary damages from a business owner. In truth, it is difficult to fake an accident like this because both sides will investigate the claim, and true negligence is more challenging to prove than you might think.

If you have been legitimately injured on another person’s property, your personal injury attorney will still have to establish that the owner of the property is liable for an unsafe situation that caused your injuries. If your attorney has evidence to prove this, he or she may be able to reach a settlement with the property owner’s insurance company. If a settlement is not reached, your case may go to trial and a judge or jury will make the final determination.

What if the owner of the business was nowhere near the premises when you were injured, but an employee or agent of the property owner was present? Then this person’s actions (or lack of preventive action) could make the owner liable for your injuries.

The best accident attorneys will investigate these questions:

1.    Who are all the parties who may be liable for your injuries?

2.    Did actions by these parties cause your injuries?

3.    Did actions the parties failed to take cause your injuries?

Your attorney will need to be prepared to counter a defense that asserts your actions or carelessness caused the injuries.

Understanding liability and negligence

Suppose you were injured when you stumbled due to an uneven walking surface when attempting to enter a business. The property owner could be held liable for the injuries if a reasonable person would have realized this was an unsafe condition, and the property owner had enough time to fix the unsafe condition

If both of these conditions are met, the property owner could be considered to be negligent, and thus liable for monetary damages to the injured person. It seems simple, but it is not always so straightforward. Suppose also that the uneven surface was not easy to recognize, or perhaps the condition causing the uneven surface happened just last night. These questions will arise when determining liability.

Another issue that will be raised is whether you caused the injury through your own behavior. If the property owner or employee posted a warning sign saying the surface was uneven, and you ignored the sign and walked on the surface anyway, you may be accused of causing your own injuries.

According to the American Bar Association, states have varying rules that say how long you can wait to file your personal injury claim. For instance, Pennsylvania has a two-year “statute of limitations.”

If you have been injured in a slip and fall accident, you should:

•    Take photos of the area where you were injured, showing the hazards that caused your injuries

•    Do not describe your injuries to an insurance representative or the property owner until after you have been examined by a doctor

As quickly as you can after the accident, contact experienced PI attorneys like those at Perna & Abracht LLC, who will advise you about the next steps to take in obtaining compensation for your injuries.

This blog was originally posted on https://www.pa4law.com/getting-compensation-for-premises-liability-in-slip-fall-accidents/

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5 Steps You Should Take if You Are Injured in a Motorcycle Accident

Emotions run high after any motor vehicle accident, and these emotions are not your friend. If you are injured in a motorcycle accident, it is important to remain as calm as possible and act logically to call for help, document what happened, and gather information from the other parties involved in the accident. Be sure to stay focused on these tasks and do not make any comments or have conversations that could be interpreted as admissions of fault. Following are five steps to take to assist your personal injury attorney in achieving a successful outcome for your claim of personal injury.

1.    Check for injuries. It may be apparent that you are injured, or perhaps not, as you may be stunned and overcome with emotion. Carefully check yourself for the type and severity of injuries, and then check to see if others have been injured in the accident.

2.    Documentation. Everyone carries a mobile phone these days, and if yours is handy (and you are able), it is a good idea to take photos immediately (before any vehicles are moved).  The best car accident lawyers would suggest taking photos of the vehicles involved and the surroundings. Remember that the aftermath of an accident can be dangerous, so do not risk further injury to yourself or to others in an attempt to take the photos.

3.    Make the scene as safe as you can until help arrives. This would include moving your motorcycle off the road when it is safe for you to do this. Drivers of oncoming vehicles do not know there has been an accident, and having vehicles and debris on the roadway could cause more accidents and injuries. According to the American Bar Association, this could be considered negligence and you could be held responsible.

4.    Call 911 right away. Making the 911 call is not considered to be an admission of fault or guilt. If you have called 911, a police officer will arrive and collect information for a police report. This is likely to be an important document in your personal injury claim. Speak with the police officer, get his or her name and badge number, and find out where the police report can be obtained. Report the injuries you have observed or that have been reported to you. Also gather information about the other driver(s), passengers and witnesses, ideally including:

•    Names, phone numbers and email addresses

•    Make and model of involved vehicles, their license plate numbers and vehicle identification (VIN) numbers

•    Names and contact information for insurance companies

5.    Inform your insurance agent. This should happen as soon as possible after the accident. Be prepared to share the documentation and information that you gathered. The best accident attorneys will advise you to avoid describing your injuries or the damages to your motorcycle at this time. Tell the insurance agent you will report your injuries after being examined by a doctor, and damages to your motorcycle after a mechanic has looked at it. The extent of injuries and damages often are not immediately apparent.

What are the reasons you may need an attorney after you have been injured in a motorcycle accident? Maybe your injuries are severe and/or will have long-lasting effects on your health and your ability to work. Perhaps you were not at fault and the other involved parties claim it was your fault. Your insurance company might deny your claim. All of these are reasons to contact the experienced personal injury attorneys at Perna & Abracht, LLC who will assist you in achieving the best possible outcome.

This blog was originally posted on https://www.pa4law.com/5-steps-you-should-take-if-you-are-injured-in-a-motorcycle-accident/

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When Do You Need to Hire a Motor Vehicle Accident Lawyer?

Motor vehicle accidents are a common occurrence. If the accident you are involved in is minor (a so-called “fender bender”) and no person is injured, you can likely handle filing the insurance claims yourself. However, a more serious accident can have far-reaching effects on your health, career and entire household.

If you or another person is injured, there is potential for these consequences. You should hire a car accident lawyer as soon after the accident as possible. In every state, there are differing deadlines for filing a personal injury claim. Also, good legal advice will help you to avoid making mistakes that could be costly to you and your loved ones.

Motor vehicle accidents are the most common reason for a claim of personal injury in the U.S. That does not make filing these claims easy or simple. When personal injuries have occurred, you need a top rated personal injury lawyer to help you with the huge amounts of documentation and interaction with insurance companies. An experienced attorney will also ensure that you are fairly compensated for medical bills and other losses that occur now, and which may continue to affect you for many years or the rest of your life.

If the worst has happened, and a loved one has been killed in a motor vehicle accident, an experienced attorney is your family’s most important ally, particularly if the driver was impaired due to alcohol or drug use or was driving recklessly.

How to choose a motor vehicle accident attorney

The best accident attorneys are well-versed in handling the array of issues caused by personal injury, wrongful death, destruction of property, and liability determinations.

The outcome of your case will depend on your attorney’s knowledge of state and national transportation laws, experience in dealing with insurers and medical care companies, and proven ability to prepare and settle a personal injury claim. Here are six questions to ask a car accident lawyer:

1.    How much of your law practice is focused on motor vehicle cases?

2.    Please describe your experience in handling cases with this type of injury.

3.    In your experience, what is a typical settlement for a case like mine?

4.    Will you handle my car accident case yourself?

5.    What is your fee structure for this type of case?

6.    Do I have to pay for expenses you incur on my behalf?

Always check your lawyer’s background and references to make sure he or she has the track record and experience to handle a case like yours.

Legal fees

An attorney experienced in car accident cases will only accept your case if he or she believes that monetary damages are likely to be recovered. The usual fee arrangement is a contingency basis, which means the attorney only gets paid if he or she wins monetary damages on your behalf.

According to American Bar Association, the typical fees of an accident lawyer will be about 30 to 40 percent of your total compensation. Be aware that costs incurred on your behalf are not the same as attorney’s fees. You may be required to pay for some expenses out of your own pocket (clarify this with your attorney).

If you or another person has been injured in a motor vehicle accident, don’t delay in contacting Perna & Abracht, LLC to connect with an experienced car accident attorney.

This blog was originally posted on https://www.pa4law.com/when-do-you-need-to-hire-a-motor-vehicle-accident-lawyer/

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Personal Injury Lawsuits: 13 Things You Should Know

It’s often traumatic to suffer an accident or injury, and the consequences can be life-changing. If another party is liable, you have grounds for a personal injury lawsuit. Here are 13 things you should know that could help your case.

1.    Document the injury from the very moment it happens, before you even meet with your attorney. Take photos and/or videos (even if you must ask someone at the scene to help you).

2.    Write down everything you can remember about the incident – before, during and after - and obtain names and contact information of any potential witnesses (this is especially important if you were in a car accident.)

3.    Contact Perna & Abracht LLC at (610) 444-0933 to consult with an experienced personal injury attorney who will guide you and protect your interests every step of the way.

4.    Your personal injury attorney will also need documented evidence proving the extent of your injuries. Be sure to include not only physical injuries, but mental and emotional as well.

5.    Keep records of all your treatments and record any impact on your work and personal life. You may want to consider keeping a daily – or even an hourly journal -- to assist your accident lawyer in building your case.

6.    If a defective product injured you, keep the product in precisely the condition it was in at the moment you were injured. Also, keep all packaging, instructions and receipts that accompanied the product.

7.    In all cases, visual evidence is helpful to your attorney, as are expert testimonies from professionals who can collaborate your story. Your attorney will guide you in gathering evidence to build your case.

8.    Your attorney will take your case through civil court proceedings and will try to contact the other party to reach a settlement (filing an official lawsuit may not be necessary).

9.    Settlements may occur before, during or after any lawsuit is filed.  It is almost always best to seek this course first as it the fastest and easiest way to reach an acceptable conclusion for both parties. Negotiations will take place between personal injury lawyers who will then present the proposed settlement terms to both parties.

10.    You, the plaintiff, will agree to cease any legal action towards the defendant for an agreed-upon monetary amount. Special cases may require further action beyond monetary compensation.

11.    If both parties agree to the terms, then the personal injury lawyers can settle the case without ever taking it to civil court. For your own protection, be sure to consult with your Perna & Abracht LLC attorney before agreeing to any settlement, because insurance companies are notorious for trying to entice injuries claimants into settling the case for less than the claimant is entitled.

12.    Settling a personal injury lawsuit out of court can be beneficial. It spares you the duress of what could be a nasty and exhausting trial. Additionally, you can structure the settlement to meet your disability needs or to take advantage of tax benefits. Your attorney will be able to recommend the best settlement structure for you.

13.    If your case is strong enough, you may be able to obtain a larger settlement via court proceedings. Your attorney will want you to consider your future needs. What if your injuries later present future problems that presently, you haven’t even begun to consider? Not to mention simple changes in the economy that could render the settlement amount insufficient.

It’s important that you sit down as soon as possible with your personal injury lawyers at Perna & Abracht LLC to discuss your injuries and the circumstances of your case. Your attorney can help determine the best course of action for you.

This blog was originally posted on https://www.pa4law.com/personal-injury-lawsuits-13-things-you-should-know/

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8 Reasons You Should Hire an Attorney for a Bicycle or Pedestrian Accident

If you are injured while riding a bicycle or as a pedestrian, you should hire a personal injury lawyer as soon as possible after the accident. There are eight good reasons why it’s important to act quickly to hire an experienced attorney in these cases:

1.    Injuries are more severe. Because, as a cyclist or a pedestrian, you are totally exposed to the vehicle that hit you as well as to the ground, road surface or sidewalk. It’s possible you were “pinned” between them, and this produces greater trauma than if you had the protection of a vehicle around you. As a pedestrian, severe injuries can occur if the car is going as slowly as 10 miles per hour; pedestrian fatalities can occur when the car is traveling just 30 miles per hour

2.    At first, you may not know how badly you are hurt. If you are injured as a cyclist or pedestrian, and are conscious or even walking after the accident, you are likely to just be glad you survived. In your relief, you may not realize how badly you are injured. An experienced attorney knows that there may be serious injuries and long-term adverse ramifications that you do not grasp at the moment.

3.    You are not thinking clearly.  No matter if your injuries are minor or severe, you will be traumatized by the unexpected impact of a motor vehicle. This trauma will have an immediate effect on your ability to think clearly and act on your own best behalf. A personal injury attorney can take charge in a clear-headed and experienced manner.

4.    Insurance companies are not your friend. As with any type of accident, you should not have a conversation with an insurance company representative before speaking with your attorney. Good car accident lawyers know that insurance companies are not looking out for your best interest. Insurance companies usually are looking to minimize the amount of compensation they will have to pay. Do not say anything about your injuries, how you are feeling, or what actions you might be taking in the future before consulting with your attorney.

5.    You must be checked out professionally. The only way to know the extent of your injuries is to be checked thoroughly by medical professionals. This may include medical testing to determine if you have internal injuries or some hidden issue that could impair you in the future. Your attorney will ensure that you are checked-out thoroughly by credentialed medical professionals.

6.    Who pays for medical bills upfront? This is a good question, and your attorney will know the answer. States have differing laws on this; in some states, the driver’s insurance company is required to pay the medical bills for a cyclist or pedestrian the driver may have hit. As noted earlier, it’s likely for a cyclist or pedestrian to have more severe injuries, and the question of who will pay for immediate medical bills is a very important one.

7.    Recovering losses: your bike. For a person who is not a cyclist, it’s easy to consider your bicycle to be “just a bike.” Yet any experienced cyclist knows that bikes come in a wide range of price tags. Insurance adjusters usually are not well-versed in bicycle valuations and may drastically downgrade the amount of your loss. It’s even worse if the adjuster recommends repairing your bike, as bicycles involved in a car accident generally cannot be restored to their previous condition. Your attorney will take action to ensure that you receive fair compensation for the loss of your bike.

8.    Recovering losses for injuries and long-term ramifications. It’s very difficult to calculate a fair compensation for injuries suffered, particularly those with long-term ramifications. An experienced accident lawyer will protect your interests by professionally valuing your claim and by seeking fair compensation for a cyclist or pedestrian.

If you have been injured in a bicycle or pedestrian accident, contact Perna & Abracht LLC for a thorough evaluation of your case and your best next steps.

This blog was originally posted on https://www.pa4law.com/8-reasons-you-should-hire-an-attorney-for-a-bicycle-or-pedestrian-accident/

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