Understanding Temporary Parenting Plans
When it comes to diving headfirst into lengthy formal child custody proceedings, those on the inside tell me (from personal experience or observation) that this isn’t something that most people want to do right out of the gate.
Instead, we often find that it is far more common for parents to prefer to first give themselves some time to sort out what is actually best for them and, more importantly, what is best for their children. Asking for help (or not knowing where to even start) when it comes to co-parenting can be extremely difficult.
This is precisely where a temporary parenting agreement can come in handy.
What Is A Temporary Parenting Agreement?
A temporary parenting agreement is really just what it sounds like — an opportunity for parents to come together and agree upon a temporary plan to move forward with their kids’ well-being at the forefront of every decision.
Essentially, parents will work together and form an agreement that advances the best interests of the children during an interim period of time. In Virginia, there is no designated timeframe for how long this will be. Instead , it can extend until the permanent custody and visitation issues can be resolved by a court, referenced by the Family Court On-Line Reference Guide as well as the Virginia Code § 16.1-281.
When Are Temporary Parenting Agreements Used?
More often than not, we find that parents will need a temporary parenting agreement before the case goes to formal trial. They’re especially helpful for those who are caught in a particularly contentious situation, as this gives them room to regroup and refocus.
Think of it as the proverbial "time out" period. In this way, it’s only partially useful as a strategy for protecting your parental rights simply because it is not a permanent solution. Instead, it’s meant to provide parents with an opportunity to discuss and negotiate on paper that which may not be possible during less than civilized discussions.
It’s not uncommon, for example, for one parent to not feel that the children should be returning to school for the time being. Can an agreement’s primary focus be the education of your children? How about a parenting agreement focused on health care?
What Are Exponents?
Before we can get into the essential exponent laws and how to apply them, we first need to talk about exponents and why they are so important.
So what are Exponents?
Essentially exponential numbers are repeated multiplications of a constant. We can define an exponent as a small number that is placed above or beside a number that shows how many times that number is multiplied. An example of an exponent is: 5^2 = 5 * 5 We can separate this into two parts (a base and an exponent) and put it into the following formula. 5^2 = 5*5 = 25 As you can see from the above example 5 is the base number and the exponent shows how many times we need to multiply the base number . In the example 2 was the exponent which simply meant to multiply the base number 5 by itself 2 times to reach the answer 25. A more complex example would be: 2^3 = 2*2*2 Yes, the rules do not change, so 2^3 would also work out to be 8, but to prove it we still have to show the process we can break it down: 2^3 = 2* 2 * 2 or we could jump to the point where we see that we have it solved as 2^3 = 8. As you can see – there is no magic behind exponents, they simply represent how many times you need to multiply the base number to reach the final number (which is called the result).
What is Parental Alienation?
Parental alienation occurs when one parent makes disparaging and hostile remarks about the other parent, in the child’s presence or direct hearing, purposely attempting to distance that parent from the child. It can occur in any family structure and is not unique to divorced couples. Parental alienation is an issue that comes up often in contested custody cases. As set forth in the Massachusetts 2009 Appeals Court decision of Bourgeois v. Bourgeois: "Parental alienation syndrome is ‘a psychological disorder in which a child, usually one of divorce parents, allies itself strongly with one parent and wholly rejects the other parent.’ It is a disorder that encompasses the ‘totality of a child’s behaviors following a period of negative comments, criticism and abuse provided directly and indirectly to the child by the parent seeking to alienate the other parent’s affection and relationship.’ " Evidence of this custody-evaluating psychologists often rely heavily on are signs of the syndrome in the child, notably: (1) a lack of ambivalence (the child views his or her parents purely as good or evil) , (2) rejection without justification, (3) a rationale for the rejection that does not make sense, (4) a lack of remorse of the rejecting parent, (5) contribution to the problem by the preferred parent, (6) parental support of the child’s denigration of the rejected parent, (7) absence of normal human emotions for the rejected parent, (8) the child’s retelling of the rejection in a rehearsed manner, (9) the child’s need for public denouncement of the rejected parent, (10) the child’s appearance of being forced to choose, (11) the child’s overreaction, and (12) an absence of appropriate anxiety over parental separation.
Parental alienation is considered egregious conduct by the courts and can actually be used as grounds to deny or modify custody or visitation to that alienating parent.
Parental alienation is also an emerging issue in child support cases as well. If a child is being actively alienated from one parent causing a drastic reduction in that parent’s time with the child, you can argue that the child support should be suspended or reduced.
What is Legal Aid?
Legal aid refers to the provision of legal services to those who are unable to afford them due to a variety of reasons, most notably poverty. Legal aid services seek to ensure that every American has full and fair access to the judicial system and the opportunities that come with it. Historically, legal aid services have been a very important part of the American legal system and the legal system in general; without being able to afford legal representation , many people would lack a chance to improve their lives, avoid injury or danger, or otherwise gain the outcomes that they deserve.
In the modern era, legal aid has become particularly important. In many areas of the country, legal aid services are struggling to keep up with the need for public legal assistance, making them critically important to access for those who need such services.
The Benefits of a Contract Lawyer
Contract lawyers are essential in the legal system. They assist both individuals and companies in making a wide range of legal transactions and issues related directly to their business dealings. A contract lawyer is trained in contract law so that he can help his clients develop sound legal strategies for their future. In a business context, a contract lawyer assists with matters such as business contracts, liability issues, labor relations, sales, property issues, and business reorganization or bankruptcy. When the need arises, the contract attorney can offer the information that individuals require to draft up a lease in a person-to-person real estate agreement. The contract lawyer can help provide the necessary contacts for individuals who are developing an estate plan , or those who need an independent representative for any disputes.
Having a contract lawyer available is just as important to a big company as it is to an individual. Oftentimes, large companies with several locations have to hire a law firm with multiple lawyers to work with them full time. Sometimes, a franchise needs to have all its incoming entrepreneurs have common representation by the same attorney to make sure that they are providing uniform contract agreements. When a franchise does not have a contract lawyer, they can experience liability issues or end up in litigation with some of their incoming entrepreneurs or buyers.
It may be possible for individuals to find a contract lawyer who is willing to have a free consultation with the prospective client. The individual should contact the appropriate office so that the initial needs can be addressed. Contract lawyers usually are based in a number of different cities.
Analyzing RFPs for Legal Services
A Request for Proposal (RFP) is a formal invitation inviting suppliers (in this case, law firms) to provide their services to an organization. Several large organizations typically use RFPs so that they can compare and contrast legal service offerings and pricing options from various firms before making a decision. As you would imagine, RFPs in the legal services arena are much different than those used in other spaces, as the services are much more abstract in comparison to physical products. However, much of the process still parallels that of a traditional RFP.
RFPs are requested when an organization is looking for a major investment, such as a new service, product, solutions, or provider to take on a particular service. This is a common practice for organizations that outsource specific services to third parties. A Request for Proposal for legal services, however, can be a very lengthy and comprehensive process for both the law firm and the business requesting them .
By creating a Request for Proposal, an organization can begin to scope out the services they need, identify potential roadblocks, and gauge the price range for the services they are seeking. Because RFPs are much more structured than a regular Request for Quotation (RFQ) (a much more comprehensive and casual invitation to do business), the RFP process allows an organization to take a look at several law firms side-by-side, showing the exact costs and terms for each one. This is crucial in helping businesses save money, functionality, and productivity when on the hunt for a law firm.
Many companies will also make the mistake of conducting an RFP without consulting with their internal counsel first, which is never a good idea. Internal lawyers need to be able to weigh in with their own experiences to help shape the way that outside firms will interact with the company.
Defining Binary Triggers
A "binary" trigger is a special aftermarket accessory installed in a firearm that allows the shooter to fire a projectile in response to two distinct actions – a pull of the trigger (the first half of a typical trigger pull) and a release of the trigger. It is an enhanced or modified version of a standard trigger. Standard triggers only permit the discharge of a projectile in response to an intentional pull of the firing mechanism by the operator (aka the shooter). Ordinarily, triggers also only permit the subsequent firing of another projectile only with a subsequent intentional pull of the firing mechanism by the shooter – i.e., shooting occurs one time for each intentional pull of the trigger, and no firing occurs without such an intentional pull . A binary trigger varies from a standard trigger only in that it allows a second type of intentional act to cause the release of a projectile. As its name implies, a binary trigger releases a projectile in response to two distinct acts: first, an initial intentional and controlled pull of the trigger, and second, a subsequent intentional release of the trigger. In other words, the first pull discharges one projectile, and the intentional release of the trigger discharges another projectile. No firing occurs if only one of these two intentional acts is completed, but firing does occur if the shooter completes both distinct intentional acts.
What Is a Non-Compete Agreement?
Non-compete agreements, commonly referred to as non-competes, are contracts between an employer and an employee in which the employee agrees, either during or after his or her employment with that employer, not to use or disclose the employer’s trade secrets or other confidential information, or not to compete with the employer’s business. In other words, non-competes protect business’s intangible assets by restricting competition from former employees. With the right restrictions, a non-compete generally ensures that an employee can’t go directly from his or her employer to a competitor of that employer without some sort of punishment.
While non-competes are used in many industries, employers in highly competitive fields like technology, financial services, manufacturing, and specialized professional services rely on them heavily. Non-competes are popular with employers because they give business owners peace of mind that former employees can’t easily leave, take business contacts with them, and immediately compete with the employer . Even if the non-compete isn’t enforceable, they serve their purpose as an effective deterrent against employees who plan to leave and compete.
North Carolina law broadly authorizes the use of non-competes in most industries. The only limitation is that the restrictions imposed on an employee must be reasonable under the particular circumstances that surround the employee’s role in the company, his or her knowledge, the interests of the employer, the employer’s industry, and the geographic area in which the employee’s competition may take place. Overly restrictive non-competes may not be enforceable, however. For example, a non-compete with extreme time, distance, or scope-of-business restrictions may not be enforceable under North Carolina law. The reason for this is that a non-compete is a restraint on trade that must be necessary for the protection of the employer—not the public or employee—and not overly broad in time, scope, or geography. If a non-compete is unduly restrictive, there are many instances in which a court may refuse to enforce it in its entirety or strike out the overreaching restrictions altogether.
What is an Estate Sale Contract?
An estate sale agreement is a legally binding document that serves the purpose of transferring the ownership of property from an estate to a buyer. This type of agreement is most often used when the property is being sold by an estate, usually conceptualized as a sale that is the result of a court order to do so either before or after the actual sale takes place. The estate may be selling the property to pay off debts, solve any distribution problems or simply just get rid of properties that are no longer needed by the estate.
In a general sense, this type of agreement is simply a real estate contract that includes a few additional particulars that address the unique situation of an estate sale, and insures that all legalities are dealt with.
Typically, an estate sale agreement will include the basic information of a real estate contract, including things like parties, description of subject property, price and closing date. However, these basic clauses will generally need to be expanded, and if there are two or more dates involved, for instance, all of them need to be addressed . There may be a date for sale, a date for preparing the documents and a date for signing the documents.
In addition, the agreement needs to have something regarding the order which gave the order to sell the property. This may not seem like a necessity, but it’s important in order to protect all involved from unexpected losses that can occur if a new heir comes forward after the sale (since the new heir will likely not have a share of the estate to receive). It also protects the buyer, in case the seller does not adequately meet the requirements for the sale when it comes to documents and other preparation. This includes a clause that protects the buyer from damage to the property that occurs between the time of signing and a later closing date.
In most estate sale cases, an estate sale agreement is a necessary document in the transactions that occur among the estate and buyers, and it helps to ensure that both parties are protected during the process.
The Profession of Legal Assistant
Following years of growth in the technology sector, the legal profession is rapidly becoming an increasing source of job opportunities. Perhaps no city is benefiting from this growth more than Murfreesboro, TN. For example, the legal assistant job opportunities in Murfreesboro, Tennessee have made it one of the fastest growing employment markets in the country for legal professionals.
Legal assistants play a vital role in the management of law firms. They often handle a variety of tasks, such as billing, client care, and research. In many cases, legal assistants often have specific responsibilities across departments; those who handle family work, for instance, would be responsible for coordinating client meetings, ensuring that the attorneys in the department are properly prepared, and general administrative work. In contrast, legal assistants who are positioned in litigation could be responsible for conducting research , coordinating witnesses and other parties involved in sacrifice or trial, organizing files, and preparing correspondence. Regardless of their departmental responsibilities, organizations require that legal assistants maintain confidentiality at all times.
While there is no single defined career path to becoming a legal assistant, most follow a similar course: In general, aspiring legal assistants will pursue an associate’s degree, and some may even continue their education with bachelor’s or master’s degrees. In addition, legal assistants must complete additional training in the form of internships. Some go on to pursue certification, as well. Finally, legal assistants tend to have significant customer service and organizational experience, which comes from positions such as those in retail or customer care. Legal assistants should also possess strong written and spoken communication skills.