Call for a Free Consultation

Archive for February, 2021

Can a Parent Legally Take Their Child Away from the Other Parent?

Posted on: by

Sole custody is not favored in court. This type of custody, however, is warranted when the child’s well-being is at stake. So yes, a parent CAN legally take their child away from the other parent. But, when the child is in safe hands with either parent, sole custody is unlikely to be granted. The following are scenarios when one parent may be granted sole custody.

Co-parenting is necessary for a child to be aware of different perspectives and approaches to life. When both parents are actively involved in the child’s upbringing, the child will benefit significantly in the long run. This is why family courts prefer the involvement of both parents in the child’s life.Child Support Lawyers in Oak Lawn, IL

Raising a child requires immense emotional and financial resources and responsibility. When two parents divide the responsibility of child rearing, less friction is experienced in the relationship. In addition, the burdens and stresses involved with bringing up a child are lessened for either parent.

A parent may be unfit to raise a child. Many reasons can cause a mother or father to fail as a parent. A court is more inclined to grant sole custody to one capable parent when the other is likely to harm the well-being of the child in some way.

How a Parent Can Legally Take their Child Away from the Other Parent

  1. Incarceration. A parent who is incarcerated is unable to provide the life essentials to the child. Such a parent is incapable of providing financial resources, adequate shelter, food or proper guidance when behind bars. During the period of incarceration, the other parent will be granted sole custody.
  2. Mental Instability. The courts also look at mental fitness. A parent who struggles with mental health will be required to provide the courts with a treatment plan. If the courts determine that the parent does not possess the mental capacity to raise the child, the other parent may be granted sole custody.
  3. Child Abuse. Protecting the child and ensuring the child’s well-being are paramount in family court. Abuse, including physical and sexual, are not tolerated by the courts. When a parent is found to be abusive, it is grounds for the courts to award sole custody to the better parent.
  4. Neglect occurs when a parent fails to provide the child with necessary medical care, supervision, food, clothing, shelter or other life essentials. If neglect has occurred in the past, the courts will conclude it may continue in the future. Consequently, the able parent may be awarded sole custody.
  5. Substance Abuse. Substance abuse is frowned upon, especially when it comes to the well-being of the child. A parent who abuses drugs or alcohol will experience an altered state of mind and cannot possibly care for the child. In cases of substance abuse, courts will prefer sole custody.
  6. A child must remain physically protected at all times. When a parent abandons the child, does not attempt to make contact or shows little interest in caring for the child, the parent acts as a stranger. In order to promote the well-being of the child, sole custody will be considered.
  7. Out of State. Sometimes both parents may be well-meaning. However, one parent may decide to relocate to another country or state. While shared parental responsibility is an option, most courts will consider the vast physical distance and grant sole custody to one parent.

What strengthens a case for sole custody?Talk-with-Employer-Workers-Compensation

Requesting sole custody should be done in the best interests of the child. Unfortunately, some parents want to hurt an ex, try to win more child support or attempt to wiggle out of paying child support. Parents may feel an ex will not care for the child as well.

The main reason for seeking sole custody is to protect the child. However, false claims are common in court, which is why a parent who seeks sole custody should be prepared to make a case. Proving the other parent is harmful, potentially harmful or otherwise unfit requires evidence.

Official documents can influence a court’s decision to award sole custody. Testimony from a friend or family member is insufficient to persuade the courts of wrongdoing. Medical records, police reports and photographs, however, are weighty pieces of evidence of neglect or harm.

The courts can also step in and conduct a drug test upon suspicion that the other parent is abusing drugs. A failed drug test is condemning. In some states, an impartial mental health professional can also become involved and provide a custody evaluation.

A parent can also keep track of visits. Long absences between visits can be proven by asking the other parent to provide a photo with the child on a day he or she falsely claims to have visited. Digital photos come with date details embedded within the properties tab.

Although rare, a parent may be granted sole custody. In such instances, the child is legally taken away from the other parent. As mentioned, courts prefer parental involvement from both sides, making it imperative that a parent who seeks sole custody prepare a compelling case.

Work with a Child Custody AttorneyBerry-K.-Tucker-Divorce-Lawyer-Oak-Lawn-IL

When you aim to make a strong case for sole custody, seek the expert legal counsel from Berry K. Tucker & Associates, Ltd. Our firm of family law attorneys brings over fifty years of experience in all matters surrounding child custody (parental responsibility).

Our child custody lawyers advocate for the well-being of you and your child. We conduct heavy research, thorough investigations and are prepared for all situations. Our attorneys handle parental responsibility cases promptly so that your family can return to normal life as quickly as possible.

As Illinois family laws evolve, the attorneys at Berry K. Tucker & Associates, Ltd. stay updated on all changes. We have won countless cases that have resulted in joint custody, shared parenting or full custody. In every case, our firm has ensured the well-being of the child.

Contact Us

When you anticipate a child custody battle, turn to the family law attorneys at Berry K. Tucker & Associates, Ltd. We will fight for your rights as a parent and protect the welfare of your child. Our firm serves families in Oak Lawn, Illinois.

Call us at (708) 425-9530 to get started with an initial consultation.

How a Missing Police Report Affects Your Car Accident Claim

Posted on: by

A police report is not always needed in a car crash claim especially when the accident was minor and there were no injuries. But a car accident claim could get complicated if the claimant does not have a police report. In this article, this issue is discussed in detail to help readers if they are facing this issue.

Why Is It Important to File a Police Report?Car Accident

The first thing a victim should do after a car crash is calling 911 so that police can immediately reach the scene, review the situation, check the health of people involved in the accident, issue a traffic citation, and if necessary call the other first responders like paramedical staff, fire department, more police officers, etc.

When police officers arrive on the accident scene they initiate an investigation to find out the cause of the accident and who is liable for that. Other information that usually police gathers in their report include:

  • Witness statements
  • Information of driver and passengers of all parties
  • Diagram of the accident scene
  • Description of property damage or injury
  • Condition of road and weather when the accident happened

When Missing Police Report Complicate The Case?

The burden of providing proof falls on the victim in the car wreck claim. Moreover, insurance companies deny the claim that victims made and say that these injuries were not linked to the crash. They might be proved right if you fail to file a police report.

Thus, this police report is the official record of the collision and helps to link the injuries to the accident. With this report, it will be easier to establish who was at the fault.

Is It Possible to File A Claim Without a Police Report?Client-Talking-to-Attorney-in-Office

Even without a police report, you can still file the claim. As discussed earlier, it becomes necessary when the insurance company requires it, and if there is no report you might be prohibited from filing the claim.

Still, it is better to file a claim if there is no such requirement of the insurance policy. Another step that can help in proving the claim is collecting evidence at the accident scene such as:

  • Car accident scene photos
  • Statements of the third-party witnesses
  • Dashboard, traffic, or surveillance camera video footage

Learn How Attorneys Will Help You

Your car crash case may become complicated if the police report is missing. Also, collecting the related evidence stuff like the traffic camera video might be difficult without any personal injury lawyer’s help. If you have queries in your mind regarding the legal process of the car crash, consider consulting an experienced attorney.

Long Beach Accident Lawyers have a proven track of dealing with such cases on a regular basis. Call them today and discuss your case in detail with their lawyer. They can assist you if you filed a police report or not.

You do not need to pay an upfront fee and just focus on getting the compensation you deserve. That is why most collision claimants consider hiring a lawyer to represent them during the entire legal process.

10 Common Mistakes Made by Personal Injury Claimants

Posted on: by

Personal injury cases are rarely straightforward and claiming compensation from the at-fault party is never easy. More than 50% claimants are victims of auto accidents injuries that are normally covered by vehicle insurers; yet, the claim process can be complicated under certain circumstances. The majority of personal injury victims are in a financially compromised and emotionally vulnerable state, which is why fulfilling legal obligations becomes a burden. Lack of familiarity with how personal injury law and insurance works leads them to make these common mistakes:

1. Vague Assessment of Injuries

Before filing a claim, it is necessary to recognize the extent of injuries and evaluate the fiscal value of the case. Many personal injury victims have no idea of the total estimated cost of their damages. You may not consider ongoing charges or possible expenditure in case long term medical treatment is required. Insurance adjusters take maximum advantage of claimants’ obliviousness.

2. Unrealistic Expectations or FearsWhat-to-Do-After-Personal-Injury-at-Work-Talk-with-Doctor

Some victims expect to be paid as soon as the claim is filed with the insurance company; just because your claim is valid does not mean that you immediately receive compensation. Some claimants get anxious about the case going to trial and the imposing legal expenses of court procedures. In the real world, less than 5% personal injury cases go to trial. There is no need to worry unless you faked injuries, or your claim is worth six figures or more.

3. Skipping Medical Treatment

If you don’t consult a certified doctor for your injuries, you may not have a case. Even if your injuries seem minor at the time of the accident, you must seek medical attention at all costs. Strictly follow up with treatment and never miss an appointment with the doctor. The medical reports and testimony issued by the practitioner are crucial to your claim.

4. Overlooking Medical Records

Filing a claim without using medical records is a ridiculous, yet common mistake. The defendant’s insurer may respond to a claim immediately by making an offer. However, you must be patient and wait for your medical reports to come in; without them, it would be impossible to estimate the true worth of your case.

5. Failure to Retain Evidence/Important Information

Some claimants exercise negligence by losing receipts and other tangible evidence that are integral to their claim. Make sure to keep track and secure all relevant information and documentation that supports your case.

6. Settling without Negotiation

No matter how appealing the insurer’s initial deal looks, do not fall for the bait. Once you agree to a proposition, there is no turning back. Take your time to think and push for a better offer.

7. Not Hiring a Lawyer

Dealing with the defendant and their insurance adjuster on your own is never a good idea. They will try to trick you into accepting a scanty offer or even attempt to deny your claim. Hire a Philadelphia Personal Injury Lawyer to fight for you and win the compensation you deserve.

8. Inadequate Attorney Shopping

All attorneys and law firms are not the same. You must conduct ample research before choosing a lawyer to represent your case. Many people skip attorney shopping and go with the unwarranted firm recommended by their insurance company.

9. Hesitating to Ask Questions

If you have any concerns about your case, ask away. Oftentimes, the questions that seem stupid lead to the most promising answers. Asking questions encourages elaborate discussions, which helps the personal injury lawyer and their client understand the case better.

10. Not discussing the psychological impact of injuries

When you talk about the accident and injuries with your lawyer, leave nothing out. You must reveal the physical and mental impact of the incident, even if the details sound embarrassing. The more your personal injury attorney knows, the greater leverage you get on the case.

Every Case is Unique

Fill out the form below to submit your case for a free consultation.

5210 West 95th Street
Oak Lawn, IL 60453



Call Now ButtonCall Us (708) 425-9530