If you are preparing any type of a parenting or custody agreement, I strongly suggest that you retain in the agreement language that no one else will be called mother or father, and that the child will not be known by any other surname but the surname that was given to the child at the [...]
Once again, the Appellate Division in New York gave another win to a father seeking joint custody. (Matter of Brady J.S. v. Daria A.B. 439 CAF 21-00093 August 4rth). A decision was rendered that found that a father had established a change in circumstances, granting him joint legal custody with the mother and the grandparents [...]
There have been a number of recent international custody cases involving the Hague Convention. The purpose of the Act was to protect children from being abducted by a parent in a custody case and fleeing to a country outside of the United States as well as protecting children from other countries whose parent absconds to [...]
A recent case came out of Family Court In the Matter of Scott May 20, 2022, a decision about a respondent who abused and neglected her daughter. The court concluded that the respondent's conduct endangered the child and that she lacked fitness to regain custody, and that it was in the child's best interest to remain with the [...]
There was another recent case out of the Fourth Department Appellate Division whereby a Petitioner appealed the Family Court order awarding the aunt sole custody of her child. After hearing the court considered testimony from the parties and submissions of the threatening text messages and web posts by the mother against the aunt. The mother [...]
There was another recent family law COVID case of interest out of the Supreme Court Nassau County. What I found interesting about this case is it is not only a case about COVID vaccinations, vaccinations of children, and about joint decision making; but what was fascinating was the way the court dealt with the decision about [...]
One of the most rewarding aspects of my career and profession is representing adoptive parents. It is one of the most joyous events that I participate in and such a celebration of life. I am an advocate for a child having both parents in their lives and a good relationship with both parents. I a have [...]
Parental alienation (PA) is a strategy one parent uses to brainwash, manipulate, or program a child to reject or resist contact with the other parent. Dr. William Bernet states in “Parental alienation: Science and law”, ‘parents who program or brainwash their children virtually always blame others for problems, issues and circumstances that arise.’ There is much damage done [...]
In custody and visitation cases where there is an existing order that is challenged, or you want to modify an existing order or judgment, the legal burden remains that you must show a change in circumstance. In recent years, there have been a number of cases that have relied on the underlying legal precedent of best [...]
I have been teaching a divorce-healing workshop sponsored by the New York Archdiocese. It is a 12-week program, and there is a 30-minute taped lecture on specific topics relevant to divorce and separation. Last week, one of the topics was anger. The speakers explained how a divorce can cause pain, unforgiveness, and resentment. One of [...]