Ebner, Nevins & McAllister, LLCReading, PA | Ebner, Nevins & McAllister, LLC2024-03-06T05:38:09Zhttps://www.enmlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1101216/2021/01/cropped-site-identity-32x32.jpgOn Behalf of Ebner, Nevins & McAllisterhttps://www.enmlaw.com/?p=494082024-02-27T20:13:50Z2024-03-01T20:12:53ZThe child's well-being
The court's primary concern is the child's well-being, which includes physical, emotional and educational welfare. The court examines which parent can better provide a stable, loving and nurturing environment. They consider the quality of schools, neighborhoods and medical services in each parent's area.
Parent-child relationship
The court reviews parental involvement in the child's daily activities, such as homework, extracurricular activities and doctor's appointments. A parent who has been more present in the child's life may have an advantage in custody decisions.
Parental resources
The court assesses whether each parent can provide adequate food, clothing and a suitable living environment. The parent's employment and work hours might come into play if one parent has significantly more time to dedicate to the child.
The child's preference
In Pennsylvania, a child's preference can influence custody decisions. The child must be mature enough to express a preference. The court does not establish a specific age but gives more weight to the preferences of older children.
Sibling relationships
The court prefers to keep siblings together when possible to support emotional and psychological health. Separating siblings typically happens only if it serves the best interest of the children.
State residents filed more than 41,000 child custody cases in 2022 alone. If you face this challenge, familiarity with these factors can help you navigate the process.]]>On Behalf of Ebner, Nevins & McAllisterhttps://www.enmlaw.com/?p=494052024-02-13T23:13:15Z2024-02-16T23:12:30ZImpact on the legal process
In some states, having a romantic relationship before the completion of a divorce is technically adultery. Even in no-fault divorce states such as Pennsylvania, where the reason for the divorce does not impact the division of assets or alimony, the introduction of a new partner could still influence the proceedings. Family courts might weigh the presence of a new relationship when making decisions about child custody and the division of assets.
Financial matters
Starting a new relationship before a divorce is over can also have financial ramifications. For instance, if one party is spending money on their new partner, a judge may consider this a misuse of marital finances. Such actions could result in a less favorable division of assets or higher support payments. Additionally, if one party is living with someone new, this could affect alimony or spousal support.
Child custody and visitation
The effect on children is a topic of particular sensitivity. Courts focus on what is best for dependents. Introducing a new parental figure too soon can raise questions about the living environment's suitability for little ones.
Privacy and negotiation
Dating before a divorce is complete can also upset the formation of agreements between parties. The presence of a new love interest may increase conflict and make forging amicable settlements more challenging. Furthermore, private details about the new relationship may become part of the divorce proceedings, thus leading to unnecessary tension.
Dating before a marriage is over has the potential to create complications. A better choice might be to put amorous desires on pause before diving back into the singles pool.]]>On Behalf of Ebner, Nevins & McAllisterhttps://www.enmlaw.com/?p=494032024-02-05T19:19:22Z2024-02-05T19:19:22ZEstablishing credibility
In the aftermath of a bar fight, witness testimony is a source of information for law enforcement and the court. Firsthand accounts strengthen your credibility when it comes to describing the circumstances around a fight. A detailed and accurate testimony can help paint a clear picture of the circumstances, aiding in a fair and just resolution.
Corroborating accounts
Having multiple witnesses who confirm the same version of events adds weight to the credibility of their testimonies. Corroborating accounts provide a stronger foundation for understanding what transpired during the altercation. Judges and juries are more likely to consider the information reliable when it aligns across different perspectives.
Dispelling misconceptions
In the chaotic aftermath of a bar fight, misconceptions can lead others to believe that you are guilty of assault. Pennsylvania legal statutes define assault as an attempt to cause bodily injury to another. While many bar fights might fall under this definition, there is likely to be more to your story. Witnesses help dispel any misunderstandings or false assumptions that may have emerged. Clear and accurate information from witnesses can help prevent an innocent party from being wrongly implicated.
When witnesses are present, they have a responsibility to offer unbiased perspectives and improve the court's understanding of criminal events. Bars are places where many witnesses may be available to corroborate your account of a fight, so it is important to not hesitate to reach out.]]>On Behalf of Ebner, Nevins & McAllisterhttps://www.enmlaw.com/?p=494012024-01-29T20:50:31Z2024-02-02T20:50:22ZImpact of injuries on DUI penalties
When a DUI involves injuries to another person, the penalties become more severe. Depending on the extent of the injuries, the offender may face increased fines, longer license suspension periods and mandatory participation in alcohol education programs. Imprisonment is also a possibility. DUI offenders causing injuries may also have to pay restitution to cover the victim's medical expenses and other damages.
Consequences of fatalities in DUI cases
If a DUI results in the death of another person, the penalties escalate quite a bit. Offenders may face felony charges, substantial fines, lengthy prison sentences and permanent revocation of their driver's licenses. DUI offenders involved in fatal accidents may also bear the emotional and psychological burden of causing irreparable harm to the victim's family and loved ones.
Aggravating factors
Several aggravating factors can exacerbate DUI penalties, too. These may include prior DUI convictions and high blood alcohol concentration levels. Driving recklessly, driving with a suspended or revoked license and refusing to submit to chemical testing may also escalate charges. Courts consider these factors when determining appropriate penalties, often resulting in harsher consequences for offenders.
The Pennsylvania Pressroom reports 18,412 statewide DUI arrests in 2020. By abstaining from alcohol consumption before driving and utilizing alternative transportation options, individuals can prevent accidents and avoid the consequences of DUI offenses.]]>On Behalf of Ebner, Nevins & McAllisterhttps://www.enmlaw.com/?p=493992024-01-16T19:42:39Z2024-01-19T19:42:06ZTip 1. Be honest about the situation
Open the conversation by speaking frankly without going into unnecessary details. Assure children they are not at fault, and stress that you are working towards a resolution in their best interest.
Tip 2. Emphasize stability and routine
Let children know your commitment to providing a nurturing environment remains unwavering. Reiterate that their daily lives and activities will continue as normally as possible.
Tip 3. Encourage expressing emotions
Let sons and daughters know it is okay to have a range of feelings, including sadness, confusion and frustration. Encourage them to express what they are going through, and assure them that their emotions are valid. Create a safe space for sharing concerns without judgment.
Tip 4. Avoid blaming or criticizing the other parent
When discussing the custody situation, refrain from pointing the finger of blame. Emphasize that both parents play roles in their lives, and any disagreements are adult issues that will not affect your love.
Tip 5. Offer reassurance about the future
Stress that everyone desires an agreeable custody arrangement. Express confidence in the legal process. While doing so, convey that decisions are being made with careful consideration for their happiness.
An open and honest dialogue is fundamental when broaching the topic of custody with dependents. Handle the matter well, and they will thank you in the future.]]>On Behalf of Ebner, Nevins & McAllisterhttps://www.enmlaw.com/?p=493972024-01-08T20:22:02Z2024-01-08T20:22:02Z1. Parental behavior on display
Social media platforms offer a window into the lives of individuals, and this transparency can work for or against parents in custody disputes. Courts may scrutinize a parent's online behavior to assess their fitness as a caregiver. Inappropriate posts, such as those involving substance abuse or aggressive behavior, can be detrimental to one's case. Conversely, positive and responsible posts may enhance a parent's image.
2. Communication breakdowns
Miscommunication and misunderstandings often arise due to social media interactions. Parents may find themselves in contentious situations, with disagreements unfolding publicly. These public disputes can be detrimental to a child's well-being and may raise concerns about the ability of parents to co-parent effectively. Courts may consider such incidents when determining custody arrangements.
3. Privacy invasion and protective orders
Parents involved in custody battles should be cautious about violating privacy and protective orders. Sharing information about the child or the other parent against court orders can lead to legal consequences. Courts take such breaches seriously, and the offending parent may face penalties or even restrictions on custody rights.
Approximately 81% of lawyers find evidence on social network platforms that use in court. Responsible online behavior and thoughtful consideration of the potential consequences are important when navigating the complexities of child custody disputes in the age of social media.]]>On Behalf of Ebner, Nevins & McAllisterhttps://www.enmlaw.com/?p=493952023-12-21T19:24:50Z2023-12-21T19:24:50ZHow DUI might impact employability
Potential employers in Pennsylvania often grapple with the decision of whether to hire someone with a DUI. State laws do not explicitly prohibit hiring individuals with a DUI. However, employers are within their rights to consider an applicant's criminal history during the hiring process. The key lies in how a DUI conviction aligns with the specific job requirements and responsibilities.
Different industries may have varying attitudes toward hiring individuals with DUI convictions. Positions that involve driving or handling company vehicles, for instance, might weigh a DUI more due to the potential impact on workplace safety. On the other hand, some employers in non-driving roles may be more lenient. This may prove particularly true if the offense does not directly relate to job duties.
How to handle a DUI while job searching
Being forthright about a DUI conviction during the application process is important. Pennsylvania employers appreciate honesty. Attempting to conceal a DUI may have more negative consequences than being upfront. Some employers may appreciate the opportunity to assess an applicant's honesty and integrity.
A DUI may present challenges in the job market. However, it does not always spell the end of career opportunities. Taking proactive steps, such as completing rehabilitation programs, can positively influence employers' perceptions.
The Pennsylvania Department of Transportation reports that authorities made 42,409 DUI arrests statewide in 2022. In navigating the aftermath of a DUI, prospective employees should be aware of the potential impact on job prospects and take steps to address concerns and present a positive image to potential employers.]]>On Behalf of Ebner, Nevins & McAllisterhttps://www.enmlaw.com/?p=493932023-12-12T18:42:14Z2023-12-12T18:42:14ZKnow the signs of a problem
You may notice that your child's behavior changes after spending time in the other household. Look for sudden shifts that do not have another explanation like starting a new school. Common signs of an issue include withdrawal, aggression and fearfulness. Your child may also become reluctant to spend time with the other parent.
Be vigilant about unexplained injuries your child has when returning from the other parent's custody. Document bruises, bumps and scrapes with photos or videos.
If your child has difficulty communicating about their experiences with the other parent, it could be a red flag. Encourage open communication and pay attention to any hesitancy or fear in their expressions.
Take note of instances where your child appears neglected or experiences inadequate supervision during their time with the other parent. Lack of proper care can raise serious concerns about their safety.
Watch for signs of emotional distress, such as anxiety or depression, that may emerge as a result of interactions with the other parent. Do not ignore drastic changes in mood or demeanor.
Seek professional help
If you have serious concerns about your child's safety, consider involving professionals such as teachers, counselors or healthcare providers. These individuals may observe signs that can help assess your child's overall well-being of your child.
Keep a detailed record of any concerning incidents including dates, times and descriptions. Documentation can be valuable if you need to address the issue in the court system.
Seek medical care right away for more serious concerns. Talk to your child's pediatrician if they experience frequent injuries with inconsistent explanations.
More than 4.600 children in the state experienced abuse or neglect in 2021 alone. If you believe your child is in immediate danger, contact Child Protective Services in Pennsylvania. They will investigate allegations of abuse or neglect and take necessary actions.]]>On Behalf of Ebner, Nevins & McAllisterhttps://www.enmlaw.com/?p=493912023-12-12T18:34:53Z2023-12-12T18:34:53Z1. Technological glitches and system errors
Pennsylvanians rely heavily on electronic transactions for their everyday financial activities. However, the systems that facilitate these transactions are not infallible. Technical glitches and system errors can lead to systems flagging innocent individuals for suspicious activities. This can trigger investigations that result in accusations.
2. Geographic discrepancies
A person's location can play a major role in credit card fraud accusations. Pennsylvania's diverse geography, with residents often traveling across the state, can create discrepancies. An individual making a legitimate purchase in one part of the state may find themselves wrongly accused. This might happen if the system finds what appears to be a suspicious transaction in another region.
3. Identity theft and impersonation
Pennsylvania ranked seventh among the U.S. states for identity theft reports in 2022. Wrongful accusations can stem from criminals using stolen identities to make unauthorized transactions. Innocent parties may find themselves under scrutiny when officials trace the fraudulent activity to their personal information.
4. Inadequate security measures
Financial institutions may have weak credit card security protocols. Wrongful accusations may occur when these institutions misinterpret legitimate transactions as fraudulent. This could be due to their inability to distinguish between authorized and unauthorized activities.
5. Insufficient verification processes
Credit card companies and law enforcement agencies may rely on automated systems for fraud detection. These systems lack the human oversight to distinguish between innocent and fraudulent activities. This can result in wrongful accusations based on algorithms that do not consider nuances.
People rely even more on digital transactions nowadays. It is necessary to address these issues and protect people from the damaging repercussions of false accusations.]]>On Behalf of Ebner, Nevins & McAllisterhttps://www.enmlaw.com/?p=493882023-11-28T01:41:40Z2023-11-28T01:41:40ZTiered system for DUI penalties
Pennsylvania employs a tiered system for DUI penalties, and the severity of the punishment increases with the number of prior offenses within a ten-year period. Repeat offenders face more substantial fines, longer license suspensions and mandatory incarceration.
Criminal penalties vary based on several factors such as the driver's BAC, prior offenses and whether there were any injuries or property damage involved. For a first-time DUI offense with a BAC between 0.08% and 0.10%, the penalties may include a fine ranging from $300 to $2,500, imprisonment for up to six months and mandatory alcohol highway safety school attendance. Drivers may also have their licenses suspended for up to one year.
Subsequent offenses and higher BAC levels result in more severe consequences. These consequences could include longer license suspensions, higher fines and mandatory alcohol treatment programs.
Additionally, Pennsylvania has an Ignition Interlock Limited License program for certain DUI offenders. This program allows individuals with a suspended license to drive with an ignition interlock device installed in their vehicle. The device requires the driver to pass a breathalyzer test before they can start the car.
Administrative consequences
Drivers arrested for DUI also face administrative consequences. The Pennsylvania Department of Transportation can suspend the driver's license independently of any court proceedings. Refusing a breath or blood test can result in an automatic license suspension.
In Pennsylvania, the legal limit for blood alcohol concentration is 0.08% for adults, and there is a zero-tolerance policy for those under the age of 21.]]>