Bradford Family Law Lawyer, New York
Includes: Collaborative Law, Domestic Violence & Neglect, Paternity, Prenuptial Agreements
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9 W 1st St, Corning, NY 14830
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315 Lake St, Elmira, NY 14901
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Easily find Bradford Family Law Lawyers and Bradford Family Law Firms. For more attorneys, search all Divorce & Family Law areas including Adoption, Child Custody, Child Support and Divorce attorneys.
LEGAL TERMS
DEPENDENTS BENEFITS
A type of Social Security benefit available to spouses and minor or disabled children of retired or disabled workers who qualify for either retirement or disabi... (more...)
A type of Social Security benefit available to spouses and minor or disabled children of retired or disabled workers who qualify for either retirement or disability benefits under the program's rigorous qualification guidelines.
COMMON LAW MARRIAGE
In some states, a type of marriage in which couples can become legally married by living together for a long period of time, representing themselves as a marrie... (more...)
In some states, a type of marriage in which couples can become legally married by living together for a long period of time, representing themselves as a married couple and intending to be married. Contrary to popular belief, the couple must intend to be married and act as though they are for a common law marriage to take effect -- merely living together for a long time won't do it.
SOLE CUSTODY
An arrangement whereby only one parent has physical and legal custody of a child and the other parent has visitation rights.
CONDONATION
One person's approval of another's activities, constituting a defense to a fault divorce. For example, if a wife did not object to her husband's adultery and la... (more...)
One person's approval of another's activities, constituting a defense to a fault divorce. For example, if a wife did not object to her husband's adultery and later tries to use it as grounds for a divorce, he could argue that she had condoned his behavior and could perhaps prevent her from divorcing him on these grounds.
BEST INTERESTS (OF THE CHILD)
The test that courts use when deciding who will take care of a child. For instance, an adoption is allowed only when a court declares it to be in the best inter... (more...)
The test that courts use when deciding who will take care of a child. For instance, an adoption is allowed only when a court declares it to be in the best interests of the child. Similarly, when asked to decide on custody issues in a divorce case, the judge will base his or her decision on the child's best interests. And the same test is used when judges decide whether a child should be removed from a parent's home because of neglect or abuse. Factors considered by the court in deciding the best interests of a child include: age and sex of the child mental and physical health of the child mental and physical health of the parents lifestyle and other social factors of the parents emotional ties between the parents and the child ability of the parents to provide the child with food, shelter, clothing and medical care established living pattern for the child concerning school, home, community and religious institution quality of schooling, and the child's preference.
LEGAL RISK PLACEMENT
A type of adoption used by agencies to keep a child out of foster care during the adoption process. The child is placed with the adopting parents before the bir... (more...)
A type of adoption used by agencies to keep a child out of foster care during the adoption process. The child is placed with the adopting parents before the birthmother has legally given up her rights to raise the child. If she then decides not to relinquish her rights, the adopting parents must give the child back. This is a risk for the adopting parents, who may lose a child to whom they've become attached.
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.
ATTORNEY FEES
The payment made to a lawyer for legal services. These fees may take several forms: hourly per job or service -- for example, $350 to draft a will contingency (... (more...)
The payment made to a lawyer for legal services. These fees may take several forms: hourly per job or service -- for example, $350 to draft a will contingency (the lawyer collects a percentage of any money she wins for her client and nothing if there is no recovery), or retainer (usually a down payment as part of an hourly or per job fee agreement). Attorney fees must usually be paid by the client who hires a lawyer, though occasionally a law or contract will require the losing party of a lawsuit to pay the winner's court costs and attorney fees. For example, a contract might contain a provision that says the loser of any lawsuit between the parties to the contract will pay the winner's attorney fees. Many laws designed to protect consumers also provide for attorney fees -- for example, most state laws that require landlords to provide habitable housing also specify that a tenant who sues and wins using that law may collect attorney fees. And in family law cases -- divorce, custody and child support -- judges often have the power to order the more affluent spouse to pay the other spouse's attorney fees, even where there is no clear victor.
AMICUS CURIAE
Latin for 'friend of the court.' This term describes a person or organization that is not a party to a lawsuit as plaintiff or defendant but that has a strong i... (more...)
Latin for 'friend of the court.' This term describes a person or organization that is not a party to a lawsuit as plaintiff or defendant but that has a strong interest in the case and wants to get its two cents in. For example, the ACLU often submits materials to support a person who claims a violation of civil rights even though that person is represented by a lawyer.
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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