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The Ever-Changing Custody Rights of Non-Biological Parents
The law concerning the custody rights of biological parents is complex and continually evolving and, along with that, the rights of non-biological parents are also in flux. Within the basic framework that supports the superior custodial rights of a biological parent, there may be many misconceptions and uncertainties about what set of facts may support custody for a non-parent. The implications of a non-parent having long-term de facto custody and the effect of a prior order of custody have been addressed in recent court decisions.
The leading case on this issue is Bennett v. Jeffreys, 40 NY2d 543 (1976), which states, in pertinent part: 'The parent has a 'right' to rear its child, and the child has a 'right' to be reared by its parent.' In order to protect these rights of parent and child, the Court of Appeals created a high threshold for a non-parent petitioner: 'The State may not deprive a parent of the custody of a child absent surrender, abandonment, persisting neglect, unfitness or other like extraordinary circumstances.'
Absent such extraordinary circumstances, in a contest with a non-parent, the court must award custody to the biological parent. There must be a threshold showing of extraordinary circumstances before the court can even entertain the non-parent's application and decide custody based upon a determination of the best interests of the child ' and the burden of proof is on the non-parent to prove such extraordinary circumstances. Bermeo v. Rios, 33 AD2d 613 (2d Dept. 2006).
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.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.