How Military Service Affects Child Custody Battles

Child Custody in Military Families: Challenges and Protections

The Best Interest of the Child

Courts establish child custody plans based upon the best interest of the child. Under this program, courts decide custody issues based upon what would serve the child's general well-being, and for that many aspects are considered. However, particular aspects come into play when a military spouse goes to family court with unsettled child custody.

Unique Challenges for Military Parents

Military service, by one or both parents, can bring tough child custody concerns. Around 142,000 participants of the Armed Forces (active, Guard, as well as Reserve) are single custodians of minor youngsters. Moreover, a lot of service members have remarried and now live in a family of one biological parent and his or her new spouse, that is a stepparent. The most complicated of all the scenarios, probably, are those in which a single service member has physical custody of a child without having obtained an order of custody from any kind of court.

When any one of these custodial-service member parents deploy, attend military training, or attend a service-mandated school, the concern emerges: "Who cares for the children while I'm gone?" A person needs to answer that question, and commonly, it is a state court family law judge. Military parents who might need to serve abroad risk losing child custody when deployed, so it's always better to look for a military divorce lawyer consultation.

Custody Battles and Protections for Military Parents

Based on the child's benefits and interests, courts may find that it's best for the temporary custody situation to become permanent. Unfortunately, military parents are, in some sense, punished for their service since their duties commonly make it hard to win a custody battle. Child custody can end up being a lot more complex when the parents are separated, and one uses a military deployment as a chance to reclaim a child. Moreover, even when the parents are not fighting, custody can be a lot more difficult relying on whether the mother or the father is the military parent.

For instance, if a military parent leaves a child with a stepparent or a family member during deployment, the other parent may apply for custody of the child. Commonly, short-term custody is sought, then permanent custody. The Servicemembers Civil Relief Act (SCRA) is a federal law that allows military personnel to stay civil procedures throughout military service. A stay is a temporary suspension of a legal action. Nevertheless, several courts do not use SCRA when it involves child custody. Juries believe that the best interests of the child exceed any type of federal legal protections to military parents.

More than 20 states have military custody protection. These states have actually passed regulations that safeguard parents while they're deployed. In these states, laws provide that permanent custody modifications cannot be made due to a parent's military service and allow military parents to regain custody after they return. Any temporary custody modifications made because of deployment revert to the original setup when the parent returns from duty.

Jurisdiction Challenges

In addition, relocation based on military service can make it difficult to determine what court has jurisdiction or authority in a custody case. If a military has actually lived abroad for some time, it's possible that a foreign nation's court makes a decision. Normally the residence state court maintains authority if the child or parents are only temporarily absent from the state. If a military custodial parent is relocated, the court needs to determine whether the parents and also the child are temporarily or permanently absent from the state. If a military parent wrongfully takes a child, the other parent might have issues enforcing custody rights.

The military does have guidelines requiring service members to comply with court custody orders. All military services maintain locator services that have the location information of military personnel.

Conclusion

Military divorce and family issues quite differ from the civil ones. However, military parents have some protections in the form of laws and regulations. Hiring a professional military divorce lawyer is essential to make sense of these protections. Clagett Law is here to guide you through this difficult period of your time and protect the rights you have by law.

"Cassie is one of the best attorneys I have ever dealt with. We were trying to adopt foster children, and after years of the state and other attorneys dragging their feet, she got the job done within two weeks. I would recommend her to anyone!"

Orignal story posted at https://clagett-law.com/blog/child-custody-for-military-parents/

Read more about this topic at
Military Child Custody Considerations
Does Your Military Status Affect Child Custody

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Updates on Preston Lord's Homicide Case: Charges Filed Against 7 Individuals

Updates on Preston Lord's Homicide Case: Charges Filed Against 7 Individuals

In a significant development, the Queen Creek Police Department (QCPD) has submitted charges against seven individuals in connection with the homicide investigation of Preston Lord, a 16-year-old teenager who was brutally murdered on October 28. The case has garnered widespread attention, and the community has been eagerly awaiting progress in the investigation. Here are the latest updates on the case.

Latest Updates on the Investigation

The QCPD has confirmed that charges have been submitted to the Maricopa County Attorney against seven individuals in relation to Preston Lord's homicide case. While the investigation is still ongoing, the names of the individuals charged have not been released at this time. The QCPD is urging the public to come forward with any new tips or information that could assist in progressing the investigation.

Community's Reaction to the Case

The brutal murder of Preston Lord has deeply impacted the community, prompting them to take action and demand justice. A memorial walk was organized, bringing together community members, parents, and students, to raise awareness about the issue of teen violence and emphasize the need for continued investigation[^1^]. The emotional walk, starting from Mesquite High School and ending at the police headquarters, aimed to send a strong message that the community will not tolerate such acts and expects the perpetrators to be held accountable for their crimes[^1^].

Related Cases Involving Teen Violence

The Preston Lord murder investigation has shed light on the larger issue of teen violence in the community. As a response, the Gilbert Police Department (GPD) has reopened four criminal investigations related to similar incidents. To specifically address teen violence, the GPD has established a dedicated web page to investigate these cases. The community has expressed concerns over groups like the "Gilbert Goons" and is calling for action against those involved in violent activities.

Conclusion

The Queen Creek Police Department, alongside the Gilbert Police Department, is diligently working to bring justice in the Preston Lord homicide case. With charges filed against seven individuals and an ongoing investigation, the community eagerly awaits the resolution of this case and hopes for an end to teen violence in their area. Community support and the commitment of law enforcement will be instrumental in holding individuals accountable and ensuring the safety of the community.

Read More At The Preston Lord Case: Unveiling the Truth Behind the Arrests and Investigation

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Risks and Consequences: Common Holiday Crimes and Penalties

Investigative Article: Uncovering the Root Causes of Common Holiday Crimes and Their Penalties

The holiday season is a time for joy, cheer, and spending quality time with loved ones. However, it is also a time when certain types of crimes tend to rise. As we celebrate the holiday season, it's important to take steps to prevent these crimes and understand why they happen.

Shoplifting During the Holidays - Why Does It Happen?

Shoplifting is a common crime that occurs during the holiday season. People don't just shoplift because they are greedy or have criminal intentions. There are several other reasons why this crime happens:

Desperation

Desperation is often a significant factor in holiday shoplifting. Some people may have lost their jobs or faced economic hardships throughout the year, leaving them with little money to buy gifts. Shoplifting seemingly presents an opportunity to get those gifts without having to spend any money.

Pressure to Create Perfect Holidays

The social pressure to create the perfect holiday celebrations can also lead people to shoplift. People may feel pressure to purchase expensive gifts or decorate their homes, and resorting to shoplifting may seem like an easy way to make it happen.

Thrill of the Crime

Some people shoplift merely for the thrill of it. The holiday season provides a lot of opportunities for shoplifters, and they can get a rush of adrenaline when they walk out of a store with goods they didn't pay for.

Punishments for Shoplifting

The penalties for shoplifting vary based on the severity of the crime. Generally, shoplifting is categorized as either misdemeanor or a felony. If the value of the goods stolen is less than $950, the crime is a misdemeanor. If the value is higher, the crime is a felony, and the penalties can include fines, jail time, and probation.

Identity Theft - Why Does It Happen?

Identity theft is a crime that can happen at any time of the year, but it tends to rise during the holiday season. People become victims of identity theft when their personal information, such as their name, address, social security number gets into the wrong hands. Here's what leads to identity theft:

Easy Access to Personal Information

During the holiday season, you may find yourself shopping more frequently, both in-person and online. This makes it easier for hackers to get access to your personal information, such as your credit card information or your account details.

Online Scams and Fraudulent Activities

The rise of online shopping has created a new opportunity for identity thieves. Scammers can create fraudulent websites, send fake emails, or create phishing scams to get access to your personal information. Once they have the information, they can take over your accounts and access your funds.

Punishments for Identity Theft

Identity theft is considered a serious crime, and the punishments can be severe. Fraudulent activities can result in imprisonment of up to 10 years or a fine of up to $250,000. Individuals who are charged with identity theft over $950 in California can be charged with a felony, which can lead to up to three years of imprisonment.

Domestic Violence - Why Does It Happen?

Domestic violence is a crime that occurs throughout the year, but it has been known to increase during the holiday season as well. Domestic violence is an act of aggression or violence towards a spouse, partner, or family member. Here are some reasons why domestic violence may occur:

Financial Stress

Financial stress can take a significant toll on individuals, and it is often the root cause of domestic violence. When money is scarce, it can cause tension, frustration, and arguments between partners or family members.

Family Stress

The holiday season is often marketed as a time of love and cheer, but it can also be a time of family stress. Relationships between relatives can be strained, and the pressure to host perfect holiday celebrations can lead to arguments and disagreements.

Alcohol and Substance Abuse

Alcohol and substance abuse can also lead to domestic violence. People may have a few too many drinks at a holiday party or turn to drugs to alleviate the stress of the holiday season, leading to violent outbursts towards their spouse or family members.

Penalties for Domestic Violence

Domestic violence is a serious crime, and the consequences can be severe. Penalties for domestic violence depend on the extent and nature of the crime, but they can include fines, probation, restraining orders, and even imprisonment. Domestic violence can also have long-lasting effects on families and relationships.

Contact a Defense Attorney Today

Understanding the reasons behind common holiday crimes is just the first step. Taking preventative measures and choosing an experienced defense attorney can help to reduce the risk of these crimes and protect your future. If you or someone you know has been charged with a holiday crime, reach out to Kolsrud Law Offices for legal guidance and support.

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What Are the Illinois Restrictions on Recreational Marijuana?

Recreational marijuana is officially legal in Illinois now after months of anticipation and preparation. It is a joyful time for cannabis users, businesses that will profit from its sale, and citizens whose previous marijuana possession records are being wiped. Marijuana possession and usage, like any other prohibited substance, is still subject to restrictions. Some marijuana rules are more stringent than those governing alcohol and tobacco. If you are not aware of the restrictions governing recreational marijuana, you may face drug-related criminal penalties.  

Possession

To begin, you must be at least 21 years old to possess marijuana in Illinois. There are other restrictions on how much cannabis you can possess: 

• 5 g marijuana concentration

• 30 grams marijuana flower

• The content of 500 milligrams in a cannabis-infused product

If you are visiting Illinois, your possession limits are reduced by half. Possession of more than the legal limit is a crime. 

Sale And Growth

Only licensed dispensaries are permitted to sell marijuana possession’s products. A license is also required to produce marijuana, whether as a business or as a medical marijuana consumer. Recreational marijuana consumers are not permitted to cultivate their own plants. 

Ownership Of a Vehicle

Transporting marijuana in an open container in your vehicle is unlawful. The marijuana must be stored in an odor-proof container and in an area inaccessible to the driver. 

DUI

Driving under the influence of marijuana is unlawful. The difference today is that a police officer must assess whether your marijuana use has impaired you. The state of Illinois has established a legal limit of 5 nanograms of the per milliliter of blood. The levels, on the other hand, can linger in your bloodstream for weeks after marijuana use, raising questions about whether they indicate impairment. 

Use

Marijuana usage is prohibited in public locations such as parks and restaurants. It is most secure when used at home. If you rent your house, your landlord may prevent you from smoking marijuana or eating marijuana-infused goods in public locations on the property. It is also prohibited to use cannabis in the presence of someone under the age of 21. 

International Travel

Remember that recreational marijuana possession is still illegal on the federal level as well as in Illinois’ surrounding states. You could face charges if you smuggle marijuana across state lines or have it on federal property, such as national parks. 

Contact A Criminal Defense Attorney in Illinois

Illinois law enforcement and communities are going through a transition period as they learn about and adjust to the new marijuana legislation. An Illinois Criminal Defense Attorney can assist you whether you have violated marijuana laws or have been wrongfully arrested by a police officer who is unaware of the laws. Call us now to book a free consultation to evaluate your case thoroughly. A solicitor can check the all bad and good of your certain situation & guide you accordingly. Infect, tell you the all the necessary things to make your case strong. Make contact right away! 

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Can Your Arizona Spouse Be Ordered to Cover Your Attorney Fees?

Type of Article: Business and Finance Articles Summary: In a divorce scenario, the costs of the legal representation are typically borne by each party. However, there are exceptional circumstances where an Arizona court may instruct one party to pay some or all of the other party’s attorney fees. In this article, we will explore the possible scenarios where a court may require a spouse to pay the attorney fees of the other party.

What are Attorney Fees?

Attorney fees refer to the costs of legal representation in a divorce scenario. This includes the hourly rate charged by the attorney, as well as any related expenses such as court fees and filing fees. Generally, each party is responsible for bearing their own attorney fees. However, there may be situational circumstances where one party may be ordered to pay the other party's legal fees.

When Can a Spouse be Required to Pay the Other Spouse's Attorney Fees?

One scenario where a court may order a spouse to pay the other spouse's attorney fees is when there is a significant disparity in income. In such cases, the family law courts in Arizona have discretion to award "reasonable attorney fees" as necessary to ensure that both parties are properly represented. A higher-earning spouse is typically ordered to pay the legal fees of the lower-earning spouse to ensure that both parties have an equal opportunity in the representation.

When does the court Determine the award of Attorney Fees?

In Arizona, the court may make a decision on attorney fees during any stage of the divorce proceeding. Sometimes attorneys will motion for attorney fees to be paid, and other times the judge may determine that one spouse is at a disadvantage due to a significant disparity in income and order the higher-earning spouse to pay for the lower-earning spouse's attorney fees.

What Are the Other Scenarios Where A Court May Order Payment of Attorney Fees?

In addition to a significant disparity in income, a court may also require payment of attorney fees in the following situations:

• If one spouse engages in conduct that unreasonably increases the cost of the divorce proceeding, the court may order reimbursement of some of the other party's attorney fees.
• If a spouse unreasonably fails to comply with a request for information or documentation related to the divorce proceeding, the court may also require the other party to pay some or all of the requesting party's attorney fees.
• If one spouse unreasonably delays the divorce proceeding, the other party may be awarded some or all of their attorney's fees incurred as a result of the delay.

How Does the Court Decide the Amount of Attorney Fees to be Paid?

The court examines numerous factors when determining the appropriate amount of attorney fees that one spouse must pay the other. The factors considered may include the length and complexity of the divorce proceeding, the reasonableness of the fees incurred, the necessity of the attorney fees, respective parties' incomes, and other relevant circumstances. The court may also conduct a hearing to review payment of attorney fees to be paid and ensure that the fees incurred were reasonable and necessary.

Can I Claim Attorney Fees After the Divorce?

It would be best to claim the attorney fees during the divorce proceeding. However, you can still pursue fees after a divorce decree, this is commonly referred to as a fee enforcement action.

Conclusion

Divorce can be a very complicated and difficult time for anybody, with the impending court proceedings and attorney fees adding fuel to the fire. However, understanding the circumstances that allow the court to require one spouse to pay for the other's legal fee could help you in planning around the divorce proceeding. This information should also help each party's attorney in ensuring that they receive reasonable compensation for the professional services they render.

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What to do after Getting a DUI over the 4th of July Weekend?

 Driving under the influence of drugs or alcohol is a serious offense, one that can result in severe penalties such as a fine, license suspension, and even imprisonment. If you have been caught DUI over the 4th of July weekend, it is natural to feel overwhelmed and confused about what to do next. However, it's crucial that you take immediate steps to address the situation to avoid any further troubles. Here are the top 7 steps you need to follow if you have been charged with a DUI over the 4th of July weekend:

Step 1: Consult with an Experienced DUI Attorney

The first thing you should do immediately after being charged with a DUI is to contact an experienced DUI attorney. A DUI attorney can provide you with legal advice and help you understand your rights and options. They can assist you in responding to your charges, represent you in court, and negotiate the best possible outcome for your case.

Step 2: Understand Your Charges

It's crucial that you fully understand the charges against you and the potential consequences of a conviction. DUI charges can vary depending on the state you are in, but common penalties include fines, license suspension, community service, and even jail time. Your DUI attorney can explain the charges against you and help you plan the best defense strategy.

Step 3: Attend All Court Hearings

If you have been charged with a DUI, you will most likely be required to attend court hearings. It's important that you attend all court hearings, as failure to do so can result in additional charges and penalties. Your DUI attorney can guide you through this process and provide legal representation throughout.

Step 4: Be Honest with Your DUI Attorney

It's crucial that you be completely honest with your DUI attorney about your situation. This includes your alcohol or drug consumption, the events leading up to your charges, and any previous criminal convictions. Your attorney needs all the relevant information to plan a strong defense strategy and support you effectively throughout your case.

Step 5: Cooperate with Law Enforcement

Cooperating with law enforcement is essential when dealing with a DUI case. It's important that you are polite, honest, and respectful to the police officers and follow their instructions. Refusing to cooperate or being aggressive with law enforcement can worsen your case and result in additional charges and penalties.

Step 6: Take Responsibility for Your Actions

It's essential to take responsibility for your actions and avoid making excuses or blaming others for your situation. Acknowledging your mistake can have a positive impact on your case and help you receive a more favorable outcome. You can also take steps to address any personal issues that may have contributed to your DUI charge, such as seeking counseling or attending rehabilitation programs.

Step 7: Explore Your Options

If you have been charged with a DUI, there may be options available to minimize the consequences of your actions. This could include plea agreements, diversionary programs, or alternative sentencing options. Your DUI attorney can explore all possible options and help you negotiate the best possible outcome for your case. In conclusion, getting charged with a DUI over the 4th of July weekend can be a frightening experience. However, following the steps outlined above can help you take control of your situation and mitigate the consequences of your actions. Remember to seek legal advice, attend all court hearings, cooperate with law enforcement, and take responsibility for your actions. By doing so, you can move past this difficult chapter in your life and work towards a brighter future.

Learn More: https://arjashahlaw.com/blog/dui-over-4th-of-july-weekend/

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The Menace of Human Trafficking: A Barrier to National Security, Growth & Sustainability.

The Menace of Human Trafficking: A Barrier to National Security, Growth & Sustainability

Human trafficking is a global phenomenon that has affected countries all around the world, including the United States. Not only is it a grave violation of human rights, but it also poses a significant threat to national security, economic growth, and overall sustainability. Human traffickers use force, fraud, or coercion to exploit individuals for various purposes, including labor, sex, and organ trafficking. The illicit nature of these activities makes it difficult for law enforcement agencies to detect and prosecute traffickers, thereby exacerbating the problem.

In recent years, there have been concerted efforts by various stakeholders, including governments, civil society organizations, and the private sector, to combat human trafficking. However, much remains to be done to eradicate this scourge and prevent its adverse impacts on the most vulnerable populations around the world. In this article, we will delve deeper into the menace of human trafficking and highlight its impacts on national security, economic growth, and sustainability.

The Adverse Effects of Human Trafficking on Society

Aside from the significant impact of human trafficking on national security, this heinous crime also has detrimental effects on society. Human trafficking leads to the disintegration of families and communities as victims are often separated from their loved ones and sent to other parts of the country or world. Many victims of human trafficking suffer from physical and psychological trauma, which can have long-lasting effects on their overall well-being. Furthermore, human trafficking perpetuates social inequality and fosters a culture of exploitation and violence.

The consequences of human trafficking on society are far-reaching and multifaceted. It affects not only the victims but also their families, communities, and society at large. Human trafficking undermines the rule of law, erodes trust in public institutions, and weakens democratic institutions. It also has economic implications as it fuels the growth of the underground economy and deprives governments of revenue. The social costs of human trafficking are significant and serve as a constant reminder of the need to take action to eliminate this abhorrent practice.

Combating Human Trafficking: The Way Forward

The fight against human trafficking requires a multi-sectoral and collaborative approach that engages governments, civil society organizations, the private sector, and other stakeholders. Governments must enact and enforce laws that criminalize human trafficking and ensure the protection of victims. Civil society organizations play a critical role in advocacy, awareness-raising, and providing support services to victims of human trafficking. The private sector can play a key role in preventing human trafficking by implementing ethical business practices and supporting initiatives that promote sustainable livelihoods.

International cooperation is also essential in combatting the global nature of human trafficking. Countries must work together to strengthen legal frameworks, share intelligence, and support each other's efforts to combat human trafficking. Furthermore, effective prevention strategies must be put in place to address the root causes of human trafficking, including poverty, inequality, and lack of opportunities. By working together and adopting a comprehensive approach, we can effectively combat human trafficking and create a safer, more just, and sustainable world for all.

Educating the Masses: The Role of Awareness in Combating Human Trafficking

One of the most effective ways to combat human trafficking is through education and awareness campaigns. Educating the masses on the dangers and consequences of human trafficking can help prevent the spread of this heinous crime. By raising awareness, we can help people recognize the signs of human trafficking and take appropriate action to prevent it. Additionally, education can help to dispel common myths and misconceptions about human trafficking, allowing people to better understand the issue and its impact on society.

Building awareness and education can be achieved through a variety of channels, including mass media, social media, educational institutions, faith organizations, and civil society organizations. By mobilizing these channels, we can create a strong and sustained campaign that reaches across all sectors of society. Furthermore, such educational campaigns can empower communities to take collective action against human trafficking and create a culture of intolerance towards the practice. It is essential to recognize the transformative impact that education and awareness can have on the fight against human trafficking.

Supporting Victims of Human Trafficking: The Importance of Rehabilitation and Reintegration

Supporting victims of human trafficking is critical to reducing the human cost of this heinous crime. Many people who are trafficked face extreme trauma and can suffer from a range of physical and psychological issues. Therefore, it is essential to provide victims with comprehensive support, including medical care, counseling, legal support, and vocational training. Rehabilitation and reintegration programs can help victims regain their independence and reintegrate into society. These programs can provide access to education, employment opportunities, and social networks, which can help rebuild the lives of survivors.

Furthermore, rehabilitation and reintegration programs can play a crucial role in preventing re-trafficking. By providing survivors with the tools and resources they need to rebuild their lives, we can help them to resist the efforts of traffickers to lure them back into exploitation. These programs can also help survivors to become advocates for change and help address the root causes of human trafficking. Supporting survivors of human trafficking is essential to ensuring that victims receive the care and support they need to rebuild their lives. It is also critical to preventing further exploitation and promoting long-term recovery.

Final Notes

Human trafficking is a complex and multifaceted issue that requires a multi-sectoral approach to combat. In this article, we have highlighted the following key points:

1. Human trafficking poses a significant threat to national security and undermines the economic growth and sustainability of countries
2. Human trafficking has adverse effects on society, perpetuating social inequality, disintegrating families and communities, and fostering a culture of exploitation.
3. Combating human trafficking requires a comprehensive approach that includes enactment and enforcement of laws, international cooperation, prevention strategies, rehabilitation, and victim support.
4. Raising awareness with education and awareness campaigns is an effective tool to combat human trafficking.
5. Supporting victims through rehabilitation and reintegration programs is essential to promoting long-term recovery and preventing re-trafficking

The fight against human trafficking is ongoing, and much remains to be done. It is essential that governments, civil society organizations, the private sector, and individuals work together to take action to eradicate this scourge. We must create a safer, more just, and sustainable world for all by promoting ethical business practices, enforcing laws, raising awareness, and supporting survivors. By doing so, we can create a future where human trafficking is no longer a menace to society.

References:

1. Council on Foreign Relations. (2023). The Threat of Human Trafficking to National Security, Economic Growth, and Sustainable Development  https://www.cfr.org/blog/threat-human-trafficking-national-security-economic-growth-and-sustainable-development
2. U.S. Department of State. (2021). Annual report on trafficking in persons. https://www.state.gov/wp-content/uploads/2021/07/2021-TIP-Report-Complete.pdf
3. United Nations Office on Drugs and Crime. (2018). Global report on trafficking in persons. https://www.unodc.org/documents/data-and-analysis/glotip/2018/GLOTiP_2018_BOOK_web_small.pdf

Additional References: The Threat of Human Trafficking to National Security, Economic Growth, and Sustainable Development

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