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Barber Law

Louisville Kentucky Legal Blog

Kentucky Supreme Court: Louisville condo development can proceed

This month, the Kentucky Supreme Court said that it will not hear a long-disputed case involving a proposed condominium development in the Highlands area of Louisville. The case involved plans for a 15-story, 24-unit condominium in the upscale Cherokee Triangle area of the city overlooking Cherokee Park. Construction can now proceed.

Other property owners in the area, including the Cherokee Triangle Association, filed lawsuits against Kevin Cogan over his proposed Willow Grande development. They argued that the building, which will be the tallest in the area, will be detrimental to Cherokee Triangle's historic charm.

Are you concerned that your co-parent could kidnap your children?

Even in contentious divorces and child custody battles, most people don't believe their co-parent would take the extreme step of abducting their children. However, parental child abductions are more common than you might think. According to a report by the Polly Klaas Foundation, some three-quarters of missing child cases involve abduction by a relative -- and that relative is usually a parent.

Often, parents will take children across state lines. In some cases, however, they take them to another country where it may be more difficult to retrieve them from.

New Kentucky law helps promote shared parenting

This April, Kentucky Governor Matt Bevin signed a law passed earlier this year by state legislators that makes shared custody for divorced parents the norm. Under the law, which took effect last month, assuming that both parents are deemed to be fit, they will have the opportunity for equal time with their children and an equal role in making decisions that impact their children's lives.

The law presumes "that joint custody and equally shared parenting time is in the best interest of the child…." It also requires family law judges "to consider the motivation of adults involved when determining the best interest of the child for custody orders…[and] to allow a parent not granted custody or shared parenting time to petition for reasonable visitation rights."

Smart uses for your spousal support payments

Receiving spousal support payments is one of the most important parts of getting divorced. Many who receive these payments are under the impression that they will last forever. These payments are viewed as rehabilitative, which means they will come to an end at a specific date, usually once the recipient acquires new employment to help sustain themselves. Let's take a look at some smart uses for your spousal support payments.

First and foremost, it's important for you to have a place to live. Use these payments to make a security deposit on an apartment, pay the monthly rent, book a hotel room or even pay the mortgage. No matter your living situation, it's important that these payments are earmarked for shelter above anything else.

Figuring out negligence in a personal injury case

Obtaining legal compensation can play a major role in setting off the losses you suffer due to your injuries. However, to succeed in your claim, you will need to prove all the elements of your case, including negligence.

While negligence is a common term many people use in day-to-day speech, in a legal context, this word has a specific meaning. When a plaintiff claims the defendant acted negligently, he or she will have to prove the elements that add up to legal negligence rather than general carelessness.

How to prevent toxic exposure in Louisville

Toxic exposure is a dangerous situation that thousands of people find themselves in each year. This issue can crop up at home, at school, at work, in stores, restaurants and any other place that has chemicals on their premises. You need to do everything possible to avoid exposure to toxic chemicals in order to avoid being burned or sickened. Here are some tips for preventing toxic exposure.

Common sense says that you should keep all areas where chemicals are used well-ventilated. This means that doors and windows should be open. You might also want to activate a fan to help move the air around a bit. Working with chemicals in a closed room or basement can cause headaches, burning eyes and many other problems.

How can I make shared custody work?

The discussion of child custody is never an easy one when having it between you and your former spouse or other parent of your child. It can be an even more difficult discussion when you have it with your child. Explaining shared custody is never easy. Aside from talking about shared custody, you and the other parent need to find ways to make it work. So, how do you make shared custody work?

The most important tip for you to follow is that the custody situation has nothing to do with you or the other parent. It's all about the child and should remain that way until the child reaches adulthood. The minute you come to this realization, the easier it will be to make shared custody a success.

How to choose a power of attorney in Kentucky

Choosing a power of attorney is one of the most important decisions you will make when planning your estate. This is not something that should be done quickly or glazed over because you are putting your estate in someone else's hands. This person will be making decisions on your behalf should you become incapacitated or when you pass away. Here are some tips for choosing your power of attorney.

The person you choose to be your power of attorney needs to be someone you trust with your life. This person will be making decisions on your behalf at some point down the road. You want them to do what is best for you, especially if you are still alive but are incapacitated. You also want to know that they will follow all of the instructions listed in your estate documents.

Tips for resolving business disputes in Kentucky

Businesses all over Kentucky do everything possible to avoid getting into disputes with other businesses, employees, customers and other entities. As hard as these companies try, it's still possible to get involved in business disputes in Louisville. The most successful companies know how to resolve those issues before they become too much of a problem.

If your business finds itself in the middle of a dispute with an employee, customer or another business, it needs to defend itself immediately. You don't want to wait to figure out a defense plan as this could cause your company to suffer losses it could have otherwise avoided.

Federal agencies give us the lowdown on large truck crashes

The Federal Motor Carrier Safety Administration keeps close tabs on crashes involving large trucks and buses, and some of the information is surprising.

The U.S. Department of Transportation also weighs in on statistics for truck crashes in Kentucky, which result from a variety of causes.

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