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What Are the Child Custody Rights in Divorce Cases?

The most important and complex issue in a divorce case is ‘Child Custody’. Both husband and wife, use child custody as a medium to establish the guilt and fault of the other party.

In India, Guardian and Wards Act, 1890 is empowered to determine the issue of child custody.

Generally, the court has the power to grant the following:

(a) Permanent Custody

(b) Interim Custody

(c) Visitation Rights

(a) Permanent Custody

The court awards permanent custody after determination of all aspects of the case. Usually, prime criteria is the “welfare of the child.”

While deciding the ‘welfare of the child’, the court mainly considers following factors:

i. The qualification of both father and mother.

ii. Family background of the both father and mother, which includes their financial and academic qualifications

iii. Child’s wishes

iv. Conduct of the parties

v. Overall development of the child.

(b) Interim Custody

The court awards interim custody during the pendency of the case keeping in mind the overall development of the child. While granting interim custody, the court tries to maintain balance between the husband and the wife and also remains cautious that the child is not treated as a shuttlecock between the estranged spouses.

The court also imposes certain conditions for the welfare of the child like not leaving the country without informing the court, to protect the interest of another party.

(c) Visitation Rights

The Court grants visitation rights at two stages, at the stage of the trial, and after the determination of the dispute (divorce in most of the cases). Once one of the spouses gets the permanent custody, other spouse has a right to meet the child once a week or as directed by the Court. The object of the court is to maintain the emotional bond between the child and parents.

Conclusion

In matrimonial proceedings, the court has to decide the question of custody of children during the pendency of the proceedings and after the passing of a decree. The court can revoke, suspend or vary, any such order made earlier on the change of circumstances. While adjudicating upon the custody of a child, the court has to keep in mind the welfare of a child. Though court considers other factors as well, however, welfare of the child is of utmost consideration. Usually, in female child custody cases, the courts give custody to the mother as at the age of puberty, girl child needs the mother’s care. Thus, over and above, welfare of the child is the influential factor while deciding the custodial rights.

Article Source: http://EzineArticles.com/9793437

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Information About Sexual Harassment Claims

Sexual harassment is a crime according to state and federal laws. The law basically defines sexual harassment as unsolicited and unwelcome sexual advances. It doesn’t have to involve physical touch or action to be categorized as harassment. This can occur at the workplace, hospital, school, gym, shopping center, and even at home. When it comes to sexual harassment cases, males and females, adults and children, employees and managers, groups and individuals, and anyone else can be guilty. Gender, age, and power can all differ from case to case.

Sexual harassment can come in many forms as well, including physical, verbal, emotional, and even visual. A licensed and experienced sexual harassment lawyer regularly handles multiple types of cases involving unwanted sexual conduct and abuse.

Examples of Such Cases Include:

Unwanted Sexual Solicitation

Violent Sexual or Physical Contact

Inappropriate Touching

Stalking

Sexual Pestering

Derogatory Comments or Jokes

Sexual Gestures

Verbal Sexual Abuse

Sexual or Obscene Letters, Emails, or Text Messages

Showing Sexually Suggestive Photos

Obsessive Staring

Verbal Sexual Propositions

Making Threats after Sexual Refusal

Offering Payment or Job Promotion for Sexual Favors

Harassment at Work

A person is being sexually harassed at work, it is standard for them to report the abuse to the company’s Human Resources Department. These types of departments typically have a system in which they investigate and manage harassment claims within the company. In the case that a company does not have such a department, it is common for employees to address the issue with their direct chain of command. In cases that the direct chain of command happens to be the abuser, a person should call an Indianapolis harassment lawyer instead. In other instances, managers and supervisors can be ineffective at putting a stop to sexual advances in the workplace. This is another time where a licensed lawyer would be advantageous.

Hire a Lawyer

If you are currently experiencing harassment, it is important to keep a detailed record of the events that take place so that you can build a stronger case against your abuser. Record dates, times, and descriptions of any inappropriate conversations, come-ons, solicitations, behavior, and more.

To learn more about the behaviors that establish sexual harassment, or the penalties of these behaviors, talk to a trusted and experienced lawyer right away. They have the knowledge and resources to help you gain a full understanding of your situation and your legal options.

A reputable sexual harassment lawyer cab help recover compensation for the following harassment damages:

  • Pain and Suffering
  • Mental Anguish
  • Emotional Trauma
  • Restraining Orders
  • Post-Traumatic Stress
  • Relocation
  • Therapy

Article Source: http://EzineArticles.com/9872632

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Understanding Medical Malpractice – What It Means

A person will generally file a medical malpractice suit with a lawyer if they feel they have received substandard care by any healthcare professional, like a doctor or dentist, that has directly resulted in economic or physical damages to them personally or a family member. When discussing what substandard care this generally means care that has violated the normal medical practices. In order to show medical malpractice there has to be three factors, which include a direct causal link, liability, and damages. For you to meet the requirements of liability, it must be proven a professional relationship existed between the provider of health care and you. Meeting this requirement is rarely a problem but being able to prove it was substandard care could be a little difficult. It depends on what the violation was.

Economic damages, injury, or suffering must be shown and be the direct result of the negligence. Most all parts of medical care have risks even if proper care is taken. Unless your lawyer can prove negligence from an outcome that turned out bad from the procedure or medical care alone, are not the grounds for a malpractice suit. When talking medical malpractice it can take on different forms. Some examples include:

• Not diagnosing a disease that is life-threatening
• Medication errors
• Surgical errors
• Delivery room or prenatal care
• Failure to give the correct follow-up care
• Anesthesia miscalculations

According to the Journal of the American Medical Association, approximately two hundred twenty-five thousand deaths happen each year because of medical malpractice. This makes it the third biggest cause of death in the United States. Approximately nine percent are caused by medication errors, miscellaneous errors, or unnecessary surgery. About eighty-two percent are due to contacting an infection while in the hospital or adverse reactions to medications.

It is harder to file a malpractice suits against hospital employees than against private physicians. Certain members of the staff in the hospital are often provided by private contracts so in these instances the contractor and negligent party is named in the medical malpractice suit and not the hospital. When there are multiple parties that are affected by the same negligent group it makes more sense to bring a class action suit, which can list hundreds or more plaintiffs. If the case is won then the monetary award, after paying court costs and legal fees, is distributed to the plaintiffs.

The laws that govern medical malpractice suits will vary in each state and may require different or additional criteria. When choosing a lawyer make sure that they specialize in this field of law.

Article Source: http://EzineArticles.com/9392570

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Is It Illegal to Download Free Music?

The Confusion Surrounding Music Copyright Law

Because there are so many different ways to get free music off the internet, there has become a lot of confusion and conflicting views as to what is legal and what isn’t.

“OK, so it’s illegal to burn a copy of a CD and distribute it. So are you telling me I can’t burn a mix CD and give it to a few of my friends?”

“It’s illegal to download free songs of peer-to-peer websites and servers, but can I download a song from my friend over Dropbox?”

These types of song copying and distribution leave many feeling that the laws are vague and outdated, so they just continue on downloading music illegally.

The increasingly popular technique of “YouTube to mp3” where you grab the mp3 file from a video someone posted of a song has only added to the problem.

Is that illegal too?

Let’s take a look.

The FBI Warning

You know how when you’re watching a movie on a DVD (for those of us who still do that) and on the screen comes that familiar “FBI WARNING” that tells you the material is copyrighted and it’s illegal to make unauthorized copies of said material of any kind… etc.

Well, despite what some outdated articles might say, this copyright (or internet piracy) law also applies to music.

What does that mean?

Redistribution of any kind, without the artists consent, is illegal. And if you participate by knowingly downloading music that is being distributed without the artist’s consent, you are participating in illegal activity.

This article at IBM compared using these third-party sites just to rip music from YouTube, like “using cassette tapes to record songs of the radio”.

And peer-to-peer servers as well as other websites that don’t even technically host the files on their website, are still participating in this illegal activity, and in the future, copyright companies will continue to be cracking down on this activity.

Are There Other Options?

Yes. You are not without hope. There are so many options. Honestly, with all the options out there it’s amazing how many people are still working so hard to download music for free (OK, there’s not that many). I remember those days, myself.

And I cringe at the thought of having to once again edit the properties of each individual song so that it would be neat and orderly on my iPod.

Never again.

While you do have the option of subscribing to a music streaming service as many have, if you’d like to keep listening to your music very cheaply without an internet connection and you want to actually own the songs you’re listening to, I’d recommend a service like Mp3million, where you can download songs for nickels and dimes. These kinds of sites are legal as long as they are paying royalties on the song licenses. And with that said, hopefully you’ll be on your way to continue your music downloading lifestyle without (too much) interruption.

Article Source: http://EzineArticles.com/9198962

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LEGAL U.S SUPPLEMENTS HELPING TO LOSE WEIGHT WITHOUT SIDE EFFECTS

Awkward and monstrous weight gain is a genuine result of the cutting edge world. Nowadays, we routinely eat such a large number of sugars since we are under more worry than we were in past ages. We likewise constantly don’t practice as routinely as we ought to in light of the fact that we sit at PCs throughout the day, regardless of whether at home or at work.

There are numerous reasons why we, as people, put on weight. It could have to do with digestion, with hormones or with certifiable over eating. Our self-perception is additionally bargained and entangled by what a sound body looks – or should resemble, and this incorporates the way of life of fat disgracing, which prevails, especially among young ladies. This can make you feel extremely powerless and discouraged about your mental self portrait.

All in all, what do you do? You see that stomach growing every day, those thighs, that cellulite… but then you have to eat the sustenance to fuel your occupied, dynamic, upsetting way of life. Regularly you don’t have sufficient energy to give your body the physical exercise it needs. What’s more, there’s an alternate arrangement of dietary enhancements on each spring up and each site you go to, promising supernatural occurrence medicate results for some dollars, yet an inadequate rebound. Overlook the majority of that. Attempt Forskolin.

https://www.youtube.com/watch?v=g7vrJTsrbjA

Related hereditarily to the normal mint herb, Forskolin is produced using the bulbous underlying foundations of a plant called Coleus forskohlii which develops perpetually in tropical and subtropical pieces of India and nations in the east of Africa, for example, Uganda, just as nations, for example, Thailand. In Asian societies, its underlying foundations are filled in as a relish and have an aftertaste like somewhat sharp pickles.

Customarily and verifiably, it gloats, a wide scope of corrective uses, and is known to be the antiquated cure of decision for conditions, for example, stomach sicknesses, skin conditions, contaminations coming about because of ailments, for example, syphilis, and even as an agony reliever for ailment.

It is realized that Ayurvedic culture utilized Coleus forskohliiin the treatment of heart, lung and urinary conditions and issues. It has likewise been utilized as an option in contrast to customary oral contraception and to diminish inordinate period. During the 1970s, it has been known to have been utilized in the treatment of cardiovascular and circulatory issues, just as specific types of malignant growth.

How is it workable for a herb to probably address such a wide scope of infirmities? As per researchers, one of Forskolin’s highlights is that directed in the right extents www.forskolinslimoz.com, it tends to animate the catalyst known as Adenylyl cyclase in the entirety of its known structures.

This means, once ingested, Forskolin will trigger a reaction in an immense scope of cells and tissues everywhere throughout the body, which has a thump on impact on different cells and tissues. Yet, one quality interesting to Forskolin is that a considerable lot of its activities are reversible, not normal for other all around utilized and very much advertised fat killers.

Therefore, in the most recent decade or somewhere in the vicinity, Forskolin has turned into the medication of decision for wellness devotees and rec center mentors for its presumed testosterone and fat consuming properties. Its utilization as an orally taken medication is moderately new – it was some time ago utilized in small amounts as an eye drop, powder or part of an implantation for intravenous medicines. While the weight reduction properties of the herb, which has been grown financially as an enhancement, have not been thoroughly inquired about or reported yet, in a little contextual analysis led, Forskolin’s consequences for stoutness have been demonstrated by scientists at the College of Kansas, to be effective in tending to conditions, for example, corpulence, craving control and related circumstances.

These preliminaries were reported on a 12-week contextual analysis on overweight men. The members for the situation consider took both 250mg of Forskolin twice day by day, and fake treatments. Also, it was overwhelmingly demonstrated that the Forskolin contributed convincingly to the weight reduction Okreviews of the men who were taking the genuine Forskolin and not the fake treatment.

The connections between Forskolin supplements and different prescriptions or enhancements are not yet exhaustively explored or reported. Furthermore, there is no rundown of the conceivable contraindications, reactions and impacts of overdosing on Forskolin, inferable from the so far undocumented proof of more extensive clinical preliminaries. At this stage, notwithstanding, analysts do realize that it’s not protected to take Forskolin while you’re pregnant or breastfeeding of in the event that you experience the ill effects of a hereditary propensity to have polycystic kidney illness.

Client surveys concerning the viability of Forskolin are blended, with huge numbers of them unequivocally announcing Forskolin the marvel tranquilize for weight reduction. Curiously among the individuals who have scrutinized its esteem adversely, the basic agreement is that it doesn’t work or that weight reduction isn’t as exaggeratedly quick as those people may have been directed to anticipate. This is profitable and positive for Forskolin, given that the open probably won’t comprehend the pragmatics of getting in shape under the treatment of an enhancement.

They additionally may not be taking it legitimately. None of the audits that are distributed on the web remark on auxiliary wellbeing concerns experienced in the wake of having taken a course of Forskolin. Be that as it may, paying little mind to what other individuals have stated, it is constantly recommendable to counsel your wellbeing specialist before attempted a pledge to another wellbeing supplement.

Inquisitive and need to realize where to purchase Forskolin? Similarly as with any enhancement, the innovation engaged with changing over the first foundation of the plant of which it is a concentrate into something sufficiently advantageous for you to take with your morning meal, may put different added substances and synthetic compounds into the enhancement, which may respond diversely with your body. There are right now a few enhancement brand names which are auctioning Forskolin remove supplements off the rack just as through online wholesalers.