Brainardsville Child Custody Lawyer, New York

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Joseph Mucia
About | Practice Areas
The Law Office of Joe Mucia, PC
12 Wildwood Estates Plattsburgh, NY 12901» view map
Divorce & Family Law, Juvenile Law
Accurate & Diligent Representation

When you need accurate representation, whether it’s a divorce lawyer or criminal defense lawyer, Joseph Mucia is there for you.

800-856-4620
1. Joseph Mucia Plattsburgh, NY
  Attorney at Law - NY, 2012
  Albany Law School J.D. 2011
2. AboutThe Law Office of Joe Mucia, PC
  Accurate & Diligent Representation
3. Practice AreasExpertise
  Divorce & Family Law, Juvenile Law
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Includes: Guardianships & Conservatorships, Custody & Visitation

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LEGAL TERMS

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.

LEGAL CUSTODY

The right and obligation to make decisions about a child's upbringing, including schooling and medical care. Many states typically have both parents share legal... (more...)

The right and obligation to make decisions about a child's upbringing, including schooling and medical care. Many states typically have both parents share legal custody of a child. Compare physical custody.

DEFAULT DIVORCE

See uncontested divorce.

FOREIGN DIVORCE

A divorce obtained in a different state or country from the place where one spouse resides at the time of the divorce. As a general rule, foreign divorces are r... (more...)

A divorce obtained in a different state or country from the place where one spouse resides at the time of the divorce. As a general rule, foreign divorces are recognized as valid if the spouse requesting the divorce became a resident of the state or country granting the divorce, and if both parties consented to the jurisdiction of the foreign court. A foreign divorce obtained by one person without the consent of the other is normally not valid, unless the nonconsenting spouse later acts as if the foreign divorce were valid, for example, by remarrying.

MARRIAGE LICENSE

A document that authorizes a couple to get married, usually available from the county clerk's office in the state where the marriage will take place. Couples pa... (more...)

A document that authorizes a couple to get married, usually available from the county clerk's office in the state where the marriage will take place. Couples pay a small fee for a marriage license, and must often wait a few days before it is issued. In addition, a few states require a short waiting period--usually not more than a day--between the time the license is issued and the time the marriage may take place. And some states still require blood tests for couples before they will issue a marriage license, though most no longer do.

COMMUNITY PROPERTY

A method for defining the ownership of property acquired during marriage, in which all earnings during marriage and all property acquired with those earnings ar... (more...)

A method for defining the ownership of property acquired during marriage, in which all earnings during marriage and all property acquired with those earnings are considered community property and all debts incurred during marriage are community property debts. Community property laws exist in Arizona, California, Idaho, Nevada, New Mexico, Texas, Washington, and Wisconsin. Compare equitable distribution and separate property.

ACKNOWLEDGED FATHER

The biological father of a child born to an unmarried couple who has been established as the father either by his admission or by an agreement between him and t... (more...)

The biological father of a child born to an unmarried couple who has been established as the father either by his admission or by an agreement between him and the child's mother. An acknowledged father must pay child support.

ORDER TO SHOW CAUSE

An order from a judge that directs a party to come to court and convince the judge why she shouldn't grant an action proposed by the other side or by the judge ... (more...)

An order from a judge that directs a party to come to court and convince the judge why she shouldn't grant an action proposed by the other side or by the judge on her own (sua sponte). For example, in a divorce, at the request of one parent a judge might issue an order directing the other parent to appear in court on a particular date and time to show cause why the first parent should not be given sole physical custody of the children. Although it would seem that the person receiving an order to show cause is at a procedural disadvantage--she, after all, is the one who is told to come up with a convincing reason why the judge shouldn't order something--both sides normally have an equal chance to convince the judge to rule in their favor.

IRREMEDIABLE OR IRRETRIEVABLE BREAKDOWN

The situation that occurs in a marriage when one spouse refuses to live with the other and will not work toward reconciliation. In a number of states, irremedia... (more...)

The situation that occurs in a marriage when one spouse refuses to live with the other and will not work toward reconciliation. In a number of states, irremediable breakdown is the accepted ground for a no-fault divorce. As a practical matter, courts seldom, if ever, inquire into whether the marriage has actually broken down, and routinely grant a divorce as long as the party seeking the divorce says the marriage has fallen apart. Compare incompatibility; irreconcilable differences.

SAMPLE LEGAL CASES

MATTER OF GRANT v. Grant

... Turning to the issue of which parent should be granted sole custody, the "primary concern in any child custody case is the best interest of the child" (Matter of Goodfriend v Devletsah- Goodfriend, 29 AD3d 1041, 1042 [2006]; see Eschbach v Eschbach, 56 NY2d 167, 171 [1982]). ...

MATTER OF CARRASQUILLO v. Cora

... Any court in considering questions of child custody must make every effort to determine what is in the best interests of the child, and what will best promote the child's welfare and happiness (see Eschbach v Eschbach, 56 NY2d 167, 171 [1982]; Domestic Relations Law Â§ 70 [a ...

Moor v. Moor

... The principal concern in any child custody dispute is the best interests of the child (see Eschbach v Eschbach, 56 NY2d 167, 171 [1982]; Matter of Melissa K. v Brian K., 72 AD3d 1129, 1131 [2010]), to be determined "by reviewing such factors as `maintaining stability for the child ...

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Brainardsville Child Custody Lawyer, New York

Sponsored Law Firm

The Law Office of Joe Mucia, PC

SPONSORED LAWYERS

Richard F Hunter

Mark Anderson

Andrew D. Brockway

James William Clute

Aaron Turetsky

TIPS

LEGAL TERMS

FOSTER CHILD

LEGAL CUSTODY

DEFAULT DIVORCE

FOREIGN DIVORCE

MARRIAGE LICENSE

COMMUNITY PROPERTY

ACKNOWLEDGED FATHER

ORDER TO SHOW CAUSE

IRREMEDIABLE OR IRRETRIEVABLE BREAKDOWN

SAMPLE LEGAL CASES

MATTER OF GRANT v. Grant

MATTER OF CARRASQUILLO v. Cora

Moor v. Moor

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