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Legal Custody and Your Child’s Welfare

Posted on June 5, 2019 in Uncategorized

If you are involved a child custody case, you should make sure that you understand the legal terminology. There are two basic kinds of custody: “physical custody” determines where your child will live — with you, with your ex-spouse or ex-partner, or with some third party. Physically custody also, necessarily, determines who will play the greater role in establishing your child’s day-to-day routines. “Legal custody,” on the other hand, determines who will be responsible for decision making in broader areas concerning your child’s welfare.

Different U.S. states lay emphasis in different areas, but, broadly, there are four aspects of your child’s welfare that become the responsibility of the party winning legal custody. The first of these is medical and dental care. The party with legal custody determines where and how often your child goes for routine physical and dental exams, what medications your child should take, how your child should be treated for ailments or diseases, and what steps should be taken in emergencies or other unanticipated circumstances. Sometimes, problems arise over medication. If you have both physical and legal custody of your child, and your child is on medication, you must ensure that your ex complies with administering the medication during times when he or she takes your child for a long weekend according to the visitation schedule. If you have reason to believe that your ex will not comply, whether from negligence or disagreement about the medication, then you may have a case to change the visitation schedule.

The second broad area covered by legal custody is education: where your child will attend school, whether your child should be enrolled in any special education programs, coping with any school-related problems your child may have, and the like. The school will assume that both parents, even if separated or divorced, have equal rights to make decisions about enrollment in special education, unless the custody agreement specifically determines that one parent has sole legal custody and sole decision making power over school matters. Even in this case, both parents have the right to know about a child’s special education program and to sit in on meetings between parents and educators; schools will routinely give copies of a child’s school records to either parent. Before the school can withhold records from a parent, the custody agreement must specify that the parent NOT having legal custody also not be permitted access to school records.

The third area covered by legal custody involves religious upbringing; legally, this area is perhaps the trickiest of all, especially if the separating parents follow different religious faiths. In all custody cases, the court must base its decision on what is in the best interests of the child. However, the First Amendment guarantees the free exercise of religion to all Americans. So if the parent not having physical custody of the child — the noncustodial parent — complains to the court that the custodial parent’s religious activities are not in the best interest of the child, the court must then decide whether to encroach on the custodial parent’s First Amendment rights. Sometimes, a court can dismiss a complaint as frivolous, but in other cases — whether a twelve-year-old boy should be circumcised, for instance — there may be substantial arguments on both sides. Depending on the age and maturity of the child, a court may well take the child’s own wishes into account, and the age of twelve has been used as a threshold point for seeking a child’s own testimony.

Finally, legal custody grants the right to make decisions about a child’s extracurricular activities; it may be difficult to pin down a precise legal definition of this term, but it is generally understood to mean any optional activities outside a child’s established curriculum. There will be ambiguity. Both a routine overnight sleepover at a neighbor’s house and a six-week stint at a rugged deep-woods summer camp can be considered “extracurricular activities,” but only the latter should be a matter of genuine concern to a noncustodial parent. If you have neither physical nor legal custody of your child but hear through the grapevine that your ex has enrolled your sixteen-year-old in an activity that you consider dangerous, you can petition the court, arguing that the activity is not in your child’s best interest. If you have any doubts beforehand, try to spell them out as precisely as possible in the custody agreement.

Courts these days are more and more granting joint legal custody, even if only one parent has physical custody. From the start, then, both parents will continue to have equal input into decision making about their child’s welfare, and these joint legal custody arrangements tend to work best.

Online Paralegal Education – What to Expect in an Online Paralegal Study

Posted on June 3, 2019 in Uncategorized

Most of the online paralegal colleges nowadays offer comprehensive training as well as curriculum for their online paralegal education. Legal assistance is also part of the curriculum where students can learn more on how to become a certified legal assistant.

In gaining or acquiring an online paralegal education, finding the best online college is the first thing to do. Once the best online college is chosen, the entry to the field of law is just as quick and easy.

When availing online paralegal studies, familiarity on the judicial system is a must, since the judicial system is one entity that encompasses numerous paralegal professionals who usually act as legal assistants for court clerks, attorneys, judges and the like.

A judicial system is also where paralegal professionals are trained on many important responsibilities concerning laws, as well as other involved routine tasks. Assistance to the lawyers is also part of the judicial system.

During the process, students and professionals are being taught on the preparation of court trials through gathering and researching relevant information, as well as how to compile all gathered and involved facts in a particular case.

With an online paralegal education, proper organization and compilation of criminal records as well as other legal documents are being taught. Preparation for going to closings, meetings, criminal trials, and court hearings is also part of the education.

An online paralegal education also helps someone to become a certified paralegal that can be as qualified to assist numerous vital functions concerning the legal profession. However, certified paralegals or legal assistants are not allowed to represent their clients in any court cases. Just the same, they are also not allowed to set legal fees or even give legal advices.

By taking online paralegal courses, the flexibility of the learning path will always be there, as long as the students can fully understand the nature of the job as well as the acquisition of the proper skills. It can provide all the paralegal knowledge and training as well as experiences required to become a certified legal assistant.

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The Basics of the Thai Education Visa

Posted on June 1, 2019 in Uncategorized

Apart from being a major tourist hub in South East Asia, Thailand is also fast becoming the preferred choice for higher education among foreign students, as well as an enjoyable destination to learn a unique culture and language. If you are interested to study in Thailand, you will need to apply for a Student Visa to enable your stay throughout the whole duration of your degree. As much as possible, it is best to apply for this visa prior to your arrival in Thailand.

APPLYING FOR YOUR PROGRAM

There are several highly-esteemed universities in Thailand offering a wide range of advanced programs in business, the arts, and science. Procedures for application vary per school, as some may require submission of your previous education records and other related documents via email, while some may require a personal submission. Application fees also vary and personal appearances are required for registration. 

Once your application is accepted, you will receive an official acceptance letter from the university with the school letterhead, confirming that you are accepted to the program and indicating the date that you will begin your study. This is the primary legal requirement to applying for the Thai Education Visa.

GETTING THE EDUCATION VISA

In applying for your Education Visa, you will need to submit your acceptance letter along with your passport and passport-sized photographs to the Royal Thai Consulate or Embassy nearest you. If you are already in Thailand with a 60-day Tourist Visa, you can change into an Education Visa without leaving the country during the first 30 days of your visa. 

You need to study for at least one semester to get the Thai Education Visa, which is valid for one year. When you get this visa for the first time, it is only valid for 90 days. This gives you ample time to register and pay for your school fees. You will need to submit a copy of your registration details to obtain the full one-year validity of the Education Visa. You will also need to notify the Immigration Bureau of your current address every 90 days to avoid the risk of losing your visa.

WHY YOU NEED A LAW FIRM

A Thai Education Visa is valid for a year, regardless if you only intend to study for one semester of five months. However, it should not be used as a backdoor for a longer stay in Thailand on a lazy holiday. It is important to notw that you cannot work in Thailand using this kind of visa, as it will not merit a Work Permit. You will need to be aware of the limitations of this kind of visa, and engaging a Thai law firm to facilitate your application would be a better option. It will also help you save a lot of time from processing paperwork and will help you get through the language barrier during the process of your application.

SUMMARY

Studying in Thailand provides you with a lot of options with a broad range of advanced programs in various fields. You will need to apply for an Education Visa in order to pursue your studies in the Land of Smiles. Being a one-year visa, the Thai Education Visa offers a lot of advantages as well as limitations, so it would be best to seek the expert assistance of a competent Thai law firm to assist you with your Education Visa application. 

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