Family Law

  • New York Law Journal | Analysis

    Custody Rights of Non-Biological Partners

    By Joel R. Brandes | March 11, 2020

    New York custody determinations have always been based upon our public policy that courts should do what is in the best interest of the child. However, custody determinations have been subordinated to the right of biological parents to bring up their children as they see fit, absent interference from the state unless the child's best interests would be endangered. In his Law and the Family column, Joel R. Brandes discusses how public policy has been eroded in recent years to accommodate "increasingly varied familial relationships."

  • New York Law Journal | Analysis

    The Perils of Prenups: Part II

    By Chaim Steinberger | March 5, 2020

    When is a prenup worth Its danger?

  • New York Law Journal | Analysis

    Illusions, Delusions and Myths: Clinical Judgment Through the Ages

    By Timothy M. Tippins | March 4, 2020

    Social science research has convincingly demonstrated that the opinions of mental health professionals simply cannot be trusted when they are not supported by research-validated knowledge. The significance of that research extends beyond the ivy-covered walls of academia; it also has profound implications for the courtroom when purported experts come knocking. In his Matrimonial Practice column, Timothy M. Tippins explores those implications in a historical context and describes recently reported research suggesting that courts are being less than vigilant gatekeepers in the face of shoddy mental health testimony.

  • New York Law Journal | Analysis

    Implications of DNA Registries for Trust and Estate Practitioners

    By Raymond Radigan and Jennifer F. Hillman | February 28, 2020

    Chances are that you or a family member has undergone a genetic data analysis through one of the many DNA analysis services out there. The results can be interesting and informative, but there are some far-reaching implications. In their Trusts and Estates Law column, C. Raymond Radigan and Jennifer F. Hillman discuss issues that trust and estate attorneys may encounter in their practices relating to these implications.

  • New York Law Journal | Analysis

    Court Consolidation and Divorce: 'Difficult Path Ahead … But Change Must Come'

    By Alton L. Abramowitz | February 27, 2020

    In his Divorce Law column, Alton L. Abramowitz discusses the proposed court consolidation in the context of family law, writing that "the key to unlocking the resolution of family law disputes on a cooperative basis among parents and spouses, outside of the forum of contested litigation, can be found in a consolidated court system."

  • New York Law Journal | Analysis

    The Perils of Prenups: Part I

    By Chaim Steinberger | February 27, 2020

    Asking for (read: demanding) a prenuptial agreement creates significant risk to the pending nuptials and, for many, provides no real benefit while simultaneously creating substantial risk.

  • New York Law Journal | Analysis

    Children Testifying About Abuse in the Context of Custody

    By Toby Kleinman and Daniel Pollack | February 21, 2020

    Many attorneys are reluctant to ever consider allowing a child to testify in a matter. In this Family Law column, Toby Kleinman and Daniel Pollack discuss various considerations that factor into the decision.

  • New York Law Journal

    Tax Act's Impact on Spousal Maintenance, One Year Later

    By Eric A. Tepper, Chair, Family Law Section | January 24, 2020

    Eric A. Tepper, Chair of the NYSBA Family Law Section, discusses how matrimonial attorneys and judges have grappled with the Tax Cuts and Jobs Act over the past year.

  • New York Law Journal | Analysis

    Boomers, Beware: Predatory Marriage and New York's Elective Share Law

    By Yolanda Kanes, Maryann Stallone and Amanda Leone | January 21, 2020

    While the New York legislature may have had the best of intentions when it drafted and enacted the elective share statute, over the last decade, opportunistic individuals have increasingly abused the statute to take advantage of our most vulnerable citizens: the elderly.

  • New York Law Journal

    Top 10 Developments, Lessons and Reminders of 2019

    By Sharon L. Klein | January 17, 2020

    Review some of the significant developments, lessons and reminders from 2019.

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