|April 17, 2015||What Is Parental Alienation and How Can It Affect Custody?||1 comments|
|April 17, 2015||A Legal Perspective for a Recent Tragic New York Accident||no comments|
|August 01, 2014||If you’re loyal to your insurance carrier it will cost you||no comments|
|July 18, 2014||no comments|
Parental alienation syndrome is a psychological term that means one parent is turning the children against the other parent, usually due to a divorce or child custody dispute. The syndrome manifests as the child’s denigration of the other parent, but there is no real justification for it. It results from the other parent’s indoctrination of the child and the child’s own contribution to vilifying the targeted parent.
On March 25, 2015, the New York appellate court ruled in the appeal of Halioris v. Haloris , where the father sought sole custody based on the mother’s parental alienation. The mother had appealed the lower court’s decision and requested that the appellate court review the case.
In rendering its decision, the appeals court upheld the lower court’s decision to grant the father sole custody. The court referenced several other cases, quoting previous findings that influenced the court’s decision. This statement in particular was pivotal in the case:
‘Parental alienation of a child from the other parent is “an act so inconsistent with the best interests of the children as to, per se, raise a strong probability that the [offending parent] is unfit to act as custodial parent.” ‘
Clearly, divorce is an emotional matter for many parents, and they can lose a proper perspective when fighting for custody of their children. Even so, there are important legal guidelines to keep in mind. Parental alienation is one of them, and no matter how justified a parental may feel in alienating the child from the other parent, this type of behavior often backfires.
If you have questions about divorce or child custody issues, Chris Palermo is glad to provide you with answers and legal advice. As a Long Island divorce lawyer he is committed to protecting your rights and helping you achieve the best outcome possible.
On April 1, 2015, a tragic car accident occurred in the Bronx on a snowy Grand Concourse service road. A cab driver, suffering from a seizure lost control of his cab. The cab hurled through the air, landed, and careened into four pedestrians. Footage of the accident posted on Facebook showed one of the victims being thrown across the median near the service road and E. 170th street and sliding into the curb. According to the news report, it was unclear which victim this was.
Kadeem Brown, a 25 year-old man died at the scene. The cab also struck a 39 year-old woman, Sarequa Howe and her five year old daughter. The mother survived, but her daughter was transported to Lincoln Hospital’s pediatric ward, and despite the physicians’ best efforts, they were unable to save her life. Manuel Quinones, age 55 was the other accident victim and he was in critical condition. The cab driver,44 year-old Emilio Garcia who had suffered the seizure, also survived the crash.
From the standpoint of a personal injury case, who is at fault? Do the victims have the right to sue?
In New York, the Insurance Law allows a personal injury victim in a traffic accident who suffers from “serious injury” to sue for negligence.
The law defines serious injury as the following:
• Significant disfigurement
• Loss of a fetus
• Permanent loss of use of a body organ, member, function or system
• Permanent consequential limitation of a body organ or member
• Significant limitation of use of a body function or system
• Medically determined injury or impairment of a non-permanent nature which prevents the injured person from carrying out usual and customary daily activities for not less than 90 days during a period of 180 days immediately following the injury
In this case, it is likely that the cab driver and possibly the cab company, if the driver was not an independent cab driver, are liable parties in the accident case.
If you have been seriously injured in a car accident that was not your fault, an experienced NYC accident lawyer can work with you so you do not have to worry about legal matters. Medical expenses in serious accident cases can be exorbitant, and it is important for you to receive adequate compensation to offset the costs.
Most successful businesses know how to treat their faithful customers. A good restaurant owner will treat regulars with a complimentary drink or appetizer. Department stores send out coupons to returning customers. Supermarkets offer customer loyalty cards and often the more you spend, the more you are rewarded in savings. Even car dealers offer discounts to repeat buyers.
It stands to reason that insurance companies would offer some type of loyalty discounts to their customers as well. After all, many keep using the same company for their home and/or auto insurance for years and years. You would think these dutiful customers would be rewarded for their loyalty.
It just so happens that the opposite is true!
A few years ago, I was looking at my bills and noticed how expensive my insurance rates were. I remembered that when I first purchased the policy from my carrier in 2003, my rates were very reasonable, and competitive for the time. My rates had steadily increased after years of accident-free driving. I always assumed that it was due to inflation and the increased operational costs of the insurance company being passed on to me.
Last year, I finally decided to shop around for a new insurance company. I was amazed when a reputable company offered me a policy of equal coverage at a rate that was half of what I was paying with my old company – the one I had been loyal to for ten years. While I was thrilled to get such a great rate, I wanted to know why my prior company was charging me so much, why my rate was no longer competitive. As I mentioned I am a safe driver, and never even so much as had a traffic ticket. So I did a little research and was shocked at what I discovered.
It turns out most large insurance companies employ a tactic known as price optimization. Insurance companies have learned through research that most consumers will accept a modest yearly price increase without balking. This means that year after year, a carrier will raise the rates of its existing customers slightly for know other reason then that they can get away with it.
These modest increases can really add up over time. If you’ve been using the same insurance carrier for several years, you may be paying substantially more for your insurance then a new client of that same company.
It’s unfortunate that in today’s busy world we always have to be shopping around for the best price on our insurance. With their commercials and slogans, insurance companies would have you believe that they’ve got your back, but when it comes to money, they’re apparently out there trying to figure out how to get more of yours.
Most of us are already aware of credit card companies and banks adding unnecessary fees. Now we can add insurance companies to the list of disreputable corporations.
The moral of the story is that you should never get complacent with your insurance carrier. If you do, it will cost you. The good news is that there is a whole market out there and lots of competition between insurance carriers for your business. Price shopping insurance rates will most often save you money.
- While swimming, make sure you keep everyone in your pool under active supervision. Did you know that it is common for drowning deaths to occur while parents are actually with their children at the pool. It is not enough to be there. Failure to keep a watchful eye on your children while they are swimming can have disastrous consequences. Bear in mind that it may only take a few seconds for a drowning death to occur. This is especially true at parties or summer BBQ’s where there can be many distractions. Always keep your eyes on your pool.
- Make sure everyone in your family, including caregivers, knows how to swim. It’s never too early to teach your children how to swim and to understand the dangers of water. The sooner your child learns to swim, the safer he or she will be around water.