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Edward McClenathan
About | Practice Areas
McClenathan Law Firm
4358 Culver Rd, Rochester, NY 14622» view map
Family Law
Going The Extra Mile

I am a seasoned attorney with over ten years and 500 family court cases to my credit. I'm proud to say that most clients single me out as an attorney who listens.

800-880-4920
1. Edward McClenathan Rochester, NY
  Attorney at Law - NY, 2008
  Union University J.D. 2007
2. AboutMcClenathan Law Firm
  Going The Extra Mile
3. Practice AreasExpertise
  Family Law
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Includes: Collaborative Law, Domestic Violence & Neglect, Paternity, Prenuptial Agreements

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

Camille Nichols

Child Custody, Family Law

Status: In Good Standing

CONTACT

Pavilion, NY 14525

Stephen Michael Kelley

Divorce, Family Law

Status: In Good Standing

CONTACT

106 Main Street, Mount Morris, NY 14510

Barry Christopher Balonek

Family Law, Constitutional Law, Corporate, Credit & Debt

Status: In Good Standing Licensed: 49 Years

CONTACT

38 Wilelen Rd, Rochester, NY 14624

Jennifer L. Fazio

Family Law

Status: In Good Standing Licensed: 30 Years

CONTACT

135 Corporate Woods, Rochester, NY 14623

Mary Elizabeth Feindt

Criminal, Family Law

Status: In Good Standing Licensed: 34 Years

CONTACT

Rochester, NY 14618

David Clifford Boysen

Family Law, Divorce, Custody & Visitation, Education

Status: In Good Standing Licensed: 57 Years

CONTACT

3750 Monroe Ave, Pittsford, NY 14534

800-923-0641

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LEGAL TERMS

ADOPT

(1) To assume the legal relationship of parent to another person's child. See also adoption. (2) To approve or accept something -- for example, a legislative bo... (more...)

(1) To assume the legal relationship of parent to another person's child. See also adoption. (2) To approve or accept something -- for example, a legislative body may adopt a law or an amendment, a government agency may adopt a regulation or a party to a lawsuit may adopt a particular argument.

MARITAL TERMINATION AGREEMENT

See divorce agreement.

GIFT TAXES

Federal taxes assessed on any gift, or combination of gifts, from one person to another that exceeds $12,000 in one year. Several kinds of gifts are exempt form... (more...)

Federal taxes assessed on any gift, or combination of gifts, from one person to another that exceeds $12,000 in one year. Several kinds of gifts are exempt form this tax: gifts to tax-exempt charities, gifts to your spouse (limited to $120,000 annually if the recipient isn't a U.S. citizen) and gifts made for tuition or medical bills. In addition to the annual gift tax exclusion, there is a $1 million cumulative tax exemption for gifts. In other words, you can give away a total of $1 million during your lifetime -- over and above the gifts you give using the annual exclusion -- without paying gift taxes.

SEPARATE PROPERTY

In community property states, property owned and controlled entirely by one spouse in a marriage. At divorce, separate property is not divided under the state's... (more...)

In community property states, property owned and controlled entirely by one spouse in a marriage. At divorce, separate property is not divided under the state's property division laws, but is kept by the spouse who owns it. Separate property includes all property that a spouse obtained before marriage, through inheritance or as a gift. It also includes any property that is traceable to separate property -- for example, cash from the sale of a vintage car owned by one spouse before marriage-and any property that the spouses agree is separate property. Compare community property and equitable distribution.

FOSTER CARE

Court-ordered care provided to children who are unable to live in their own homes, usually because their parents have abused or neglected them. Foster parents h... (more...)

Court-ordered care provided to children who are unable to live in their own homes, usually because their parents have abused or neglected them. Foster parents have a legal responsibility to care for their foster children, but do not have all the rights of a biological parent--for example, they may have limited rights to discipline the children, to raise them according to a certain religion or to authorize non-emergency medical procedures for them. The foster parents do not become the child's legal parents unless the biological parents' rights are terminated by a court and the foster parents adopt the child. This is not typically encouraged, as the goal of foster care is to provide temporary support for the children until they can be returned to their parents. See also foster child.

VISITATION RIGHTS

The right to see a child regularly, typically awarded by the court to the parent who does not have physical custody of the child. The court will deny visitation... (more...)

The right to see a child regularly, typically awarded by the court to the parent who does not have physical custody of the child. The court will deny visitation rights only if it decides that visitation would hurt the child so much that the parent should be kept away.

SEPARATION

A situation in which the partners in a married couple live apart. Spouses are said to be living apart if they no longer reside in the same dwelling, even though... (more...)

A situation in which the partners in a married couple live apart. Spouses are said to be living apart if they no longer reside in the same dwelling, even though they may continue their relationship. A legal separation results when the parties separate and a court rules on the division of property, such as alimony or child support -- but does not grant a divorce.

GUARDIAN AD LITEM

A person, not necessarily a lawyer, who is appointed by a court to represent and protect the interests of a child or an incapacitated adult during a lawsuit. Fo... (more...)

A person, not necessarily a lawyer, who is appointed by a court to represent and protect the interests of a child or an incapacitated adult during a lawsuit. For example, a guardian ad litem (GAL) may be appointed to represent the interests of a child whose parents are locked in a contentious battle for custody, or to protect a child's interests in a lawsuit where there are allegations of child abuse. The GAL may conduct interviews and investigations, make reports to the court and participate in court hearings or mediation sessions. Sometimes called court-appointed special advocates (CASAs).

NO-FAULT DIVORCE

Any divorce in which the spouse who wants to split up does not have to accuse the other of wrongdoing, but can simply state that the couple no longer gets along... (more...)

Any divorce in which the spouse who wants to split up does not have to accuse the other of wrongdoing, but can simply state that the couple no longer gets along. Until no-fault divorce arrived in the 1970s, the only way a person could get a divorce was to prove that the other spouse was at fault for the marriage not working. No-fault divorces are usually granted for reasons such as incompatibility, irreconcilable differences, or irretrievable or irremediable breakdown of the marriage. Also, some states allow incurable insanity as a basis for a no-fault divorce. Compare fault divorce.

SAMPLE LEGAL CASES

Chowdhury v. Rodriguez

... II. Labor Law Â§ 240 (1) and Â§ 241 (6). Labor Law Â§ 240 (1) and Â§ 241 (6) contain identical language exempting from the statutes "owners of one and two-family dwellings who contract for but do not direct or control the work" (compare Labor Law Â§ 240 [1] with Â§ 241 [6]). ...

MATTER OF SPENCER v. Spencer

... Under New York's version of UIFSA, "[a] tribunal of this state may not modify any aspect of a child support order that may not be modified under the law of the issuing state" (Family Ct Act Â§ 580-611 [c]). In Connecticut, a court may issue an order of support for a child who is under ...

Ortega v. Puccia

... The defendants argued that summary judgment was appropriate under the single-family homeowners' exemption of Labor Law Â§Â§ 240 and 241. ... Unlike Labor Law Â§Â§ 240 and 241, section 200 does not contain any single- and two-family homeowners' exemption. ...

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Retsof Family Law Lawyer, New York

Sponsored Law Firm

McClenathan Law Firm

SPONSORED LAWYERS

Jeannie D. Michalski

Camille Nichols

Stephen Michael Kelley

Barry Christopher Balonek

Jennifer L. Fazio

Mary Elizabeth Feindt

David Clifford Boysen

TIPS

LEGAL TERMS

ADOPT

MARITAL TERMINATION AGREEMENT

GIFT TAXES

SEPARATE PROPERTY

FOSTER CARE

VISITATION RIGHTS

SEPARATION

GUARDIAN AD LITEM

NO-FAULT DIVORCE

SAMPLE LEGAL CASES

Chowdhury v. Rodriguez

MATTER OF SPENCER v. Spencer

Ortega v. Puccia

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