You entrusted the health, safety, and well-being of your loved one to a nursing home; then you got a phone call saying that they fell and broke a hip. The nursing home rushed your loved one to the hospital by ambulance. They needed surgery to repair the fracture. Your loved one had to undergo a long and painful recuperation. One of the primary methods for preventing falls is to determine who is a risk for falling. Elderly nursing home residents can suffer considerable injuries if they fall. For this reason, fall prevention must always remain a priority at these facilities.
Ways to Prevent Nursing Home Falls
There are so many precautions that can be taken to prevent fall injuries from happening in the first place. Some of the best ways to prevent nursing home falls include…
Every resident should have a completed risk assessment which includes past accidents and falls, medications are taken, and general physical health.
Nursing home staff should always be attentive to residents, and the proper equipment should always be available to those who need help walking. These residents should always receive the proper foot care, shoes, and the appropriate walking aids.
Staff members should be properly trained on fall prevention strategies as well as the risks involved when a resident falls.
Nursing homes should never have environmental hazards, and if any occur, they should be removed immediately. Environmental hazards consist of poor lighting, slippery floors, debris in walkways, improper exit signs, broken equipment, and more.
Nursing homes should be careful to avoid incorrect bed heights and faulty bed rails. Faulty bed rails and incorrect bed height account for close to 30 percent of nursing home falls nationwide.
Exercise programs, including physical therapy, stretching, and balance should be available to all residents. Although statistics show that exercises may not help with falls, they will help to improve strength and balance which can help lessen injuries should a fall occur.
When a Resident Has a Fall
Although it is impossible to prevent 100 percent of falls in nursing homes, many falls happen because of mistakes on the part of the nursing home policies or policies for the staff. Approximately 1,800 nursing home residents each year can be attributed to fall-related injuries. Adults 65 and older are four times more likely to die of fall-related injuries if they live in nursing homes compared to those that live at home or with loved ones. After a fall the patient should receive an evaluation to determine if they are any injuries. They may need follow-up care. One fall might not signal a serious issue, multiple falls may come from negligence or even abuse.
Should Legal Action Be Taken?
Nursing home fall lawyers will hold the caregiver responsible following patient falls in nursing homes throughout Kentucky resulting from neglect or inattention. A successful lawsuit can help pay for medical care and future treatment, and also helps prevent the same type of harm from happening to another resident in the future. If you suspect that your family member or loved one’s broken bones were the result of inattention or neglect, a lawyer can help. Taking steps to determine what is going on and to protect the residents from future harm is imperative.
We Help Clients With Personal Injuries
After suffering from an injury as the result of someone else’s wrongdoing, your priority as our client is to focus on healing. Whether you were in a car wreck or slip-and-fall accident, you may be entitled to collect for damages you sustained. We will handle your case from start to finish and walk you through each step in the process. > Learn More
Contact us (859-341-2500) for a Free Consultation!
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About Grubbs & Landry
At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will. >> Learn More
Sometimes, a parent will go to court seeking sole custody of their child. This may be because joint custody is not in the best interest of the child. In the State of Kentucky, a bill was created that allows for parents to retain joint custody by default and this is usually the best measure for both parents to maintain relationships with their children. However, when a parent does not want to continue with shared custody they will have to go back to court to apply for sole custody.
Physical Custody vs Legal Custody
Parents can obtain two types of custody, sole custody, and legal custody…
Legal custody is a parent’s right to make decisions regarding matters of importance in the child’s life, such as the child’s medical care, education, religious upbringing, and moral development. If a parent has sole legal custody, they do not need to consult with the other over the previously mentioned matters.
Physical custody pertains to where the child lives and the actual physical care of the child. Decisions regarding the day to day care of the child are typically made by each parent when the child is in their care. However, if one parent has sole physical custody, that parent makes those decisions alone.
Factors That Warrant Sole Custody…
Evidence must be provided if a parent believes joint custody would not be in the best interest of their child. To obtain sole custody one of the following criteria must be proven…
Abuse
If a parent has a history of violence or sexual abuse and has been abusive to the child (or any child) or the other parent..
Neglect
If a parent has a history of neglecting the child, it is likely this neglect would continue in the future. Neglect is the failure to provide a child with necessary dental care, medical care, proper supervision, adequate food, appropriate clothing, shelter, and any other safeguards that protect the child’s physical and emotional well-being.
Substance Abuse
A parent who engages in substance or alcohol abuse presents a danger to the child.
Mental Illness
A child should be protected from a parent who is mentally unstable and exhibits irrational and unpredictable behavior that may endanger the child.
Abandonment
Sometimes parents are unable or unwilling to take care of their child. If a parent has shown little or no interest in the child and has failed to maintain contact with the child, you may want to get sole custody in order to protect your child’s best interests.
Incarceration
If a parent is in prison. If you feel it would be in your child’s best interest, you may want to seek sole custody that will secure your custodial status now and offer the incarcerated parent reasonable (if appropriate) visitation in the future.
Relocation
When a parent plans on moving out of the state or country, some parents feel it would be better if one parent was granted sole custody.
We Help Clients With Divorces and Custody
Divorce is a life-changing event which leaves spouses with many questions and concerns. When going through a divorce you need an experienced and trusted attorney by your side to guide you through the process and protect your legal rights. > Learn More
If the parent seeking sole custody is doing so as the result of the other parent’s negligence, they should be aware that the court may still grant that parent supervised visitation. Something like this would ensure the child is safe while still allowing them to continue a relationship with the other parent. Whether you are seeking sole custody of your child or you are fighting to retain joint custody, contact an attorney who will help you pursue the best option for your family.
Contact us (859-341-2500) for a Free Consultation!
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About Grubbs & Landry
At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will. >> Learn More
If you find it hard to hold down a job because of a severe mental or emotional condition—such as depression, bipolar disorder, anxiety, PTSD, or autism—you might be asking yourself: What are my chances of getting Social Security disability benefits? You may file a claim. The SSA should recognize the claim that prevents you from working and is expected to last at least a year. It can be confusing to understand the SSA requirement for mental illness. It is unfair sometimes that you have to jump through so many hoops. Do not give up if your benefits are denied the first time the appeals process can be done and you may go on to recover benefits.
Understanding Social Security Disability
Imagine you find yourself unable to work due to a serious illness or injury. Social Security Disability Insurance (SSDI) is a program designed to help you financially in such situations. Here’s how it works:
Eligibility: To qualify, you must have worked in jobs covered by Social Security. You’ll need enough work credits, which you earn by working and paying Social Security taxes.
Application Process: You’d start by applying through the Social Security Administration (SSA). This involves providing detailed information about your medical condition, treatment, and how it affects your ability to work.
Medical Criteria: The SSA evaluates whether your condition meets their criteria for disability. They look at medical records, doctors’ assessments, and whether your condition prevents you from doing any substantial work.
Waiting Period: Even after approval, there’s typically a five-month waiting period before benefits begin. During this time, you might need other forms of support.
Benefit Amount: If approved, you’ll receive monthly benefits based on your average lifetime earnings. These payments help cover living expenses since you can’t work.
Re-evaluations: Occasionally, the SSA will review your case to confirm you still meet the disability requirements.
Understanding this process can help you navigate the system if you ever need to apply for these benefits. It’s there to provide financial support when you’re unable to work due to a disability.
Mental Illnesses That Are Considered a Disability in Kentucky
Neurocognitive disorders
Schizophrenia and other psychotic disorders
Depressive, bipolar, and related disorders
Intellectual disorders
Anxiety and obsessive-compulsive disorders
Somatic symptom and related disorders
Personality and impulse-control disorder
Autism spectrum disorder
Neurodevelopmental disorders
Eating Disorders
Trauma and stress-related disorders
Your mental disorder in this listing category is “serious and persistent;” that is, you have a medically documented history of the existence of the disorder over a period of at least 2 years, and there is evidence of both. The SSA also uses umbrella terms under which may different illnesses fall.
If You Are Clinically Diagnosed, How Do You Prove You Cannot Work to SSD?
Family members, friends, social workers, and other key figures whom you interact with regularly are the key to a solid testimony for your mental impairment and its effect on your ability to perform routine functions, interact socially, and most importantly, obtain sufficient employment. Get a note from your physician. prove the prescriptions that have prescribed for you. Document any therapy you have participated in. Show why you can no longer do the work you were hired for and prove you cannot be trained for different work. Plus your illness needs to be a long-term one.
We Help Clients With Social Security Disability Claims
The Social Security Disability Act allows monetary support to those who are unable to maintain substantial “gainful employment” due to mental and/or physical disabilities prior to retirement age. For those who have had a strong work history up until their illness rendered them unable to work, they may qualify for Social Security Disability Insurance Benefits. This is a monthly payment based on your past income and varies from person to person. > Learn More
If you have a mental health disorder that prevents you from working, you may be entitled to receive Social Security benefits. Whether you are preparing your disability claim for the first time or appealing your case contact a compassionate attorney to explain your legal options for seeking disability benefits for mental illness.
Contact us (859-341-2500) for a Free Consultation!
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About Grubbs & Landry
At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will. >> Learn More
Estate planning is crucial for unmarried couples to ensure that their assets are distributed according to their wishes. Without a will or trust, state intestacy laws may dictate who inherits the decedent’s property, leaving unmarried partners with nothing. Therefore, creating wills and trusts is essential for each member of an unmarried couple to provide for each other upon death.
Common Law Marriage is Not Allowed in Kentucky
Many unmarried couples choose to live in a Domestic Partnership. However, there are no provisions under the statutes of the Commonwealth of Kentucky that will automatically provide for your partner… unless you have proper Estate Planning. Registered domestic partners are not treated as spouses for federal tax purposes. While registering as domestic partners may protect rights and provide enhanced protections, it’s crucial to consult with an attorney experienced in family law and estate planning to ensure a clear understanding of the legal implications and the necessary steps to protect the partners’ interests.
So If you are in a domestic partnership you need to prepare an estate plan. There are no provisions under the statutes of the Commonwealth of Ky that will provide for your partner in case of death. This could result in the surviving partner being forced to move out of the residence that was formally shared. There are several methods of Estate Planning when it comes to what can help Domestic Partnerships. While even married or state-registered couples need an estate plan, unmarried or unregistered couples can provide important protections for a surviving partner and/or any minor children by drafting an estate plan, as well as naming the people responsible for making important decisions about their health and property. With the help of a knowledgeable Attorney, this can be rectified if you set up the following legal documents…
Tenancy is common in Kentucky’s default co-ownership form. Two or more co-owners are tenants unless the deed that gave them the property declares a different co-ownership form. Tenants in common can have unequal co-ownership interests, and they can transfer their interests separately.
Joint tenancy with right of survivorship. This is a legal term for a way to own assets jointly, where two or more parties have equal rights and ownership of an account or real estate. If one owner dies, the surviving owners automatically get full ownership of the asset. This would eliminate probate and is easy for your attorney to create for you.
Last Will and Testament. When you have properly executed your Last Will and Testament, you can provide for your domestic partnership. It does require the Will to be probated and supervised by the Probate Court. As under federal law, Kentucky does not recognize domestic partners. Consequently, such partners are treated as single taxpayers so you must include them by name in your last Will and Testament.
Legal documents you should include in your estate plan: A Power of Attorney gives your partner the legal authority to manage your affairs regarding real estate, business, finance, legal matters, and more. A healthcare directive gives your partner the ability to enforce your personal healthcare wishes should you ever become incapable of doing so yourself. Without these documents insurance companies, banks and hospitals will not recognize your partner’s authority to act on your behalf.
Create a living trust. Like a Last Will and Testament, a Revocable Living Trust gives you complete control over your assets and ensures your partner is taken care of when you die. The biggest advantage is avoiding the delays and red tape of probate. There are no court or attorney fees after the trust is established.
Estate Planning Documents for Unmarried Couples
Unmarried couples should consider having important estate planning documents in place, including a living will with a health care proxy, a financial durable power of attorney, and a Last Will and Testament. These documents help establish and protect their preferences for important decisions and ensure that trusted individuals can make decisions on their behalf if they become incapacitated or upon death.
Tax Considerations and Asset Ownership
Unmarried couples should pay attention to how they own property or other assets together. Owning assets as joint tenants with rights of survivorship allows the surviving partner to take full ownership of the entire property by law. Updating beneficiary designations for retirement accounts is also important to ensure that the partner will inherit the accounts according to their wishes.
Contact us (859-341-2500) for a Free Consultation!
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About Grubbs & Landry
At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.
When an insurance company offers you a settlement, they are essentially acknowledging their client’s fault in the accident. They want you to settle to avoid litigation or going to court. Insurance companies usually do not want to get legal help involved, If you get a call from them before you have contacted your lawyer absolutely tell them you want to consult with an attorney before agreeing to settle a case. If the injuries are sustained in any kind of collision, and whether the injuries appear minor or resulted in a fatality, broken bones, paralysis, or other injuries, you should talk to an attorney before talking to an insurance agent or adjuster about the facts of the case.
The Insurer’s Goal
Insurance companies are not on your side. their goal is to pay an injured person as little as possible. Never allow an adjuster to bully you to try to convince you and make you agree to a damaging statement. The most important rule to follow when notifying your insurance company about a crash is to keep it simple.
You can tell the insurance representative…
There was a crash
Where the crash happened
Whether your car was damaged
Saying much more than the bare minimum can do more harm than good in your situation, although it pays to read the insurance policy to confirm that you are not legally obligated to provide more information. Leave it up to them to dispatch a claims adjuster to examine the scene and conduct an investigation.
The Problem With a Money Offer
Sometimes insurance adjusters offer a sum of money immediately after an accident offering to settle your personal injury case. Usually, it is far less than your case may be worth. The full extent of your personal injuries may not be known until many many months or up to a year after an accident. If you accept a settlement in exchange for waiving your claims, you may give up your right to pursue compensation even where your injuries turn out to be very serious. You may be waiving your right to file a claim under your health insurance policy that you aren’t even aware of.
How a Personal Injury Attorney Can Help
A personal injury lawyer helps individuals who have sustained injuries in accidents to recover financial compensation. These funds are often needed to pay for medical treatment, make up for lost wages, pain, and suffering, and provide compensation for injuries suffered. Personal injury lawyers are expected to follow strict set principles of legal ethics when working with their clients. A personal injury attorney is familiar with many different kinds of injuries and evaluations of what a case is reasonably worth. Most people want to be polite and helpful in interacting with others. However, talking to an insurance adjuster without the participation of an attorney is not advisable. Finally, the simple act of having legal representation can make your insurance company take your claim more seriously. When they learn that you have hired a lawyer, they will know that they cannot roll over your interests and are more likely to make a higher initial offer that is closer to what you really deserve.
Contact us (859-341-2500) for a Free Consultation!
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About Grubbs & Landry
At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will. >> Learn More
In Kentucky, or through Social Security Administration (SSA) short-term disability insurance is not guaranteed, and there are no laws protecting employees with short-term disabilities. However, there are other benefits that an employee can use if he is temporarily disabled. A countless number of people find themselves dealing with a temporary disability that is not permanent. Because of this many people turn to their own independent short-term disability insurance policies or employer-provided short-term disability coverage. The following are some examples of short term disability options you may have…
Short Term Disability Benefits
Employer-provided short-term disability benefits covers leave from work for a temporary disability, such as pregnancy, accidental injuries, and illnesses. Short term disability insurance replaces a portion of the employee’s income, which is a huge benefit for employees. The percentage of income paid depends on the insurance plan. The coverage typically lasts up to 52 weeks. Sometimes employers offer this type of insurance but the employee must sign up for it and it will be an add-on to your health insurance coverage.
Work-related Accidents
If you are temporarily disabled due to an accident or illness related to work, Kentucky’s worker’s compensation laws require that your receive medical treatment and disability pay.
Family and Medical Leave Act (FMLA)
FMLA is a federal law that provides up to 12 weeks of unpaid, job-protected leave to employees for certain family and medical reasons. Kentucky State Government also offers enhanced Family Medical Leave (FML) benefits in some areas. Employees are entitled to continue their health insurance while on leave, at the same cost they must pay while working. FMLA leave is unpaid, but employees may be allowed (or required) to use their accrued paid leave during FMLA leave.
Disability Determination Services
Disability Determination Services makes disability determinations on behalf of the commissioner of Social Security for residents of Kentucky. The program uses federal regulations to determine disability for both Supplemental Security Income (SSI) and Social Security Disability Income (SSDI). The program also adheres to federal regulations for performance accuracy and processing time standards. Applications must be filed in one of the 27 Social Security offices in the State of KY.
If you need disability benefits you should learn your legal rights in Kentucky. Contact an experienced lawyer to help you get the benefits your need and deserve. They understand what benefits you will qualify for and how you can best secure them.
Contact us (859-341-2500) for a Free Consultation!
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About Grubbs & Landry
At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will. >> Learn More
If you’ve been in a car accident while working, it’s normal to be upset and anxious, especially if other people were badly injured. You may be technically at fault for the crash, but you still deserve protection. If you have any worries that your employer’s insurance company is going to throw you under the bus, contact a personal injury attorney. When you add an addition complication to a crash, it can be difficult for the average individual to make sense of who incurs liability and financial responsibility for the injured and the property damage. If someone else causes the crash and they were on the job at the time you may have to deal with a complicated third party insurance claim.
Are Employers Liable for Employee’s Car Accidents?
When an employee causes an accident while performing a work-related task, the employer may be on the legal hook for resulting injuries and property damage. The specifics of the situation will decide whether or not the company or the driver who caused the crash has any responsibility for what happened. If there are injuries to the employee they may have grounds to file a workers compensation claim. If a person on the clock crashed into you, you may be able to bring a claim against their employer for your losses if their insurance does not adequately cover your expenses.
When To File a Third Party Claim After a Car Accident…
One difference between a property damage claim and a personal injury claim is that with the property damage claim you will be back in contact with the insurance adjuster as soon as you have a repair estimate for your property — whereas with a personal injury claim, you will usually wait until your medical condition stabilizes before speaking again with the adjuster. You may need to speak with the adjuster on the phone several times to set up inspection of your car or other property, or to get a separate insurance estimate of repairs if the adjuster requests it. Many insurance carriers will gladly work with their own clients to cover expenses that the company technically has no obligation to pay. They pay and then send the bill along to the company insuring the other driver. In a complicated situation that may involve worker’s compensation the third party insurance may need to be involved. You may need to be more proactive about how you handle your claim in that situation. It may be wise to contact a legal professional who can negotiate with the various insurance carriers on your behalf to make sure you are getting the compensation you need for medical reasons. In a legally complex employee-related accident with injuries you may have to involve a third party insurance carrier.
Contact us (859-341-2500) for a Free Consultation!
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About Grubbs & Landry
At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will. >> Learn More
Once the divorce is completed and a judgment entered, either or both spouses can appeal a trial court judge’s decision to a higher (“appellate” or “appeals”) court. Because of the deference given to the original judge, it is unusual, but not impossible, for an appeals court to overturn a judge’s decision in a divorce case. Settlement agreements usually cannot be overturned on appeal if both spouses agreed to the terms of the settlement unless there were problems with how the agreement was reached or other enforceability issues. The court places a great deal of faith in the judge’s final decision.
Valid Grounds for Appealing a Divorce Decree
The most common claim for appealing a divorce decree is that the court made a mistake regarding the law in the final judgment. The party filing the appeal must show that the judge made some kind of error or mistake in applying or interpreting the law regarding the circumstances of the case. Usually, a party cannot simply challenge facts that were already established during the original proceeding. If the facts have been established at the lower court, the appellate court will accept those as the facts of the case, unless something about those facts is a reflection of the mistake that the court made in applying the law. The person filing the appeal must show that the judge made an error in interpreting or applying the law to the case. The following are a few supporting grounds for a diverse appeal…
Instances of fraud committed by the opposing party in connection with the court proceedings.
Concealed or hidden assets of other important information by the other party didn’t divulge during the proceedings.
Discovery of new facts that could not otherwise be discovered during the original proceedings.
Example: Maybe the court failed to take into account a loss your business has suffered or miscalculated the worth of assets. Or perhaps inadmissible testimony was allowed or pertinent evidence was excluded in your case. Maybe the ex-spouse had a lover and was using community funds to buy gifts for this person. This could make the final judgment on income or alimony payment incorrect. The court is more likely to grant an apple based on any lawful errors committed by the original court.
Ways to Challenge a Divorce Decree Include…
Appeal – This is the “normal” avenue for challenging a divorce decree. It is also one of the most time-consuming. You usually have about 30 days to file an appeal after the final judgment has been issued, and the appeal must be based on the court’s mistake of law. In general, no new facts can be introduced on appeal.
Motion for Rehearing – A motion for rehearing is a very technical type of procedure that must be filed almost immediately after the judgment is issued. This does not guarantee your case will be reheard by a court and a judge must grant approval of the request.
Motion for Relief from Judgment – A motion for relief from judgment is only granted in limited circumstances, like if the other party committed fraud or concealed assets. Generally, this motion may be granted only in cases where something serious has occurred that affects the fairness of the decree.
If you are serious about appealing your divorce decree you must pay attention to the deadlines for completing the process. If you miss the deadline, you may miss your chance to appeal the decree. Talk to a local attorney as soon as possible about the various deadlines for motions and appeals to make sure you don’t lose your opportunity before you act on it.
Contact us (859-341-2500) for a Free Consultation!
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About Grubbs & Landry
At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will. >> Learn More
Adopting a child is a life-changing and complex process that requires careful navigation through legal procedures and requirements. While the journey towards adoption can be filled with ups and downs, the joy of finalizing the adoption makes it all worthwhile. To ensure a successful and smooth adoption experience, it is highly recommended to hire an adoption lawyer who specializes in adoption law. In this article, we will explore the top benefits of hiring an adoption lawyer and how they can guide you through this important journey.
Understanding Adoption Law
Adoption law is a specialized field that varies from state to state. It involves a set of statutes and case laws that dictate how adoptions should be handled. Navigating through these legal complexities can be challenging for individuals without legal expertise. This is where an adoption lawyer becomes invaluable. They possess a deep understanding of adoption law and are well-versed in both the statutes and the case law interpretations. With their knowledge and experience, they can effectively apply the law to your specific adoption case, ensuring compliance and avoiding any legal pitfalls.
Knowledge of Adoption Judges
An adoption lawyer develops a close working relationship with adoption judges, gaining insights into how they interpret adoption law and handle adoption cases. This knowledge gives the lawyer a strategic advantage in presenting your case effectively. They understand the preferences and expectations of the adoption judges, allowing them to navigate the adoption process with confidence and efficiency.
Building Relationships with Hospital Personnel
When a baby is born, the adoption process enters a critical phase. It is essential to have a good relationship with key hospital personnel, particularly hospital adoption social workers. An experienced adoption lawyer has established connections with these professionals and understands the hospital’s policies and procedures regarding adoptions. This relationship ensures that everyone’s time at the hospital goes as smoothly as possible, minimizing any potential complications.
Expedited New Birth Certificate Process
After the adoption is finalized, obtaining the child’s new birth certificate is crucial. Each state’s bureau of vital records has specific requirements for adoption paperwork. An adoption lawyer who is well-versed in these requirements can ensure that all necessary documentation is filed correctly and in a timely manner. This expedites the process of receiving the new birth certificate, providing legal recognition of the child’s new identity and ensuring the smooth transition into their new family.
Expertise in the Indian Child Welfare Act
If the child being adopted has Native American ancestry, the federal Indian Child Welfare Act (ICWA) may apply. It is essential to determine whether ICWA applies to the adoption and to comply with its provisions. Failure to do so can jeopardize the adoption process. An experienced adoption lawyer possesses a thorough understanding of ICWA and can navigate its complexities, ensuring compliance and safeguarding the adoption.
Knowledge of Adoption Tax Credits
Depending on your household income, adoption expenses may qualify for federal adoption tax credits. These credits can significantly reduce your tax liability, providing financial relief during the adoption process. Additionally, many states, offer state-level adoption tax credits. An adoption lawyer is well-versed in the intricacies of adoption tax credits and can advise you on potential tax benefits, helping you maximize your financial resources.
Navigating Interstate Adoptions
In the case of interstate adoptions, the Interstate Compact on the Placement of Children (ICPC) applies. The ICPC outlines specific requirements that must be met when placing a child for adoption across state lines. Navigating the ICPC process can be challenging, but an adoption lawyer with expertise in interstate adoptions can guide you through the process, ensuring compliance and avoiding delays. Their knowledge and experience can expedite the transition, minimizing the time spent away from home during the adoption process.
Handling Birth Father Challenges
One of the most stressful situations in the adoption process occurs when a birth father contests the adoption. This can create significant emotional and legal challenges for the adopting family. An experienced adoption lawyer understands the complexities of birth father rights and knows how to navigate these challenges. They can provide guidance, support, and legal representation, advocating for the best interests of the adopting family and ensuring a fair and just resolution.
Compliance with Financial Assistance Regulations
Some states have specific statutes that govern the financial assistance that adopting parents can provide to expectant mothers. These statutes outline what is permissible in terms of financial support during the adoption process. Additionally, each judge may have their own guidelines regarding appropriate living expenses for birth mothers. An adoption lawyer is well-versed in these regulations and can provide clarity on what is allowed and ensure compliance with both the written and unwritten rules.
Avoiding Conflicts of Interest
Conflicts of interest can arise when representing both the adopting family and the birth mother or birth parents. To avoid any potential conflicts, it is considered best practice for the adopting family and the birth parents to have separate legal representation. An adoption lawyer focuses solely on the best interests of their client, ensuring that their rights and wishes are protected throughout the adoption process.
Hiring an adoption lawyer offers numerous advantages for individuals and couples embarking on the adoption journey. Their expertise in adoption law, knowledge of local judges and personnel, and ability to navigate complex legal processes make them invaluable allies. From understanding the intricacies of adoption law to ensuring compliance with regulations and providing support during challenging situations, an adoption lawyer can guide you through every step of the adoption process. By engaging their services, you can navigate the adoption process with confidence, knowing that you have a dedicated legal professional advocating for your best interests.
Adopting a child is a life-changing experience, and having the right legal support can make all the difference. With an adoption lawyer by your side, you can navigate the complexities of adoption law, streamline the process, and focus on building a loving and secure family for your child.
Contact us (859-341-2500) for a Free Consultation!
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About Grubbs & Landry
At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.
In the state of Kentucky, the division of marital property is an important aspect of divorce proceedings. When a couple decides to end their marriage, the court is responsible for determining how the property, debts, and assets they acquired during the marriage will be divided. Kentucky follows the principle of equitable distribution, which means that property is divided fairly but not necessarily equally. This article will provide an in-depth understanding of how marital property is decided in a divorce in Kentucky.
Understanding Marital Property and Separate Property
To begin the process of dividing property in a divorce, it is essential to differentiate between marital property and separate property. Marital property refers to assets and debts acquired by either spouse during the marriage, while separate property includes property owned before the marriage or acquired during the marriage through gift or inheritance.
Examples of separate property include:
Property owned before marriage.
Inherited or gifted property received during the marriage.
Property sold during the marriage that was originally separate property.
Property defined as separate in a premarital agreement.
On the other hand, marital property includes:
All property acquired by either spouse during the marriage, such as retirement accounts, money, and real estate.
Property purchased during the marriage under a joint account, like real estate or automobiles.
Property that was separate but increased in value due to financial or labor-driven improvements during the marriage.
It’s important to note that separate and marital property can sometimes be mixed together, a situation referred to as “commingling.” Commingling can occur when couples combine their separate assets intentionally or unintentionally. In such cases, it can be challenging to determine the ownership of the commingled property, and legal assistance is often necessary to untangle the complexities.
The Division of Marital Property
In Kentucky, spouses have the option to divide their assets and debts through a separation agreement. This agreement allows them to negotiate the division of property without court intervention. However, the court still has the power to veto or modify the agreement if it deems it extremely unfair.
When spouses are unable to reach an agreement, the court will step in and determine the division of property. In making its decision, the court considers several factors, including:
Each spouse’s contribution to acquiring marital property, including the contributions of a stay-at-home spouse.
Each spouse’s circumstances, including the desirability of having the custodial spouse live in the family home with the children.
The length of the marriage.
The value of the property awarded to each spouse.
It’s important to remember that equitable distribution does not always mean a 50/50 split. The court aims to divide property fairly based on the unique circumstances of each case.
Dividing Debts in Kentucky
In addition to dividing assets, the court in Kentucky also handles the division of debts during a divorce. Debts such as medical bills, credit card debts, and mortgages need to be addressed to ensure a fair distribution of financial obligations.
When dividing debts, the court takes several factors into consideration, including:
The debts and liabilities of each spouse.
The economic circumstances of each spouse.
The basis underlying the debt, such as reckless spending or gambling debt.
It’s worth noting that even if the court orders one spouse to be solely responsible for a debt, creditors may still pursue the other spouse for payment. To protect themselves, individuals should use the court order to remove their name from the account associated with the debt whenever possible.
Divorce can be a challenging and emotionally charged process, especially when it comes to dividing marital property and debts. Understanding the laws and regulations governing property division in Kentucky is crucial to ensure a fair and equitable outcome. Whether spouses are able to reach an agreement on their own or require court intervention, seeking the guidance of a knowledgeable family law attorney can help navigate the complexities of property division and protect one’s rights and financial interests.
If you are considering a divorce or need assistance with property division, it is essential to consult with an experienced attorney who can provide personalized advice based on your unique situation. They can help you navigate the legal system and ensure that your rights are protected throughout the process.
Contact us (859-341-2500) for a Free Consultation!
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About Grubbs & Landry
At Grubbs & Landry, PLLC, we are dedicated to personal and friendly service. We manage our practice in an ethical, cost-effective manner to best help our clients resolve their legal issues with the least expense possible. We pride ourselves in advocating for our client in divorce, child custody, and child support matters as well as other family law matters. We are active in prosecuting personal injury cases-recovering for the injuries our clients sustain due to the negligence of others. Additionally, we help our clients prepare for the future through the preparation of Wills, Power of Attorney and Living Will.
