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Issues of child custody can be emotionally and legally complex. Unfortunately, not being married doesn’t make matters any easier. The best way to ensure custody and visitation of your children is to have a signed custody agreement, preferably an order from a court. Here are a few legal considerations when trying to obtain custody of your child: Paternity First Your first concern in a custody battle is establishing paternity. In most states, the male spouse is presumed to be the father, but unmarried fathers may have a harder time establishing paternity....

Can a board member of a tax-exempt nonprofit also be a salaried officer of the organization? The short answer: It depends. In a previous blog post, we talked about the issue of private inurement, when discussing the recent case of Greg Mortenson. After allegedly abusing his status as a board member, he is still allowed to work as a salaried employee of the organization. But he is no longer allowed in any financial management role....

With the oil spill now devastating businesses all over the Gulf Coast, BP has repeatedly said it would make good on all legitimate claims of loss. Here is one more to add to BP’s list. Famed New Orleans Chef Susan Spicer is suing the oil company for losses to her restaurant business due to the spill. Although she is a highly regarded and well-known chef, Ms. Spicer is also a small business owner who, like the fisherman and others who earn a living from the sea in Louisiana, has seen her business decline in the wake of the oil contamination....

A defective or dangerous product is a business’s worst nightmare. The damaged reputation and possible civil suits are bad enough to contemplate, but do small business owners need to be worried about jail time as well? When companies contemplate a product recall, it’s often a consideration of the potential harm and potential civil liability. But there are scenarios in which failing to recall a product could result in criminal charges, as well....

It is commonly know that you can’t squeeze blood from a stone, and the same could be said for getting money for injuries from uninsured or underinsured drivers. Of course everyone is technically liable for the injuries they cause due to negligence, which is one reason that state minimum insurance requirements exist. But cases have to be proven and you must successfully sue to collect damages, and there may be little point to suing someone who cannot afford any insurance, although a negligence case shouldn’t be ruled out entirely....

Divorces are emotional. So are pregnancies. When the two occur simultaneously, the emotional rollercoaster can lead to legal rights being overlooked and abandoned. During pregnancy, for both divorcing spouses, there are specific legal considerations that need to be accounted for. Raising a child is filled with unique first moments and bonding experiences. Because of this, scheduling bonding time with newborns and infants that require regular and frequent feedings can often create extreme tension....

If you inherited property as an heir or next of kin this year, you might have thought you were getting a windfall. Instead, you may have just gotten a more complicated tax filing. Before you can determine how much you’ll owe in taxes on your inheritance, you have to first figure out if you even have to pay inheritance taxes in the first place. Federal Filing The federal government imposes taxes on any property given away during a person’s life or after death....

Erin Cox, an honor student at North Andover High School outside Boston, faced disciplinary action by the school for picking up a friend from a party who was too drunk to drive. But just as Cox, 17, arrived at the party, the cops showed up too. That’s apparently what got her in trouble with her school. But did Cox’s behavior actually violate the school’s zero tolerance policy? Two weeks ago, Cox received a call from a friend who was too inebriated to drive home from a party....

Title II of the Civil Rights Act of 1964 and Title III of the Americans with Disabilities Act of 1980 prohibit discrimination based upon race, gender, ethnicitiy, religion, and disabilities in places of public accommodations. But, what is a public accommodation? Does it apply to your small business? Public Accommodation Generally, a public accommodation is any business that provides services to the public. Title II of the Civil Rights Act defines a public accommodation as any hotels, restaurants, theaters, or any business’ whose operations affect commerce....

A trusted employee has been missing more days of work than usual. His productivity is down and co-workers are complaining about his attitude. In this and similar situations, it’s possible that your employee may be dealing with substance abuse. Here are some signs of drug abuse to look out for: According to the National Council on Alcoholism and Drug Dependence, Inc. (NCADD), employee drug abuse costs employers over $80 billion annually....

Newark, N.J., Mayor Cory Booker is being hailed as a hero, after he rescued his neighbor from a house fire – and nearly got trapped in the flames himself, the New York Daily News reports. “I didn’t feel bravery – I felt terror,” Booker, 42, told reporters about his daring act Thursday night, when he arrived home to find his neighbor’s house engulfed in flames. A member of Booker’s security detail tried to stop him from the rescue, but Booker was adamant....

A pair of dog owners has filed a lawsuit against a Michigan Department of Corrections investigator after he allegedly shot the pair’s 15-year-old dog while looking for a fugitive in the wrong house. The investigator was one of a team of officers who raided the Flint home of Erica Morena and Katti Putnam earlier this year, reports the Detroit Free Press. The officers were looking for a fugitive – who was actually in the house next door....

You don’t have to search too hard to find some clickbait article about everyday household products that are slowly killing you. But what happens when you legitimately believe that one of those products has caused you a great deal of harm? One New Jersey couple took the makers of talcum powder to court, claiming the product gave the husband cancer. Now, thanks to that lawsuit, they’ve been awarded a total of $37 million....

President Barack Obama has drawn criticsm lately not only for his administration’s decision to go forward with the New York trial of the professed Sept. 11 mastermind but for his opinion that if Khalid Sheikh Mohammed is convicted he will face the death penalty. Last week in the media, Obama said he is “absolutely convinced that Khalid Sheikh Mohammed will be subject to the most exacting demands of justice. The American people will insist on it and my administration will insist on it....

Oregon could be following California’s lead as it is looking to legalize pot by putting a measure on the November ballot. Marijuana advocates have begun collecting signatures for a measure that would legalize the sale, possession and personal private cultivation of marijuana, Stateline.org reports. A percentage of pot sales would be used to promote industrial hemp biodiesel, fiber, protein and oil. Also, through a structure set up of state-run stores an estimated 90% of total proceeds would go to Oregon’s general fund....

“Operation Hot Date” in central Florida led to the arrest of dozens of alleged prostitutes and pimps. Polk county police targeted Craigslist adult ads and arrested 34 people from counties throughout central Florida. While we often hear people talk about “entrapment,” the entrapment defense is very unlikely to help a defendant whose own Craiglist ad leads to his or her arrest. As reported by the Miami Herald, the arrests followed responses to adult ads posted on Craigslist....

Is a sperm donor the parent of your child? Well, biologically-speaking, he is. But, is he a “parent” in the sense that he is financially obligated to help you out? Several court cases say yes, forcing sperm donors to pay child support. Concerned sperm donors should note that these cases are probably considered outside the norm. The child support-paying sperm donors usually have a closer than normal relationship with the children and the family....

Business owners love Black Friday. Shoppers come out in droves in order to shop for the holidays. The one thing business owners like seeing more than their stores filled with customers, is their sales (and thus revenues and profits) soar. However, if a business isn’t ready for the holiday rush, disaster could be lurking around the corner. Fortunately, we’ve got a round up 5 of the best FindLaw articles to help business owners survive the holiday shopping rush....

Late last night, President Donald Trump nominated Tenth Circuit Court Judge Neil Gorsuch to the vacant seat on the Supreme Court. Gorsuch has never been shy about his admiration for the late Justice Antonin Scalia (he called him a “lion of the law” during Trump’s announcement last night), so perhaps it’s appropriate that, if confirmed, he will fill Scalia’s empty chair. The “if confirmed” part is actually a big if, as Senate Democrats are gearing up for a battle over Gorsuch’s confirmation....

Vermont Gov. Peter Shumlin has signed into law the nation’s first statewide ban against fracking, citing concerns the oil- and gas-extraction practice could hurt the environment and public health. “This bill will ensure that we do not inject chemicals into groundwater in a desperate pursuit for energy,” Shumlin said, according to CNN. The science behind fracking is “uncertain at best,” he declared. But supporters of fracking, or hydraulic fracturing, say Vermont’s concerns are unfounded....