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Child Custody- When can children decide with whom they want to live?

Gainesville Child Custody Attorney

The short answer in Florida is–not until they are an adult.  It is a common misapprehension of the law that when a child turns 13 he or she can choose which parent they wish to live with. This is not true in Florida.

Although, the child’s preference where he or she wants to live may play a small part in a custody determination, children are not allowed to choose where they want to live until they turn 18. Up until that point, the court may consider their preference but can give it as much or as little weight as the court chooses depending on how mature the court feels the child is, how competent the child is to testify, and why the child prefers to live with one parent over the other.

In some instances, where all other things between the parents are equal in terms of suitability to have the child reside with them, the court may follow the child’s wishes. However, in almost all instances this is not the case and instead the child’s preference is just one of many factors for the court to consider in determining what timesharing arrangement is in the best interest of the child. Once they become legal adults, they can choose but not until then.

If you have the need for assistance with a child custody issue, contact our experienced child custody attorneys.

12 Year Old Bronson Boy Killed in Another Tragic Bicycle Accident

Gainesville Bicycle Accident Attorney

A Bronson boy who was hit by a car while riding his bicycle died on Tuesday.  Keanu Becker, 12, was riding his bicycle when he was hit and thrown from his bicycle by a driver who claimed the sun was in her eyes.  He was riding his bicycle on 108th Lane in Levy County when hit from behind and shoved onto the shoulder of the roadway, according to a Florida Highway Patrol report.

Injuries and even deaths from bicycle accidents have become very frequent in Gainesville and the surrounding area recently.  However, the death of a young man who was just getting started in life and from all reports was well liked is particularly striking.

 

Another accident on I-75 in Gainesville closes Highway

Gainesville Auto Accident Attorney

Six people were injured, at least one seriously, in a crash on Interstate 75 south in Gainesville on Sunday night.  A a result, two of three lanes were closed for about an hour and a half, the Florida Highway Patrol said.

A sport utility vehicle in the center lane veered to the right and struck  a pickup truck.   The SUV then swerved back to the left, causing the vehicle to overturn, according to an FHP news release.

The injured were taken to both Shands at the University of Florida and North Florida Regional Medical Center.

If you are unfortunate enough to be injured in a collision on  I-75 you should contact the accident attorneys at the Law Office of Alba & Dubose right away to recover the compensation you deserve.  Gil Alba and J. Mark Dubose have over 30 years of experience representing the injured and their families.  Put that experience to work for you.

Franck’s Lab Product Suspected of Causing Eye Infections

Florida Personal Injury and Products Liability Lawyer

According to a report from the Centers for Disease Control and Prevention recently issued,  doctors should not  use any sterile products produced by Ocala Florida’s Franck’s Compounding Lab after two eye products made by the company are suspected in causing at least 33 cases of fungal eye infections.

Franck’s has issued recalls of the products.  But because the CDC said the root cause of the contamination was not known and the infections have been so serious causing vision loss, the federal agency issued the warning to avoid any product labeled sterile from Franck’s.

Although the investigation is ongoing, Franck’s continues to compound sterile products.

It is not the first time Frank’s products have been alleged to harm those they were meant to help.  In 2009, Franck’s  improperly mixed a supplement for 21 polo horses that contained far more selenium than required. The horses all died.

In March the California Department of Public Health was notified of nine cases of fungal eye infections from one surgical center.  All  involved patients who had undergone eye surgery and to whom the Franck’s-produced Brilliant Blue-G dye was administered. Almost immediately,  Franck’s recalled all of its Brilliant Blue-G dye, according to its website.  The dye is used by surgeons to highlight internal features of the eye during surgery.

More cases were discovered and included products containing the corticosteroid triamcinolone acetonide.  On March 29, Franck’s also recalled two lots of that preparation. The company website said the recall affected nine physicians and 13 prescriptions, and all the product was identified.

CDC tests confirmed the presence of several bacterial and fungal contaminants in sealed bottles and syringes of the dye.

The fungi that caused the infections are common, but the type of infections seen in the outbreak are very rare. Once introduced into the eye fluid, the fungi blooms and causes infection which can damage vision.

Of the 33 cases identified, 23 of the patients suffered partial to severe vision loss and 24 required additional eye surgery, according to the CDC report.

Contact our experienced personal injury and products liability attorneys if you would like to discuss your potential claims for injury resulting from a defective product.

Relocation with a Child in Florida

Gainesville Child Custody Attorney

Florida’s Relocation Statute

If you are  the parent with the majority of the parenting time of a minor child and you wish to relocate it is very important that you contact an attorney.  You must ensure that you have taken the appropriate steps before you relocate.  The Statute that governs relocation is Florida Statute 61.13001.  On the other hand, if you are the non-residential parent of a child and you have just been informed that your former spouse or child’s other parent plans to relocate with your child, you should contact an attorney to help you file your timely objection. Failure to timely object to relocation may have a devastating effect on your future relationship with your child.

Whether you are looking to relocate or your spouse is looking to relocate with your child(ren), it is imperative that you  follow the law.

THE PROCEDURE:

1.  Petition:  The statute requires the custodial parent to file  a Petition if there is to be a change in the principal residence of the child of more than 50 miles from the child’s residence at the time of the entry of the last custody or visitation order or the time the request is made.  The change of residence must be for a period of 60 days or more and does not include temporary absences for vacation, education or health-care for the child.

The Petition must be in writing, filed with the court and served upon the other parent, be signed under oath and include a specific address and telephone number for the new residence, the date of the intended move, specific reasons for the move and, if one of the reasons is a job offer, a copy of the written job offer if it exists. The Petition must also include a proposed post relocation schedule of visitation and a notice that an objection to the intent to relocate must be filed as a response to the Petition within 20 days and served on the relocating parent.

2. Objection to the Petition: The objection shall be in the form of a response to the Petition, be verified and state a specific factual basis and shall include a statement of the amount of participation the objecting party currently has in the life of the child.

3. What happens if you relocate without first filing a Petition or if you relocate anyway after the other parent objects?  You become subject to sanctions in any subsequent relocation proceeding or modification of custody proceeding. The other party may request temporary or permanent return of the child, as well as attorney’s fees, costs and travel expenses.

Obviously, failing to follow the proper procedure in a relocation situation could have serious consequences.  If you are considering relocation or the other parent of your child is considering it, contact the child custody attorneys of Alba & Dubose to protect your rights.

Man Killed in Collision on Moped

Gainesville Moped Accident Attorney

A Gainesville man was killed and a woman critically injured Thursday when the moped they were on was rear-ended in southeast Alachua County.  Neither was wearing a helmet.

The driver of a Mustang said she didn’t see the moped, which was traveling at a slower speed, according to Florida Highway Patrol. The car hit the moped from the rear, throwing the driver and passenger off the bike.

If you or a loved on has been injured in an accident involving a moped, contact the experienced moped accident attorneys at Alba & Dubose PA.

Dedicated Oncology nurse practitioner killed in head-on collision

Gainesville Auto Accident Attorney

A Newberry woman on her way to work died in a three-vehicle crash on Archer Road early Friday morning.

Phyllis Kelley Pumphrey, 54, a long-time and well respected oncology nurse practitioner at UF at Shands, was killed as she traveled westbound in a 2002 Volvo S90.  A Kia Sorento coming from the other direction crossed the center line and struck Ms. Pumphrey’s  car, according to a Florida Highway Patrol media release.

The Kia then spun around and struck another vehicle traveling behind the Volvo.

The crash occurred at about 6:45 a.m. on Archer Road a quarter mile east of Southwest 122nd Street otherwise know as Parker Road.

Friends, co-workers and patients all were shocked by her tragic death and an outpouring of wishes for her family from all were quickly posted on various websites.   Patients and their families were particularly poignant in their description of her compassion and professionalism in dealing with patients of all ages and from all walks of life who are being treated for conditions that are very often terminal.

String of Motorcycle Accidents occurs

GAINESVILLE MOTORCYCLE ACCIDENT ATTORNEY

A string of motorcycle accidents resulting in injuries and, in at least one instance, death continues in the Gainesville area.  Often automobile drivers look past the motorcyclist because it’s a smaller object on the road and they never see the motorcyclist.

A Summerfield man was killed in an early morning accident Thursday in Williston.  Apparently, he was wearing a helmet, was thrown from the 2008 Suzuki he was riding and died following the collision when a truck attempted to make a left hand turn in front of him.

In a similiar fatal accident Monday near Ocala, another vehicle turned left in front of a motorcycle killing the motorcyclist.  Also on Thursday, a 23-year-old  student was critically injured in a motorcycle crash.   He apparently lost control of the motorcycle and ran head-on into a palm tree.

Accidents caused by drivers of automobiles turning left into the path of a motorcyclist are a common cause of crashes between the two types of vehicles.

If you have been injured in a motorcycle accident, put the experienced attorneys at Alba & Dubose PA to work for you.

Worst Alachua County Intersections for Accident and Injuries

Crash data reveals the worst intersections in Alachua County for accidents, injuries and accidents by traffic volume.

Northwest 34th Street and Northwest 39th Avenue ranked as the worst intersection in the county.  Crash reports showed that from January1, 2007 to December 31, 2009 there were 72 crashes with 26 injuries at the intersection.

The remaining top 10, starting with the second most dangerous, were:

  1.   Southwest Archer Road and the north Interstate 75 on and off ramps.
  2.  Southwest Archer Road and Southwest 37th Boulevard.
  3.  West University Avenue and Northwest 22nd Street.
  4.  Southwest 20th Avenue and Southwest 62nd Boulevard/Southwest 52nd Street.
  5.  Southwest 16th Avenue and Southwest 13th Street.
  6. Southwest 34th Street and Southwest 20th Avenue.
  7.  Southwest 13th Street and Southwest Williston Road.
  8.  Southwest Archer Road and the south I-75 on and off ramps.
  9.  Southwest 40th Boulevard and Southwest Archer Road.
  10.  Newberry Road and Northwest 75th Street.

The last three intersections tied at ninth.

A more detailed analysis was performed of the intersections at Northwest 34th Street and Northwest 39th Avenue, West University Avenue and Northwest 22nd Street, Southwest 34th Street and Southwest 20th Avenue, Southwest 13th Street and Southwest Williston Road, and Newberry Road and Northwest 75th Street.

Most of the accidents at these intersections occurred during high congestion times and were rear-end or angle type collisions.

For example, at the intersection of Northwest 34th Street and Northwest 39th Avenue, rear-end crashes accounted for 54 percent of accidents, with angle collisions taking place in 32 percent of wrecks.  Most of the accidents there occurred on weekdays from 8 a.m. to 9 a.m. or 6 p.m. to 7 p.m.

If you or a loved one have been injured in an accident at any of these intersections, contact the experienced auto accident attorneys at the Alba & Dubose PA.  Put their experience helping the injured to work for you.

Deadly Bus Accidents: Prior inspections fail to notice defects

Gainesville Auto and Bus Accident Attorney

A state-certified vehicle inspection station was cited by federal authorities for failing to notice defects in a bus that crashed, killing 17 passengers.  However, the inspection station simply moved and continued to operate with state approval.  The situation highlights the lack of oversight for the businesses that perform state inspections of buses and other large commercial vehicles.

Records examined by The Associated Press show that three of the deadliest bus crashes in recent years raised questions about the commercial vehicle inspection programs in Texas, Illinois and Mississippi and prompted calls from the National Transportation Safety Board for better oversight. Forty people died in those wrecks, yet the agency to which the recommendations were directed, the Federal Motor Carrier Safety Administration, has refused to act.

The inaction has rankled safety advocates, who believe government regulators aren’t attentive to the needs of bus travelers.  Federal regulations require that commercial vehicles be inspected annually. However, those inspections can be conducted by state personnel, private garages or even the companies operating the vehicles.

More than half the states have no prescribed inspection requirements.  Instead, it is up to the motor carriers themselves.

Documents recently obtained by the AP shed new light on the crash in the North Texas city of Sherman, one of the worst in U.S. history.  NTSB investigators determined that a blown tire caused the bus to careen off the highway. But they also found evidence calling into question the inspection conducted  eight days earlier.  The NTSB reported evidence indicating  a retread tire illegally affixed to the front axle and grease contamination in one of the brakes.

If you or a loved one have been injured in an accident involving a bus, contact the experienced accident attorneys at Alba & Dubose PA to recover the compensation you deserve.

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