Blog – Rincker Law, PLLC http://rinckerlaw.com Thu, 28 Jul 2016 10:14:52 +0000 en-US hourly 1 https://wordpress.org/?v=4.5.3 New York Child Custody and Visitation Law: Agreements to “Electronic Visitation” or Parental Access http://rinckerlaw.com/new-york-child-custody-and-visitation-law-agreements-to-electronic-visitation-or-parental-access/ http://rinckerlaw.com/new-york-child-custody-and-visitation-law-agreements-to-electronic-visitation-or-parental-access/#respond Thu, 28 Jul 2016 10:14:52 +0000 http://rinckerlaw.com/?p=8264 In this electronic age, parents can craft an agreement allowing the parent to have meaningful communication with the child(ren) using electronic methods (i.e., Parenting 2.0!) including: • Telephone (e.g., to the other parent’s phone or the child’s phone) • Video-conferencing …

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In this electronic age, parents can craft an agreement allowing the parent to have meaningful communication with the child(ren) using electronic methods (i.e., Parenting 2.0!) including:

• Telephone (e.g., to the other parent’s phone or the child’s phone)
• Video-conferencing (e.g., FaceTime, Skype)
• Text messaging (e.g., WhatsApp, Viber)
• Social media (e.g., Facebook, Instagram, Twitter, Snapchat)
• Electronic mail (i.e., “e-mail”).

In some cases, parents might decide on a specific period of time when the other parent can call and talk to the child(ren) (e.g., from 6pm to 7pm). In most situations, this electronic communication should be for a reasonable period of time in light of the child’s age and without interruption or monitoring from the other parent.

This is an excerpt from my new book “Onward and Upward:  Guide for Getting Through New York Divorce & Family Law Issues” available on Amazon, Kindle and iBooks. This is an except from the chapter I wrote with the talented Bonnie Mohr.  I also wrote the Chapter on Mediation, which also discusses mediation on disputes like this.  Not only am I a family law litigator, but I am also a trained mediator for divorce, child custody and visitation disputes, and commercial mediation. The book is chalk full of great advice on a myriad of family law issues ranging from prenups, child custody disputes, and divorce/annulments.  The book’s special sauce is that it has over 48 authors, including many nonlawyer authors, writing on both legal and nonlegal topics.  More info on the book can be found here.

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Happy 7th Birthday to Rincker Law! http://rinckerlaw.com/happy-7th-birthday-to-rincker-law/ http://rinckerlaw.com/happy-7th-birthday-to-rincker-law/#comments Mon, 25 Jul 2016 21:40:10 +0000 http://rinckerlaw.com/?p=8307 Rincker Law, PLLC is 7 years old!  With each anniversary of my law practice, I like to reflect on the previous year.   Ruth has been my right hand girl for a few years now but Ravi Cattry joined the …

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Rincker Law, PLLC is 7 years old!  With each anniversary of my law practice, I like to reflect on the previous year.   Ruth has been my right hand girl for a few years now but Ravi Cattry joined the team a year ago.  It’s been great having these two ladies a part of the firm’s growth over the years.

In this last year, I was selected as Metro New York Rising Star from Super Lawyers for the second year in a row (two peat!) and the Client’s Choice Award from Avvo.  I wrote my second book titled “Onward and Upward: Guide for Getting Through New York Divorce and Family Law Issues” (available on Amazon, Kindle and iBooks). In the past year, I also opened up an Illinois office in Champaign, Illinois.

Additionally, I enjoyed (1) speaking to the National Business Institute (“NBI”) on wine and vineyard law, (2) moderating webinars for the American Bar Association (“ABA”) General Practice, Solo & Small Firm Division’s Agriculture Law Committee on intellectual property and insurance, and (3) giving presentations to Lawline on New York animal welfare law, farm leases, managing the agri-business client, and building a law practice.  One of the highlights for me was giving the Keynote address at the  University of Tennessee College of Law’s Agriculture Law & Policy Symposium last fall.

I’m one lucky lady.  When the hard days come (and there have been many), I try to reflect on how lucky I am to have this law practice and feel incredibly thankful to everyone who has supported me along the way.  I am also thankful for the two ladies standing next to me who help me each day build this business to better serve families and the food/agriculture industry.  I’m also very thankful that 7 years ago, I had the courage to take that leap into the great unknown into the world of entrepreneurship.

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Presentation on Common Agriculture Contacts http://rinckerlaw.com/presentation-on-common-agriculture-contacts/ http://rinckerlaw.com/presentation-on-common-agriculture-contacts/#respond Mon, 25 Jul 2016 16:19:30 +0000 http://rinckerlaw.com/?p=8305 I will be going through the above presentation for a live webcast this Thursday at 3:30pm ET via Lawline.  The recording will be available soon after my presentation via Lawline. You can register for the live webcast here. In this …

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I will be going through the above presentation for a live webcast this Thursday at 3:30pm ET via Lawline.  The recording will be available soon after my presentation via Lawline. You can register for the live webcast here. In this presentation, I will be discussing a few of the major contractual issues that affect production agriculture including agriculture production contracts, purchase agreements (for land, livestock and farm equipment), leases (for land, livestock and farm equipment), special contracts (e.g., custom feeding arrangements, embryo transfer contracts, stocker cattle contracts, non-disclosure agreements) and partnership agreements.

There is Continuing Legal Education (“CLE”) credits available for most states and both lawyers and non-lawyers are welcome to attend.  Even though the presentation is geared to the lawyer-listener, I really try to keep things as practical as possible.  If you can make the live webcast, I will be available to answer a few questions.

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Outline Giving Overview Common Agriculture Contracts http://rinckerlaw.com/outline-giving-overview-common-agriculture-contracts/ http://rinckerlaw.com/outline-giving-overview-common-agriculture-contracts/#respond Thu, 21 Jul 2016 20:22:51 +0000 http://rinckerlaw.com/?p=8303 You can download my substantive outline discussing a few of the major contractual issues that affect production agriculture on my JD Supra page here. The outline discusses a myriad of contracts issues including: agriculture production contracts, purchase agreements (for land, …

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You can download my substantive outline discussing a few of the major contractual issues that affect production agriculture on my JD Supra page here. The outline discusses a myriad of contracts issues including:

  • agriculture production contracts,
  • purchase agreements (for land, livestock and farm equipment),
  • leases (for land, livestock and farm equipment),
  • special contracts (e.g., custom feeding arrangements, embryo transfer contracts, stocker cattle contracts, non-disclosure agreements), and
  • partnership agreements.

These materials were prepared for my upcoming scheduled webcast next Thursday, July 28th at 3:30PM ET via Lawline.   If you cannot make the live webcast, then the recording will be available via Lawline.

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New York Agriculture Liens: Truckman’s Lien http://rinckerlaw.com/new-york-agriculture-liens-truckmans-lien/ http://rinckerlaw.com/new-york-agriculture-liens-truckmans-lien/#respond Mon, 11 Jul 2016 10:30:53 +0000 http://rinckerlaw.com/?p=8296 Under Section 187 of NY Lien Law, every person or entity engaged in “carting or trucking property shall have a lien upon such property and may retain such portion of the property in his possession” to help ensure payment for the …

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Truck DriverUnder Section 187 of NY Lien Law, every person or entity engaged in “carting or trucking property shall have a lien upon such property and may retain such portion of the property in his possession” to help ensure payment for the truckman or drayman.  See NY Lien Law § 187[1].  Possession of the property is required for this lien.  Please note that this lien does not take priority over other liens.

Here are a few important provisions in the statute:

  • “If such amount remains unpaid for thirty [30] days after demand, such bailee for hire may upon fifteen [15] days’ notice in writing to the owner, specifying the amount due and informing him that the payment of such amount within fifteen days will entitle him to redeem such property, and if such property is not redeemed, such bailee may sell such property at public sale to satisfy the account, including any expense for storage, insurance, or otherwise incurred for the protection or preservation of such property.” NY Lien Law  187[2] (emphasis added).
  • “The proceeds of the sale after paying the expenses thereof shall be applied in liquidation of the indebtedness secured by such lien, and the balance, if any, shall be paid over to the owner.  Such notice shall be served by registered mail directed to the owner’s last known post office address and by posting in three public places in the town, village or city where the property is located.”   NY Lien Law  187[2] (emphasis added).

Please note that there is no filing requirement in New York for this lien.

This is an excerpt from my first book that I co-authored with Pat Dillon, an Iowa agriculture lawyer titled “Field Manual: Legal Guide for New York Farmers and Food Entrepreneurs” available on CreateSpace, Amazon, Kindle and iBooks. You can find out more about this book here.

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New York Child Custody and Visitation Law: Sibling Visitation http://rinckerlaw.com/new-york-child-custody-and-visitation-law-sibling-visitation/ http://rinckerlaw.com/new-york-child-custody-and-visitation-law-sibling-visitation/#respond Thu, 07 Jul 2016 10:08:35 +0000 http://rinckerlaw.com/?p=8261 Siblings have a statutory right to visitation with each other.  This is true whether the relationship be of full-blood siblings or half-blood siblings.  There is a two-part analysis for evaluating sibling visitation.  First, standing – or the right to be …

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Siblings have a statutory right to visitation with each other.  This is true whether the relationship be of full-blood siblings or half-blood siblings.  There is a two-part analysis for evaluating sibling visitation.  First, standing – or the right to be heard – has to be established.  Second, the court must determine whether the visitation is in the best interest of the child(ren).  See Fitzpatrick v. Youngs, 186 Misc.2d 344, 346 (2000).

DRL § 71 states that “where circumstances show that conditions exist in which equity would see fit to intervene, a brother or sister or, if he or she be a minor, a proper person on his or her behalf, whether by half or whole blood, may apply to the supreme court by commencing a special proceeding for visitation rights for such brother or sister in respect to such child.”  The issue of standing was central in the case of Noonan v. Noonan, 145 Misc.2d 638 (1989).  In that case, a mother petitioned on behalf of her three children for visitation with the children of their father’s previous marriage.  The court held that the half-blood siblings had standing to seek visitation, but that the petitioner’s daughter from a previous marriage (with no blood relation to the children at issue) did not have standing.  Thus, visitation was awarded to only the two half-blood siblings.

Once standing is established, the court considers various factors to decide if visitation is in the best interest of the child and, if so, under what conditions.  See E.S. v. P.D., 8 N.Y.3d 150 (2007).  It is unclear whether that standard applies solely to the child(ren) with whom visitation is sought, but case law gives preference to the best interest of them over the siblings seeking visitation.  The best interest standard is at the discretion of the court.  For example, if the best interest of the child(ren) to be visited is sacrificed by serving the best interest of the children seeking visitation, the court might question the validity of the petition in the first place.  Factors given the most weight by the court include prior relationships with siblings, the reason visitation with the siblings stopped after a divorce, the future benefit of having a relationship with the siblings, the opinion and recommendation of the attorneys for the children, and the preferences of the children expressed during in camera interview.  Whether the children had a relationship with each other and how strong that relationship was before the parents broke up is a huge consideration.  Where there is no familial bond among half-siblings, visitation is usually denied, as it was in the case of  In re Justin H., 215 A.D.2d 180 (1995).

In Isabel R. v. Meghan Mc., 23 Misc. 3d 1102(A) (2009), visitation was granted with a specific visitation schedule.  In that case, the mother, on behalf of her children, M. and J., petitioned the court for visitation with their half-sister, O., respondent’s child.  Ruben R. was the father of all three children and not a party to the action.  While Ruben and respondent were married, M. and J. would frequently go over to their father and respondent’s home to spend time with their younger sister.  The children frequently had sleep-overs, played at each other’s homes, and referred to each other as “brother” and “sister.”  O. was very familiar with petitioner and petitioner even babysat for O. on occasion.  When Ruben and respondent ended their marriage, petitioner tried to work out a schedule with respondent for the children to continue their relationship.  Respondent subsequently re-married and had another child.  She was not interested in O. having a relationship with M. and J. and wanted O. to be fully immersed in her new family with respondent’s new husband and baby.  Respondent was also concerned that if O. were to see M. and J., petitioner might let them see the father as well, who was previously denied visitation with O.  After in camera interviews with the children who expressed their desire to maintain a relationship with each other and consulting with the attorneys for the children, the court determined that the children might have visitation with their sister, O., and set forth a detailed schedule of visitation.

This is an excerpt from my new book “Onward and Upward:  Guide for Getting Through New York Divorce & Family Law Issues” available on Amazon, Kindle and iBooks. This is an except from the chapter I wrote with the talented Bonnie Mohr.  I also wrote the Chapter on Mediation, which also discusses mediation on disputes like this.  Not only am I a family law litigator, but I am also a trained mediator for divorce, child custody and visitation disputes, and commercial mediation. The book is chalk full of great advice on a myriad of family law issues ranging from prenups, child custody disputes, and divorce/annulments.  The book’s special sauce is that it has over 48 authors, including many nonlawyer authors, writing on both legal and nonlegal topics.  More info on the book can be found here.

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New York Agriculture Liens: Lien on Stray Animals http://rinckerlaw.com/new-york-agriculture-liens-lien-on-stray-animals/ http://rinckerlaw.com/new-york-agriculture-liens-lien-on-stray-animals/#respond Tue, 05 Jul 2016 10:26:53 +0000 http://rinckerlaw.com/?p=8293 Under NY Town Law § 310, if a person has any strayed horses, cattle, sheep, swine, goats or other livestock animal upon their property which is not adjoined to the livestock owner’s property (in other words, not your immediate neighbor), then that person …

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young goatUnder NY Town Law § 310, if a person has any strayed horses, cattle, sheep, swine, goats or other livestock animal upon their property which is not adjoined to the livestock owner’s property (in other words, not your immediate neighbor), then that person may have a lien claim against the stray animals.  The livestock must have caused property damage and the escape of the livestock must have been caused by the livestock owner’s neglect to make or maintain a fence.  Upon foreclosure, the lien may be used to satisfy the reasonable fees and costs made to repair the property.

One brown hen in front of her groupThe owner of the stray must be given written notice within thirty (30) days of the stray coming unto the lienor’s land, unless the owner of the stray is not known, in which case a notice must run in the nearest county newspaper for two successive weeks.  See NY Town § 313.  If the notice procedures are followed and the owner of the stray does not redeem the animal, then the lienor may foreclose.  However, if the notice procedures are not followed, then the lienor’s rights are not perfected and the lienor then loses any entitlement to damages and instead becomes liable for costs and expenses incurred by reason of keeping the animals.  See NY Town § 316.

This is an excerpt from my first book that I co-authored with Pat Dillon, an Iowa agriculture lawyer titled “Field Manual: Legal Guide for New York Farmers and Food Entrepreneurs” available on CreateSpace, Amazon, Kindle and iBooks. You can find out more about this book here.

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Ask Cari: Common Mistakes in a Divorce http://rinckerlaw.com/ask-cari-what-do-people-often-do-wrong-when-theyre-about-to-file-for-divorce-or-in-the-midst-of-a-divorce/ http://rinckerlaw.com/ask-cari-what-do-people-often-do-wrong-when-theyre-about-to-file-for-divorce-or-in-the-midst-of-a-divorce/#respond Fri, 01 Jul 2016 10:10:18 +0000 http://rinckerlaw.com/?p=8300 Here is a question that I recently received: “Hey Cari, What do people often do “wrong” when they’re about to file for divorce or in the midst of a divorce?” My response: People going through divorce sometimes believe that going to …

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Here is a question that I recently received:

“Hey Cari, What do people often do “wrong” when they’re about to file for divorce or in the midst of a divorce?”

My response:

People going through divorce sometimes believe that going to court immediately is the way to resolve things. To the contrary, mediation or the collaborative divorce process would be the better route. Oftentimes, mediation is confused with arbitration. With arbitration, the arbitrator acts like a judge making a decision for the parties. In most states, this is only allowed for economic issues in a divorce (i.e., not child custody and visitation). On the other hand, the mediator acts like a neutral third party helping facilitate a conversation so the parties can reach their own agreement. Mediation can occur with or without lawyers and topics which can be mediated are child support, spousal maintenance, child custody and visitation, equitable distribution of property, pet ownership, family business division.

A collaborative divorce is when the parties agree that they won’t go to court and the parties commit to an honest and open exchange of information and documents. This process is conducted by attorneys trained in collaborative divorce where each party retains his or her own attorney. The attorneys and parties then meet face to face to discuss options for settling issues while taking into account the highest interests and goals of both parties and the children. Each meeting in a collaborative divorce is very structured and will have a specific agenda for each meeting to keep discussions focused. Other experts may also be involved in the process, such as financial advisors, divorce coach, or a psychotherapist.

If the parties are still at an impasse after trying mediation or collaborative divorce, then they should consider neutral evaluation (or sometimes referred to as early neutral evaluation). This is a newer form of alternative dispute resolution where an experienced matrimonial attorney will hear the facts and give an opinion on what they think a judge will do. This is a cost-effective way to get a neutral third party decision without incurring mounting litigation expenses.

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New York Child Custody and Visitation Law: Grandparent Visitation http://rinckerlaw.com/new-york-child-custody-and-visitation-law-grandparent-visitation/ http://rinckerlaw.com/new-york-child-custody-and-visitation-law-grandparent-visitation/#respond Thu, 30 Jun 2016 10:02:27 +0000 http://rinckerlaw.com/?p=8258 Grandparent visitation is not automatic in New York. There is an assumption that the grandparent will have visitation with their grandchild through the grandchild’s parent. There is also a presumption that a fit parents acts in the best interest of …

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Grandparents And Grandchildren Sitting On Beach Together

Grandparent visitation is not automatic in New York. There is an assumption that the grandparent will have visitation with their grandchild through the grandchild’s parent. There is also a presumption that a fit parents acts in the best interest of their child. This means the courts will give great weight to the parent’s decision about their child’s visitation and access to the child’s grandparents.  See Troxel v. Granville, 530 U.S. 57 (2000).

There are circumstances when the grandparent can obtain a court order for visitation with the grandchild. First, the grandparent has to prove a right to be heard in the court. To prove the right to be heard in court, the grandparent must show their child (the child’s mother or father) is deceased or show an extraordinary circumstance that justifies the court’s involvement. Second, the grandparent then has to prove that it is in the best interest of the child to have court ordered visitation with the grandparent.

This is an excerpt from my new book “Onward and Upward:  Guide for Getting Through New York Divorce & Family Law Issues” available on Amazon, Kindle and iBooks. This is an except from the chapter I wrote with the talented Bonnie Mohr.  I also wrote the Chapter on Mediation, which also discusses mediation on disputes like this.  Not only am I a family law litigator, but I am also a trained mediator for divorce, child custody and visitation disputes, and commercial mediation. The book is chalk full of great advice on a myriad of family law issues ranging from prenups, child custody disputes, and divorce/annulments.  The book’s special sauce is that it has over 48 authors, including many nonlawyer authors, writing on both legal and nonlegal topics.  More info on the book can be found here.

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New York Agriculture Liens: Stableman’s Lien http://rinckerlaw.com/new-york-agriculture-liens-stablemans-lien/ http://rinckerlaw.com/new-york-agriculture-liens-stablemans-lien/#respond Mon, 27 Jun 2016 10:17:18 +0000 http://rinckerlaw.com/?p=8289 Under Section 183 of NY Lien Law, any veterinarian who renders treatment to or boards any dog, cat, or other domestic animal or person keeping a livery stable, boarding stable or pasturing animals has a lien over the animal and any equipment kept …

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Fotolia_64873519_XSUnder Section 183 of NY Lien Law, any veterinarian who renders treatment to or boards any dog, cat, or other domestic animal or person keeping a livery stable, boarding stable or pasturing animals has a lien over the animal and any equipment kept and stored in conjunction with the animal, such as a “wagon, truck, cart, carriage, vehicle or harness”.   Possession of this property is required for this lien.  The bailee may detain the property until the amount due for professional services rendered, care, keeping, boarding or pasturing of the animal or for keeping the wagon, truck, cart, carriage, vehicle or harness, for the amount agreed upon between the parties.

This lien is oftentimes referred to as a “stableman’s lien.”  The keeper of a livery stable or barn who boards horses at a certain monthly rate per stall but does not feed or care for the horses are still entitled to this lien.  See Selner v. Lyons, 110 N.Y.S. 1049 (1908).

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This statutory lien does not apply to a livery stable keeper who takes the horse around the country and enters him/her for horse racesSee Armitage v. Mace, 96 N.Y. 538 (1884).  The court must find that there was an express or implied agreement between the owner of the animal and the bailee.  See Cocciolone v. Nastasi, 773 N.Y.S.2d 452 (2nd Dep’t 2004).  This lien also does not apply to a person who herds or pastures animals as an employee of the owner of animals; this lien is only applicable to independent contractors who provide animal related services.  See Dairy Herd Management Corp. v. Goodwin, 534 N.Y.S.2d 590 (3rd Dep’t 1998).

There is no statutory filing requirement for the stableman’s lien in New York and it is not given priority over other liens.

This is an excerpt from my first book that I co-authored with Pat Dillon, an Iowa agriculture lawyer titled “Field Manual: Legal Guide for New York Farmers and Food Entrepreneurs” available on CreateSpace, Amazon, Kindle and iBooks. You can find out more about this book here.

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