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As parents, we worry about our kids.

That worry is magnified when we send them out in a motor vehicle. Now, there’s a way that you can keep an eye on them even when you’re not in the passenger seat. It’s the Push Text app and it’s available for both Andriods and for iPhones.According to the Courrier-Journal, the program gives your teen driver a bumper sticker that reads, “How is my KID driving? Push Text my tag #.” You get the app on your phone and you get to read all about their driving. The app will only cost parents $15 for the first 12 months and then $10 for each year after. All you have to do is download the app and register your kid’s plate number.

Our Highland accident lawyers understand that car accidents continue to be the leading cause of death for teens throughout the country. They have higher accident risks that any other age group of drivers. During their first year behind the wheel their accident risks are the highest. It’s important that parents stay involved in their teen’s driving career to help minimize the risks as much as possible. This app, some say, is going to help to do just that. Others say that it’s an app that comes with many more cons than pros.

Some are saying that this app is dangerous because it’s urging other drivers to whip out their phone behind the wheel and start composing a message about someone else’s driving. This is only going to increase the risks for distracted driving car accidents. Others are saying that this app is going to allow drivers to falsify reports. Since the messages are anonymous, drivers believe that others are going to submit fake reports and the system will never be accurate.

“This puts a little bit of yourself in the passenger seat as a parent,” said Michael McManigal, creator of the app. “Once (teen drivers) leave the driveway and turn the corner and they’re out of sight, no one’s policing them.”

Teens are reminded that having a driver’s license is a privilege and it’s a privilege that can be revoked if you’re not responsible. In 2009, there were more than 40,000 drivers who were under the age of 21-years-old who were involved in a car accident in the state of Indiana. There were close to 50 of these individuals who were killed in these incidents, according to the Indiana Criminal Justice Institute.

For this reason, officials with the Indiana Criminal Justice Institute (ICJI) and with the Governor’s Council on Impaired & Dangerous Driving continue to work with teenagers, parents, legislators and safe driving advocates to help to increase awareness about the importance of a thorough driver’s education for our young ones.

One of the main reasons that these young drivers get into car accidents is because of the number of passengers they have in the car. A number of studies have proven that just one young passenger doubles the risks for your teen to get into an accident.

We’re asking all parents to sit down and to talk with their teens about safe driving habits. Make sure they understand the risks that are associated with distracted driving. Make sure they’re aware of their state-issued driving restrictions through the Graduated Driver’s Licensing (GDL) program and that they’re abiding by all of these rules. Staying involved can help to decrease their risks and can help to keep them safe out there!
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A divorce and subsequent fight for child custody can be two of the most trying things you may ever endure. Many people liken it to dealing with a death.Indiana child custody lawyers know it is the end of whatever dream you may have had for a future with you and your spouse together. Plus, you feel as if you’re losing your whole family. It’s understandable that mounting frustrations can bubble over, and that’s often where it gets ugly.

Having an experienced attorney, of course, is the best thing you can do to protect your rights and to try and eliminate as much of the unnecessary emotion as possible from the equation.

But you have to be careful of how you express those negative emotions. Whether it’s a nasty e-mail to your ex, a post on Facebook or, in this case, a song on YouTube that includes threats against the judge, it can sometimes jeopardize the merits of your divorce case or child custody dispute. It may even result in criminal charges, as it did in U.S. v. Jeffries, recently reviewed by the U.S. Court of Appeals for the Sixth Circuit.

This was a case out of Tennessee, and although divorce and child custody laws vary significantly from state-to-state, the basic concept is relevant anywhere in the country.

In this case, the man was embroiled in a bitter custody battle for his young daughter. He had been actively seeking greater visitation time with his daughter. In his frustration, he penned a song detailing his emotions. Half of the song talked about relationships between fathers and daughters and the importance of spending time together. Conversely, the rest of the song is a litany of complaints about the legal system, his ex-wife – and the judge. With regard to the latter, the amateur musician threatens in his song to kill the judge if he does not grant him greater custody rights.

The man performed the song, complete with acoustic guitar, and posted a video rendition on YouTube.

It includes such lines as, “I guarantee you, if you don’t stop, I’ll kill you,” and, “If I have to kill a judge or a lawyer or a woman I don’t care.”

This was several days before a re-hearing on his visitation rights. He uploaded the video and shared it with several friends and family members. He dedicated the song to the judge. The video was also shared with a state representative, a local television station and a fathers’ advocacy group.

He tried to take it down 24 hours later, but by that point, it had been forwarded multiple times, including to his ex-wife, who then forwarded it to the judge.

Law enforcement viewed the video, and the case was forwarded to federal prosecutors, who charged him with violating 18. U.S.C. 875 (c), which prohibits transmission in interstate commerce of any communication that contains a threat to injure another person.

By law, the threat must be “objectively real” in that a reasonable person could have concluded that the threat was true. Regardless of his intent, the question before the jury was whether a reasonable person could have perceived a potential for a viable threat. His defense attorneys argued that he meant no actual harm to the judge.

Ultimately, both the trial court and later the appeals court determined that the threats were objectively true. A conviction on this charge carries a maximum penalty of up to two years in federal prison.

What’s more, as a convicted felon, this father may have lost any chances at increased or sustained visitation.

It’s a sad case, but the lesson here is critical: If you need help working through this incredibly stressful time – seek it in the form of counseling. Let us take care of the rest. And keep your life out of social media until your case concludes.
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A new report released by the non-profit group Child Aware of America indicates that cost for child care now exceeds rent payments in most states in the country.In Indiana, which is ranked as having the 10th highest child care rates in the country, parents are typically paying about 13.5 percent of their income on child care. This was only slightly behind the state with the No. 1 highest child care rates – New York, where families paid about 15.9 percent of their salaries for it.

Indiana child support lawyers know that this is difficult enough for two-parent households. It’s nearly impossible when a single parent is treading water, trying to stay afloat on the bills.

For many parents, the issue of support – or rather, refusing to collect it when they could – is a source of pride. It sends a message to the non-involved parent that, “I can do it without you.”

It’s a sentiment that, given the rising cost of so many goods and services, few single parents can afford. Many are finding that they now have no choice but to petition the court for a support order just to make ends meet.

Other single parents may have support orders in place that are not being honored by the non-custodial parent. In these cases, custodial parents can petition the court, with the help of their attorney, for some form of relief from the court. Judges have the authority to order a variety of relief measures, such as wage garnishment, liens or revocation of driving privileges.

To put into perspective what many single parents are dealing with, consider some of the figures from Child Care Aware’s new research:

  • The yearly cost for infant care rose by about 2 percent last year – in some cases, by as much as $15,000;
  • The yearly cost to care for a 4-year-old spiked by more than 4 percent – in some cases by as much as $11,700.
  • In half of all states, the cost of child care for one child exceeded the annual median rent payments;
  • When the cost for two children were considered, it exceeded rent in all 50 states;
  • In 35 states, the cost for full-time infant care exceeded the cost of in-state tuition and college fees at a four-year university.

Then you factor in a host of other upwardly-spiraling costs, such as a 30-cent spike in gasoline prices and grocery bills that have shot up more than 10 percent in the last month, and it becomes clear the family budget is under pressure from all sides.

A report that was released earlier this summer by a separate non-profit indicated that the cost to raise a child will be $8,000 more for a child born in 2011 than for a child born in 2010.

All this, and we haven’t even talked about the current job market.

The bottom line is this: There is no shame in seeking support for your child – support to which he or she is rightfully entitled.

But you shouldn’t go it alone. We can help.
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A recent change to Indiana child support law has reduced the child’s cut-off age from 21 to 19, but also makes exceptions with regard to educational support (such as contributing to college).Our Jasper County child support attorneys understand that the law will apply retroactively – meaning if you already have a standing order and your child is between the ages of 19 and 21, you stand to lose that support.

However, the parent paying the support must petition the court to be allowed to terminate those payments – it shouldn’t happen automatically.

Consulting with an experienced child support lawyer will allow you to explore all options available considering your unique situation.

The legislation, Senate Enrolled Act No. 18, was a move to amend Indiana Code concerning juvenile law and family law – specifically, IC 31-13-11-18. The statute was amended to say that effective July 1, 2012, a parent has a duty to pay for child support until the child becomes 19 (instead of 21), unless one of the following two conditions is present:

1. The child is incapacitated, in which case the court would determine how long support should continue;
2. The child is emancipated prior to 19 years of age, excepting for educational needs. Emancipation would be determined by some of the following criteria: the child is at least 18 years-old, isn’t enrolled in school, is capable of supporting him or herself, is on active duty in the U.S. Armed Services, is married, or is no longer under the control of either parent or any individual or agency approved by the court.

With specific regard to educational needs, the new law indicates that any child support orders that were issued prior to the effective date (July 21st) may petition the court for educational coverage until he or she the age of 21. However, any child who is receiving support for an order issued after that date can file a petition for coverage of educational needs only until the child reaches the age of 19.

Indiana legislators reportedly chose age 19, as opposed to age 18, because a small percentage of high school seniors – about 1 percent – are 19 years-old.

But why this move, why now? The main reason for the change is that fathers often didn’t pay past age 18 anyway. Most mothers did not file petitions in court to make them pay, though they legally could have done so. However, this failure to pay rate affected the state’s overall child support payment success rates, often lowering the state’s eligibility to receive federal funding for the program.

There has been some speculation, however, that there may be many legal challenges ahead, specifically as it relates retroactively to cases. The primary argument would be that it may illegally invalidate contracts between parents – particularly agreements that specifically say that one parent must pay the other child support until the child is 21 years-old. It may not have much bearing for individuals whose agreements are more generally worded.

The move is not a major shock, especially considering that Indiana was always among the small percentage of states that allowed child support to go beyond 18 or 19 years-old. In fact, there are now only two remaining states and the District of Columbia that have the 21-year cut-off.

Still, a number of family law judges are expecting a surge of petitions for modifications from both sides – parents who are seeking to have their support amended to the new cut-off age, and those who may seek other modifications to boost payments now in anticipation of the new cut-off.

The implementation of this measure is expected to be somewhat confusing. If you have questions about your rights in light of this new law, please contact our offices. We’ll be happy to help.
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Not only is it the summer season, when roadside workers are out there working to improve our state’s streets, but we’re also in the middle of Indiana’s fully-funded 10-year highway construction plan, Major Moves.

According to the Indiana Department of Transportation, the Indiana Work Zone Safety Law is being pushed during this time of the year to ensure the safety of everyone in our work zones. If you’re cited for unsafe driving behaviors or disobeying other road laws in a work zone, you’re going to get a citation of $300.

For a second-time offense, you’re going to get slapped with a $500 fine and a $1,000 fine for a third-time offense. Motorists who are busted driving aggressively or recklessly through a work zone face fines up to $5,000. If you end up injuring or killing a worker, you could end facing $10,000 in fines and up to eight years behind bars.We all know that highway work zones can be frustrating at times. But it’s important to remember that these workers are out there to make streets safer for Hoosiers. You’ve seen the orange cones and barrels. They’re not only there to warn you about road work, but to also remind you to practice safe driving habits.

Our Highland accident lawyers understand that dangerous driving habits not only put you and your passengers at risk for an accident, but also increase risks for roadside workers who are out there trying to make driving a little easier for you in the first place.

You’re at serious risks, too. As a matter of fact, four out of every five people who are killed in highway work zones are motorists. There were nearly 15 fatal accidents in 2011. Some of these accidents were noted to be the result of dangerous driving, including improper lane changes, driver fatigue and following too closely.

To help to keep everyone safe, employees completing this road work typically do their jobs during off-peak and nighttime hours whenever possible. For extra safety, they also install concrete barrier walls on busy streets, use electronic message boards, wear protective equipment and use extra police patrols in highway work zones. What’s missing is cooperation from some drivers.

Officials are asking drivers to stay alert behind the wheel and to pay close attention to your surroundings while driving through a work zone. In these areas, lanes change, speeds are altered and workers are oftentimes present. Make sure that you keep it slow and merge into necessary lanes before entering a work zone. This will help to keep traffic flowing safely and smoothly in these areas. You’re also reminded to avoid distractions in these zones and to avoid tailgating other vehicles. Keep your full attention on what you’re doing — driving.

Work Zone Travel Tips from Transportation Officials:

-Avoid distractions, especially the three C’s: Coffee, CDs and Cell Phones.

-Be ready for delays. Leave early for your destination to avoid rushing.

-Select an alternative route if possible and avoid construction altogether.

-Obey flaggers. They’re an extension of the law.

-Never tailgate a vehicle. Allow yourself with plenty of time to react to a road hazard. Reaction time comes with space.

-Check traffic and work zone info before setting out. Try to avoid these areas if possible.
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Divorce is one of those life events that leaves no aspect of your world untouched.

Your small business is going to be no exception.In fact, our Highland divorce lawyers know that there are special considerations that must be made and a fair amount of planning that has to be done in order to extricate yourself from the union with as little impact to your business as possible.

The fact is, most small business owners aren’t prepared for divorce. We already know that more than half of all marriages aren’t going to work out, but nobody enters into it thinking theirs will be among the 50 percent that didn’t make it.

Entrepreneurs though may have it especially difficult right now because of the economy. Many couples struggle to see eye-to-eye on money issues. But when you own a company, those stresses are compounded tenfold because you feel responsible for the welfare of others. You want to do everything possible to stay afloat. But that time away from home takes a substantial toll on marriages and families. Some simply aren’t able to survive it.

When you first begin to see things souring, that’s the time to seek legal counsel.

This is especially important for business owners because it’s not just yourself that you must strive to protect. You have a loyalty to your employees, your customers and others who depend on you and your business.

Hiring experienced legal counsel as early on in the process as possible will allow you to initiate the planning phase and reduce stress levels. This will help keep you focused on driving the business forward and continuing to keep it successful.

Some entrepreneurs have reported that their divorces ended up costing them thousands – not so much in legal fees, but in time spent in the mediation process and in court, the time expended on digging up reams of paperwork and in the time it takes away from getting new customers and maintaining relationships with existing clients. It can be especially burdensome if you run a company with a relatively small staff – where every person is vital to the operation – especially you!

The other question that comes up is what stake your soon-to-be ex will have in the company and its past and future profits. This is going to depend on a great many variables, including:

  • What type of business it is;
  • What the ownership structure is;
  • What was the role of your spouse in the company;
  • Whether you have children together;
  • Whether you founded the business before or after you were married.

Of course, there are some things you should do to protect your business before you get married, assuming it’s already running at that point. Those include creating a clear prenuptial agreement, the establishment of a buy/sell agreement, the creation of a domestic asset protection trust (which would protect the company from being subject to division in the event of a divorce) and the creation of a will.

However, if you haven’t done those things, there are still other steps you can take. It will require at least some level of cooperation on the part of both spouses, as well as having skilled legal counsel to help you navigate the potential pitfalls.
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“Kyleigh’s Law” was upheld by the New Jersey Supreme Court. This is the law that requires newly-licensed drivers to display a red sticker on their license plate. New drivers in the state are required to display this red sticker on their plates for a year after they receive a license. This law is named after a 16-year-old New Jersey resident who was killed in a car accident with another teen driver nearly 6 years ago.”There were too many teens in the car. He was new GDL driver. He was speeding. That’s a lot of distractions right there,” said D’Alessio’s mother.

Our Highland personal injury attorneys understand that newly licensed drivers face some of the most serious risks for car accidents. Just like the teens here in Indiana, all young drivers are required to follow strict rules and laws while learning to drive.

In Indiana, a driver has various restrictions during the stages of their intermediate license. During the first 180 days, they’re not allowed to drive from 10:00 p.m. until 5:00 a.m. After the first 180 days, they are prohibited from driving from 11:00 p.m. to 5:00 a.m. on Sunday through Friday. On Saturday and Sunday they’re not to drive from 1:00 a.m. to 5:00 a.m. These young drivers are also restricted from driving with any passengers in the vehicle during the first 180 days of this licensing stage, according to the Insurance Institute for Highway Safety (IIHS). These laws are meant to help these young drivers to get the most out of driving education by exposing them to different dangers and driving scenarios in stages.

Officials in New Jersey say that these stickers are the perfect way to help officers enforce rules for these restricted licenses.

Not everyone is buying into the program. Many have chosen not to display them on their vehicles.

“I don’t like to be profiled so I refused to put it on my car,” said Chris Schetelick, teen driver of Bernardsville.

Not having the decal is not a moving violation, but teens can face a $100 fine.

While officers may have a tough time keeping their eye on all teen drivers throughout the state, we’re asking parents to step in and to help. We’re asking you to familiarize yourself with the laws of the state’s graduated driver’s licensing (GDL) program and to even enforce your own household driving laws. Make sure you know where your teen is driving, when they’re coming home, who they’re driving with and how they’re acting behind the wheel. Staying involved in your teen’s driving career may be one of the most effective ways to help keep them alive on our streets. Consider enacting a parent-teen driving contact to clearly lay out the rules and the consequences for breaking any household driving rules.
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It was recently reported that Levi Johnston, ex-boyfriend of Sarah Palin’s daughter, Bristol, is filing for sole custody of their 3-year-old after the child appeared on a reality television show using a homophobic slur, cursing and generally behaving badly.Our Munster child custody lawyers know that he will probably need more evidence than that – as well as a good attorney.

Johnston was said to have been “disgusted” by what he saw on Bristol’s new show, and is fed up with what he said are strong-arm attempts to keep him from his son.

However, courts are generally quite reluctant to take a child away from his or her custodial parent, particularly when that parent is the mother.

That’s not to say it’s impossible, and parents do have a responsibility especially in extreme cases (i.e., abuse, neglect, drug use, an unstable home environment) to take action to protect their children.

Most family law judges are interested in establishing an equitable child custody arrangement from the beginning. This is usually done using the legal evaluation of what is considered the “bests interests” of the child.

Some of the aspects that the court evaluates will include:

  • The physical and mental health of a parent;
  • A parent’s lifestyle habits;
  • Whether there are risks of neglect or abuse;
  • Whether the parent is able to fulfill basic needs for the child, including providing food, shelter, clothing, educational and emotional support and medical care;
  • Whether a parent is able to provide a continuity for the child with regard to where they live, what school they attend, what religious organizations they are involved in and other social activities;
  • Depending on how old the child is, his or her personal preference may also be considered.

That said, there are several different types of custody. The two most common are sole custody and joint custody.

Sole custody is where the child or children spend the majority of time with one parent. As a parent with sole custody, you may be more readily able to get permission from the court to relocate and you will also have the right to make major decisions about the child’s medical care or education without having to consult with the other parent. Additionally, the other parent may not have access to school records, activities or medical records.

This type of custody is usually only preferable to the court when it is done to protect the child from certain risks presented by the non-custodial parent. These would include things like an alcohol or drug dependency or a parent who has an untreated mental disorder.

There was a time when sole custody was almost always awarded to the mother, but attitudes and tides are shifting in this regard.

Now, joint custody is the preferred option. Joint custody is an arrangement whereby both time with the child and decision-making regarding the child is shared by both parents.

Regardless of which type of custody you are hoping to be awarded, having a skilled attorney on your side is your best chance for a favorable outcome.
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It may seem as if the divorce settlement reached by celebrities Tom Cruise and Katie Holmes was lightning fast, but our Indiana divorce lawyers understand that it had a lot to do with prior planning on Holmes’ part.Forming a solid divorce plan with your attorney before you ever file a single piece of paperwork or even tell your soon-to-be-ex isn’t sneaky – it’s smart.

Plus, it may allow you to avoid becoming ensnared in a lengthy and emotionally scarring battle if you have a better grasp of your rights, what you need to ask for and what you’re likely to get. Even for those with children, divorce needn’t be a messy or complicated affair – if you take the time to plan ahead.

By the time Holmes had filed for divorce late last month, she had already hired three, high-profile family law attorneys in different states. The divorce settlement was reached just 11 days after she filed. But that doesn’t mean it took only 11 days of work.

The details of that agreement have been kept confidential.

Fast settlement agreements, like the one reached by Holmes and Cruise, are often best-suited for couples who can agree on most of the major points. In general, we may see a shift in divorce cases, with couples more leaning toward this method, perhaps because many are children of divorce themselves, and understand how damaging an ugly, drawn-out battle can be.

Still, there is a lot you may not have considered – everything from how your taxes will be filed and who will claim dependents to how you will split your nest egg. This may be easier if you’ve kept primarily separate accounts, but there is almost always some untangling that needs to be done no matter how autonomous both parties have been throughout the marriage.

Of course, divorce cases are as varied as the marriages that spawned them, but generally speaking, quick resolutions can help you begin your new life sooner, and with no ill effect, provided planning has not been sacrificed to speed.

Once a divorce settlement is reached, there are sometimes disputes that arise with regard to that settlement, which must be resolved before a family law judge. High-profile examples of this include Supermodel Christie Brinkley and her ex-husband Peter Cook, who were battling over property in New York after their divorce settlement, when details emerged about Cook’s affair with a teenager. Actors Alec Baldwin and Kim Basinger too have returned to court multiple times to address child custody issues.

There’s no guarantee new issues won’t arise, but again, the best insulation you have against that is careful planning before you file.

Some good first steps if you’re considering a divorce include:

1. Meeting with a skilled divorce attorney.

2. Making copies of all important records and documents, including bank statements, tax returns, life insurance policies, credit card statements, mortgage documents, wills, etc.

3. Make an inventory of all your family possessions and household items – anything of value, including artwork, jewelry, furniture, appliances, vehicles, etc.

4. Have a solid grasp on your household expenses and budget and know exactly what your spouse earns. Document as much of this as possible.

5. Start saving money of your own as soon as you begin to consider a divorce. This will not only help with legal fees, it will ensure a more stable future as you embark on a life on your own.
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We want to do everything we can to keep our loved ones safe. One of the best ways to do this is to frequently check the latest product recalls from the U.S. Consumer Product Safety Commission (CPSC).

Our Highland personal injury attorneys are asking all residents to take a glance at the latest recalls to help identify any dangerous products that might be in your home. Every year, thousands are injured by defective products — and hundreds of consumers are recalled by the manufacturer or the federal government. Many of these products are marketed for use by children.

Stay up to date with these recalls to help to reduce the risks of injuries.Kolcraft Strollers:

Nearly 40,000 of these products have been recalled in the U.S. and another 300 in Canada because the strollers pose serious fingertip amputation and laceration dangers. What can happen is a kid’s finger can get caught in the opening that is formed when locking and unlocking the hinge used to adjust the handlebars on the strollers. There have already been three child fingertip amputations and a number of adult injuries reported. If you have one of these strollers, you should call the company to get more information on a free repair kit. Call (800) 453-7673.

Black & Decker Coffeemakers

Nearly 160,000 Spacemaker™ 12-Cup Programmable Under-the-Cabinet Coffeemakers have been recalled by Black & Decker. What can happen is the coffee pot handle can break. When this happens, users are subject to serious cut and burn injuries. There have already been nearly 1,300 reports of the handle breaking and another 70 injury reports. If you have one of these pots, contact the company at (866) 708-7846 for a free replacement.

Downeast Concepts’ Beach Chairs:

There are nearly 15,500 folding beach chairs that are being recalled because they pose serious laceration dangers to children. The metal rivets on the chairs are exposed and can cut young ones. There have already been injuries reported to the company. If you have one of these chairs, please discontinue use and call the company for a full refund. Call (800) 343-2424.

Rigo’s Children’s Lounge Pants and Boxers:

More than 210,000 children’s Pull-On Lounge Pants and Girls Boxers have been recalled by Rigo International Inc., of Los Angeles because the clothing fails to meet the federal flammability standards for children’s sleepwear. These items pose a risk of burn injury to children. There has already been one report submitted to the company. The legs of a 9-year-old were burned in an accident. If you have any of these items, contact the company for a full refund. Call (888) 229-1292.

You’re urged to check the list of recalls from the CPSC frequently to make sure that there are no dangers lurking in your home. Share these recalls with your friends and family members to help to keep everyone safe!
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Phone: 219-836-2200
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