Byron Child Support Lawyer, New York
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CONTACT 36 West Main Street, Rochester, NY 14614
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Jeannie D. Michalski
Collaborative Law, Family Law, Child Support, Constitutional Law
Status: In Good Standing
FREE CONSULTATION 
CONTACT Executive Square, 95 Allens Creek Road, Building Two, Rochester, NY 14618
Profile LAWPOINTS™49/100
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Kristine M. Demo-Vazquez
Farms, Child Support, Adoption, Criminal
Status: In Good Standing Licensed: 21 Years
3081 E Henrietta Rd, Henrietta, NY 14467
Profile LAWPOINTS™38/100
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LEGAL TERMS
BEST INTERESTS (OF THE CHILD)
The test that courts use when deciding who will take care of a child. For instance, an adoption is allowed only when a court declares it to be in the best inter... (more...)
The test that courts use when deciding who will take care of a child. For instance, an adoption is allowed only when a court declares it to be in the best interests of the child. Similarly, when asked to decide on custody issues in a divorce case, the judge will base his or her decision on the child's best interests. And the same test is used when judges decide whether a child should be removed from a parent's home because of neglect or abuse. Factors considered by the court in deciding the best interests of a child include: age and sex of the child mental and physical health of the child mental and physical health of the parents lifestyle and other social factors of the parents emotional ties between the parents and the child ability of the parents to provide the child with food, shelter, clothing and medical care established living pattern for the child concerning school, home, community and religious institution quality of schooling, and the child's preference.
INCURABLE INSANITY
A legal reason for obtaining either a fault divorce or a no-fault divorce. It is rarely used, however, because of the difficulty of proving both the insanity of... (more...)
A legal reason for obtaining either a fault divorce or a no-fault divorce. It is rarely used, however, because of the difficulty of proving both the insanity of the spouse being divorced and that the insanity is incurable.
LAWFUL ISSUE
Formerly, statutes governing wills used this phrase to specify children born to married parents, and to exclude those born out of wedlock. Now, the phrase means... (more...)
Formerly, statutes governing wills used this phrase to specify children born to married parents, and to exclude those born out of wedlock. Now, the phrase means the same as issue and 'lineal descendant.'
ADOPTIVE PARENT
A person who completes all the requirements to legally adopt a child who is not his or her biological child. Generally, any single or married adult who is deter... (more...)
A person who completes all the requirements to legally adopt a child who is not his or her biological child. Generally, any single or married adult who is determined to be a 'fit parent' may adopt a child. Some states have special requirements, such as age or residency criteria. An adoptive parent has all the responsibilities of a biological parent.
ANNULMENT
A court procedure that dissolves a marriage and treats it as if it never happened. Annulments are rare since the advent of no-fault divorce but may be obtained ... (more...)
A court procedure that dissolves a marriage and treats it as if it never happened. Annulments are rare since the advent of no-fault divorce but may be obtained in most states for one of the following reasons: misrepresentation, concealment (for example, of an addiction or criminal record), misunderstanding and refusal to consummate the marriage.
NEXT FRIEND
A person, usually a relative, who appears in court on behalf of a minor or incompetent plaintiff, but who is not a party to the lawsuit. For example, children a... (more...)
A person, usually a relative, who appears in court on behalf of a minor or incompetent plaintiff, but who is not a party to the lawsuit. For example, children are often represented in court by their parents as 'next friends.'
ABANDONMENT (OF A CHILD)
A parent's failure to provide any financial assistance to or communicate with his or her child over a period of time. When this happens, a court may deem the ch... (more...)
A parent's failure to provide any financial assistance to or communicate with his or her child over a period of time. When this happens, a court may deem the child abandoned by that parent and order that person's parental rights terminated. Abandonment also describes situations in which a child is physically abandoned -- for example, left on a doorstep, delivered to a hospital or put in a trash can. Physically abandoned children are usually placed in orphanages and made available for adoption.
MARRIAGE CERTIFICATE
A document that provides proof of a marriage, typically issued to the newlyweds a few weeks after they file for the certificate in a county office. Most states ... (more...)
A document that provides proof of a marriage, typically issued to the newlyweds a few weeks after they file for the certificate in a county office. Most states require both spouses, the person who officiated the marriage and one or two witnesses to sign the marriage certificate; often this is done just after the ceremony.
ATTRACTIVE NUISANCE
Something on a piece of property that attracts children but also endangers their safety. For example, unfenced swimming pools, open pits, farm equipment and aba... (more...)
Something on a piece of property that attracts children but also endangers their safety. For example, unfenced swimming pools, open pits, farm equipment and abandoned refrigerators have all qualified as attractive nuisances.
SAMPLE LEGAL CASES
MATTER OF SPENCER v. Spencer
... When a Connecticut child support order has expired because the child has reached 18 (the age
of majority under Connecticut law), is a subsequent New York child support order for support
of the same child to age 21 (the age of majority under New York law) a new order or a ...
Higgins v. Higgins
... he made on a loan against his Ford Motor Company Savings Plan, (3) awarding the defendant
a credit for payments of the mortgage, taxes, homeowner's insurance, and other expenses
connected with the marital residence, (4) awarding the plaintiff child support, (5) fixing child ...
Beth R. v. Donna M.
... However, parallel to that developing case law has been the continued use of equitable estoppel
as a defense where a person, typically a nonbiological father, seeks to avoid child support
obligations or the biological father belatedly seeks recognition of his parental rights. ...
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