Delevan Child Custody Lawyer, New York


Includes: Guardianships & Conservatorships, Custody & Visitation

Jonathan B. Wile

Education, Child Custody, Criminal, Bankruptcy
Status:  In Good Standing           Licensed:  35 Years

Janet Lynn Bensman

Social Security, Estate, Child Custody, Disability, Special Education
Status:  In Good Standing           Licensed:  40 Years

Daniel Jason Schuller

Divorce, Child Custody, DUI-DWI, Medical Malpractice
Status:  In Good Standing           Licensed:  14 Years

Daniel Joseph Chiacchia

Real Estate, Immigration, Divorce, Child Custody
Status:  In Good Standing           Licensed:  36 Years

Leonard D. Zaccagnino

Real Estate, Child Custody, Divorce & Family Law, Criminal
Status:  In Good Standing           Licensed:  41 Years

Erin Marie Brady Swenson

Child Custody
Status:  In Good Standing           Licensed:  27 Years

Catherine Eleanore Nagel

Estate, Child Custody, Divorce & Family Law, Civil & Human Rights
Status:  In Good Standing           Licensed:  26 Years

Jane Ellen Monaghan

Foreclosure, Immigration, Social Security, Child Custody
Status:  In Good Standing           Licensed:  28 Years

Fares Ahmad Rumi

Landlord-Tenant, Divorce, Child Custody, Criminal
Status:  In Good Standing           Licensed:  21 Years

Jay William Ricketts

Commercial Real Estate, Estate Planning, Family Law, Child Custody
Status:  In Good Standing           Licensed:  53 Years

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LEGAL TERMS

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.

TENANCY BY THE ENTIRETY

A special kind of property ownership that's only for married couples. Both spouses have the right to enjoy the entire property, and when one spouse dies, the su... (more...)
A special kind of property ownership that's only for married couples. Both spouses have the right to enjoy the entire property, and when one spouse dies, the surviving spouse gets title to the property (called a right of survivorship). It is similar to joint tenancy, but it is available in only about half the states.

PREMARITAL AGREEMENT

An agreement made by a couple before marriage that controls certain aspects of their relationship, usually the management and ownership of property, and sometim... (more...)
An agreement made by a couple before marriage that controls certain aspects of their relationship, usually the management and ownership of property, and sometimes whether alimony will be paid if the couple later divorces. Courts usually honor premarital agreements unless one person shows that the agreement was likely to promote divorce, was written with the intention of divorcing or was entered into unfairly. A premarital agreement may also be known as a 'prenuptial agreement.'

CHILD

(1) A son or daughter of any age, sometimes including biological offspring, unborn children, adopted children, stepchildren, foster children and children born o... (more...)
(1) A son or daughter of any age, sometimes including biological offspring, unborn children, adopted children, stepchildren, foster children and children born outside of marriage. (2) A person under an age specified by law, often 14 or 16. For example, state law may require a person to be over the age of 14 to make a valid will, or may define the crime of statutory rape as sex with a person under the age of 16. In this sense, a child can be distinguished from a minor, who is a person under the age of 18 in most states. A person below the specified legal age who is married is often considered an adult rather than a child. See also emancipation.

CASE

A term that most often refers to a lawsuit -- for example, 'I filed my small claims case.' 'Case' also refers to a written decision by a judge -- or for an appe... (more...)
A term that most often refers to a lawsuit -- for example, 'I filed my small claims case.' 'Case' also refers to a written decision by a judge -- or for an appellate case, a panel of judges. For example, the U.S. Supreme Court's decision legalizing abortion is commonly referred to as the Roe v. Wade case. Finally, the term also describes the evidence a party submits in support of her position -- for example, 'I have made my case' or ''My case-in-chief' has been completed.'

GUARDIAN OF THE ESTATE

Someone appointed by a court to care for the property of a minor child that is not supervised by an adult under some other legal method, such as a trust. A guar... (more...)
Someone appointed by a court to care for the property of a minor child that is not supervised by an adult under some other legal method, such as a trust. A guardian of the estate may also be called a 'property guardian' or 'financial guardian.' See also guardian.

TEMPORARY RESTRAINING ORDER (TRO)

An order that tells one person to stop harassing or harming another, issued after the aggrieved party appears before a judge. Once the TRO is issued, the court ... (more...)
An order that tells one person to stop harassing or harming another, issued after the aggrieved party appears before a judge. Once the TRO is issued, the court holds a second hearing where the other side can tell his story and the court can decide whether to make the TRO permanent by issuing an injunction. Although a TRO will often not stop an enraged spouse from acting violently, the police are more willing to intervene if the abused spouse has a TRO.

INJUNCTION

A court decision that is intended to prevent harm--often irreparable harm--as distinguished from most court decisions, which are designed to provide a remedy fo... (more...)
A court decision that is intended to prevent harm--often irreparable harm--as distinguished from most court decisions, which are designed to provide a remedy for harm that has already occurred. Injunctions are orders that one side refrain from or stop certain actions, such as an order that an abusive spouse stay away from the other spouse or that a logging company not cut down first-growth trees. Injunctions can be temporary, pending a consideration of the issue later at trial (these are called interlocutory decrees or preliminary injunctions). Judges can also issue permanent injunctions at the end of trials, in which a party may be permanently prohibited from engaging in some conduct--for example, infringing a copyright or trademark or making use of illegally obtained trade secrets. Although most injunctions order a party not to do something, occasionally a court will issue a 'mandatory injunction' to order a party to carry out a positive act--for example, return stolen computer code.

FAMILY AND MEDICAL LEAVE ACT (FMLA)

A federal law that requires employers to provide an employee with 12 weeks of unpaid leave during a year's time for the birth or adoption of a child, family hea... (more...)
A federal law that requires employers to provide an employee with 12 weeks of unpaid leave during a year's time for the birth or adoption of a child, family health needs or personal illness. The employer must allow the employee to return to the same position or a position similar to that held before taking the leave. There are exceptions to the FMLA: the most notable is that only employers with 50 or more employees are covered--about half the workforce.

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 § 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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