Silver Crosshair

Come Joseph P. Barker, Sr., and Betty L. Barker, the paternal grandfather and paternal step-grandmother of Susan R. Barker, through counsel, and respectfully move this court for an Order permitting them to visit with their granddaughter and, as to the reasons therefor, would show this Honorable Court as follows:

1. Susan Barker has been a ward of this court since 1999.

2. Her whereabouts are unknown to them.

3. Prior to Susan becoming a ward of this court she was in the custody of your petitioners.

4. Because of a determination by this court that she required treatment for conditions unrelated to movants’ custody, Susan was removed from their care and placed into the custody of the Tennessee Dept. of Children’s Services.

5. Susan would greatly benefit from visitation with the petitioners under such circumstances as may be ordered by this Court.

6. The present case is governed by Tenn. Code Ann. 36-6-306, which provides in pertinent part as follows:

(b) (1) In considering a petition for grandparent visitation, the court shall first determine the presence of a danger of substantial harm to the child. Such finding of substantial harm may be based upon cessation of the relationship between an unmarried minor child and the child’s grandparent if the court determines, upon proper proof, that:

(A) The child had such a significant existing relationship with the grandparent that loss of the relationship is likely to occasion severe emotional harm to the child;

(B) The grandparent functioned as a primary caregiver such that cessation of the relationship could interrupt provision of the daily needs of the child and thus occasion physical or emotional harm; or

(C) The child had a significant existing relationship with the grandparent and loss of the relationship presents the danger of other direct and substantial harm to the child.

(2) For purposes of this section, a grandparent shall be deemed to have a significant existing relationship with a grandchild if:

(A) The child resided with the grandparent for at least six (6) consecutive months;

(B) The grandparent was a full-time caretaker of the child for a period of not less than six (6) consecutive months; or

(C) The grandparent had frequent visitation with the child who is the subject of the suit for a period of not less than one (1) year.

(c) Upon an initial finding of danger of substantial harm to the child, the court shall then determine whether grandparent visitation would be in the best interests of the child based upon the factors in 36-6-307. Upon such determination, reasonable visitation may be ordered.

7. The factors that the court will consider in awarding visitation to the grandparents are

provided in Tenn. Code Ann. 36-6-307:

36-6-307. Determination of best interests of child for grandparent visitations

In determining the best interests of the child under 36-6-306, the court shall consider all pertinent matters, including, but not necessarily limited to, the following:

(1) The length and quality of the prior relationship between the child and the grandparent and the role performed by the grandparent;

(2) The existing emotional ties of the child to the grandparent;

(3) The preference of the child if the child is determined to be of sufficient maturity to express a preference;

(4) The effect of hostility between the grandparent and the parent of the child manifested before the child, and the willingness of the grandparent, except in case of abuse, to encourage a close relationship between the child and the parent or parents, or guardian or guardians of the child;

(5) The good faith of the grandparent in filing the petition;

(6) If the parents are divorced or separated, the time-sharing arrangement that exists between the parents with respect to the child; and

(7) If one (1) parent is deceased or missing, the fact that the grandparents requesting visitation are the parents of the deceased or missing person.

8. Petitioners have a strong, loving bond for their granddaughter, Susan Barker, and have maintained a room for her within their home, and the items of personal property that she left behind, in the hopes that Susan would one day return to living with them or at least would visit with them again.

9. Social Worker Cheryl Quinn has advised this court that Susan is displaying suicidal ideation, poor hygiene, lying, and stealing. According to Cheryl Quinn, Susan has required numerous foster care placements, and she has sabotaged all foster-to-adopt attempted placements for her. Petitioners believe Susan’s actions reflect a deep-seated desire to live with her natural relatives, and that the first step in that process is to allow visitation between the petitioners and their granddaughter so that they can renew communication and family ties.

WHEREFORE, Petitioners respectfully move this Court for:

1. An expedited hearing on this Motion.

2. That at the hearing, Susan, who is now age 13, be brought forward to declare her

interest in renewing visitation and contact with the petitioners.

3. That at the hearing they be permitted to visit with Susan at such times and under such circumstances as this Court shall deem reasonable.

4. That they may have such other, further, and general relief to which they may be entitled.

Respectfully submitted this 7th day of August 2002.

__________________________________

Dr. Michael A. S. Guth, BPR # 019039
Attorney for Petitioners
116 Oklahoma Ave.
Oak Ridge, TN
37830-8604
Phone: (865) 483-8309

Dr. Michael A. S. Guth, Ph.D., J.D., is an attorney at law based in Oak Ridge, Tennessee. His practice focuses on enabling people to represent themselves pro se without a lawyer (and thereby save on legal fees), as well as full representation for appellate practice. One area his work has particularly emphasized is child support defense and elimination of the unconstitutional debtor prisons that now saturate our court jurisdictions across the nation. For more information, see URL http://riskmgmt.biz/prose.htm and http://riskmgmt.biz/samplepleadings.htm

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Mesothelioma is a deadly cancer that is caused by exposure to asbestos fibers, and this cancer can reduce lifespan to a matter of months from the onset of symptoms. Over recent years, the number of mesothelioma cases coming to light has risen quite dramatically, and in line with this, the number of mesothelioma lawsuits being filed has also increased. Because mesothelioma lawsuits have become such big business, many law firms and lawyers now specialize in this area, making it easier for those affected by this disease to get the legal assistance they need to file a mesothelioma lawsuit.

The first thing to remember about filing a mesothelioma lawsuit is that you have to act quickly. Each state operates within a statute of limitation, which means that those affected by this disease have a certain time within which to act. These statutes of limitation apply to both affected parties and to relations that may be filing a mesothelioma lawsuit in the event that the affected party has already passed away. The faster you act with regards to getting legal assistance the better. Filing your mesothelioma lawsuit as early as possible could make the difference between a successful and unsuccessful compensation claim.

Many people worry about the cost of filing a mesothelioma lawsuit, but the majority of mesothelioma lawyers and law firms now operate on a contingency fee basis. This means that clients do not have to pay any money up front, and the lawyer takes his fee from any compensation awarded as a result of the mesothelioma lawsuit. If no compensation is awarded, then you do not have to pay any fees for the legal action that has been taken.

An experienced mesothelioma lawyer will be able to offer advice on the likely success of your mesothelioma lawsuit based upon your own individual circumstances. Although it is impossible to predict how much will be awarded as part of the mesothelioma lawsuit, an experienced lawyer will be able to draw on experience from past cases to give you an idea of how much you might get. The compensation received as a result of filing a mesothelioma lawsuit is designed to cover a range of costs. Compensation often runs into six figures for claimants, and this is to cover medical expenses, pain and suffering, and also to secure a financially stable future for their families. Although the exact compensation awarded can vary from one lawsuit to another, a mesothelioma lawyer will aim to get as much compensation as possible for an affected client.

Taking early action when filing a mesothelioma lawsuit could really benefit you, and will enable your mesothelioma lawyer to collate all the necessary facts and information in order to put together a watertight case. This can make a big difference to the success of your mesothelioma lawsuit, and acting quickly will help to ensure that your case is actioned within the time limitations set by the state. Although thinking about legal action can be difficult when you have been diagnosed with a cancer such as mesothelioma, it is important to seek legal assistance as soon as possible following diagnosis. This is to ensure that you and your loved ones stand as high a chance as possible of getting the compensation to which you are entitled.

MesotheliomaFirms.com offers listings of experienced mesothelioma attorneys and law firms as well as asbestos and mesothelioma information and articles.
To find a mesothelioma attorney visit http://www.MesotheliomaFirms.com

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A Chicago based computer user/writer, harmed by Adware, looks to stop Internet Adware programs from being able to hijack browser screens. His computer, damaged by privacy invasions, caused him to be unable to pursue work searches, or properly use the internet. He then felt compelled to ask others to join him in stopping this widespread abuse. It causes data loss, confusion among novice users, and millions of dollars in time and repair for consumers each day.

Chicago, IL July 16, 2004 — “The Internet will become the new place for the ‘Tin Men’ of old unless we stop them now!” says a Chicago based computer user who goes by the name Cody Windsong.
He now hopes to begin an independent Search Engine Optimization Company known as www.Onemanbandwidth.com that will help other small businesses succeed and offer free suggestions on how to defeat the offending companies.

He has been advising several friends for the past year on how to sell on the Internet, but says, despite his success in getting them highly visible in Search engines, confidence is eroding, even for the Internet businesses not involved in hijacking, pop-up ads, unauthorized privacy invasions, or other intrusive adware programs. “I have had four internet programs hijack my browser screen and make me believe that my computer was malfunctioning.”

Some of the companies,such as ShopNav, offer uninstall programs that do not properly work and Windsong, when he found it virtually impossible to contact company officals, decided to counter-attack.”Even some of the more conventional anti-spyware packages did not work. Once the damage is done there is often nothing that can be done to correct the damage,” says Winsong. “We have to stop them. They give the Internet and Internet business a bad name!”

Cody hopes to bring together the hundreds of thousands of people injured by these schemes and, by making the companies pay for their harms, thereby stopping unsolicited hijacking and privacy invasions.

Contact Information:

Cody Windsong
844-477-6816
Hijack@onemanbandwidth.com
Onemanbandwidth

About the author:

.

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Mesothelioma is a rare but deadly type of cancer usually caused by exposure to asbestos or asbestos-containing products. The mesothelium is a thin mucous membrane that covers most major organs, and provides the moisture the organs need to move properly. Lubrication allows organs to move in order to circulate blood in the heart, or infuse it with oxygen in the lungs, or process food properly in the gastrointestinal tract.

There are several different kinds of mesothelioma, but by far the most common is pleural, or lung-related mesothelioma. As asbestos enters the body through respiration, the microscopic shards pierce the lungs and lodge in the delicate pleural mesothelium. The shards irritate and fester in the mesothelium, and over time will most likely develop into mesothelioma. Most cases of this cancer take decades before any symptoms begin to appear, but by the time they manifest they are too advanced to treat.

Other kinds of mesothelioma include pericardial mesothelioma, which affects the lining around the stomach and digestive tract; and pericardial mesothelioma that affects the lining of the sac that contains the heart. Most mesothelioma prognoses are not positive; victims rarely live longer than five years after their first diagnosis, and most succumb between six and 12 months.

Many experts call mesothelioma the “silent epidemic”, because virtually every person in the United States has been exposed to asbestos at some point in time. Asbestos is naturally heat and flame resistant, pliable, durable, and was made into everything from baby’s clothing to brake pads to insulation to potting ceramics. Many of the current victims of the mesothelioma epidemic worked in or around military installations, as asbestos was a critical part of shipbuilding and other large scale manufacturing industries, but mesothelioma can strike anyone of any age.

Part of the tragedy of mesothelioma is that many asbestos companies or industries that used the material refused to acknowledge it is dangerous. Civilizations around the world used asbestos for thousands of years, and even peoples as early as the ancient Romans knew that people who worked with the mineral died of lung ailments. Even into the 20th and 21st century these companies denied or covered up the evidence that linked their product to not only mesothelioma, but lung cancer and asbestosis as well.

In order to address the mounting concerns about the legacy of asbestos, Senator Arlen Specter proposed a bill that would remove the ability of victims of mesothelioma to pursue legal settlements against the companies or industries that may be responsible. The government expects thousands of new cases of mesothelioma and other asbestos-related diseases in the years to come, and so the bill will establish a $140 billion trust to compensate victims or their families. Ostensibly, this is to relieve the stress on the courts of thousands of lawsuits, but it in fact would severely limit the amount of financial restitution the companies would owe their victims. Furthermore it would disallow many types of asbestos suits, and would potentially extend legal proceedings far beyond the expected lifespan of the people afflicted with this deadly disease.

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Personal injury can be a physical, financial or a mental injury caused by another person, object or company. A person can sue and claim for personal injury compensation if he has been a victim of slip and fall injuries, nursing home abuse, car accidents, defective product injury, exposure to toxic materials, medical malpractices, wrongful death (due to negligence), drug injury, dog bite, job injuries, and so on.

Each state in the US has its own personal injury laws. Oregon has some strict personal injury laws. These come under both federal laws as well as state laws. Personal injury law is also known as “Tort Law”. A tort is simply any injury caused to a person by another. Anybody can claim for damages under this law for physical or emotional injury as well as for property damages. In case of death, the family members of the deceased can claim for damages.

Tort Law provides for four main objectives: 1) To win compensation for victims of personal injury; 2) To legally obligate the person who harmed the victim to pay punitive damages; 3) To prevent the recurrence of similar reckless or negligent action in the future and 4) To defend the victims’ legal rights. Personal injury cases under the Torts Law can be based on three grounds: strict liability, negligence and intentional wrong. Strict liability is generally against product manufacturers whose product may have caused some injury; negligence is against anyone who could have prevented the injury while intentional wrong is against anyone or anything that has intentionally caused the injury e.g. domestic battery. The Torts Law covers most personal injuries under these three grounds.

There are many personal injury lawyers in Oregon. Information about these lawyers and law firms can be obtained through the yellow pages, or by seeking the advice of your attorney, friends or family members. The Internet is a very good source for finding good Oregon Personal injury lawyers.

Oregon Personal Injury Lawyers provides detailed information on Oregon Personal Injury Claims, Oregon Personal Injury Funding, Oregon Personal Injury Law Firms, Oregon Personal Injury Laws and more. Oregon Personal Injury Lawyers is affiliated with Wrongful Death Attorneys.

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There is a new concept in the legal industry called unbundled services. It is largely unknown by lawyers. But it has appeared in the attorney-ethical rules of many states. Most consumers have never heard of it. Most lawyers still have no idea of what it means. But the influence of this concept may change the future of legal services.

To understand the concept of unbundled services, one must have an understanding of the traditional ways attorneys handle representation. For most of history an attorney began representation at the beginning of a case. Representation didn’t end until the end of the case. People needing legal services had two choices: either pay an attorney a fee for the entire case, or go it alone. There was no in-between. It was almost unthinkable for an attorney to provide help filling out one form or attending one hearing. It was all or nothing. There was nothing wrong with this system for those with the substantial assets needed to pay an attorney. But people that did not have much money were out of luck.

Many local state bar associations recognized this problem. The issue was recently studied by the American Bar Association. A new concept was borne out of these studies - unbundled services. The basic premise was that some legal advice was better than no legal advice. Unbundled services recognized the reality of many consumers - that attorney fees exceeded the financial capability of many. Unbundled services solved this problem. This concept makes it acceptable for an attorney to represent a client for one small part of their case - without violating ethical rules. Many states have started to adopt rules recognizing the existence of unbundled services.

The most promising application is for family law services such as divorce, child custody, support, and property distribution. The reason: more people attempt to handle their own family law cases than any other area of law. And the courts are increasing frustrated and bogged down with self-represented divorce parties. The need for flexibility and creativity in legal service is the most evident in family law cases.

Unfortunately, attorneys have been slow to offer unbundled services. They are either not aware of this new trend or have declined to change their service offerings. The result: over three quarters of family law cases involve people that have not hired an attorney. There are strong advantages for attorneys that offer unbundled services: a larger potential customer base, less collection problems, and the satisfaction of helping lower income clients.

If you cannot afford an attorney, consider searching for an attorney that will offer different services on an “a la cart” basis. This can include preparing the initial divorce documents, attending one hearing, or participating in mediation. Do it yourselfers can also enlist the help of an attorney to prep for their final hearing. The era of unbundled services has arrived and will ultimately empower the consumer and increase access to the court system.

Copyright 2006 The Divorce Center P.A.

Divorce Attorney Howard Iken has a rapidly growing divorce practice in the Tampa Bay area of Florida. He can be reached at 1-888-469-3486. More information on divorce can be found at Tampa Divorce Attorney

An example of unbundled services can be found at Tampa Divorce Fees

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Even in the most simplistic franchise businesses, such as a home based franchise business model the franchisor must have stipulations of the franchise agreement concerning the use, purchase and set up all the franchisee’s computer system. It is for this reason that in our franchise system I decided to add a clause into the franchise agreement, which address the computer system issue with regards to the initial setup of this computer system. Below is the clause I put into our franchise agreements;

3.30 Computer System

Within sixty calendar (60) days of signing the Franchise Agreement Franchisee must obtain a computer system meeting Franchisor’s specifications. Franchisee will be required to update Franchisee’s computer system when Franchisor reasonably requires. Franchisee must establish Internet access and an electronic mail (e-mail) account within fifteen calendar (15) days after Franchisee obtains their specified computer system. Franchisee must notify Franchisor of Franchisee’s electronic mail account address via e-mail within five calendar (5) days after Franchisee obtains this address.

— —- —- —- —

If you run or own a franchise system which sets up home-based businesses in franchises you would be well advised to discuss this issue with a bona fide franchise attorney who specializes in franchising. I hope you will consider this in 2006.

“Lance Winslow” - Online Think Tank forum board. If you have innovative thoughts and unique perspectives, come think with Lance; http://www.WorldThinkTank.net/wttbbs/

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You’ve finally done it. You bought that car that you’ve been looking at and thinking about for months. It’s all very exciting, right? Well, that’s what we hope for anyway. But what happens if that car turns out to be a “lemon”. I know, this is something no one wants to think about, but unfortunately, it happens. The good thing is that you’re not without recourse. All fifty states have adopted some form of the lemon law that is written to protect people exactly like you. Since this law can vary from state to state, if you find yourself in this unfortunate position,the first thing you should do is contact a law lemon lawyer in your state.

Finding a law lemon lawyer that is familiar with the particular way your state operates when it comes to the lemon law is critical in ultimately winning your claim. This lawyer can evaluate your case and give you an honest opinion as to whether or not you even have a claim in the first place.

If you do, there are many steps that will need to be taken to prove it. The law lemon lawyer should be able to advise you on just what these steps are. Some of these steps will include documentation of all problems and repairs that will need to be kept detailed and complete. Invoices and receipts will need to be filed. Conversations with the dealership will need to be documented. In most states, your car needs to have been out of service for at least 30 days of the year before they will even consider it a lemon. If you have kept a record of all repairs and dates that your car has been in the shop, this will be much easier to prove than if you rely on the dealership.

Since these steps can prove to be time consuming and the entire process can be pretty drawn out, enter into this process knowing that you will need to be diligent and accept that it will take time. Having a law lemon lawyer for this process can help to expedite that process, though, and that in and of itself can make it worth your while. In some states, if you win your case, the lawyer fees will be included in your settlement anyway. If you lose, however, you will be responsible for all attorneys’ fees.

By
Ray Walker
Lemon Law Information

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A DUI record is the information book of an individual’s DUI arrests. Offenses that can be considered criminal in any DUI related accident are reported in DUI records. Registrations of DUI records are done by agencies like the legal system, the motor vehicles department and law enforcement agencies. DUI records remain with these organizations for years and can be easily accessible at any point of time by anybody. Factors like repeating offenses, higher blood alcohol level, children involvement in the accident, vehicle’s speed, injuries, etc. could increase the harshness of DUI records.

Drunk driving is the worst crime and could hamper your life if you have any DUI records. You should clear the DUI records to lead a normal life. Having a DUI record means you are criminal and thus cause considerable damage. The whole process is confused and fearful so that person could not repeat it again. You could lose your job because no one wants to hire a person who has DUI records. It gives you emotional and mental frustration and a state of helplessness. Besides, you have to take alcohol classes, pay enormous fines, high insurance costs, etc as a punishment. The effect of the punishments will harm you for many years to come.

A well-qualified and professional DUI attorney can help to minimize the severity of DUI records and in some cases they can eliminate your DUI records completely. Removing DUI records from a personal profile is a great relief to the person charged in a DUI case. You should clear your DUI record and minimize your personal damage. DUI record is a criminal label and thus causes damage and confusion. On one hand it is important that it teaches the drunk driver a lesson but on the other DUI records affect your life badly even after the incident. So you should take immediate action to minimize the damage and clear your DUI record as soon as possible, with the help of any reputable attorney.

California DUI Lawyers provides detailed information about California DUI lawyers, California alcohol treatment, California DUI arrests, California DUI defense and more. California DUI Lawyers is the sister site of Florida DUI Attorneys.

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Personal injury lawsuits are filed when an individual is injured from negligence or fault of another person. Usually, these kinds of lawsuits adhere to a similar outline throughout the country, but you would still find small differences in the personal injury laws in different states. Such lawsuits are meant to compensate the injured party and prevent any recurrence of the activities that brought about the injury in the first place.

Sometimes, personal injury lawsuits are also referred to as tort law. Personal injury lawsuits do not only consist of physical pain, but they also take account emotional and financial hardships. Some of the damages that you will be able to obtain are medical expenses, physical pain, lost wages, and disfigurement.

Negligence, strict liability, and intentional wrong are some of reasons for which the liability and damages in a personal injury lawsuit can be established and paid for. Even though great numbers of personal injury lawsuits are settled out of court, quite a few go to trial. Juries that review these cases are accountable for awarding the plaintiff with a monetary sum if they deem him or her entitled. Also, they come to a decision on the actual monetary sum that is to be paid out.

For most every personal injury lawsuit, people are required to find and hire a lawyer. In view of the fact that the nature of law can be exceptionally intricate, a personal injury lawyer will be best qualified to guide you in the course of the legal process. These lawyers have skill in personal injury cases and can provide you the information you need.

Chicago Personal Injury Lawyers provides detailed information about Chicago personal injury lawyers, Chicago personal injury funding, chicago personal injury law firms, and more. Chicago Personal Injury Lawyers is affiliated with Traumatic Brain Injury Lawyer.

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