Cotton & Gates
Direct Attention From Attorneys Who Care
850-855-4520
Menu / Navigate

Shalimar Law Blog

Handling children's wishes to be with their other parent

When parents separate and their children divide their time between two homes, it's only natural for them to miss the parent they aren't with. It can be heartbreaking for a parent to hear their children cry or lash out, saying that they want to see or even live with their other parent.

It can be difficult not to take such expressions personally. However, it's essential to remain calm, listen to your children and have empathy for their emotions. Talk to them about what they're feeling when they're ready to do so.

Be careful about online communications during divorce

If you're going through or even considering a divorce, your attorney will likely advise you to refrain from posting on social media immediately. Attorneys also advise their clients to be careful what information they include in text and email communications.

These messages can be subpoenaed and used against you in your divorce. A good rule of thumb with any sort of online communication during a divorce is that if you wouldn't want the judge to see it, don't post it.

Can you sue if a loved one is harmed in a nursing home?

Last September, the Obama administration issued new rules that would cut off Medicaid and Medicare funding to nursing homes if they required residents to sign an agreement that let any disputes, including those involving negligence or abuse, to go to arbitration. By signing these agreements, people give up their rights to have their legal disputes settled in court, no matter how egregious the accused behavior -- even if it leads to death.

These new regulations never took effect because they were blocked by a federal judge. The judge, in his decision, referenced a doctrine that limited the power of the federal government to threaten to remove state government funding to encourage good behavior by private entities.

U.S. Supreme Court will hear gay wedding cake case

Although same-sex marriage is legal in the U.S., some business owners want no part of it. They claim that they shouldn't have to be involved in photographing, catering or even baking a cake for a same-sex wedding if they believe that homosexuality is a sin.

Such refusals have led to court battles between couples who say businesses are discriminating against them by not providing a service they would provide to anyone else. Now the issue is headed to the country's highest court.

Discussing financial issues is key before marriage

When couples marry, they don't just merge their emotional lives, but their financial ones as well. However, too few couple discuss their current financial situations, including debts and assets, before they marry. Perhaps even fewer discuss their views on saving and spending and their financial goals for the future.

While discussing finances may be the last thing you want to do as you're planning for your wedding, your intended's debt and credit issues could become your own if you don't properly plan. That's just one reason why a prenuptial agreement is a wise idea, even if your partner isn't a tech billionaire and you're not set to inherit millions from your parents.

Boating under the influence has serious consequences

Summer is a great time for water festivals and parties. Many boat operators will drive a boat while they're drinking or after having a few. Although licenses are not required for boat operators, it is possible to be charged with boating under the influence, or BUI. According to the Florida statutes, the penalties for a BUI are just as serious as for a DUI, although there are a few differences you should know about.

A BUI has the same guidelines for blood alcohol content as a DUI, or 0.08 percent. However, it can often be difficult to tell who is operating a boat. In one case, the man driving the boat left the steering wheel to go to the bathroom. A young girl on the boat was killed when the boat crashed. Although the man was not actually at the wheel, he was considered to be the one operating the boat.

Why you should know about the 'textalyzer'

Too many drivers still text behind the wheel, despite warnings about how dangerous it is as well as increasingly stringent penalties for those caught texting and driving.

If law enforcement officers believe that a driver involved in a crash was texting behind the wheel, they have to obtain a warrant for phone records if the driver doesn't willingly hand over his or her phone. That may not be as easy as it might seem, and it requires showing probable cause.

Survey: Presidential election has increased relationship discord

The number one source of discord among couples is money. However, politics is becoming an ever-increasing source of arguments and even break-ups according to a recent study. The 2016 presidential election was one of the most divisive in modern history, and the strong feelings that many people had last fall don't seem to have greatly dissipated.

A non-partisan polling company surveyed 1,000 people across the country. Nearly a quarter of the respondents said that "they and their partner have disagreed or argued about politics more than ever" since the election.

Can you be arrested just for resisting arrest?

Can you be arrested on no other charge than resisting arrest? While it's rare, it's possible. Usually resisting arrest or obstruction of justice charges are added to charges related to an illegal activity for which a person is being arrested in the first place.

In some cases, when police officers give people orders and they refuse to comply, they may choose to arrest them. Some critics argue that these arrests are made only to exert power and punish non-compliance. However, others say that allowing people to defy police orders can be dangerous for everyone involved.

A 10-year-old is charged with battery of educator in Okeechobee

A 10-year-old autistic student at the Okeechobee Achievement Academy was arrested by county deputies on April 12, 2017, for an allegedly battering an educational assistant at his school back in October. The boy's parents were blindsided upon hearing of his arrest, given that they were never made aware of any outstanding felony warrant for his arrest.

The young boy, in mid-October, had begun having disciplinary problems. They started with him accusing an educational aide at his school of hurting him because he wouldn't provide him the necessary support to do his work. Although the aide allegedly committed to helping the boy more, it was later reported that the student pinched the aide in retaliation. The aide denied the incident occurring.

Contact

Cotton & Gates, Attorneys at Law
3 Plew Avenue
Shalimar, FL 32579

Toll Free: 866-604-2660
Phone: 850-855-4520
Shalimar Law Office Map

Find Out How We Can Address Your Legal Needs

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Back to Top
Review Us