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Chalmette Legal Blog

How to share custody of your child on Halloween with your ex

Many parents enjoy the thought of seeing their children dressed up as their favorite storybook character, a superhero, or maybe just a cute little pumpkin. If you are your ex and divorced though, finding a way for both of you to enjoy time with your child on a holiday like Halloween can be far from easy to do.

When working out a custody agreement with your ex, you'll want to think long and hard about how you wish to spend holidays with your children. If you're big into celebrating these occasions, you'll want to ensure that the parenting plan you and your ex agree to accounts for that.

Learn the Dutch Reach and save a bicyclist's life

Dooring accidents happen when a motorist opens the door of his or her vehicle into the path of an oncoming bicyclist. As you can imagine, if the bicyclist is riding fast enough, and the timing is such that he or she can't react in time, the consequences can be catastrophic.

Numerous bicyclists suffer serious, debilitating, disabling and even fatal accidents as a result of dooring incidents every year. However, the Dutch have a solution. It's called the "Dutch Reach" and if every vehicle driver and passenger learned this simple trick, it would render dooring accidents a thing of the past.

Louisiana man killed by driver backing out of driveway

A Meraux, Louisiana, man was killed over Labor Day weekend when his motorcycle hit the back of a Nissan Titan truck. The 31-year-old man was pronounced dead at the scene on LA 23 in Belle Chasse.

According to Louisiana State Police, the crash occurred as a 68-year-old woman was backing her truck out of a driveway. The motorcyclist, who was reportedly driving fast, struck the truck. He was ejected from the bike.

Why do kids blame themselves for their parents' divorce?

If you've been consulting books or other sources of information on helping children deal with divorce, you've probably heard that kids often blame themselves, at least in part, for their parents' break-up. Why is that and what can you do help prevent your children from inflicting these feelings of guilt and blame on themselves?

Kids often feel powerless, and perhaps no more so than when they see their parents' marriage fall apart. By convincing themselves that they contributed to the break-up or that they can do something to bring their parents back together, they're giving themselves a feeling of power they don't actually have.

Why you need a prenup even if you're not wealthy

Prenuptial agreements are more common than they used to be. However, many people think that if they aren't going into a marriage with millions of dollars in assets, there's no need to spend the time or money to get one or to risk the conflict that proposing a prenup to their soon-to-be-spouse could cause. However, there are a number of circumstances that warrant putting a prenup in place to protect both people.

That's particularly important in a community property state like Louisiana where anything that either one of you purchases during the marriage is split in half in a divorce in the absence of a prenup.

  1. Either or both of you owns a business. Without a prenup that states otherwise, you could be required to split the value of your business with your spouse even if he or she has no ownership of it and has taken no part of it.
  2. One or both of you has a significant amount of debt. In community property states, not only assets are divided in half during a divorce. So is debt. If you don't want to be stuck paying off your wife's student loans or your husband's car loan on his Porsche, a prenup is wise.
  3. You have children from a previous marriage or relationship. A prenup can help ensure that your children will get the assets and property that you want them to have without having to share or potentially fight for it with your spouse if you should pass away.
  4. One of you plans to be a stay-at-home parent or continue their education. Many times, one spouse goes on to get an advanced degree while the other supports the couple. The spouse with the advanced degree may end up making considerably more money than the other. Further, if one spouse leaves the workforce to care for children, he or she may be at a significant financial disadvantage should the couple break up. A prenup can help ensure financial stability for both spouses after a divorce.

Federal regulators withdraw proposal for sleep apnea testing

The dangers of obstructive sleep apnea (OSA) in those who drive trucks and operate trains have been widely reported. One physician with the Harvard School of Public Health noted last year, "Drivers with untreated obstructive sleep apnea who were noncompliant with treatment had a five-fold increase in the risk of serious preventable crashes."

Last year, two federal agencies proposed a rule to require these drivers and operators to undergo testing for OSA. The Federal Railroad Administration (FRA) and the Federal Motor Carrier Safety Administration (FNCSA) noted in their proposal that OSA "can cause unintended sleep episodes and resulting deficits in attention, concentration, situational awareness, and memory…." The agencies cited a number of fatal truck and train crashes where OSA was found to be a factor.

Takes steps to protect yourself after a crash

When you are in a motor vehicle accident, your mind might go blank. It might be hard to remember exactly what you are supposed to do. One thing that you have to keep at the front of your mind is that you need to protect yourself.

There are a number of ways that you can protect yourself, so make sure that you take the time to think about how each of your actions might affect you later. Here are some points to think about after a motor vehicle crash:

NCIS: New Orleans actress battling with ex over recent move

When divorced parents who share custody of their children are required to relocate for the good of their career, they sometimes find themselves hamstrung by the objections of their co-parent.

Many couples place limitations on relocation in their custody agreements. Other times, a parent doesn't raise an objection until a relocation is on the horizon.

Don't forget your timeshare during divorce

If you and your spouse are divorcing and the two of you own a timeshare, it's essential to give some serious thought to the best way to handle it. In a best case scenario, the two of can agree on how you want to deal with your timeshare so that you don't spend time and money battling over it. There are three primary options, depending on whether one or both of you wants to keep it.

If one of you wants to continue to use the timeshare and the other doesn't, the spouse who wants it can buy out the other's share. If you do this, you need to have it appraised to determine whether it's an asset or liability. If you still owe money on it, you should specify in your divorce agreement how much each person will pay to cover the debt.

Fatal accident highlights dangers of amusement rides

Many of you likely heard about the tragic fatal accident that occurred recently at the Ohio State Fair when the Fire Ball ride malfunctioned. Seats came off of the spinning ride, sending an 18-year-old young man to his death and injuring seven more people, including one as young as 14. Some were struck by flying debris from the malfunctioning ride.

While inspectors worked to determine what caused the ride to go horribly wrong, carnivals and fairs across the country closed their Fire Ball and similar rides as a precautionary measure at the height of state fair season.

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