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Creating Parental Access Plans
Part One of a Three-Part Series
It is quickly becoming a distant memory when standard visitation for a non-residential parent — the parent who does not have primary physical custody of the child — has one dinner during the week and alternate weekends from Friday evening to Sunday evening. We are living in an era where many parents are willing and able to reduce or arrange their work commitments in order to free up more time to devote to their children. And those parents are increasingly rejecting the second-class status of visiting parent with an ephemeral connection to the children, instead desiring to create a second home for themselves and their children.
This mindset compels the matrimonial lawyer to be more creative in structuring physical custody or, the currently preferred term, “parental access.” The permutations for parental access arrangements, while not infinite, are numerous. There is no formula that can be imposed on a family. Rather, each family, with its array of individual concerns, presents a challenge to the matrimonial practitioner to carefully tailor the physical custody or parental access plan to meet that family's needs and desires.
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.
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.
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.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
Removing Restrictive Covenants In New York
In Rockwell v. Despart, the New York Supreme Court, Third Department, recently revisited a recurring question: When may a landowner seek judicial removal of a covenant restricting use of her land?