Robert Z Dobrish

February 22, 2022 | New York Law Journal

This article provides a look at New York case law developed over the years which signal some judicial recognition of a presumption of joint legal custody in spite of the state's history of holding otherwise.

By Robert Z. Dobrish and Sophie Heinlein

7 minute read

December 23, 2021 | New York Law Journal

This article provides look at what the authors believe to be a feasible solution to the procedural obstacles created by the hearing requirement in custody cases including the need for judges to clarify and expand the applicability of the currently narrow exception to the requirement.

By Robert Z. Dobrish and Elodie E. de Bethmann

7 minute read

June 19, 2013 | New York Law Journal

Robert Z. Dobrish, a member of Dobrish Michaels Gross, writes that the written report of the neutral forensic mental health professional is probably the single most significant document in a custody determination, but counsel cannot depose that expert under current rules.

By Robert Z. Dobrish

12 minute read

February 06, 2012 | New York Law Journal

Robert Z. Dobrish, a member of Dobrish Michaels Gross, writes that the Association of Family and Conciliation Courts Child Custody Consultant Task Force has taken on the job of recommending guidelines for mental health professionals who are brought into the process of custody evaluations for the purpose of assisting attorneys.

By Robert Z. Dobrish

12 minute read

July 29, 2011 | New York Law Journal

Robert Z. Dobrish, senior partner at Dobrish Zeif Gross, writes that in matrimonial cases, the perception of gender bias runs high particularly among litigants, with unsuccessful fathers claiming that mothers receive preferential treatment. While the complaint may often sound like sour grapes, there is evidence indicating that bias exists among those who are called upon to assist in making custody determinations.

By Robert Z. Dobrish

13 minute read

April 13, 2005 | New York Law Journal

Robert Z. Dobrish, a member of Dobrish & Wrobel, and Raunak Kothari, a consultant with the firm, write that, in custody proceedings, one of the more significant pieces of information is the evaluation performed by a mental health professional (MHP). Recently, there has been a spate of criticism claiming that MHPs lack the expertise to participate in the process to the extent they have been called upon. They explore the basis of that criticism.

By Robert Z. Dobrish and Raunak Kothari

17 minute read

September 16, 2008 | New York Law Journal

Robert Z. Dobrish, a matrimonial attorney, writes that what, if any, parental rights are lost when a divorced parent loses or gives up custody has troubled practitioners for some time, and the lack of definitive answers has fueled significant litigation. Now New York's highest court is being given the opportunity to clarify a parent's residual rights.

By Robert Z. Dobrish

10 minute read

August 11, 2009 | New York Law Journal

Robert Z. Dobrish, the senior member of Dobrish Zeif Gross, writes that recently, a court rejected an arrangement that was inconsistent with the wishes of the children despite both parents' belief that it was in the children's best interests. The case was unique in its posture in that both parties stipulated to the facts and asked the court to decide the issue. Thus, a most interesting question remains: What would have happened if the parties had resolved the issue in a manner which was antagonistic to the desires of the children, but both parents sought to withdraw their proceeding and objected to the court's making its own determination? Would/should the court then have had the ability/temerity to make non-critical child rearing decisions when the child's parents made different choices?

By Robert Z. Dobrish

10 minute read

April 13, 2011 | New York Law Journal

Robert Z. Dobrish, senior partner at Dobrish Zeif Gross, writes that the elephant in the room in all cases of an unhappy client and a lawyer owed money is the specter of a grievance or malpractice action, and a seasoned attorney can often smell a malpractice claim coming by the way the client speaks and writes.

By Robert Z. Dobrish

11 minute read

May 13, 2009 | New York Law Journal

Robert Z. Dobrish, a member of Dobrish Zeif Gross, and Dalit A. Yarden, a former associate with that firm, now with Moses Preston & Ziegelman, write that matrimonial cases in the First and Second departments are unique, since the rules relating to discovery in these departments differ from the rules in other departments - and, in general, from the rest of the United States.

By Robert Z. Dobrish and Dalit A. Yarden

10 minute read