It's unfortunate, but more times than not we see loving fathers getting a raw deal because the Family Court Judge simply has his or her blinders on when comes to who fits the perfect mold as a primary custodial parent.
To be fair, we believe that this has more to do with our subconscious than some malfeasance on the part of judges (though we have seen this too). We are naturally hardwired to see mothers as the loving and nurturing parent, while fathers are the "providers," always out scavenging for the next meal, and thus cannot be counted on to be present at all times.
This paradigm is finally changing in America with the help of the internet and various fathers rights communities. We are seeing for the first time just how widespread discrimination is when it comes to a father's constitutional right to rear his children.
West Virginia is still lagging behind when it comes to seeing fathers as co-equals in marriage and rearing children. That's why we are one of the few who offers services as West Virginia Fathers Rights Lawyers. We believe that every child needs a father. We have the expertise it takes to get you a fair shake in front of West Virginia family courts. Call us to learn more.
Over the years that we have practiced child custody/guardianship law in West Virginia we have seen many attempts to persuade the courts with unique arguments. Luckily, only one consideration has remained the most important for our Family Court Judges -- that is the "best interest of the child."
Courts will always make decisions for children placement and custody based on what they determine to be the best interest of a child. West Virginia Code enumerates what the court is to consider when making this determination. These factors are then weighed by the court and, based on the "preponderance of the evidence," the court will either determine that a remedy is or is not in the best interest of the child.
If you are struggling through a difficult West Virginia child custody or guardianship issue, then it pays to see a lawyer who can show you the West Virginia Code as it relates to these factors. Most times it takes a skilled lawyer to show the judge that indeed placing a child in your custody is the best thing for the child.
Even in cases where it seems obvious that the child is better suited with you, we do not recommend attempting these cases without an attorney because emotion will always get the best of you in the court room.
However, if you are forced to enter a custody battle without an attorney, you will do well to remember these words -- Best Interest of the Child.
PEDESTRIAN ACCIDENTS CAUSED BY VEHICLES
The statistics on pedestrian accidents are startling. According to the National Highway Traffic Safety Association (NHTSA), 5,000 pedestrians are killed in motor vehicle related crashes, and approximately 75,000 people in are injured each year. Most of these accidents occur when people attempt to cross busy highways and streets.
PEDESTRIAN ACCIDENTS CAUSED BY DEFECTS
Pedestrian accidents also occur as a result of numerous defects in sidewalks and streets. This results from City or State's failure to maintain sidewalks, parking lots, or failure to plan construction projects accordingly. In some cases, the City may be negligent for improperly planning for pedestrian activities. The City should include reasonable accommodations for pedestrians -- especially handicapped pedestrians.
HAS YOUR CHILD BEEN INJURED IN A PEDESTRIAN ACCIDENT?
If your child has been injured in a pedestrian accident, whether its by a vehicle or property defect, you may recover damages for their injuries. Gaskins Law Group is skilled at determining who is at fault and establishing negligence in such cases. In order to prove negligence in pedestrian cases, you must prove the following:
Today it's common for both parents in a household to maintain full time employment. This trend has resulted in the wide scale use of daycare facilities. Unfortunately, not all daycare facilities take the necessary precautions that they should take. Every parent dreads the thought of dropping their children off at daycare and not knowing what their child is enduring throughout the day. As parents ourselves, we have received the dreaded phone call telling us that our child has been inured. Sometimes caregivers act appropriately, sometimes they don't. That's when the civil justice system can help to get your loved one the compensation they deserve.
Sometimes it may not be apparent that daycare negligence is occurring until it's too late. Daycare facilities have numerous federal and state laws that they must follow. Unfortunately, may of these facilities simply cut too many corners in order to save money. This results in child injuries. If your child's daycare facility has failed to follow any of the regulations, then this is a case of daycare negligence in West Virginia.
Daycare facilities are required to provide the following:
If your loved one has been hurt at a daycare facility, it is imperative that you contact a skilled law firm that understands how daycare liability works. Your loved on may be entitled to compensation for their injuries. Contact the experienced Daycare Negligence attorneys at Gaskins Law Group before it's too late. In some cases, your case may be about to expire, meaning that the Statute of Limitations is close to running. Please do not delay.
Until next time!
When dealing with any type of negligence claim, the standard has always been that of a "reasonably prudent person in same or similar circumstances." This is a mythological person that the court creates in order to determine reasonableness in any situation. The most important question in any negligence case is always "was it reasonably foreseeable?" before liability can attach to any tortfeasor.
But when a negligence case involves children, this reasonably prudent person standard is relaxed because society understands that children simply do not have the same well-formed judgement as adults. This gives rise to some special rules applied by various courts. Many of these special rules will be explained in future blog posts. This blog hopes to explore many child specific personal injuries issues such as: accidents caused by other children, who can negotiate on behalf of a child, parental liability for minors' car accidents, and more.
Seth S. Gaskins, Esq. is a Divorce and Immigration Attorney in West Virginia.