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Can a Custodial Parent Be Forbidden to Relocate?
Parents in Georgia may need to reconsider moving out of state, or they could risk losing custody of their children. The Nov. 10, 2003 decision by the Supreme Court of Georgia in Bodne v. Bodne, 588 S.E.2d 728 (2003) (Benham, J., dissenting) has overruled or otherwise affected nearly 100 years of child custody law, and it has rescinded the well-established presumption that custodial parents have a prima facie right to retain custody.
Bodne v. Bodne
In Bodne, the parties, Rachel Ann Bodne and Dr. David Bodne, divorced in 1999. The divorce decree provided them joint legal custody of the parties' two minor children and granted primary physical custody of the children to their father. The parties agreed to share the children equal amounts of time, and they anticipated alternating time with the children every 2 weeks. In 2001, Dr. Bodne remarried, and he informed his ex-wife that he planned to move with the children from Georgia to Alabama. Dr. Bodne filed a petition to modify Rachel Ann Bodne's visitation in contemplation of his upcoming move. She filed a counterclaim in which she opposed the move and sought primary physical custody of the children. The trial court awarded primary physical custody to Rachel Ann Bodne, and Dr. Bodne appealed.
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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?