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An 'Extra Parent': NY Law Can Accommodate That Situation
In today's world of shifting family roles and scientific changes in even how a child comes into the world, the question of who is a “parent” can get murky. We have seen surrogate mothers seek custody of children they carried for couples who provided their own egg and sperm; same-sex co-parents fight for visitation rights with children with whom they have no biological or adoptive connection; and grandparents argue that they are the “real” parent to a child whose biological parent might have been mentally or physically absent for much of a child's life. Now comes a new twist: the question of custody of a child born after three people decided they wanted to have a child. The case, Dawn M. v. Michael M., 2017 N.Y. Misc. LEXIS 807, *; 2017 NY Slip Op 27073 (Sup. Ct., Suffolk Cty., 3/8/17), presented a unique question to a New York court, but one that just might be repeated — in some form or another — in future cases.
In Dawn M. v. Michael M., Suffolk County, New York, Supreme Court Judge H. Patrick Leis III, granted shared custody of a child — identified in this action as J.M. — to a woman not related to him by blood, even though he already had two biological parents who shared custody. The plaintiff had been married to the biological father at the time the child was conceived, but this was not a simple case of an affair that produced a child outside of a marriage.
An Unusual Arrangement
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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.
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?
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.