Mooers 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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800-923-0641

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LEGAL TERMS

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.

CONFIDENTIAL COMMUNICATION

Information exchanged between two people who (1) have a relationship in which private communications are protected by law, and (2) intend that the information b... (more...)

Information exchanged between two people who (1) have a relationship in which private communications are protected by law, and (2) intend that the information be kept in confidence. The law recognizes certain parties whose communications will be considered confidential and protected, including spouses, doctor and patient, attorney and client, and priest and confessor. Communications between these individuals cannot be disclosed in court unless the protected party waives that protection. The intention that the communication be confidential is critical. For example, if an attorney and his client are discussing a matter in the presence of an unnecessary third party -- for example, in an elevator with other people present -- the discussion will not be considered confidential and may be admitted at trial. Also known as privileged communication.

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.

FITNESS

The ability of a prospective adoptive parent to provide for the best interests of a child. A court may consider many aspects of the prospective parents' lives i... (more...)

The ability of a prospective adoptive parent to provide for the best interests of a child. A court may consider many aspects of the prospective parents' lives in evaluating their fitness to adopt a child, including financial stability, marital stability, career obligations, other children, physical and mental health and criminal history.

MINOR

In most states, any person under 18 years of age. All minors must be under the care of a competent adult (parent or guardian) unless they are 'emancipated'--in ... (more...)

In most states, any person under 18 years of age. All minors must be under the care of a competent adult (parent or guardian) unless they are 'emancipated'--in the military, married or living independently with court permission. Property left to a minor must be handled by an adult until the minor becomes an adult under the laws of the state where he or she lives.

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.

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.

MARTIAL MISCONDUCT

See fault divorce.

IRRECONCILABLE DIFFERENCES

Differences between spouses that are considered sufficiently severe to make married life together more or less impossible. In a number of states, irreconcilable... (more...)

Differences between spouses that are considered sufficiently severe to make married life together more or less impossible. In a number of states, irreconcilable differences is the accepted ground for a no-fault divorce. As a practical matter, courts seldom, if ever, inquire into what the differences actually are, and routinely grant a divorce as long as the party seeking the divorce says the couple has irreconcilable differences. Compare incompatibility; irremediable breakdown.

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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Mooers Child Custody Lawyer, New York

Sponsored Law Firm

The Law Office of Joe Mucia, PC

SPONSORED LAWYERS

Mark Anderson

Andrew D. Brockway

James William Clute

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LEGAL TERMS

COMMUNITY PROPERTY

CONFIDENTIAL COMMUNICATION

TENANCY BY THE ENTIRETY

FITNESS

MINOR

FAMILY COURT

AMICUS CURIAE

MARTIAL MISCONDUCT

IRRECONCILABLE DIFFERENCES

SAMPLE LEGAL CASES

MATTER OF GRANT v. Grant

MATTER OF CARRASQUILLO v. Cora

Moor v. Moor

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