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When Grandparents Take On the Parental Role
Although statistics tell us the rates of teenage pregnancy in the United States are going down, the number of underage parents is still high as compared with generations past. More than a few parents will find themselves having to deal with the news that their teenager will soon make them a grandparent. Some may choose to help raise that grandchild by obtaining legal custody over it. Over time, because they may be doing the bulk of (or all of) the child rearing and are probably providing the grandchild with much of its financial support, such grandparents may come to think of their grandchild as one of their own. Any interruption of that relationship could prove traumatic, both for the grandparent and for the grandchild. Many grandparents who gain custody of a grandchild — usually with the consent of one or both of the child's parents — believe they have acquired rights over the child that they'll retain unless they voluntarily give him/her up. This is not the case, and grandparents (or aunts, uncles, etc.) in such custodial situations must be made aware of the limited rights they acquire when they obtain mere legal custody over a child, as opposed to adopting it.
If the natural parent of the child decides at a later date that he or she wants the child back, the custodian must generally prove that the parent abandoned the child or is otherwise unfit. As non-parent third parties, grandparents are at a disadvantage because under New York law, it is presumptively in a child's best interest to be raised by a parent where the court has determined that the parent is fit and that he or she has not abandoned the child. N.Y. Fam. Ct. Act ” 614, 651. If abandonment or unfitness to parent the child cannot be shown, the custodian's only remaining hope for retaining custody is to show that “extraordinary circumstances” exist that dictate the child should remain in the grandparent's care. Matter of Bennett v. Jeffreys, 40 N.Y.2d 543, 544, 356 N.E.2d 277, 387 N.Y.S.2d 821 (1976).
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.