Child custody in New York has two parts, legal custody and physical custody. The parent who has physical custody of the child is the one who provides a safe and stable home environment where the child resides. The parent who has legal custody is responsible for making significant life decisions for the minor child, like […]
Monthly Archives: February 2014
It doesn’t matter, divorce won’t be granted by a judge in Rochester until the spouses sign on to a settlement agreement that provides for an equitable distribution of marital property, including financial instruments and debts, and which fully addresses child custody issues. In other words, whichever spouse files first is just starting a process that […]
Child custody is an area where New York has an abiding interest. If you and your spouse, or ex-spouse, can’t come to an agreement about custody, the court will hold a trial and evaluate the competing custody petitions. The judge will focus exclusively on the best interest of the child. Typically, for physical custody, you […]
Irretrievable Breakdown is New York’s version of no-fault divorce. It is often the simplest and most cost-effective way to attain a divorce, and it doesn’t require your spouse’s approval. To get a divorce in Rochester on Irretrievable Breakdown grounds, you simply attest under oath that your marriage has broken down irretrievably and that this has […]
Depending on your circumstances, you may not have to appear in court at all. For instance, if you and your spouse are able to negotiate a division of your assets and debts and work out a plan for custody and co-parenting any minor children, your divorce process may be handled by your lawyers and you’ll […]
Rape in the Third Degree is a class E felony, which is the lowest level of felony charge in New York State. Unlike many sex offenses, it is not considered a violent felony, which may carry additional penalties. A Rochester citizen convicted of Rape in the Third Degree would, however, have a reportable criminal record. […]
Even an experienced Rochester criminal defense lawyer may find the numerous different sex offenses in the New York State Penal Law difficult to follow. Offenses classified as “rape” require the performance of actual sexual intercourse. Rape in the Third Degree is the lowest level of criminal offense involving sexual intercourse. The reason this charge is […]
The good news for young Rochester drivers charged with this offense is that it is considered a non-criminal charge, meaning that the driver will have no criminal record. It does, however, carry some very serious penalties. If a young driver is only charged with Driving After Having Consumed Alcohol Under The Age Of 21, per […]
As Rochester lawyers practicing in the area of criminal defense, not all of the illegal activities our clients are accused of are necessarily “crimes” as defined by New York State law. Instead, especially when dealing with minors, there are several offenses that are classified as illegal but not actual crimes. Driving After Having Consumed Alcohol […]
Aggravated Harassment in the Second Degree is a class A misdemeanor, which means it is a crime in New York State. While it is not considered as serious as a felony, a Rochester resident convicted of this offense would have a reportable criminal record. A conviction also may lead to a sentence of imprisonment at […]