Family Law

  • New York Law Journal | Expert Opinion

    Trends in Parenting Plans and the Impact of COVID on Parenting Time

    By Eric J. Broder | September 22, 2023

    Today, largely due to the impact of COVID and the ability of parents to work remotely, from home, or substantially reduce their travel and commute time, a shared parenting plan is closer to the norm. The trend is for parents to develop (or have courts impose on them) a schedule that enables children to have roughly equal time with both parents. This article looks at the various ways to accomplish that goal.

  • New York Law Journal | Analysis

    The Fundamental Right to a Fair Trial

    By Joel R. Brandes | September 17, 2023

    The Fifth Amendment to the U.S. Constitution provides, in part, that no person shall be "deprived of life, liberty or property without due process of law." The Fourteenth Amendment contains the same words. It prohibits the states from depriving any person of life, liberty or property, without due process of law.

  • New York Law Journal | Expert Opinion

    How To Deal With a Child Victims Act Client With a Weak Case

    By Helene M. Weiss and Daniel Pollack | September 8, 2023

    A discussion of the issues involved in the difficult decision to bring a lawsuit by a child sexual abuse survivor where the attorney must be sensitive to the client's experience, yet frank about possible case outcomes.

  • New York Law Journal | Analysis

    Daughters of Divorce Must Pay Sorority Expenses—Sometimes

    By Alan Feigenbaum | September 1, 2023

    In a New York divorce, who pays for sorority expenses? We can look to Judge Sondra Mendelson-Toscano's decision in C.A.B. v. D.S.B. for guidance. The focus of this article will be the mother's request in C.A.B. to hold the father responsible for reimbursing her with his pro rata share of their daughter's sorority costs.

  • New York Law Journal | News

    New York City Family Court Searching for Support Magistrates

    By Emily Saul | August 21, 2023

    New York City Family Court support magistrates oversee matters including initial formal hearings for support and paternity proceedings. The deadline for applications is Aug. 29.

  • New York Law Journal | Analysis

    Prenups: Recent Controversies Over Plans for Perpetuity

    By Alton L. Abramowitz | August 14, 2023

    The case law surrounding the interpretation and enforcement of prenuptial agreements has become more profound and robust as time has worn on, making it interesting to and essential for family, estate and divorce law practitioners to review recent judicial precedents on a regular, periodic basis to look for guidance in assisting their clients seeking to engage in the private ordering of their new family's financial affairs as they enter into a marriage.

  • New York Law Journal | Analysis

    Criminal Contempt in Matrimonial Actions

    By Joel R. Brandes | August 11, 2023

    A failure to comply with a custody or visitation order, an order directing payment of maintenance and child support, a temporary restraining order, or other lawful order in a matrimonial action, as in any other action, may result in a finding of criminal contempt of court where the court finds that there has been willful disobedience to its lawful mandate.

  • New York Law Journal | Best Practices|Expert Opinion

    Avoiding Privilege Pitfalls in New York Divorces

    By Jillian E. Gross | August 2, 2023

    Unintentionally waiving privilege or engaging in communications that fall outside privilege from the start can put both the client's interests and the attorney-client relationship at risk.

  • New York Law Journal

    Parentification, Infantilization, and Adultification: How Might They Impact a Family Law Case?

    By Elisa Reiter, Daniel Pollack and Jeffrey Siegel | July 26, 2023

    The corruption of a child's normal role in the family unit can increase the child's risk of dysfunction—socially and emotionally—when the child attains adulthood. When a parent begins to rely on the child for emotional support, especially in times of conflict within the family, and the parent comes to depend on the child for emotional support and protection, then the situation has become problematic and may be characterized as parentification.

  • New York Law Journal | Expert Opinion

    Six Misconceptions About Divorce in New York

    By Michael Mosberg | July 24, 2023

    Divorce can be complicated and contentious. Clients' ill-informed expectations and decisions based on their mistaken beliefs about divorces in New York will only increase the complexity and contentiousness. This article sets out to dispell some misconceptions to make for a smoother divorce process.

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