Eric Wrubel

July 17, 2023 | New York Law Journal

This article will explore the role, if any, the subject child's views and voice play in a parentage proceeding where the putative parent's claim is either based in equitable estoppel or application of the test set forth by the New York Court of Appeals in Brooke S.B. v. Elizabeth A.C.C.

By Eric Wrubel

8 minute read

March 14, 2022 | New York Law Journal

To fix the child custody system requires an acknowledgment that "the system" is broken. The legal system is ill-equipped to handle the dissolution of the family and its re-ordering post-divorce.

By Eric Wrubel

5 minute read

August 06, 2020 | New York Law Journal

Prior to March 18, 2020, fathers typically would demand 50/50 access time with their child following a divorce. Amid the pandemic, the custodial landscape has experienced a tectonic shift. Both litigants, lawyers and judges have had seismic experiences which will likely shift their approach to custodial issues in New York courts.

By Eric Wrubel

5 minute read

June 18, 2018 | New York Law Journal

A recent decision on appeal to the Appellate Division, First Department (K. v. C.) suggests that a hierarchy exists to parental creation whereby biology sits at the top of the ladder and the Court of Appeals' recently devised preconception agreement rests at its lowest rung.

By Eric Wrubel

10 minute read

January 21, 2015 | New York Law Journal

Eric Wrubel writes: Notwithstanding the U.S. Supreme Court's Windsor decision and New York State's passage of the Marriage Equality Act, same-gender married couples with children in New York face daunting challenges when their marriages end. In the absence of a statute permitting a de facto parent from seeking custody and visitation rights, courts are being forced to terminate parent-child relationships in direct contravention of the best interests of those children.

By Eric Wrubel

12 minute read

January 20, 2015 | New York Law Journal

Eric Wrubel writes: Notwithstanding the U.S. Supreme Court's Windsor decision and New York State's passage of the Marriage Equality Act, same-gender married couples with children in New York face daunting challenges when their marriages end. In the absence of a statute permitting a de facto parent from seeking custody and visitation rights, courts are being forced to terminate parent-child relationships in direct contravention of the best interests of those children.

By Eric Wrubel

12 minute read