Substantial and Continuing Change of Circumstances that can Warrant a Change on Original Custody, Support and Visitation Court Decisions

A court decision on divorce-related issues, especially those that will affect a child directly, and especially too if the child is very still young, is meant to last; this is due to the fact that children need stability in their lives.

However, an ex-spouse wanting to change a prior decree with regard to the issue of child custody, child support or visitation rights, is no longer unusual. Courts also recognize that changes are most likely to happen, add to this the changing needs of the child as he/she grows (thus, a parenting plan aimed at serving the best interest of an infant may not be applicable to best interest of a 12-year-old or the best interest of a teenager). The only thing necessary is that the “movant,” that is the party seeking the change, be able to show a substantial and continuing change of circumstances, such as:

  • A parent having dramatic changes in his/her job, income, home, or having new children;
  • Relocation to another state;
  • Problems relating to the proper care of a minor child;

A parent having alcohol or drug problems, or exposing his/her your child to drugs, alcohol, pornography, or physical or mental abuse (it could also be that when the time the court decided on the custody or visitation issues, one parent had alcohol and/or drug issues, but which, after some years, have already been corrected, making him/her a parent fully capable of properly caring for his/her child;

  • The child has grown older so that his/her needs and desires have changed;
  • The custodial parent, re-marrying, passing away, or developing a health problem that will limit his/her capability in performing his/her duties in caring for the child;
  • A custodial parent going on active duty and voluntarily relinquishing his/her custody rights to the other parent;
  • The custodial parent alienating the child from the non-custodial parent by creating situations that will render scheduled visitation rights impossible;
  • The custodial parent turning the child against the non-custodial parent by consciously and systematically sullying his/her reputation or by spreading hurtful information against him/her through negative comments, ill-talks and/or false accusations. This attitude is known as Parental Alienation Syndrome (PAS); and/or,
  • The custodial parent, with the child, secretly moving to a distant location or another state in order to keep the child away from the non-custodial parent. This is actually a violation of the divorce decree stipulation that requires custodial parents to inform non-custodial parents regarding plans of moving to another residence, whether in the same city or in another state.

According to the law firm Higdon, Hardy & Zuflacht, the movant can pursue a modification by petitioning the court where the original divorce proceedings took place. It is possible that the court will not permit modification requests, but having a knowledgeable modification attorney on your side, who is familiar with what it takes to get a modification approved, may be able to help you get satisfactory results.”

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A particular brand of baby’s crib caused the lives of six children, all below 2 years old, between 1993 and 1998. The crib’s defective design made it to collapse on its own and, as it collapsed, it trapped the necks of the babies strangling them until they died.

The last death, which was in 1998, involved a 16-month-old baby named Daniel “Danny” Keysar. It was discovered that way back in 1993 a recall on the crib was issued. News of this recall obviously did not reach the parents of the babies, three of whom died in 1995 and two in 1998, or none of them would have died.

Regulation of the manufacture and sale, as well as ensuring the safety of consumer products, including children’s toys and nursery items, is the duty of the Consumer Product Safety Commission (CPSC), a government agency that was created in 1972. The CPSC’s specific tasks include:

  • Determining the allowed size of children’s toys;
  • Setting limits for toxicity of, and noise produced by, toys;
  • Making sure that toys’ batteries and magnets are inaccessible to children;
  • Ensuring the removal of sharp parts and edges which can wound children;
  • Requiring manufacturers to display product labels that will warn parents about a toy’s possible dangers;
  • Issuing recalls on harmful products; banning of products that can cause danger; and,
  • Formulation of product safety requirements.

Every year, about 69,000 children in the U.S. are rushed to emergency departments due to defective nursery and children’s products. In 2014, due to defects, the U.S. Consumer Product Safety Commission issued recalls on 17 million children’s products, which included infant carriers, full-size and non-full-size cribs, portable cribs, high and hook-on chairs, infant slings, strollers, walkers, infant bathtubs, play yards, stationary activity centers, swings, and toddler beds, among others. During this same year, the U.S. Public Interest Research Group (PIRG), a non-profit organization, released a report which identified potentially hazardous toys and gave parents tips on how to purchase only safe toys for their children; the report was titled “Trouble in Toyland.” The World Against Toys Causing Harm, Inc. (W.A.T.C.H.), another non-profit organization, also shares valuable information on dangerous children’s products in order to protect children from harmful toys.

A law firm called Schuler, Halvorson, Weisser, Zoeller & Overbeck, P.A. says that product designers, manufacturers, distributors, suppliers, and advertisers all play a role in delivering a product into the hands of a consumer, and all of these parties bear a responsibility in ensuring that the product is safe for use. Unfortunately, even a small oversight at any point can make a product dangerous to users, resulting in serious injuries, illnesses, or even death in some cases. Defective and malfunctioning products are responsible for thousands of injuries and fatalities in the United States every year. All those involved in the chain of distribution may be considered liable for any harm that will be suffered by innocent consumers.

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According to the National Highway Traffic Safety Administration (NHTSA), speeding, which occurs in 33% of all fatal motor vehicle crashes, is the third leading contributing factor in road accidents. While it is true that driving fast will mean shorter time of travel, it is also true that, with speed, is greater risk of a car crash that can result to greater damage to property and more severe physical injuries.

Speeding, or driving at excessive speed, can mean driving beyond the determined speed limit or driving at the allowed maximum speed, but at times when road condition is not safe, like when the road is wet and slippery due either to snow or heavy rain, when the road is covered in mist or fog, or when there is road construction going on. According to the Insurance Institute for Highway Safety, a total of 32,675 people died in motor vehicle crashes in 2014.

Despite the danger it presents, many drivers overspeed because:

  • They think that overspeeding is neither dangerous nor a serious traffic violation
  • They need to keep an appointment or be on time for work
  • Insurance firms will shoulder the burden of costs in the event of an accident
  • They are not aware of what the maximum speed limit is
  • They believe that they are in perfect control of their vehicle despite driving too fast.

Every year, about 13,000 lives are lost due to overspeeding and the ones most prone to committing this traffic violation are male drivers whose ages range from 17 to 24. Drivers who overspeed should realize that speeding cars take a longer distance and time to stop; driving at fast speeds also makes chances of drivers committing errors higher.

As explained in the website of Karlin, Fleisher & Falkenberg, speed limits are intended to keep people safe; thus, when people choose to drive faster than the speed limit allows, they demonstrate an obvious and willful disregard for the safety of others that is likely to make them liable for any accidents they cause. This is a case wherein a person, who is hit by an overspeeding driver, can file a legal claim for all damages that he or she has been unjustly made to suffer.

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Main Cause of Birth Injuries

Whenever a female becomes pregnant she and her unborn child is going to be beneath the treatment of an OB/GYN (Obstetrician/Gynecologist), whose job is to give you the mother-to-be with the medical care that she and her child needs. This medical care, that will be to ensure that both mother and child come in ideal wellness, often begins during pregnancy and goes on through work until puerperium, that is about six days after labor (some women, nevertheless, regularly check with an OB/GYN even before pregnancy). A part of this treatment is the suggestion of the best prenatal supplements, the performance of regime check-ups to be sure that the baby it is not experiencing any birth defect or from a folic acid deficiency and is underweight nor malnourished. Months ahead of work, the medic should also ensure that the placenta, as well as the umbilical cord, are in healthy positions and in appropriate health and that the dimension of the baby is not too large to retain him/her from driving through the beginning canal correctly, normally this can cause a birth damage if no alternate supply strategy is going to be made.

One error by way of a doctor or even a nurse during delivery may permanently change the life of a recently blessed and his/her household and, sad to say, delivery injuries are not isolated medical negligence situations as 6 out-of 1000 babies delivered in the US are influenced by it.

It’s the principal work of doctors to provide the level of focus and medical care expected of them. Therefore, if your physician fails to supply the standard of care required inside the medical field, he or she operates of creating severe damage, illness, as well as death the risk. Medical malpractice laws hold medical care companies in charge of their mistakes.

Actually doctors reveal how functions of negligence have come to start incidents which, in many cases could have easily been stopped. Several of those negligent acts include:

  • Failure of the physician to propose diet regime and the mandatory supplement towards the mom; execute all necessary exams; and, examine the unborn baby’s wellness and overall problem in the uterus that is mother’s
  • Disappointment of the doctor to perform (or not execute) a crisis C-section or cesarean surgery
  • Failure of a doctor to effectively observe the infant’s problem through pregnancy’s different stages
  • Rotating or tugging the baby badly during the delivery
  • Improper usage of start-supporting instruments, just like the forceps
  • Wrong amount or kind of medication given to the mom, both during pregnancy or after birth

Youngsters are always left to have a problem with the effects of delivery injuries for your remainder of their lives, while parents are up against costly medical bills and constant worry about their future for a lifetime. Although birth injury could possibly be irreversible, all three stated attorneys recommend the families of toddlers experiencing a birth injury to consult a qualified legal professional quickly for the settlement (in the liable party) that the law may allow them to state which, ideally, will help in the fiscal requirements of the injured child.

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It is generally understood that commercial airplanes are considered one of the safest ways to travel. As pointed out by the industry report compiled by the Aviation Safety Network or ASN, air travel has only seen 3.2 accidents for every million departures. With over 2.9 billion airplane passengers tallied for the year 2012, it’s obvious that the number of airplane accidents is disproportionately low compared to accidents that occur during other methods of traveling.

While trends show that traveling via commercial airplanes is considerably safe, passengers still cannot discount the fact that accidents may continue to occur. Even airplane accidents are very rare, there’s no way to completely eliminate some of the risks involved in air travel. This is especially true when we consider the common safety concerns that arise when it comes to traveling by airplane. Accidents in the airway are commonly caused by factors that are much harder to control, foresee, or predict. An example of these factors is inclement weather, which is one of the most typical issues met by pilots while operating airplanes. Pilots can only do so much to ensure that the vehicles they are operating is safe from any disturbances in the atmosphere.

There are also occasions when airplane accidents are caused by instances of human error or negligence and many personal injury attorneys in Chicago have seen the consequences of such mistakes. The following are some of the other possible scenarios that lead to airplane crashes:

  • Mechanical failure
  • Pilot error
  • Pilot intoxication
  • Airline negligence
  • Air traffic control error

All in all, we can conclude that airplane accidents are quite easy to prevent. Judging by the infrequent rate that such accidents occur, there are many ways that airlines can ensure the safety of their passengers. Failure to properly screen their pilots and maintain their fleet can leave passengers vulnerable to unwanted and tragic incidents. When this happens, airlines should hold responsibility for their mistakes and contribute to helping victims bounce back from the trauma they experienced.

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