This month I want to discuss the implications of two recent decisions from my original home turf of western New York: one involving the ability of the courts to restrict an otherwise lawful activity that is alleged to be harmful to children and the other involving the nature of the law guardian’s role. Before proceeding further, I do want to mention that I have matters where some of these issues may be directly involved as they would be in many custody cases and the reader should bear that in mind in what follows.
Seminal Case on Smoking
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