Parental Kidnapping May Well Be A Crime

Many couples caught up in divorce also face the issue of child custody. Before a formal court ruling settles the dispute by delegating custody to one parent or the other or by setting guidelines for joint custody, parents may try to take things into their own hands. Before matters get out of hand in your case make sure you are aware of the consequences of your actions.

Most states encompass what is known as “parental kidnapping” laws in the general legislation. There may be some slight differences in how the laws are stated, but there are explicit factors that determine a case of parental kidnapping.

Without a court decision, either parent may assume custody and can feel free to take his or her child at will. The one stipulation is that the parent must be the biological mother or father. Step parents or common law marriage partners do not automatically qualify under the law, but they can appeal to the court to gain legal right.

A parent can be criminally charged with parental kidnapping if his or her intention is to keep the child away from the other parent in secrecy. Some laws may attach a timeframe for how long the child can be kept in isolation, but there are no stipulations about the use of force or weaponry.

There are some situations in which a parent will be seen to have had a legitimate reason for removing a child from the circumstances of his environment – if that parent has a valid concern for the safety of the child, for instance.

“Custodial interference” differs from parental kidnapping in that it pertains to one parent going against the conditions of custody that have been established by the court, but actions that fall under the category of custodial interference may also be construed as criminal.

If you find yourself in the middle of a difficult custodial situation contact a family law attorney who is familiar with the laws of your state that may pertain to your rights. The firm of Parker Lawyers is experienced in Colorado child custody debates. Call for advice @ 303-841-9525.

A Mortgage Company Must Act In Compliance With State Law

When a borrower falls short of his responsibility to make payments to his mortgage holder the lender has the right to foreclosure. Every state has its own foreclosure laws that vary accordingly. Some states for instance, require that an intention to foreclose be filed with the courts while other states don’t. There are some basics that apply to all foreclosure actions.

In a judicial action the mortgage holder is obliged to send a notice of intent giving the borrower an opportunity to avoid further action by paying what is owed plus any interest accrued. If the borrower chooses to ignore the notice or cannot meet the demand for payment the lender will proceed to file. The borrower will then be served with a legal summons to appear in court and given the opportunity to contest the lawsuit. However the borrower responds to the summons, the lender has the responsibility of proving that he has valid reason to foreclose.

If the judge rules in favor of the lender the borrower will be notified that the property will be sold at auction. Again the borrower will have a chance to come up with back payments and stop the sale. If the auction is allowed to take place and no one buys the property, it will remain under the ownership of the mortgage holder. Most state laws allow the occupant to stay in the home until he is officially evicted.

A judicial foreclosure procedure can be drawn out over a period of time, but a nonjudicial foreclosure that does not require a preliminary notice of intent can happen over a much shorter time span. In some states the lender can announce the impending sale of the property through a newspaper notice or by posting a sign on the premises. The borrower can always appeal to the courts on his own and ask that the sale be forestalled pending a legal proceeding.

An experienced attorney familiar with Colorado laws pertaining to foreclosure is at hand to confer at the client’s convenience. Call the legal offices of Parker Lawyers @ 303-841-9525.

Know All The Facts Before You Decide To Take Legal Action

A wrongful death lawsuit may be filed against an individual or an enterprise that is believed to be the cause of an untimely death. In order to be found legally at fault for the death it must be proven that the accused acted deliberately or failed to take reasonable measures to prevent the death from occurring.

If a surviving relative seeks to file a wrongful death complaint he must do so through a representative. Survivors are known as “real parties in interest,” and are commonly represented by the executor of the victim’s estate. State law determines who exactly may be deemed as a real party in interest, but as a rule he must be a close family member who was being supported by the decedent. Other relatives are sometimes recognized as beneficiaries, particularly if they have taken on the responsibility of raising any children left behind as a result of the death.

There may be more than one defendant in the same wrongful death lawsuit. The circumstances surrounding a fatal traffic accident for instance, could involve the negligence of the other driver, the bartender who served alcohol to the driver if he was under the influence at the time of the accident, and the state for lack of proper maintenance and safety conditions of the roadway.

Damages that may be sought in any wrongful death case are classified as “economic,” “non-economic,” or “punitive.” Medical expenses incurred while efforts were made to save the life of the victim are seen as benefits that would otherwise have gone to the plaintiff and are considered as an economic loss.

An example of a non-economic loss might be the grief and mental suffering that the survivors have gone through that was brought on by the death of the loved one.

Punitive damages are reasonable in cases of gross misconduct resulting in the death of another person. A good illustration may be medical or long term care neglect or abuse.

If you have concerns about whether or not you have a legitimate claim for wrongful death, contact Parker Lawyers @ 303-841-9525 for experienced advice on that or any other legal matter.

Anyone Can Benefit From A Trust Fund

When we read or hear about someone setting up a trust fund we often assume that that person has an estate worth a vast sum of money or property. In fact, a trust is merely a legal way to manage the dispersion of funds, and is a practical approach for anyone concerned with protecting their assets today and in the future.

There are various reasons for establishing a trust fund and many different provisions that can be included, but there are some basics that apply to all trusts. The “grantor” of the trust is the person who contributes to the reserve and decides how it will be administered. The “beneficiary” is the individual or organization who will profit from the security of the trust. The “trustee” is in charge of seeing to it that the instructions laid down by the grantor and allowed by the laws of the state are carried out. The grantor may choose a person who he has confidence in to be the trustee or he can arrange for a financial institution to stand in.

There are many advantages to having a trust, depending on your specific goals. A trust can alleviate any misunderstandings or disputes about your intentions after your death. Family members may interpret your wishes differently. The terms defined in your trust will be the final word.

If you have a favorite charity that you would like to include as a beneficiary of your estate naming them in your trust will avoid them having to pay taxes. Establishing a trust is also a good way to protect your beneficiaries from the burden of inheritance taxes.

If you are a business owner, you can attach certain stipulations to your trust that will assure that your enterprise will continue to thrive under the management that you have put in charge. If you want a relative to benefit from the continued profits of the business without having a say in management changes, this can also be arranged.

Since there are so many variants involved with setting up a trust, be sure to get advice from an attorney experienced in estate planning. Call Parker Lawyers @ 303-841-9525 today.