Painted Post Child Custody Lawyer, New York
Includes: Guardianships & Conservatorships, Custody & Visitation
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Kevin P. Flynn
Divorce & Family Law, Child Custody, Child Support, Municipal
Status: In Good Standing Licensed: 31 Years
FREE CONSULTATION 
CONTACT 100 North Main Street, Elmira, NY 14901
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2800 Crystal Dr, Waverly, NY 14892
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LEGAL TERMS
MARITAL PROPERTY
Most of the property accumulated by spouses during a marriage, called community property in some states. States differ as to exactly what is included in marital... (more...)
Most of the property accumulated by spouses during a marriage, called community property in some states. States differ as to exactly what is included in marital property; some states include all property and earnings dring the marriage, while others exclude gifts and inheritances.
INTERLOCUTORY DECREE
A court judgment that is not final until the judge decides other matters in the case or until enough time has passed to see if the interim decision is working. ... (more...)
A court judgment that is not final until the judge decides other matters in the case or until enough time has passed to see if the interim decision is working. In the past, interlocutory decrees were most often used in divorces. The terms of the divorce were set out in an interlocutory decree, which would become final only after a waiting period. The purpose of the waiting period was to allow the couple time to reconcile. They rarely did, however, so most states no longer use interlocutory decrees of divorce.
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.
BRIEF
A document used to submit a legal contention or argument to a court. A brief typically sets out the facts of the case and a party's argument as to why she shoul... (more...)
A document used to submit a legal contention or argument to a court. A brief typically sets out the facts of the case and a party's argument as to why she should prevail. These arguments must be supported by legal authority and precedent, such as statutes, regulations and previous court decisions. Although it is usually possible to submit a brief to a trial court (called a trial brief), briefs are most commonly used as a central part of the appeal process (an appellate brief). But don't be fooled by the name -- briefs are usually anything but brief, as pointed out by writer Franz Kafka, who defined a lawyer as 'a person who writes a 10,000 word decision and calls it a brief.'
ACKNOWLEDGED FATHER
The biological father of a child born to an unmarried couple who has been established as the father either by his admission or by an agreement between him and t... (more...)
The biological father of a child born to an unmarried couple who has been established as the father either by his admission or by an agreement between him and the child's mother. An acknowledged father must pay child support.
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.
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.
MARITAL SETTLEMENT AGREEMENT
See divorce agreement.
GUARDIAN
An adult who has been given the legal right by a court to control and care for a minor or her property. Someone who looks after a child's property is called a '... (more...)
An adult who has been given the legal right by a court to control and care for a minor or her property. Someone who looks after a child's property is called a 'guardian of the estate.' An adult who has legal authority to make personal decisions for the child, including responsibility for his physical, medical and educational needs, is called a 'guardian of the person.' Sometimes just one person will be named to take care of all these tasks. An individual appointed by a court to look after an incapacitated adult may also be known as a guardian, but is more frequently called a conservator.
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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