Andes Adoption Lawyer, New York
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Evelyn Danielle Jose-Decker
Motor Vehicle, Child Support, Adoption, Divorce & Family Law
Status: In Good Standing *Status is reviewed annually. For latest information visit here Licensed: 25 Years
100 North Street, Monticello, NY 12701
Profile LAWPOINTS™24/100
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Jason M. Lesko
Child Support, Adoption, Criminal, Contract
Status: In Good Standing *Status is reviewed annually. For latest information visit here Licensed: 30 Years
Woodstock, NY 12498
Profile LAWPOINTS™29/100
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Rosemarie Richards
Bankruptcy, Family Law, Adoption, Real Estate
Status: In Good Standing *Status is reviewed annually. For latest information visit here Licensed: 24 Years
156 Coye Brook Rd, South New Berlin, NY 13843
Profile LAWPOINTS™22/100
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LEGAL TERMS
MARITAL PROPERTY
Most of the property accumulated by spouses during a marriage, called community property in some states. States differ as to exactly what is included in marital... (more...)
Most of the property accumulated by spouses during a marriage, called community property in some states. States differ as to exactly what is included in marital property; some states include all property and earnings dring the marriage, while others exclude gifts and inheritances.
DILUTION
A situation in which a famous trademark or service mark is used in a context in which the mark's reputation for quality is tarnished or its distinction is blurr... (more...)
A situation in which a famous trademark or service mark is used in a context in which the mark's reputation for quality is tarnished or its distinction is blurred. In this case, trademark infringement exists even though there is no likelihood of customer confusion, which is usually required in cases of trademark infringement. For example, the use of the word Candyland for a pornographic site on the Internet was ruled to dilute the reputation of the Candyland mark for the well-known children's game, even though the traditional basis for trademark infringement (probable customer confusion) wasn't an issue.
BRIEF
A document used to submit a legal contention or argument to a court. A brief typically sets out the facts of the case and a party's argument as to why she shoul... (more...)
A document used to submit a legal contention or argument to a court. A brief typically sets out the facts of the case and a party's argument as to why she should prevail. These arguments must be supported by legal authority and precedent, such as statutes, regulations and previous court decisions. Although it is usually possible to submit a brief to a trial court (called a trial brief), briefs are most commonly used as a central part of the appeal process (an appellate brief). But don't be fooled by the name -- briefs are usually anything but brief, as pointed out by writer Franz Kafka, who defined a lawyer as 'a person who writes a 10,000 word decision and calls it a brief.'
CUSTODY (OF A CHILD)
The legal authority to make decisions affecting a child's interests (legal custody) and the responsibility of taking care of the child (physical custody). When ... (more...)
The legal authority to make decisions affecting a child's interests (legal custody) and the responsibility of taking care of the child (physical custody). When parents separate or divorce, one of the hardest decisions they have to make is which parent will have custody. The most common arrangement is for one parent to have custody (both physical and legal) while the other parent has a right of visitation. But it is not uncommon for the parents to share legal custody, even though one parent has physical custody. The most uncommon arrangement is for the parents to share both legal and physical custody.
HEARING
In the trial court context, a legal proceeding (other than a full-scale trial) held before a judge. During a hearing, evidence and arguments are presented in an... (more...)
In the trial court context, a legal proceeding (other than a full-scale trial) held before a judge. During a hearing, evidence and arguments are presented in an effort to resolve a disputed factual or legal issue. Hearings typically, but by no means always, occur prior to trial when a party asks the judge to decide a specific issue--often on an interim basis--such as whether a temporary restraining order or preliminary injunction should be issued, or temporary child custody or child support awarded. In the administrative or agency law context, a hearing is usually a proceeding before an administrative hearing officer or judge representing an agency that has the power to regulate a particular field or oversee a governmental benefit program. For example, the Federal Aviation Board (FAB) has the authority to hold hearings on airline safety, and a state Worker's Compensation Appeals Board has the power to rule on the appeals of people whose applications for benefits have been denied.
ACCOMPANYING RELATIVE
An immediate family member of someone who immigrates to the United States. In most cases, a person who is eligible to receive some type of visa or green card ca... (more...)
An immediate family member of someone who immigrates to the United States. In most cases, a person who is eligible to receive some type of visa or green card can also obtain green cards or similar visas for accompanying relatives. Accompanying relatives include spouses and unmarried children under the age of 21.
COMPLAINT
Papers filed with a court clerk by the plaintiff to initiate a lawsuit by setting out facts and legal claims (usually called causes of action). In some states a... (more...)
Papers filed with a court clerk by the plaintiff to initiate a lawsuit by setting out facts and legal claims (usually called causes of action). In some states and in some types of legal actions, such as divorce, complaints are called petitions and the person filing is called the petitioner. To complete the initial stage of a lawsuit, the plaintiff's complaint must be served on the defendant, who then has the opportunity to respond by filing an answer. In practice, few lawyers prepare complaints from scratch. Instead they use -- and sometimes modify -- pre-drafted complaints widely available in form books.
CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT (COBRA)
A federal law requiring that employers offer employees -- and their spouses and dependents -- continuing insurance coverage if their work hours are cut or they ... (more...)
A federal law requiring that employers offer employees -- and their spouses and dependents -- continuing insurance coverage if their work hours are cut or they lose their job for any reason other than gross misconduct. Courts are still in the process of determining the meaning of gross misconduct, but it's clearly more serious than poor performance or judgment. COBRA also makes an ex-spouse and children eligible to receive group rate health insurance provided by the other ex-spouse's employer for three years following a divorce.
FOSTER CHILD
A child placed by a government agency or a court in the care of someone other than his or her natural parents. Foster children may be removed from their family ... (more...)
A child placed by a government agency or a court in the care of someone other than his or her natural parents. Foster children may be removed from their family home because of parental abuse or neglect. Occasionally, parents voluntarily place their children in foster care. See foster care.
SAMPLE LEGAL CASES
MATTER OF ADOPTION OF DOE
LMB, ERJ's then boyfriend, also met John Doe in Cambodia, in July 2003. The child suffered
from a heart ailment that could not be properly treated in Cambodia, and in late August or early
September 2003 he was brought to New York on a six-month visa (later extended for ...
Matter of Sebastian
25 Misc.3d 567 (2009). 879 NYS2d 677. In the Matter of the Adoption of SEBASTIAN, an Infant.
Surrogate's Court, New York County. Decided April 9, 2009. ... II. Adoption. Adoption has been
generally described as follows: Adoptive families are the product of law, not blood. ...
Matter of Sharissa G.
... The appellant's contention that the petitions were facially insufficient and did not sufficiently apprise
him that the petitioner was seeking to dispense with his consent to the adoption of the subject
children is without merit (see Matter of Kimberly Vanessa J., 37 AD3d 185, 186 ...
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