New York Law Journal | Analysis
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
By Chaim Steinberger | March 5, 2020
When is a prenup worth Its danger?
New York Law Journal | Analysis
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
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
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
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
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.
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
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.
By Sharon L. Klein | January 17, 2020
Review some of the significant developments, lessons and reminders from 2019.
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