Is your home contagious? Are there bugs, bacteria, mites, mold, dander, pollens and allergens in the air, in the cupboards, bathrooms or other nooks and crannies of your house? During the change in seasons, children are particularly susceptible to allergic reactions to these silent “infectors.” If you are a non-custodial parent, you should be especially […]Read More
Let’s assume you have custody of the kids. This weekend, your ex is scheduled to have the children. Pickup is slated for Friday at 6 p.m., and the children are to be returned by Sunday at 6 p.m. Your ex wants to pick up the children at 4 p.m. this Friday, however, and you agree […]Read More
The hearsay rule holds that out-of-court statements (whether written or spoken) cannot be admitted into evidence. In other words, a mother cannot testify what her neighbor has said in the past about her ex-husband in order to prove that her ex-husband is an unfit parent. If the mother wants the court to know what the […]Read More
There is a tendency among angry parents to make their children feel guilty for spending time with the other parent. The acrimony of a courtroom battle, the distress of dealing with an uncooperative parent and the anxiety, resentment and distrust following a separation or divorce can push a parent to super-impose her feelings onto the […]Read More
The Hearsay Rule is a fundamental rule of evidence that is often misunderstood. Unless you master this rule, you may find yourself unable to get important documents or testimony admitted into evidence. If such items are not admitted into evidence, it means that the judge cannot look at them, listen to them, or consider them […]Read More
The Unlucky Landlord! Everybody’s Moving Out, But It’s Not His Fault! Somebody Must Pay For This, and How Much….?
Posted June 24th, 2016.
Categories: The Calculating Lawyer.
Your office building is falling apart. The elevators don’t work. The lights keep flickering, and last Thursday, a fire broke out in the mail room. It turns out the electrical contractor used substandard wiring, in violation of city codes, and now the building inspector is kicking out all of the tenants until the building is […]Read More
In a contested child custody case, judges often examine the history and experiences of the parents to determine whether they each provide a stable lifestyle for the children. The flip side is that judges tend to deny custody rights to parents who have demonstrated a history of instability or unpredictability. This is because the prevailing […]Read More
Posted June 23rd, 2016.
Categories: The Calculating Lawyer.
If the business next door is destroying your property, they may have to replace your property. One way to determine what they’ll actually pay you in damages is the “cost approach.” Instead of comparing the value of your property to other similar properties in the neighborhood — which is the sales comparison approach which I discussed […]Read More
Look up any website on child custody and you’ll find that the most important consideration is the best interest of the child. Determining what’s in the child’s “best interest” is the answer to virtually every question in the field of child custody. Sometimes, however, what’s in the child’s best interest equals what’s in the parent’s […]Read More
Family court judges come in many varieties. Some are short and sweet: “I’ve heard the evidence. I’m denying the motion. Custody will remain with the Plaintiff.” Others are more pensive and deliberative: They explain their reasoning and their rulings in detail. Others are cerebral and intellectual: They discuss their thinking about the issues on the […]Read More