Transportation

Transportation law governs the transportation system in the United States, including motor cycles, motor vehicles, trucks, railways, helicopters, and airplanes, and the infrastructure that supports the transportation system. Transportation law governs the mode of transportation and the transportation industry. It is an area of law that encompasses numerous other areas of law, such as trade law.

Transportation law is comprised of federal and state legislation. Transportation, however, is within the authority of the U.S. Congress by virtue of its mandate to regulate interstate and foreign commerce. The U.S. Department of Transportation is the primary federal agency that sets policies the American transportation system. Rules and regulation The Federal Aviation Administration governs the aviation industry. Policies from the FAA range from protecting flyers, cargo in air crafts, air traffic, airport and air carrier maintenance, pilots' and flight attendants' labor issues, and ticketing issues. The Federal Railroad Administration governs the railway industry. In the United States, railroads are used more for transporting goods, usually gas and oil, rather than people, and the FRA issues policies that focus on the safety of railroads to avoid fatal derailments. The National Transportation Safety Board also provides guidelines and investigates mass transit accidents. States pass their own rules and regulations regarding transportation that are in line with federal rules and regulations and create administrative agencies in concerted efforts with the federal government to ensure safety in the transportation system. The Occupational Safety and Health Administration governs longshoring and maritime industry safety and health standards. Other workers' law ensure that workers in the transportation industry are granted the same benefits.

Transportation law ranges from compliance to manufacturing standards, licensing and registration vehicles, and regulation of cargo in both land and air travel. The bulk of the work of transportation law attorneys lies in making sure companies are in compliance with regulations as non-compliance will result to penalties. With respect to companies providing transportation services, they are required that their vehicles adhere to standards imposed by the law and the vehicles are well maintained so that no untowardly accidents will happen while the vehicle is in transit. Accidents relating to the transportation of goods, especially when the commodity is hazardous or dangerous, is not uncommon. An accident involving a train carrying crude oil in July 2013 wiped out a portion of a town in Quebec, killed more than 40 people, resulted to numerous lawsuits, filed by the victims against possible responsible parties, and possible responsible parties against each other and against government agencies. The fatal train derailment pushed the railway company to bankruptcy. It is this kind of situations that companies aim to avoid, such that they retain transportation law attorneys to, foremost, ensure they are in compliance with the law, and defend them at the time when accidents happen.

Transportation by land and air is the most common mode of transportation in the United States. Making sure roads are safe and companies are in compliance with the law ensures that transportation will continue to contribute to the economic development of the country.

Areas of Law

Child Support And Custody Law - Legal Information and Resources

Child Support And Custody

Child custody is often an aftereffect of divorce and is often part andparcel of divorce law. Accordingly, the court which has jurisdictionover a divorce proceeding also has jurisdiction over child custody disputes. Child custody disputes, however, do not just arise whenmarried parents seek divorce. Child custody disputes also arise when(i) unmarried parents cannot agree as to who will take responsiblefor their minor child, (ii) a parent or a legal guardian is found tobe incapable of providing for and making decisions for the minorchild, or (iii) when the parent or both parents or legal guardian isdeceased. Child custody is also not just limited to biological oradoptive parents, but can also be awarded to family members, fosterparents or an institution.

In the case of married couples, under common statutory provisions,parents have joint guardianship over their minor child, their parental rights are equal, and, when they separate, parents retaintheir equal right to the custody of the child. In all cases of childcustody, the courts' foremost consideration is the child's "bestinterests." This means, courts must take into consideration, foremost, the child's wishes, the parents' wishes, the child's relationship with the parents, guardian, or siblings, and the child's education, welfare, and health.

State laws generally govern child custody cases. The general rule is that child custody should be awarded to a parent rather than a non-parent.The presumption of law in child custody differs from one state to another, however, most states presume that both parents should have joint custody over their minor child.

There are different types of custody that the courts can choose from. In the case of married parents, while divorce or separation proceedings are ongoing, the court may grant temporary custody to an individual. Following divorce proceedings, the court may grant joint custody where both parents enjoy equal rights in rearing their minor child if the court finds that both parents are capable of responsibly providing for the child.

The court may also grant exclusive custody to one parent and grant theother parent non-custodial rights. In exclusive custody, the non-custodial parent may be awarded supervision rights and visitation rights. Seeking exclusive custody of a child is common in divorce proceedings. The parent suing for exclusive child custody must overthrow the presumption that joint custody is in the best interest of the child. In cases where the marriage produced multiple children,courts can award each parent custody to a particular child in accordance with the best interests of the specific child. In instances where both parents are unfit, or when both parents are deceased, the court may award custody to a grandparent or a closerelative.

One of the issues that would arise in child custody cases is when the custodial parent seeks to deny the non-custodial parent visitation rights or when the non-custodial parent, having been denied ofvisitation rights, attempts to violate the court's decree.

Determining who has custody over a child will involve complex andemotionally-draining litigation. Child custody cases, in streetspeak, are often referred to as "battles," and battles the yare. Expert child custody attorneys help parents and guardians protect their rights and that of their child's and win the battle the least heartbreaking way.

Areas of Law