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It's Time for a Joint Custody Presumption
New York State is a 'best interest' custody state that gives the courts a wide latitude to choose a parenting custody plan that is in the best interest of the children and family. DRL ' 240 specifically states: 'The court shall ' enter orders for custody and support as, in the court's discretion, justice requires, having regard to the circumstances of the case and of the respective parties and to the best interest of the child.' The standard is well ensconced in cased law as well. See Eschbach v. Eschbach 56 NY2d 167; Friederwitzer v. Friederwitzer, 55 NY2d 89 (1982).
How does this concept mesh with the Court of Appeals' decision in Braiman v. Braiman, 44 NY2d 584 (1978), which stated that courts should not impose joint custody arrangements on parents who are 'severely antagonistic and embattled' and who are unable to put aside their differences for the benefit of the children? Shouldn't parents, perhaps, be obliged to do just that ' put aside their differences for the best interest of the children? In many cases joint custody is clearly what is in a child's best interest, and courts should be free to order joint custody without the fear that it is only an option when the parties agree.
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.
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.
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.
When Is a Repair Structural or Nonstructural Under a Commercial Lease?
A common question that commercial landlords and tenants face is which of them is responsible for a repair to the subject premises. These disputes often center on whether the repair is "structural" or "nonstructural."