Legally and biologically, paternity simply means the state of being the father of another person. There are a number of child custody and support cases every year that require paternity to be established. With technological advances, it has become much easier and much more accurate to establish paternity today than ever before. There are a variety of DNA tests that can be done including genetic identity and swab tests.
In most legal cases, a child that is born in wedlock is considered to be the child of both the husband and the wife. This presumption of legitimacy grants the husband all of the responsibilities, rights and duties to that child. Presumption however can often be rebutted if evidence can be shown to the contrary. In cases unmarried mothers, males can accept paternity if they wish. The mother can also appeal to the courts for a determination of paternity if she is not satisfied with the male accepted the responsibility. The outcome of paternity as far as the courts are concerned is the same whether the court orders that it be determined, the male volunteers for the role or the mother and father are married when the child is born.
Either parent can attempt to prove the paternity of a child. If the father feels that perhaps another man is actually the biological parent of the child, he can request that paternity be determined. The mother has the right to attempt to prove paternity as well. When a child is born to parents who are not married to each other at the time of birth, that child is considered to be without a father until paternity is proven. Without legal action being taken, the father’s identity could remain unknown. In some cases, the child itself can attempt to prove paternity and in most states, child support courts will order paternity tests when the mother is attempting to seek child support payments from a father and those parents were not married when the child was born.
There are several reasons why someone may want to determine paternity. Issues that are related to child support and child custody are the most common. The rules that apply to child support in divorce cases as in the amount and configuration of payments, are the same in child support cases where paternity must first be established. The mother or the father can be forced to pay child support depending on which parent has legal custody of the child. Many courts order that child support be paid for a specified amount of time even as far back as when the child was born. Once paternity is established, the father may be required to pay back support but he is also legally granted the right to become part of the life of that child.
The laws pertaining to and defining paternity vary from state to state. If both parents cannot agree on issues related to a child’s paternity, they should both seek the assistance of an attorney with specialization in this area. It is essential that both parents know and understand their rights concerning their child.
Knowing the differences between tax avoidance and tax evasion is important. Note that if you have avoided paying taxes, it is best that you seek the assistance of an attorney to ensure that you get your tax debt settled. That being said, it is important that you understand the differences in avoidance and evasion so that you do not get yourself into legal trouble.
Tax avoidance involves legally avoiding taxes. This simply means that you are taking advantage of laws that exist to help you to reduce the amount of taxes that you are required to pay. Those who typically take advantage of this action do so legally by simply taking deductions or changing their businesses so that they incur fewer taxes. Tax avoidance is a legal action and is completely accepted by the government.
Those who practice tax evasion however, are not action within the confines of the law. Tax evasion means that you are taking illegal steps to willfully avoid paying your required taxes. This is a felony in most cases and is punishable by stiff fines and even stiffer jail sentences. It is important that you always pay the taxes that you are required to pay to avoid this legal trouble.
If you are working or you own a business that is earning revenue then you are legally bound to pay your taxes. Cheating or otherwise skipping your taxes is considered tax fraud and can get you sent to prison. If you purposely leave out certain information on your tax returns or you simply do not file a return when you are legally obligated to do so, you are committing tax evasion. There are a number of ways that could commit a violation of the tax laws. You could purposely lie about the income you have earned so that you do not have to pay taxes on that income. You could also claim deductions that you know you do not qualify for. For instance, if you were to claim a child as a dependent to get a reduction in your taxes or to claim Earned Income Credit or the Additional Child Tax Credit and you do not have a child living in your home that qualifies you for these credits and exemptions, you are lying on your tax return and committing tax fraud.
If the IRS learns that you have misrepresented your situation on your taxes, they will audit you. During this audit, if you cannot prove that you can legally claim the credits and exemptions on your return or otherwise prove that you are not committing fraud, you could be facing serious legal issues. If you are being audited for your taxes or you feel that you may be accused of tax evasion, it is best to seek the assistance of an attorney right away. An attorney can help you to prove your case. If you were not actually committing fraud, an experienced attorney can help to keep you from paying fines and can help to keep you out of jail.
When a single parent fears losing custody of a child, it can be a frightening, frustrating and very emotional time. While many divorces end in long custody battles, those battles can be even more difficult when the parents were never married. The laws regarding custody can become a bit confusing for those who were not married and understanding these laws is critical in any custody case.
Parents who have a child but were never married may find it a bit more difficult to iron out custody than parents who are divorcing. All child custody laws typically revolve around the same principle. These laws are designed to protect the rights of the child and the children of parents who were never married have the same basic rights as children who were born to parents who are married. The basic rights of children include the right to receive proper care by parents and to have contact with both of those parents.
Child custody is used to describe the legal and binding relationship between a child and a parent. This relationship includes the rights of the child and the parent as well as the responsibilities of the parent. It is the parents’ responsibility to provide care for a child. Both of a child’s biological parents have these responsibilities just as both of them have custody rights. In some cases, the biological father may have to take steps to prove his paternity before his rights are considered. In the cases of divorce, this is not typically an issue. When the parents have never been married however and particularly when the child does not bear his father’s legal name, paternity may need to be established before custody can be settled.
Even in the case of unmarried parents, many courts favor joint custody of a child because this can allow the child to foster strong bonds with both parents. Different types of child custody may be awarded to single parents, depending on the specific circumstances. Sole legal custody is where one parent has control over the child’s basic needs and makes all of the decisions for that child. The child will live with the parent who has sole legal custody and the absent parent will often be awarded visitation rights. Joint physical custody is where both parents spend the same amount of time with the child. The child may live with one parent for one full week and then the other parent for the next full week.
Courts typically consider many factors when awarding custody to divorced or single parents. They may consider the child’s age, which parent the child prefers to live with, the relationship between the child and each of his or her parents, which parent can provide a more comfortable lifestyle and many other factors. Those who are battling for custody should always seek the guidance of a qualified and experienced attorney who is well-versed in child custody laws. These laws may vary by state so choosing an attorney who knows the laws in the state the parent lives in is recommended.
If you have chosen to homeschool your child, there are certain legalities that you will need to understand. Different states have different laws pertaining to homeschooling and these laws can be confusing for those who are not familiar with them. The main difference in the different laws between states primarily deals with how homeschooling is treated in terms of legitimate education.
The right to teach your children in your own home has been debated in the U.S. for many years. Some lawmakers and advocates disagree with the benefits of homeschooling and parents and educators have long fought to make homeschooling a normal practice. The focus of the entire homeschooling discussion today leans more toward less significant issues like resources, quality control, standardized testing and other topics.
Understanding the laws regarding homeschooling in your state is important because these may not be the same as other states. You can search online and speak with other parents who homeschool their children but again, your state may have completely different laws and outlooks on this practice. Homeschooling is completely legal in every state in the nation. The U.S. Supreme Court has ruled that parents have the right to educate their own children in whatever manner is acceptable to their religion. The only exception to this rule is that the education children are receiving cannot in any way contradict laws or disrespect the rights of any other person.
In short, it is your fundamental right as a parent to homeschool your child if you wish. You do however, have to ensure that you are abiding by the laws of your state. Each state has its own judgment with regards to homeschooling and each state has different regulations and laws that govern homeschooling. In order to ensure that you are abiding by your state laws, you have to know and understand these laws. Basically, all states follow the same principle.
Most regulations regarding homeschooling are based on the same regulations that govern private schools. Some states have specific rulings for homeschooling. Maine, Iowa and New Hampshire for instance do not use the term homeschooling. They call it home instruction and in South Dakota, they call it alternative instruction. This simply shows you that all states have a different way of dealing with homeschooling but they all do allow it as a means of educating a child, provided the regulations are followed. Many states may require fewer criterions for homeschooling than others. Some may simply require that your child maintain passing grades in order to be considered passable as a homeschooled child.
If you are planning to homeschool your child or children, it is essential that you study the laws and regulations of your state. Learn what is required of you in order to legally set up homeschooling. Parents have the right to educate their children but remember that there are also laws in place for truancy. If you do not follow your state’s regulations for homeschooling and you keep your child at home, he or she may be violating truancy laws.
Domestic violence is the criminal act of physically harming someone who lives with you or is otherwise in your family. There are literally thousands of cases of domestic violence heard in courtrooms around the nation every single day and this has become a growing problem in many areas. There are a number of federal laws that deal with domestic violence and that are designed to protect individuals who are married or who are in a domestic partnership. These laws protect against abuse and violence and many are designed to protect against stalking and specifically violence against women. There are federal laws that deal with this issue and a number of state laws as well.
Congress enacted a bill in 1994 that was designed to provide more jurisdiction over domestic violence and occur at the community level. Until that time, domestic crimes were dealt with only on state and local levels. The Violence Against Women Act was created to help protect children and women from such crimes. The legislation created specific laws that were designed to address certain types of domestic crime on the federal level.
States were then asked to set harsher penalties for those conducting domestic violence and over the years, many laws have been created that also addressed other issues such as those that involve the internet where stalking and abuse is concerned. Laws have been enacted that provide funding for victims and children and the government now offers grants that are designed to help individual states to provide more programs of support to domestic crime victims.
Charges can be filed as misdemeanor crimes or felonies. How the charges are filed will determine the penalty for the crime. The charges are typically based on the extent of the injuries that are received as well as whether or not the accused has any history of domestic abuse. If there is a past criminal history or a past history of domestic violence, charges are typically more severe. Misdemeanor convictions normally results in a short time in jail and possibly rehabilitation such as anger management. Community service may be ordered and fines may need to be paid.
A felony charge of domestic violence typically sees stiffer sentencing. In some cases, prison time could be ordered. Those with a past history of criminal violence are normally sentenced to time in prison in addition to fines and in many cases, they may be restricted from seeing family members who were victims of their abuse. Abusive parents for instance may lose custody of their children due to domestic violence. Courts typically take into account the relationship between the abuser and the victim as well as the victim’s interests. Sentencing is typically determined by the history of the accused as well as the best interest of the victims.
Those charged with domestic violence who are actually innocent will need an aggressive attorney in most cases. These charges can be difficult to overcome and only an experienced attorney will know how to prove the accused’s innocence and keep him or her from spending time in jail.
There may be a number of reasons why you would need to obtain public divorce records. You may need legal proof that your marriage has ended or simply want to conduct a search for personal reasons. Whatever the reason, there are different laws in different states that govern when and who can access the divorce records of others.
If divorce records are open, this generally means that anyone can access them. States that grant open divorce records will normally allow you to view those records for whatever reason you see fit. States that have closed records typically ask the requester to give a reason for viewing the records and may require that you show proof of your relationship to the parties on the documents. Some states consider vital records to be completely private documents and normally only allow viewing by immediate family members or authorized representatives of those family members.
In many states, there is a major difference between a certified copy of such records and an informational copy. A certified copy is normally used in legal situations and will be printed on legal paper that can serve as proof for the dissolution of the marriage in the record. Informational copies are normally marked as merely for information and cannot typically be used in a legal realm.
Most states have laws that require you to pay a fee before you will be permitted to obtain a copy of any public record. Divorce records are considered public records so if you need copies, either certified or informational, you will be required to pay this fee before those records will be released to you. The precise amount of the fee depends on a number of things. Your state may charge a different fee than other states and where you can receive the records will have a bearing on the cost as well. In some states, you can obtain vital records from the Department of Public Health or at the courthouse where the divorce was filed. Many states only provide copies of vital records through the state office associated with those records.
All fees used to obtain copies of divorce documents are not refundable. This is because the fees associated with obtaining these records are more designed to pay for the actual search of those documents as opposed to the documents themselves. If you are in need of divorce documents and you do not have those documents yourself, you can check with your local courthouse to see where you may obtain these records and what the cost will be for the copies that you need.
You should understand that most state laws require this fee to be paid. There are a number of websites that advertise free public records when in truth, there is no way that you can obtain records such as divorce documents without paying the required fee. Some information regarding a divorce may be free but state laws do require that a fee be paid for the search for those records. If you are planning to obtain divorce records online from a free website, you may need to check to ensure what you are actually receiving.
Federal and state labor laws are very important in the workforce. There are a number of reasons why these laws should know understood by employees. Labor laws are designed to help protect employees from a number of wrongdoings.
You should understand that there are differences in labor laws that pertain to children and those that pertain to adults. Child labor laws are designed to protect children from being exploited in the workplace. Children under a certain age are only permitted to work a specified number of hours each week while they are in school. That number of hours is often extended during the summer months. These laws are in place to encourage children to focus more on their education and their futures.
General labor laws regulate the number of hours that an adult employee can work without being paid overtime. This is to ensure that no employee is overworked and that all employees receive adequate and fair compensation for the work that they provide. When employees work over the specific number of weekly hours, which his typically 40 hours in one week, labor laws mandate that the employee should be paid overtime pay which is normally their average hourly pay plus one-half of their average hourly pay, hence the term “time and a half”.
Many labor laws pertain to safety in the workplace. All employees have the right to feel safe when working and to expect their employers to regard their safety. Those who work in high risk areas are expected to be well educated in their job tasks to ensure the utmost in safety. Employees worrying about dangers associated with their jobs can often cause undue accidents. Proper training and certain safety precautions are required by law for certain jobs that fall into this high risk category. Employers are required to maintain insurance that will pay for the medical expenses of employees who are injured on the job as well. Worker’s compensation provides for an employee when he or she is injured while working. This compensation pays for medical costs directly related to the workplace injury and in most cases will pay the employee a stipend until he or she is able to return to work.
Any employee who feels that they have been treated unfairly by an employer should report those incidents immediately. Labor laws are essential in keeping workplaces fair and safe and when an employee feels that these laws have been violated, he or she should contact an attorney who specializes in labor laws. Attorneys who specialize in this field will be better equipped to help the employee to determine if a violation of the labor laws is evident and advise the employee on what steps should be taken to amend the situation. Labor laws are essential in the workforce and employers are legally bound to comply with these laws. Employers who inadvertently or purposely defy these mandated labor laws could face hefty fines and in extreme cases, they could potentially lose their right to operate their business.
A copyright is intellectual property and if you have a legal copyright then you have the legal right to sell that property. Copyrighted property can be passed on to heirs in a will and you should understand that there are different laws pertaining to copyrighted property in different countries. American writers for instance have different rights under these laws than Canadian writers. What copyright laws pertain to you will depend on which country you call home.
There is an international law pertaining to copyrights that pertains to all countries. Under United States and Canadian laws, an author who creates an original work has full rights to that work. He or she can reproduce or publish a copyrighted text provided they own the copyright to that text. International copyright laws state that a copyright lasts for the entire life of the original author plus an additional 50 years. This means that you cannot reproduce anyone else’s work if they own the copyright until that copyright has expired.
If you want to copyright your material, you can do so without cost. You will have to be able to show proof that this material is yours and that you are the original author. While you are certainly under no obligation to register your copyright, it is highly recommended if you want to show proof that you are the original author. Freelance writers, those who write eBooks and articles, own the full copyright for all of the original works that they create unless they agree to transfer these rights to another party. The original author must agree in writing to the transfer and this allows another person to purchase or otherwise use the works. Authors can provide non-exclusive rights which give others the legal right to redistribute their works and this requires no written authorization.
Canadian copyright laws are a bit different in this respect. If there is no written authorization pertaining to the assignment of a copyright, then the writer who purchases the material retains all rights. These laws can be very confusing and depending on the country in which you reside, they can also be very different. If you are writing eBooks and articles for use in an online setting, it is important that you know your rights regarding intellectual property. Spend some time researching copyright laws for your country or speak with an attorney who specializes in intellectual property rights.
Moral rights are different still. They allow the original author of a text to claim the authorship of that text no matter who currently owns the copyright. This helps authors to ensure that their works are not causing harm to their own reputation at the hands of others. You should understand that enforcing copyright laws can be difficult. If you feel that a copyright owned by you has been used without permission, it may be necessary to contact an attorney with experience in this field. Copyright infringement is a common occurrence and without proper knowledge of these rights or an experienced attorney on your side, writers can often lose ownership of their original works.
Many consumers choose to begin seriously managing their finances around the first of the year. Those who are looking to get out of debt and raise their credit scores should know and understand the laws that are in place to protect consumers and to help them to manage and protect their personal credit.
The Fair Credit Reporting Act is designed to assist consumers when it comes to protecting their credit. The FCRA mandates that all consumers are entitled to one free copy of their credit report each year from all three of the major credit bureaus. These three bureaus, Transunion, Equifax and Experian, all have websites set up where a consumer can request this free annual credit report. Obtaining copies of all three reports allows consumers to ensure that all information is valid and to see what may be harming their credit scores.
Using these credit reports also allows consumers to dispute any information that they find that is not correct. Credit bureaus are required by law to respond to any disputes or complaints by conducting an investigation into the dispute. These investigations typically take 30 days to complete. If the dispute is found to be valid then changes should be made to the consumer’s credit report. For instance, if a consumer finds that an amount to a creditor is listed wrong on the report, the bureau will need to change it to the proper amount.
There are other situations when consumers may be able to access their personal credit reports without cost. If a consumer suspects that they have been the victim of identity theft, has recently been turned down for credit or is unemployed and will be looking for work within 60 days, credit bureaus are mandated to provide credit reports at no charge to the consumer.
The Fair Debt Collection Practices Act ensures that collectors and/or debt collection agencies do not resort to illegal or otherwise wrongful practices in an attempt to collect a debt. Consumers should be very aware of what constitutes wrongful or illegal acts so that they can protect themselves from harassment by creditors. If a collector violates this Act, the consumer should file a complaint with the Federal Trade Commission as quickly as possible.
Finally, the Credit CARD Act helps to protect credit card holders. CARD stands for card accountability, responsibility and disclosure. This Act is designed to protect consumers by ensuring that credit card companies follow certain guidelines. A credit card company for instance cannot implement changes without first giving card holders a notice of no less than 45 days. This goes for interest increases as well. Under this Act, credit card companies are no longer permitted to use a double-cycle billing technique or a universal clause. Complete disclosure of all fees associated with the card holder’s account must be provided to the consumer.
These laws are meant to protect consumers and assist them in maintaining a good credit score. If and when a consumer feels that a creditor has violated one of the practices mandated by these laws, he or she should immediately file a complaint with the FTC.
Most states have certain laws pertaining to adverse possession. While these laws will differ from one state to another, there is a common basis to the law. Adverse possession involves claiming ownership of the property of someone else simply because of maintenance done to that property. In other words, if you participate in maintaining property that belongs to someone else, even without their permission or assistance, adverse possession laws may apply which would give you the right to take that property and legally own it.
The key word here is adverse. In order for adverse possession laws to apply, the person claiming the possession must have maintained or lived on the property without permission of the actual owner. An example would be if you were to farm land that belongs to someone else. If this land has been neglected in the past and you choose to begin farming it without speaking with the owner and gaining permission and that owner does not attempt to stop you from farming the land, you may be legally permitted to claim adverse possession. If however, the owner of the land agrees at some point in writing that you have permission to use that land for as long as you want, these laws no longer apply. If the owner grants permission for you to use the land then it is known as permissive use and you cannot claim adverse possession. You must be using property that belongs to someone else and using that property without any permission from them whatsoever in order for adverse possession to be considered.
There is another stipulation on whether or not adverse possession applies. If you are using the property of someone else, you have to be using it in an obvious manner. You cannot hide the fact that you are farming someone else’s land for instance. The maintenance that you are providing has to be done in a way that is obvious to the general public or to the person who actually owns the property. Adverse possession laws are designed to penalize landowners who allow their properties to go to waste. Owning property is a privilege in other words and a privilege that can easily be taken away. In the case of adverse possession, property ownership is granted to the person who is actually taking care of that property.
In some states there are timelines that must be followed in order for adverse possession laws to be valid. Some states dictate that the maintenance of the property must be done without written permission from the actual property owner and that this maintenance must be maintained for at least fifteen years. Different states may have different timelines. California for instance has a timeline of only five years while Virginia mandates fifteen years of open maintenance. If you feel that adverse possession laws apply to you, you should speak with a real estate attorney in your state of residence to determine whether or not you qualify for ownership of the property under these laws.