The Harding Law Firm News

Understanding Commercial Litigation & Breach of Contract

The Harding Law Firm - Tuesday, March 18, 2014

Being a business owner comes with a set of responsibilities that one rarely anticipates. It’s not easy to own and run a business, but luckily, if a legal dispute arises, a commercial litigation attorney can help you navigate through the process.

However, a dispute regarding your business will divert your attention from your customers and usually results in a disruption of your business income. Disputes can also negatively affect your business reputation and image in the community. Taking care of the issue(s) with an attorney can help you get back on track to running your business and keeping your attention where it needs to be.

Common Reasons People Use an Attorney for Business Disputes:

• Breach of Contract

• Tortious Interference

• Corporate Disputes

Breach of contract is very common. When faced with making a decision in a breach of contract dispute, the trier of fact must consider the rule that encompassed within the implied obligation of each promisor to exercise good faith are any promises which a reasonable person in the position of the promisee would be justified in understanding were included in the contract. This rule of law embraces a pledge that "neither party shall do anything which will have the effect of destroying or injuring the right of the other party to receive the fruits of the contract."

When business disputes arise, you need a New York commercial litigation attorney to help you resolve the matter through negotiation, alternative dispute resolution or litigating the matter in court.

If you’d like more information or to schedule a free consultation, please call us at 518-384-3400 or email us directly.

Understanding Child Custody in New York State: The Basics

The Harding Law Firm - Tuesday, March 11, 2014
child custody

What does the word “Custody” actually mean in New York?

Understanding child custody can be difficult and confusing in New York State. But for the sake of your children or child and their overall well-being, it’s vital to have at least a comfortable understanding.

First, know is that Custody has two (2) parts in New York. The first part is Legal custody which refers to the right and responsibility to make important decisions for a child. The second part is Physical custody which refers to the place where the child resides. The term ‘primary physical custody’ usually refers to the parent who has physical possession of the child more than 50% of the time. The day-to-day decisions that impact the child are usually made by the parent who has physical custody.

Another important thing to understand is that there are various types of custody that can be awarded by a judge.

1. “joint legal custody” which refers to a situation where the child’s parents have the right and responsibility to make major decisions, such as those affecting religion, education and elective health care regarding the child together.

2. “sole legal custody” which is when just one parent has the right to make those decisions for the child.

How do courts in New York State decide custody disputes?

Courts decide this issue by considering many factors, including the parent’s work schedules, parenting skills, the mental and physical health of each parent, history of domestic violence, and depending on age, the child’s wishes. However, a primary consideration is which parent has a history of providing the primary care for the child.

When custody disputes arise, trust The Harding Law Firm to help you navigate your way through this difficult process.

If you’d like more information or to schedule a free consultation, please call us at 518-384-3400 or email us directly.