My Civil Advocate

In post-divorce situations, there is sometimes tension between two premises: 1) It is generally best for ex-spouses' children to maintain ongoing relationships with both parents; 2) welfare of the children must not be compromised. If the custodial parent believes that their children will be harmed in some ways with unsupervised visits with their ex-spouse, emotionally or physically, he/she may file a petition with the court requesting supervised visits. Solid reasons and evidence must accompany such a request. Generally, dislike and bitterness toward an ex-spouse are not going to cut it. A hearing will be scheduled during which both parties can state their case and defend themselves. Reasons a court may order supervised visits include the noncustodial parent having problems with drug or alcohol abuse; a history of physical and/or emotional abuse; the noncustodial parent and child have been separated for a long time and or have never spent time together; or the noncustodial...

Opioids are drugs that act on the nervous system to alleviate pain. Some can be legally prescribed by medical doctors; others are illegal, such as heroin. Since the year 2000, the number of heroin users in the United States has nearly tripled, to over 1 million. Deaths attributed to heroin have increased five-fold. All social and economic statuses are affected by this highly addictive and deadly drug, and it has springboarded from once-narrow belt across the Northeast to Midwest to infiltrate every area of the country. In its wake lies shattered families, child abuse and neglect, the heartbreak of infants born into addiction, and the spread of affiliated diseases (e.g., hepatitis and HIV). In the late 1990s, many pharmaceutical companies promoted a wider use of opioids, such as OxyContin, claiming the risk of addiction was extremely low- which wasn't true. Doctors overprescribed opioids on a grand scale for well over a decade. Many patients became hooked. In recent years, the...

According to a North Carolina Department of Insurance study, over 3.5 million child injuries occur on school grounds or during school-related activities each year in the United States. Sometimes an accident is just that - an accident. Other times an injury may be caused by an intentional act, or the negligence of the school or one of its employees. Bullying is an example of an intentional act. In some instances the school may be held responsible if it knew the bullying may tak place but did not respond appropriately to prevent it. Teacher abuse of a student may leave a school district vulnerable to liability for failing to conduct thorough background checks, offer proper training, or implement acceptable oversight. Schools are obligated to provide shelter, food, transportation, and a safe environment for its students. Generally speaking, if a school fails to follow accepted standards of care in providing these services, and it causes harm to a child, then the school is negligent. ...

Domestic violence intrudes on the lives of approximately 4 million people each year, 95 percent of whom are women. Children, other relatives, friends, and employers suffer the ripple effects as well. Protect your and your children's lives and well-being when the threat of violence and abuse looms by calling the police if necessary. Then immediately contact a domestic violence relief agency for direction to a safe shelter. If divorce is an option you want to pursue, be aware that domestic violence changes the entire equation. In divorce proceedings devoid of violence, just up and leaving with the children in tow without what the court considers a good reason may negatively impact alimony payments and the ability to return to the house until property is divided by the court. When domestic violence is in play, however, safety is an overwhelming objective. Leave for a safe haven; focus on legal matters when you are safely situated. A court order may be obtained on the fast track ...

"Pain and suffering" is a key component in many personal injury cases. There are two types: physical pain and suffering, and mental pain and suffering, and mental pain and suffering. Physical pain and suffering covers not only the ill physical effects that a claimant has suffered to date, but also what they are likely to endure in the future as a result of the defendants negligence. Mental pain and suffering is an offshoot of the claimant's physical injuries and the trauma of an accident. It can include anxiety, anger, depression, humiliation, sleep disorders, fear, and loss of enjoyment of life, among other negitive effects. It encompasses what hte victim has suffered to date as well as what they will likely endure in the future. Calculating compensation for pain and suffering is an imprecise task; there are generally no set guidelines. In most states, judges simply instruct the jury to utilize good common sense and to draw upon their individual backgrounds and exper...

If you believe malnutrition is not a problem in today’s modern facilities you could not be further from the truth. Estimates are that at least one third, and possibly a much higher percentage, of nursing home residents suffer from malnutrition despite the fact that it can typically be prevented. This number is particularly troubling when you consider that approximately 1.5 million Americans reside in nursing homes. So why is malnutrition such a major problem in our nursing homes today?