Richburg Family Law Lawyer, New York
Includes: Collaborative Law, Domestic Violence & Neglect, Paternity, Prenuptial Agreements
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Mark Stephen Williams
Family Law, Criminal
Status: In Good Standing *Status is reviewed annually. For latest information visit here Licensed: 45 Years
Hinsdale, NY 14743
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Dana James Carl Fogle
Traffic, Family Law, Child Custody, Divorce & Family Law
Status: In Good Standing *Status is reviewed annually. For latest information visit here Licensed: 15 Years
175 N Union St, Olean, NY 14760
Profile LAWPOINTS™24/100
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LEGAL TERMS
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.
STIRPES
A term used in wills that refers to descendants of a common ancestor or branch of a family.
ADOPTED CHILD
Any person, whether an adult or a minor, who is legally adopted as the child of another in a court proceeding. See adoption.
PATERNITY SUIT
A lawsuit to determine the identity of the father of a child born outside of marriage, and to provide for the support of the child once the identity of the fath... (more...)
A lawsuit to determine the identity of the father of a child born outside of marriage, and to provide for the support of the child once the identity of the father has been determined.
CHILD SUPPORT
The entitlement of all children to be supported by their parents until the children reach the age of majority or become emancipated -- usually by marriage, by e... (more...)
The entitlement of all children to be supported by their parents until the children reach the age of majority or become emancipated -- usually by marriage, by entry into the armed forces or by living independently. Many states also impose child support obligations on parents for a year or two beyond this point if the child is a full-time student. If the parents are living separately, they each must still support the children. Typically, the parent who has custody meets his or her support obligation through taking care of the child every day, while the other parent must make payments to the custodial parent on behalf of the child -- usually cash but sometimes other kinds of contributions. When parents divorce, the court almost always orders the non-custodial parent to pay the custodial parent an amount of child support fixed by state law. Sometimes, however, if the parents share physical custody more or less equally, the court will order the higher-income parent to make payments to the lower-income parent.
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.
CRUELTY
Any act of inflicting unnecessary emotional or physical pain. Cruelty or mental cruelty is the most frequently used fault ground for divorce because as a practi... (more...)
Any act of inflicting unnecessary emotional or physical pain. Cruelty or mental cruelty is the most frequently used fault ground for divorce because as a practical matter, courts will accept minor wrongs or disagreements as sufficient evidence of cruelty to justify the divorce.
FAMILY COURT
A separate court, or more likely a separate division of the regular state trial court, that considers only cases involving divorce (dissolution of marriage), ch... (more...)
A separate court, or more likely a separate division of the regular state trial court, that considers only cases involving divorce (dissolution of marriage), child custody and support, guardianship, adoption, and other cases having to do with family-related issues, including the issuance of restraining orders in domestic violence cases.
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 § 240 (1) and § 241 (6). Labor Law § 240 (1) and § 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 § 240 [1] with § 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 §
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 §§ 240 and 241. ... Unlike Labor Law §§ 240 and 241, section
200 does not contain any single- and two-family homeowners' exemption. ...
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