Gulf Shores, Alabama Legal Blog

Does your preteen remember to use safe habits when walking?

As a parent, you probably already know how independent preteens try to be. Your preteen child may be starting to make more of his or her own choices, such as what to wear, what activities to participate in and how to get around.

Your child may be too young to get a driver’s license, but your child is probably interested in taking responsibility for his or her own transportation needs. As a result, your child may spend a fair amount of time as a pedestrian. Although preteens may not need the supervision that younger children require when walking, they can benefit from periodic reminders about safe walking habits.

What are the benefits of being the first to file for divorce?

There are two main ways most divorces occur. In one, the couple has tried to work out their problems. When this fails, they typically move on to mutual discussions about getting a divorce. The second usually involves one spouse abruptly informing the other that they have filed, or are filing, for divorce.

Divorce is an emotion-filled, life-changing event. Therefore, many people fail to consider what steps might improve their side of this event. To some, it even seems coldhearted to look for advantages when seeking to end a marriage. However, when so much is at stake (including financial assets and children), looking for ways to enhance your case is critical. Being the first to file for your divorce can come with certain financial advantages. These include the following.

  • Filing first may make it impossible for your spouse to hide assets.
  • Filing first provides you with the opportunity to go ahead and collect all the documentation necessary to protect your interests.
  • Filing first can give you time to improve your financial situation before the divorce.
  • Filing first empowers you to put divorce team in place that includes sound legal counsel, a financial analyst, a therapist and other qualified team members.

A single bump on the head can change your whole life

From childhood through adulthood, just about everyone has suffered a bump on the head from time to time. The vast majority of these bumps is minor and causes no long-term health effects. Unfortunately, some apparently minor head injuries turn out to be serious concussions or even traumatic brain injuries (TBI). It is a type of personal injury with the power to alter a victim's life forever.

The tragic death of actress Natasha Richardson shows how a seemingly minor blow to the head can turn deadly. She fell on a beginner's ski slope and bumped her head in 2009. Initially refusing emergency treatment, Richardson continued to speak, walk and behave normally for some time before symptoms of a serious personal injury began to surface. Because she did not receive early medical care, she died as a result of her accident.

A conviction for disturbing the peace can disrupt your life

Although they are widely considered minor criminal offenses, a charge of disturbing the peace or disorderly conduct can inconvenience your life in many ways -- from having to pay fines to making court appearances. Further, a conviction on such charges can leave an ugly black mark on your record. Because most people do not view these criminal offenses as serious ones, they fail to secure a proper defense in the face of such charges. They may just accept the fine or other penalty.

All states have statutes addressing public safety and peace. These statutes govern any behavior that is offensive or disruptive. In Alabama, the following public behaviors could result in charges of disturbing the peace.

  • Making an unreasonable amount of noise
  • Fighting and violent or threatening behaviors
  • Using obscene or abusive or language
  • Making obscene gestures
  • Disturbing or disrupting lawful assemblies or meetings
  • Obstructing or disrupting transportation facilities
  • Obstructing pedestrian or vehicle traffic
  • Congregating in public places
  • Refusing to comply with law enforcement orders to disperse

Just because she's good in court doesn't mean she's a good mom

Throughout history, a person who has a good representative can achieve miracles, bend reality and -- sometimes -- making things happen that never should have happened in the first place. They can do this by bending our perception of reality so that we don't see the truth anymore. Our legal system is designed in a way that's supposed to prevent this from happening -- especially when it comes to something as sensitive as a child custody dispute.

Nevertheless, if one parent is extremely aggressive and strategic in a child custody dispute -- and the other parent is not -- trouble could be brewing for the less aggressive parent. Nothing in the law is cut or dry. Sometimes, you have to speak up and say something in court. Sometimes, it's necessary to respond in the right way to a written challenge. Or we might need to bring up something about a certain piece of evidence in order to protect our parental rights.

Cell phone laws are effective

Distracted driving is prevalent across the country, even with stricter laws and publicity campaigns. In the United States, distracted driving kills nine people each day and injures thousands more. And unfortunately, motorcyclists are at a higher risk to be a victim of distracted driving.

Distractions behind the wheel can come from anywhere – passengers in your car, your pet or your meal – but according to information from the Centers for Disease Control and Prevention (CDC), electronic distraction is the most dangerous. Sending a text while you’re driving combines three dangerous factors, it takes your hands off the wheel, your mind off driving and your eyes off the road. If you’re driving 55 MPH, you cover the length of a football field in that five seconds – enough time for an accident to occur.

What medical expenses are compensable after a car crash?

Imagine you suffered a catastrophic and disabling injury in a car accident, and you will have to deal with this injury for the rest of your life. You can no longer earn an income for yourself, you need expensive medical care and rehabilitative services and you're in a tremendous amount of pain. This is not something that anyone should have to deal with in their lives, yet countless Americans have to face this as their daily realities.

In many cases, the injured car accident victim doesn't have any recourse. He or she will have to pay for the costs out of his or her personal finances – if that's even possible. But in other situations, when another party broke the law or committed negligence related to the crash, the injured party might be able to hold this person financially responsible in court. Usually, the lion's share of the damages a plaintiff can pursue in such a case will be the medical expenses.

Top causes of motorcycle accidents

Motorcycles are a popular mode of transportation in Alabama, which is why every rider should know what the top causes of accidents are before they set out.

Hopping on your motorcycle for a ride can be freeing and fun, but it can also be dangerous. Crashes for motorcyclists are much deadlier than crashes for drivers of cars or trucks. According to the Auto Insurance Center, crashes that involved a motorcycle killed the cyclist over 95 percent of the time. What are the leading causes of these accidents?

Are you a parent planning for divorce? Start journaling now

"Journaling" usually refers to the act of maintaining a journal or diary of the feelings and thoughts related to your day. When a parent journals about his or her parenting activities, on the other hand, it serves a more important purpose than recordkeeping and psychological/emotional reflection. Indeed, this simple act could safeguard the parent's right to child custody in the future.

The reason why journaling helps is due to the fact that courts will favor the "primary caretaker" in most child custody-related decisions. The primary caretaker is the parent who completed the lion's share of tasks related to rearing the kids. In other words, it's the parent who has done the most in terms of activities related to bathing, feeding, cooking, washing clothes, driving the kids to school, taking the kids to the doctor, parent-teacher night, school conferences, school events, sports events, planning birthday parties and other tasks.

Are you getting a divorce due to conflict resolution problems?

Everyone talks about how marriage depends on good communication and that once communication breaks down, divorce is likely. However, a psychological researcher named John Gotman has a different opinion about the likely cause of most divorces: an inability to resolve conflicts.

According to Gotman, couples need to be able to resolve their conflicts, or they will find themselves quickly reaching a point of despair in the relationship. It happens like this: The couple is in conflict, but neither spouse has a way of resolving that conflict without causing injury or damage to the relationship. As such, this allows the conflict to persist and avoid discussing the matter – which ultimately becomes a giant elephant in the room. That's when "despair" sets in.

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Braxton Blake Lowe, Attorney At Law 204 W 19th Avenue Gulf Shores, AL 36542 Phone: 251-213-2306 Phone: 251-213-2306 Fax: 251-968-5542 Gulf Shores Law Office Map