Timothy M. Tippins Shakespeare in Court: The Tragic Case of 'Austin ZZ. v. Aimee A.'
In a previous edition of his Matrimonial Practice column, Timothy M. Tippins called attention to the fact that the "willingness to foster" factor in custody litigation—the disposition of one parent to foster the relationship between the child and the other parent—was emerging as something of a super-factor, wielding a force capable of swamping an array of other variables that cut in the opposite direction. As Tippins discusses in today's column, a recent appellate decision seems to propel this factor to an apotheosis of power previously unimagined.
May 12, 2021 at 12:45 PM
13 minute read
Nearly a decade ago, this column called attention to the fact that the "willingness to foster" factor in custody litigation—the disposition of one parent to foster the relationship between the child and the other parent—was emerging as something of a super-factor, wielding a force capable of swamping an array of other variables that cut in the opposite direction. Timothy M. Tippins, "Child Custody Factors: Relationship With Both Parents Gains in Importance," NYLJ (Jan. 3, 2013). A recent appellate decision, Austin ZZ. v. Aimee A., 191 A.D.3d 1134 (3d Dep't 2021), seems to propel this factor to an apotheosis of power previously unimagined. This article will explore the trove of tragic consequences that can ensue from rigorous application of this factor.
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