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Hospital Emergency Hotline and Religious Exemption Cases

Posted on: April 6th, 2020 by Stephen Willis

It is common practice for hospital staff to use the emergency hotline with the Superior Court in order to obtain treatment when the parents of a minor refuse treatment like blood transfusions on religious grounds. There are two exceptions to the rule. An order of protection will come in handy in some circumstances. That is why it is imperative that you’re looking for a divorce attorney Mesa so that you’re aware of the legal implications involved in such a predicament.

Emergency Hotlines and Connections to Superior Judges

One of the main issues of contention is the treatment following a verbal order from the superior judges. There is an emergency line that can be used directly to access the superior judges in case there is an issue involving a minor.

State Laws and Religious Exemptions

The religious exemptions will vary from one state to another. The state will determine neglect if you deny a child medical treatment based on religious grounds. In Oregon, religious exemptions are not allowed for criminal and civil charges. There is no exact data on the extent of religious-related cases involving minors. This is because the majority of cases go unreported in most states.

Blood Transfusion and Religious Belief

There was a case in 2017 in Arizona that involved a 14-year old boy suffering from bone cancer. Cody H was being treated at the Banner Cardon Children’s Medical Center. As a Jehovah’s Witness family, they refused blood transfusion but consented to cancer treatment. The medical team had to come up with an alternative therapy that did not involve blood transfusion.

The emergency hotline had tried getting into contact with Superior Judges. The medical staff called for Ex Parte orders which would override the religious beliefs of the parents and allow for blood transfusion. Out of the five requests, three were granted. The medical team was able to administer blood transfusion without needing the parents’ consent.

Complaints and Petition

In the same case, the appeal court held that the hospital would not be able to treat the child against the parent’s wishes if there was no written petition or complaint. It is only after doing so will the superior judge be able to enter into a relief. The proper legal action and channels should be followed when seeking treatment of a child without the consent of the parent.

When Refusing Care Becomes Neglect

It isn’t always clear when neglect becomes obvious because parents have a lot of leeways when it comes to making decisions for their children. It will be difficult to draw the line between what is neglect and what isn’t. In most instances, it will depend on the kind of treatment that is being refused.

Doctors and courts can always use a clear guideline to determine when the state will need to intervene. A court is likely to step in when there is irrefutable evidence about the treatment being established. At 17, a child might not be an adult yet but can participate in the decision-making process. Not everyone agrees that religious exemption laws are working. For more information on the subject, you can visit https://www.familylawattorneymesaaz.net/

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Solutions for High Conflict Custody Cases

Posted on: February 15th, 2020 by Stephen Willis

Going through a divorce process is quite traumatic and emotionally devastating. Ending a relationship and starting a new life involves many stages. Sometimes, dealing with divorce comes with financial and health struggles as a side effect. It gets even more harrowing if children are also involved. Discussing issues with a high-conflict spouse ends up in more frustration and pain. At divorce attorney Mesawe will find the right solutions to the unique needs of every client. 

A healthy conversation in the legal processes is necessary

When the partner exhibits anti-social behavior, the event can become stressful without any outcome. The involvement of an attorney helps in representing the legal processes efficiently and compassionately. Peace of mind is very critical while undergoing legal procedures. A calm and open mind is vital to safeguard the legitimate rights. 

The presence of an angry, abusive, and confrontational person can hurt the entire process. The endless conflict and fighting often lead nowhere other than loss of time and money. 

High-conflict cases can have several causes, such as neglect, financial struggles, or abuse. Regardless of the reason for separation, communication is often not productive. As a result, further issues may arise, such as failure to meet parental responsibilities

How to deal with a high-conflict and narcissistic spouse?

Getting help from an experienced attorney is essential for a safe and less stressful process. But to deal with a high-conflict person, you should keep in mind a few points. The first thing is to stop dwelling on the past. To move forward with good things in life, don’t recall any memories of hurt or pain. Ignorance is bliss. Therefore avoid the comments from them and meet your spouse only in the presence of an attorney. The unnecessary argument will not lead to any fruitful conclusion. Let your attorney deal with such things.

If you want to avoid ending up with a fight, then avoid any conversation unless there is something meaningful to say. Discussions about feelings will not matter at this point when you both have decided to separate. It will only lead to further arguments. 

Focus on your goal. If children are involved, look for solutions that are best for them. Try to resolve the custody case early for the sake of the children. Seek the help of therapy, mediation, and try to maintain composure in the presence of children. 

A helping hand is everything you need

A family law service like Jensen Family Law plays a vital role in settling family disputes. We protect your rights and efficiently represent your interests. Keeping the whole complete process at a professional level and calming high-conflict situations is our specialty. We are always prepared to meet your needs. Child custody, the partition of property, or child support, many things come along with a divorce. We take care of all those issues.Please feel free to learn more about them by heading to https://www.familylawattorneymesaaz.net/

Jensen Family Law – Mesa

3740 E Southern Ave Suite 210 Mesa, AZ 85206

(480) 999-2321

Follow Us On Social Media:

https://www.facebook.com/AttorneyMesaAZ/ 

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Are harassing text messages enough to warrant a restraining order?

Posted on: February 9th, 2020 by Stephen Willis

There is no doubt that harassment is a serious issue that can disrupt someone’s life enormously. Of course, harassment is not something new, but in our modern age, technology has made it much easier for both men and women to engage in this type of activity. One of the most common ways that people harass others nowadays is via text messages. Sometimes, it is hard to tell what constitutes harassment in a conversation even if it gets a bit offensive. But you should know that harassment is against the law and you do not have to put up with it no matter what your relation to the other person happens to be. A divorce attorney in Mesa can elaborate on this.

Harassment via text message

We all know that text messages can be very useful in many situations and that is why they became so popular years ago and continue to be for a lot of people, including divorced and separated couples who have to constantly communicate about issues such as child visitation. Texting is much easier than having to talk to someone on the phone but that is a two-edged sword because someone who is angry or just wants to be mean can easily send harassing texts over and over again and even do so at a very low cost. 

Using text messages as evidence

But although harassing texts can be very distressful, one of the good things about them is that they will serve as evidence against the harasser. Recently the issue of text messages was brought up in a New Jersey court where it was shown that the defendant had sent harassing texts and that turned out to be very incriminating evidence. This is not always the case because, sometimes, text messages may not be deemed admissible as evidence against a defendant depending on the circumstances. Getting a restraining order based on harassing texts is also not always as straightforward as you might believe it to be. 

What to do about harassing text messages

When someone suddenly starts to get harassing or threatening texts from someone they either know or don’t, one of the things that they often do is erase those messages or just ignore them. Erasing such texts will get rid of valuable evidence, and ignoring them is not good because the person who is sending those harassing texts might actually mean it and turn to violence. If you begin to get harassing text messages from someone and you believe that your personal safety is on the line, you should contact the police and/or an experienced attorney who will be able to advise you about whether you will be able to get a restraining order based on the harassing texts or not. You should know that you will probably not be granted a restraining order just because you find your ex’s texting to be annoying or troublesome. You have to be able to show that there is a threat from the person who is sending the text messages to get a restraining order. Click here for more: https://www.familylawattorneymesaaz.net/

 

Jensen Family Law – Mesa

3740 E Southern Ave Suite 210 Mesa, AZ 85206

(480) 999-2321

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How Are The Days Each Parent Spends With Their Child Calculated in AZ?

Posted on: December 3rd, 2019 by Stephen Willis

Divorce is a difficult experience to go through, especially if there are children involved. The parents could begin fighting over the custody of their children, yet the state of Arizona has established a few guidelines that define their custody, how much time each parent spends with their children and child support. Via a professional divorce attorney Mesa AZ based firm, you can surely receive great guidance to get the best outcome. But let’s go back a few steps and provide you an idea of what to guidelines expect:

Childcare Cost:

Knowing which party is paying for the children’s care cost can help define which parent will provide child support. Providing this information can be helpful while in court. 

Health Insurance Cost:

The parent who pays for the children’s insurance cost is also considered. Court considers both childcare cost and health insurance costs even if both are not paid by the same parent.

Parenting Days:

The days each parent spends with the children are considered by also considering the amount a parent spends with the children. This does not include day-care time, yet at court, this rule could be overlooked.

Gross Income:

The gross income of both parents is revised by the court to help determine which parent can earn custody of the children. Which parent supports the children financially is considered by the court, yet other factors are also taken into account.

Special Needs:

The special needs of the children are also considered by the court. A supporting parent may help the children with certain needs, and this is something that the court also puts in mind.

The court will help define both the child support and parenting time each parent spends with their child or children. The hours each parent spends with their child are determined by knowing how many hours each of them spends with the child. For example, the time each parent spends with their child can be determined like this: 12 hours or more equals one day, while 6 to 11 hours will count as half a day. The court then passes to determine how much hours are spending yearly on the children. Via those steps and other matters, a professional family lawyer can help determine the children’s parenting days. The state of Arizona has guidelines that make it easy to determine the time each parent can spend with their children. It is good to consider all the points given above to stablish and have a good idea of how much time each parent could receive child custody.

It is very important to know the time each parent gets to spend with their child because this gives a clear idea of what to expect at court. Be sure to only use an experienced family lawyer, because you need to properly revise these guidelines to have a good understanding of your standing in court. If you are looking for a professional family attorney to assist you in your case then at Jensen Family Law you can certainly receive the best legal assistance. Please feel free to learn more about them by heading to https://www.familylawattorneymesaaz.net/

 

 

Jensen Family Law – Mesa

3740 E Southern Ave Suite 210 Mesa, AZ 85206

(480) 999-2321

 

Follow Us On Social Media:

https://www.facebook.com/AttorneyMesaAZ/

https://www.linkedin.com/company/jensen-family-law

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