http://www.mayalaw.com Employment, Divorce and General Practice Attorneys Thu, 23 May 2013 20:31:07 +0000 en-US hourly 1 http://wordpress.org/?v=3.5.1 http://www.mayalaw.com/imminent-risk-of-irreparable-harm-is-requisite-for-enforcing-non-compete-agreements/ http://www.mayalaw.com/imminent-risk-of-irreparable-harm-is-requisite-for-enforcing-non-compete-agreements/#comments Thu, 23 May 2013 18:07:58 +0000 J.Maya http://mayalaw.com/?p=876 Continue reading →]]> Read more]]> http://www.mayalaw.com/imminent-risk-of-irreparable-harm-is-requisite-for-enforcing-non-compete-agreements/feed/ 0 http://www.mayalaw.com/retention-of-confidential-information-is-a-clear-breach-of-non-compete-according-to-connecticut-court/ http://www.mayalaw.com/retention-of-confidential-information-is-a-clear-breach-of-non-compete-according-to-connecticut-court/#comments Thu, 23 May 2013 17:43:10 +0000 J.Maya http://mayalaw.com/?p=920 Continue reading →]]> Read more]]> http://www.mayalaw.com/retention-of-confidential-information-is-a-clear-breach-of-non-compete-according-to-connecticut-court/feed/ 0 http://www.mayalaw.com/court-enters-fifteen-year-unallocated-alimony-and-support-award-in-recent-dissolution-of-marriage-action/ http://www.mayalaw.com/court-enters-fifteen-year-unallocated-alimony-and-support-award-in-recent-dissolution-of-marriage-action/#comments Thu, 23 May 2013 17:29:44 +0000 H.D.Murphy http://mayalaw.com/?p=1281 mdemeola@mayalaw.com. ________________________________________________________________________________ Our family law firm in Westport Connecticut serves clients with divorce, matrimonial, and family law issues from all over the state including the towns of: Bethel, Bridgeport, Brookfield, Danbury, Darien, Easton, Fairfield, Greenwich, Monroe, New Canaan, New Fairfield, Newton, Norwalk, Redding, Ridgefield, Shelton, Sherman, Stamford, Stratford, Trumbull, Weston, Westport, and Wilton. We have the best divorce attorneys and family attorneys in CT on staff that can help with your Connecticut divorce or New York divorce today. If you have any questions or would like to speak to a divorce law attorney about a divorce or familial matter, please don't hesitate to call our office at (203) 221-3100. We offer free divorce consultation as well as free consultation on all other familial matters. Divorce in CT and divorce in NYC is difficult, but education is power. Call our family law office in CT today. Keywords: divorce attorney ct, divorce attorneys in ct, divorce attorneys ct, divorce attorney Connecticut, Connecticut divorce attorney, divorce attorney, divorce attorneys NYC, ct lawyers, Connecticut family attorney, divorce lawyer in ct, free divorce consultation, free consultation family law, divorce in ct, free consultation family law, Connecticut divorce lawyer, divorce attorney for men, divorce attorney for women, free divorce attorney, divorce lawyers in ct, ct divorce laws, ct divorce attorney, family law firm, divorce attorney Fairfield, attorneys in Connecticut, family law office, ct divorce mediation, best divorce attorney in ct, lawyers in ct, uncontested divorce, divorce lawyer nyc, Connecticut divorce laws, best divorce attorney, divorce attorney Hartford, new haven divorce attorney, divorce, lawyer, attorney, law firm ct, law office, legal advice in ct, ct divorce attorneys, family attorney, domestic violence rights, Connecticut, marital property rights, CT divorce mediation, legal separation Connecticut, child custody laws, child support litigation, contested, uncontested, annulments, alimony, mediator, spouse, spousal support law, asset division, visitation right, premarital agreements, prenup, prenuptial agreement, prenup NY, restraining orders, appeals, custody modifications, legal separation CT, prenup in CT, custody in CT, filing divorce in CT, filing, lawyers, attorneys, family law in CT, family in NY, Connecticut divorce attorney, divorce law NY, matrimonial law CT, custody NY, child custody CT, property division in CT, dissolution of marriage in CT, marriage, divorce NY, New York divorce, visitation in CT, visitation rights in CT, post marital agreements, divorce law firm CT, divorce law firm NY Continue reading →]]> Read more]]> http://www.mayalaw.com/court-enters-fifteen-year-unallocated-alimony-and-support-award-in-recent-dissolution-of-marriage-action/feed/ 0 http://www.mayalaw.com/in-dissolution-of-marriage-action-court-orders-both-an-allocated-and-unallocated-support-award/ http://www.mayalaw.com/in-dissolution-of-marriage-action-court-orders-both-an-allocated-and-unallocated-support-award/#comments Thu, 23 May 2013 11:33:01 +0000 H.D.Murphy http://mayalaw.com/?p=1288 mdemeola@mayalaw.com. ________________________________________________________________________________ Our family law firm in Westport Connecticut serves clients with divorce, matrimonial, and family law issues from all over the state including the towns of: Bethel, Bridgeport, Brookfield, Danbury, Darien, Easton, Fairfield, Greenwich, Monroe, New Canaan, New Fairfield, Newton, Norwalk, Redding, Ridgefield, Shelton, Sherman, Stamford, Stratford, Trumbull, Weston, Westport, and Wilton. We have the best divorce attorneys and family attorneys in CT on staff that can help with your Connecticut divorce or New York divorce today. If you have any questions or would like to speak to a divorce law attorney about a divorce or familial matter, please don't hesitate to call our office at (203) 221-3100. We offer free divorce consultation as well as free consultation on all other familial matters. Divorce in CT and divorce in NYC is difficult, but education is power. Call our family law office in CT today. 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Ireland v. Ireland, 246 Conn. 413, 717 A.2d 676 (1998). This “burden-shifting” analysis adopted by the Supreme Court in the Ireland case in 1998 was replaced by our Legislature in 2006 with Public Acts 2006, No. 06-168, now set forth in General Statutes § 46b-56d. Section 46b-56d(a) now reads: (a) In any proceeding before the Superior Court arising after the entry of a judgment awarding custody of a minor child and involving the relocation of either parent with the child, where such relocating parent would have a significant impact on an existing parenting plan, the relocating parent shall bear the burden of proving, by a preponderance of the evidence, that (1) the relocation is for a legitimate purpose, (2) the proposed location is reasonable in light of such purpose, and (3) the relocation is in the best interests of the child. The effect of General Statutes § 46b-56d(a) is essentially to codify the three-part provisions of the Ireland rule, while at the same time relieving the party opposing relocation of its former burden of proving, by a preponderance of the evidence, that despite the moving party's showing that relocation is for a legitimate purpose and is reasonable in light of that purpose, the relocation nevertheless fails to be in the best interests of the child. Under today’s law, Section 46b-56d(a) now places squarely on the shoulders of the party advocating relocation the entire burden of demonstrating, by a preponderance of the evidence, not only that the relocation is for a legitimate purpose and is reasonable in light of that purpose, but also that the relocation is affirmatively in the best interests of the child. General Statutes § 46b-56d(b) further enumerates five specific factors that our courts are now statutorily obligated to consider in determining whether to approve a parent's request to relocate with a child. Section 46b-56d(b) reads: (b) In determining whether to approve the relocation of the child under subsection (a) of this section, the court shall consider, but such consideration shall not be limited to: (1) Each parent's reasons for seeking or opposing the relocation; (2) the quality of the relationships between the child and each parent; (3) the impact of the relocation on the quantity and the quality of the child's future contact with the nonrelocating parent; (4) the degree to which the relocating parent's and the child's life may be enhanced economically, emotionally and educationally by the relocation; and (5) the feasibility of preserving the relationship between the non-relocating parent and the child through suitable visitation arrangements. These factors were first adopted by the Ireland court from the New York Court of Appeals case of Tropea v. Tropea, 87 N.Y.2d 727, 665 N.E.2d 145, 642 N.Y.S.2d 575 (1996), under the court's supervisory authority. Under Ireland, each of the Tropea factors is to be considered, although not exclusively, and no single factor is to be presumed to carry dispositive weight. Ireland v. Ireland, supra, 246 Conn. 434. "Moreover, any other factors or circumstances that could have a bearing on the court's determination of the child's best interests should be considered and given the appropriate weight in the court's analysis." Ireland v. Ireland, supra, 435. The ultimate goal in considering these and other factors deemed appropriate by the court is to facilitate an accurate case-by-case determination of whether the relocation proposed by the moving party indeed lies in the best interests of the child. Ireland v. Ireland, supra, 433-34. Whether you are considering or opposing a relocation of minor children after divorce, it is suggested that you consult with family law attorneys who are experienced in these matters. For any further information or confidential inquires regarding this posting, please contact Attorney H. Daniel Murphy at 203-221-3100 or hdmurphy@mayalaw.com. ________________________________________________________________________________ Our family law firm in Westport Connecticut serves clients with divorce, matrimonial, and family law issues from all over the state including the towns of: Bethel, Bridgeport, Brookfield, Danbury, Darien, Easton, Fairfield, Greenwich, Monroe, New Canaan, New Fairfield, Newton, Norwalk, Redding, Ridgefield, Shelton, Sherman, Stamford, Stratford, Trumbull, Weston, Westport, and Wilton. We have the best divorce attorneys and family attorneys in CT on staff that can help with your Connecticut divorce or New York divorce today. If you have any questions or would like to speak to a divorce law attorney about a divorce or familial matter, please don't hesitate to call our office at (203) 221-3100. We offer free divorce consultation as well as free consultation on all other familial matters. Divorce in CT and divorce in NYC is difficult, but education is power. Call our family law office in CT today. 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We have the best divorce attorneys and family attorneys in CT on staff that can help with your Connecticut divorce or New York divorce today. If you have any questions or would like to speak to a divorce law attorney about a divorce or familial matter, please don't hesitate to call our office at (203) 221-3100. We offer free divorce consultation as well as free consultation on all other familial matters. Divorce in CT and divorce in NYC is difficult, but education is power. Call our family law office in CT today. 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Nevertheless, the Court denied the ex-husband’s motion, finding that even the policy of $250,000.00 did not provide adequate security given the ex-wife’s life expectancy as compared to the new alimony Order of $2,500.00 per month. The Court also found that the ex-husband may no longer be insurable, and, therefore, if the alimony was increased or the modification reversed upon Appellate review, the ex-husband would be in a potentially impossible position of having to acquire a new life insurance policy. Should you have any questions regarding matrimonial matters, please do not hesitate to contact Michael D. DeMeola, Esq. He can be reached by telephone in the firm’s Westport office at (203) 221-3100 or by e-mail at mdemeola@mayalaw.com. ________________________________________________________________________________ Our family law firm in Westport Connecticut serves clients with divorce, matrimonial, and family law issues from all over the state including the towns of: Bethel, Bridgeport, Brookfield, Danbury, Darien, Easton, Fairfield, Greenwich, Monroe, New Canaan, New Fairfield, Newton, Norwalk, Redding, Ridgefield, Shelton, Sherman, Stamford, Stratford, Trumbull, Weston, Westport, and Wilton. We have the best divorce attorneys and family attorneys in CT on staff that can help with your Connecticut divorce or New York divorce today. If you have any questions or would like to speak to a divorce law attorney about a divorce or familial matter, please don't hesitate to call our office at (203) 221-3100. We offer free divorce consultation as well as free consultation on all other familial matters. Divorce in CT and divorce in NYC is difficult, but education is power. Call our family law office in CT today. Keywords: divorce attorney ct, divorce attorneys in ct, divorce attorneys ct, divorce attorney Connecticut, Connecticut divorce attorney, divorce attorney, divorce attorneys NYC, ct lawyers, Connecticut family attorney, divorce lawyer in ct, free divorce consultation, free consultation family law, divorce in ct, free consultation family law, Connecticut divorce lawyer, divorce attorney for men, divorce attorney for women, free divorce attorney, divorce lawyers in ct, ct divorce laws, ct divorce attorney, family law firm, divorce attorney Fairfield, attorneys in Connecticut, family law office, ct divorce mediation, best divorce attorney in ct, lawyers in ct, uncontested divorce, divorce lawyer nyc, Connecticut divorce laws, best divorce attorney, divorce attorney Hartford, new haven divorce attorney, divorce, lawyer, attorney, law firm ct, law office, legal advice in ct, ct divorce attorneys, family attorney, domestic violence rights, Connecticut, marital property rights, CT divorce mediation, legal separation Connecticut, child custody laws, child support litigation, contested, uncontested, annulments, alimony, mediator, spouse, spousal support law, asset division, visitation right, premarital agreements, prenup, prenuptial agreement, prenup NY, restraining orders, appeals, custody modifications, legal separation CT, prenup in CT, custody in CT, filing divorce in CT, filing, lawyers, attorneys, family law in CT, family in NY, Connecticut divorce attorney, divorce law NY, matrimonial law CT, custody NY, child custody CT, property division in CT, dissolution of marriage in CT, marriage, divorce NY, New York divorce, visitation in CT, visitation rights in CT, post marital agreements, divorce law firm CT, divorce law firm NY Continue reading →]]> Read more]]> http://www.mayalaw.com/in-post-judgment-matrimonial-action-court-denies-motion-to-modify-life-insurance-policy/feed/ 0 http://www.mayalaw.com/supreme-court-predictive-neglect/ http://www.mayalaw.com/supreme-court-predictive-neglect/#comments Thu, 23 May 2013 10:04:27 +0000 H.D.Murphy http://mayalaw.com/?p=1993 may be adversely affected and not just children whose welfare has been affected.” The Court explained, “The doctrine of predictive neglect is grounded in the state's responsibility to avoid harm to the well-being of a child, not to repair it after a tragedy has occurred… Thus, [a] finding of neglect is not necessarily predicated on actual harm, but can exist when there is a potential risk of neglect...” Under the standard set forth in In re Kamari C-L, DCF could establish its case merely by proving by a preponderance of the evidence the existence of a "potential risk" of neglect. However, as the Supreme Court noted, under this standard, DCF could theoretically prevail even if there was only a 10% chance of future harm to a child. According to the Supreme Court, the “potential risk” standard gives insufficient weight to the “combined family integrity interests of parent and child.” In formulating a more burdensome standard, the Court held that in predictive neglect cases, the trial court must find with respect to each parent that, if the child were to remain in that parent's independent care, the child would be denied proper care and attention, physically, educationally, emotionally or morally, or would be permitted to live under conditions, circumstances or associations injurious to the well-being of the child or youth. Where parents will be caring for the child together, the trial court may treat the parents as a single unit in determining whether DCF has met its burden of proving predictive neglect. Should you have any questions regarding the foregoing, or DCF matters generally, please feel free to contact Attorney Michael D. DeMeola, Esq. directly. He can be reached in the firm’s Westport office at (203) 221-3100, or by e-mail at mdemeola@mayalaw.com. ________________________________________________________________________________ Our family law firm in Westport Connecticut serves clients with divorce, matrimonial, and family law issues from all over the state including the towns of: Bethel, Bridgeport, Brookfield, Danbury, Darien, Easton, Fairfield, Greenwich, Monroe, New Canaan, New Fairfield, Newton, Norwalk, Redding, Ridgefield, Shelton, Sherman, Stamford, Stratford, Trumbull, Weston, Westport, and Wilton. We have the best divorce attorneys and family attorneys in CT on staff that can help with your Connecticut divorce or New York divorce today. If you have any questions or would like to speak to a divorce law attorney about a divorce or familial matter, please don't hesitate to call our office at (203) 221-3100. We offer free divorce consultation as well as free consultation on all other familial matters. Divorce in CT and divorce in NYC is difficult, but education is power. Call our family law office in CT today. 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We have the best divorce attorneys and family attorneys in CT on staff that can help with your Connecticut divorce or New York divorce today. If you have any questions or would like to speak to a divorce law attorney about a divorce or familial matter, please don't hesitate to call our office at (203) 221-3100. We offer free divorce consultation as well as free consultation on all other familial matters. Divorce in CT and divorce in NYC is difficult, but education is power. Call our family law office in CT today. 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We have the best divorce attorneys and family attorneys in CT on staff that can help with your Connecticut divorce or New York divorce today. If you have any questions or would like to speak to a divorce law attorney about a divorce or familial matter, please don't hesitate to call our office at (203) 221-3100. We offer free divorce consultation as well as free consultation on all other familial matters. Divorce in CT and divorce in NYC is difficult, but education is power. Call our family law office in CT today. 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