Tuesday, August 30, 2016

Behaviors That Can Reduce Your Chance of Child Custody

Child custody cases can sometimes be difficult, and reduced visitation is often a primary concern of individuals going through difficult times. It is important to know your state's child custody laws and Gibbons Law Firm at the Lake of the Ozarks is committed to consistently providing sound legal advice on the subject. There are behaviors that greatly affect your terms and conditions surrounding visitation, and there are conducts to avoid. Below, we will share some points and information to hopefully help you avoid mistakes and provide some direction on how not to have your custody arrangement reduced or reversed. Keep in mind, it is the opinion of the court to make decisions in the best interest of the child and to determine custody arrangements.

Here is a list of common issues concerning individuals going through custody conflicts. It should go without saying, but steer clear of the following behaviors: 

1. Not being actively involved in your child’s activities and day to day life. 
Are you aware of your child’s day care provider or teacher’s name? Have you been present at a doctor’s appointment or attended a sporting event your child is participating in? If your answer is, “No,” then you may need to consider prioritizing these moments in your life to avoid changes to your current custody arrangement.

2. Having drug and/or alcohol concerns. 
If you find yourself indulging, even casually, in drugs or alcohol, you may find this affects your chance of custody. Allegations such as this will be taken seriously by the courts; if you have a problem with substance abuse, please seek professional treatment as soon as possible. 

3. Being overly critical or disparaging of the other parent. 
Being friendly can sometimes be difficult when dealing with an ex, but keep in mind that judges often look favorable on parents who show a solid effort to have a temperate relationship with the other parent. If it is alleged that you are consistently critical and reproachful of the other parent through text messages, emails and/or through the child him/or herself, this behavior is negatively influencing the child and will be frowned upon in court. A change to your custody arrangement will almost certainly result if this is proved. You want to show the courts that you intend to support the other parent by adhering to an agreeable tone when discussing or dealing with the child and other parent.

4. Not following the advice of your legal counsel. 
Your attorney is trained and experienced in providing the best legal advice and guidance to you. They have experience with the struggle you’re going through and should be an advocate by your side. They will advise you on matters of behavior and conduct, and it is critical that you follow their instruction. It can be hard to filter strong feelings, but for the sake of your child’s involvement, it is imperative and exactly what you need to do to avoid a reduction or additional stipulation on your custody agreement.

5. Lacking self-control. 
If you are prone to impulsive outbursts, ranting or raving in person or over technology mediums, you are instantly jeopardizing your custody arrangement. Judges will not be lenient if they have evidence that you are a parent that regularly loses control of his/her anger and temperament. You will be at a disadvantage if you can be described as a loose cannon by friends, family and others in your social network. Going through divorce and custody issues in court is probably not a comfortable chain of events; however, you must be mindful of self-control. 

If you are serious about child custody, then you must exhibit the highest level of discipline and manage your behavior at all times. Avoiding the aforementioned behaviors is the first step to an improved relationship with your child, their parent and other third parties involved. Gibbons Law Firm assists clients with all types of family law and is committed to providing the best advice to clients involved in custody disputes. We invite you to contact our Lake of the Ozark law firm at 573-348-2211 to set up an appointment.




Your Trusted Legal Resource

Gibbons Law Firm
4075 Osage Beach Parkway, Suite 300
Osage Beach, MO 65065
(573) 348-2211

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No attorney-client relationship is created by the publication of this blog.

Friday, August 26, 2016

Boating & Alcohol Don't Mix

Another busy summer at the Lake of the Ozarks is beginning to wind down, but we expect that the water will stay pretty busy for several weeks yet to come - especially on the weekends. While there's absolutely nothing wrong with getting out and enjoying the water while the weather is still warm, the team at Gibbons Law Firm wants to remind you of one crucial boating safety tip: boating and alcohol don't mix.



The Dangers Of Drinking And Boating

Just as operating a motor vehicle while intoxicated is unsafe, driving a boat while under the influence of alcohol is incredibly dangerous. Alcohol consumption impairs judgment, clouds the mind, and decreases reaction time - all of which are incredibly dangerous for a boat driver. With vessels of all sizes traveling in all directions - not to mention the number of swimmers in the water as well - it is imperative the boat drivers use all their faculties to ensure their own safety and the safety of those around them. When they have been drinking, their ability to keep themselves and others safe on the water will likely decrease drastically.

Boat Injuries On The Lake Of The Ozarks

The Lake of the Ozarks is a wildly popular vacation destination, and tourists travel from all over the surrounding states to take part in all the fun activities the water presents. Unfortunately, playing on the water comes with certain inherent risks. Every year, many people are injured or even killed while out enjoying the Lake. If you know have been injured on the water due to the negligence of another person, you may be able to seek compensation for your injuries.

When someone else's negligent behavior is responsible for your injuries, that individual may be responsible for paying for your medical expenses and the other financial burdens you may have to bear as a result of your injuries (such as reduced wages, missed time from work, etc). 

If you have been in an accident with an intoxicated boater, your injuries may be severe. Because the driver was performing a criminal act (drinking and boating) at the time that he caused your injuries, the stakes in your personal injury case may be much higher. In these instances, having the representation of an experienced Lake of the Ozarks personal injury lawyer may become invaluable.

BWI Charges Lake of the Ozarks

If you are caught consuming alcohol while driving a boat on the Lake of the Ozarks, you may face criminal charges. While it will not go on your Missouri driving record, Boating While Intoxicated (BWI) is a serious criminal offense that will remain on your criminal record for years to come. This charge may appear background checks conducted by prospective employers, educational institutions, housing professionals, etc. Consequently, your BWI charge will likely impact your life for years to come. If you are facing charges, reach out to a criminal defense attorney at the Lake of the Ozarks immediately.

Contact Gibbons Law Firm For Representation

With experience in both criminal defense and personal injury law, Gibbons Law Firm will be here to defend your rights no matter what legal challenge you may be facing. For more information about our legal services at the Lake of the Ozarks, visit our website at www.RGibbonsLawFirm.com. We look forward to serving you.





Your Trusted Legal Resource

Gibbons Law Firm
4075 Osage Beach Parkway, Suite 300
Osage Beach, MO 65065
(573) 348-2211

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No attorney-client relationship is created by the publication of this blog.

Wednesday, August 17, 2016

Steps To Take After A Work-Related Accident

Employers have a legal obligation to keep their employees safe. Despite everyone's best intentions, work-related injuries can and do happen with alarming frequency. If you have been injured at work, it's important to take steps to ensure you receive proper compensation for your injuries. Our personal injury attorney at the Lake of the Ozarks is here to help. Below are several steps you should take following an accident at work.



Seek Medical Attention Immediately
First and foremost, if you are in need of immediate medical attention, you should go to the hospital. Attending to your injuries is the most important thing you can do. When you are talking with the medical staff, be sure you tell everyone that your injury occurred at work. In order to get compensation, they will most likely need to mark that the injury occurred at work on their various medical forms.

Report The Injury To Your Employer
If you have been injured at work, it's important to make sure your employer or HR manager is aware of the incident. Even if the accident and your injuries seem minor now, it should still be reported. A small strain now could evolve into a serious sprain down the road. If related issues arise down the road, you will have better luck pursuing compensation if you have documentation of the initial injury.


Report All Accidents To Your Employer
Just as it is important to report all injuries to your employer, you should also report every accident that occurs - even if no one was injured. Just as minor injuries could prove to be more serious at a later date, injuries could eventually appear that were previously unknown altogether. Even if no one was hurt, reporting the accident can alert your employer to the potential danger and motivate them to increase safety procedures before someone does get injured.

Seek Legal Representation If Necessary
If you run into challenges pursuing your workers' compensation claim, don't be afraid to seek assistance from a workman's compensation attorney at the Lake of the Ozarks. Examples of when you may wish to seek legal counsel can include (but are not limited to):

  • Your employer is threatening to terminate your position if you file a workers' compensation claim.
  • Your employer does not have a workers' compensation policy.
  • Your settlement does not cover the full extent of your damages.
  • It has been months since your initial claim, and your settlement still has not come through.

Gibbons Law Firm Will Be Here To Defend Your Rights
Just as employers have a legal responsibility to keep their employees safe, employees often have a right to compensation in the event that an injury does occur. Only in rare cases (such as those where drugs or alcohol were involved) may the employee not be eligible for compensation under Missouri's workman's comp laws. 

Having successfully tried hundreds of cases, Roger Gibbons has the experience and resources to give you an opportunity for a successful outcome on your personal injury case. Find out more about how we can assist you by contacting our personal injury firm in Osage Beach MO and making an appointment today. Your initial consultation is always free.




Your Trusted Legal Resource

Gibbons Law Firm
4075 Osage Beach Parkway, Suite 300
Osage Beach, MO 65065
(573) 348-2211

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No attorney-client relationship is created by the publication of this blog.

Tuesday, August 9, 2016

Common Misconceptions About Divorce

No newlywed couple thinks their marriage will end in divorce, but with the U.S. divorce rate continuing to hover around 50%, divorce remains an unfortunate reality for thousands of couples all over the States. Our family attorney in Osage Beach MO has represented hundreds of individuals as they navigate the path through divorce towards a new chapter of their lives. Over the years, we have identified several misconceptions many people have about divorce. This week, we're dedicating our blog to clearing up some of these common misconceptions.



Misconception #1:
You Have To Prove Fault To Get A Divorce
Missouri (along with most other states) is a no-fault divorce state. This means that you can file for divorce even if your spouse has not committed some form of marital misconduct, such as adultery. All that spouses are required to prove is that there is "no reasonable likelihood that the marriage can be preserved, and that the marriage is irretrievably broken."

Misconception #2:
Since Missouri Is A No-Fault Divorce State, Conduct Does Not Matter
Though you do not have to prove that your spouse committed adultery, withheld certain important financial information, or committed some other form of misconduct in order to file for divorce, each spouse's conduct during the marriage and the divorce proceedings is still important. The Court may take this type of information into account when determining whom should receive which assets, whom should be required to pay spousal support, etc.

Misconception #3:
If I Have Always Been My Child's Primary Caregiver, The Custody Arrangement Will Be Easy
Though you may have been your children's primary caregiver in the past, this fact will not guarantee your right to full custody of your children after the divorce. The Court will award custody to the parent who is believed to be able to best provide for the child's best interests. During the proceedings, you and your attorney will have to prove to the Court that you fit this description.

Misconception #4:
All Divorces Take Place In The Courtroom
The media likes to sensationalize high-stakes, highly combative divorces as they are battled out in the courtroom, but the truth is that many divorces can be settled outside of court. This process, known as mediation, involves an attorney serving as an impartial third party serving as the liaison between the spouses as they determine how their assets and responsibilities should be divided. This method of divorce is often much more efficient, cost-effective, and less stressful.

Misconception #5:
If My Spouse Neglects To Pay Child Support, I Can Withhold Visitation Rights
If one parent has been awarded full or primary custody, the other parent may be ordered to pay child support to help shoulder the financial responsibility of raising children. If the one parent neglects to provide the child support payments as directed, the other parent may decide to withhold visitation rights until the money is received. However, this is an illegal act that can result in legal consequences on the custodial parent's part. If your spouse is neglecting to pay child support, you should consult with an attorney to determine the best course of action.

Gibbons Law Firm Will Be Here To Guide You Through Your Divorce
Facing divorce can be daunting, unnerving, and downright scary. If you are preparing for a divorce, you likely have countless questions about the process. Our divorce lawyer in Osage Beach MO has experience navigating divorce cases and would be honored to assist you through this challenging time. To learn more about our family law services at the Lake of the Ozarks, visit our website or call us at 573-348-2211.





Your Trusted Legal Resource

Gibbons Law Firm
4075 Osage Beach Parkway, Suite 300
Osage Beach, MO 65065
(573) 348-2211

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No attorney-client relationship is created by the publication of this blog.

Thursday, August 4, 2016

Navigating Your Workers' Compensation Case

Recovering from a personal injury is rarely easy, especially if the injury was serious. In addition to the physical challenges and setbacks the victim may face, he/she must often also face additional challenges such as missed time from work, steep medical bills, grueling physical therapy, and reduced quality of life. If the accident occurred at work, he/she may also experience resentment towards their place of employment and uncertainty over how to proceed.


Workers' compensation cases are some of the most complex cases in the personal injury field. If you have been injured at work, retaining a personal injury attorney at the Lake of the Ozarks to represent your case may be enormously beneficial. Today, Gibbons Law Firm is here to help you understand some of the unique complexities and intricacies revolving around workplace injuries.

Seek Medical Attention Immediately
If you have been injured at work, the most important thing you can do is seek medical attention for your injuries immediately. Caring for your physical well-being is the most critical step. Once your immediate needs have been met, you can work on obtaining compensation for your accident. While you are in the hospital, however, make sure to inform all the medical staff that your injuries are the result of a work-related incident (for insurance purposes).


Report Your Injury To Your Boss Immediately
If their injuries are minor, some people may elect not to inform their manager or supervisor about the incident. Don't make this mistake. Though your injuries may seem minor now, it is impossible to predict how they may evolve (or what other issues may reveal themselves) as time passes. The best strategy is always to report the injury immediately, even if you don't have to file a workers' compensation claim at that time.

Your Boss Cannot Fire You For Filing For Workers' Compensation
Some employees refrain from filing for workers' compensation because they are afraid of the consequences, fearing that they may risk losing their position or facing other forms of retaliation from their boss/coworkers. However, it is important to realize your boss and coworkers are legally prohibited from taking such adverse actions. If you do suffer any of these adverse consequences, you will most likely have legal resources to defend your position.

Hiring A Workers' Compensation Attorney May Help You Get More Money
Workman's compensation is a type of insurance specifically designed to compensate employees who are injured at work through no fault of their own. Like all types of insurance, however, the providers are often reluctant to pay out large dividends to injured workers. Employees often find that the compensation they receive is rather minimal, if it is approved at all. For this reason, we encourage you to contact our workers' compensation attorney in Osage Beach if you should ever find yourself faced with a work-related injury. With an experienced attorney on your side, your chances of receiving adequate compensation will greatly increase.

If you are looking for a personal injury lawyer at the Lake of the Ozarks, we would love to talk with you. We generally represent all personal injury clients on a contingency fee basis, meaning that we do not charge for our services unless we win your case. This allows our clients to seek out the representation they need without stressing about covering their legal fees in addition to their medical ones. Visit our website or call our firm at 573-348-2211 to learn more about our personal injury services at the Lake of the Ozarks.




Your Trusted Legal Resource

Gibbons Law Firm
4075 Osage Beach Parkway, Suite 300
Osage Beach, MO 65065
(573) 348-2211

Follow us on...

No attorney-client relationship is created by the publication of this blog.