Timothy M Tippins

June 06, 2019 | New York Law Journal

In his Matrimonial Practice column, Timothy M. Tippins writes: In some custody decisions, the court discusses the critical issue of whether and to what extent the disfavored parent's diagnosed disorder impacts his or her functioning as a parent. In others, no such analysis is set forth, leaving the impression that the court simply assumed that the diagnosis conveyed information bearing directly upon the litigant's capacity to parent the child. As discussed in this article, that is not a safe assumption.

By Timothy M. Tippins

18 minute read

March 15, 2019 | New York Law Journal

In his Matrimonial Practice column, Timothy M. Tippins provides a detailed analysis of the recent decision in 'J.F. v. D.F,' which “vividly exemplifies what can happen when experts fail to establish and maintain a clearly defined role in the assignments they undertake.”

By Timothy M. Tippins

8 minute read

January 11, 2019 | New York Law Journal

In his Matrimonial Practice column, Timothy M. Tippins writes: Judicial opinions abundant in facts and rich in thoughtful analysis are as rare as a white peacock. Hon. Richard A. Dollinger has delivered such a rarity in 'J.F. v. D.F.', a determination of a contentious custody dispute. This article addresses the court's development of a specific definition of the complex, controversial and emotionally-charged term, “parental alienation.”

By Timothy M. Tippins

13 minute read

September 05, 2018 | New York Law Journal

In his column on Matrimonial Practice, Timothy M. Tippins explores some of the evidentiary issues presented when computer-based test interpretations are used by expert witnesses.

By Timothy M. Tippins

11 minute read

July 18, 2018 | New York Law Journal

In his column on Matrimonial Practice, Timothy M. Tippins explores the current controversy regarding the reliability of psychological testing in custody determinations.

By Timothy M. Tippins

3 minute read

February 28, 2018 | New York Law Journal

Matrimonial Practice columnist Timothy M. Tippins writes: The recent decision of the Appellate Division, Third Department, in 'Montoya v. Davis', presents an interesting example of the interaction of custody factors. It also presents some anomalies that raise questions regarding the consistency of appellate review of custody decisions.

By Timothy M. Tippins

14 minute read

January 03, 2018 | New York Law Journal

Matrimonial Practice columnist Timothy M. Tippins writes: A developing body of case law holds that the dynamic of parental influence/alienation also impacts the role of the attorney for the child.

By Timothy M. Tippins

9 minute read

November 01, 2017 | New York Law Journal

In his Matrimonial Practice column, Timothy M. Tippins discusses 'L.M.L. v. H.T.N.', which involved an application for interim exclusive possession of the marital residence. The decision substantially recasts one of the traditional standards governing the grant of such relief.

By Timothy M. Tippins

23 minute read

September 06, 2017 | New York Law Journal

Matrimonial Practice columnist Timothy M. Tippins writes: Justice Potter Stewart famously quipped that although he could not define pornography, "I know it when I see it." Bias presents the opposite problem. It can be readily defined but you do not necessarily know it when you see it. Given that custody evaluators are as susceptible to bias as anyone else and because bias can destroy the reliability of their conclusions, it is imperative that lawyers and judges be able to recognize its telltale signs.

By Timothy M. Tippins

19 minute read

July 06, 2017 | New York Law Journal

Matrimonial Practice columnist Timothy M. Tippins writes: Although sometimes called a standard, "best interests of the child" is not. It is in no way an operationally defined specification. It is at best a legal construct representing an aspiration, one laden with personal, social, cultural and moral value judgments.

By Timothy M. Tippins

9 minute read