New York Law Journal | Letter to the Editor
By Karen Simmons, Janet Neustaetter and Louise Feld | July 16, 2019
We believe that the case law is clear regarding the role of the child and his or her attorney in custody and visitation proceedings.
By Dan M. Clark | July 12, 2019
Six attorneys from Manhattan law firm Willkie Farr & Gallagher and one of its clients are involved as mentors in the program as of now. Their hope, they said, is that others will follow in the coming years.
New York Law Journal | Analysis
By Joel R. Brandes | July 8, 2019
Does the child have standing to ask for affirmative relief awarding custody to a particular parent? Does the child have full-party status? The paucity of case law reveals disagreement among the Appellate Division Departments.
By Dan M. Clark | June 28, 2019
The measure, which would give family court judges discretion to preserve family bonds when it is in the child's best interest, awaits Cuomo's signature.
New York Law Journal | Analysis
By John Farinacci and Jessica M. Baquet | June 28, 2019
Our courts have seen an increase in lawsuits involving elder exploitation over the last 15 years due in part to the fact that the population is living longer and the elderly are increasingly relying upon caretakers. There are myriad ways in which unscrupulous individuals take advantage of older persons, but not all of them were anticipated by the Legislature.
New York Law Journal | Analysis
By Lorraine R. Silverman | June 28, 2019
While contemplating the potential end of a relationship when adding a pet to a home may seem absurd, the reality is that pets often outlive human relationships. When they do, who gets custody? Is the pet treated like a child with a sharing arrangement? If so, how are expenses for the pet divided? Most importantly, what does the law say?
New York Law Journal | Commentary
By William J. Leahy | June 27, 2019
Publication of these Standards is an important milestone in the ongoing efforts to elevate the quality of public defense representation in New York.
New York Law Journal | Analysis
By Joel R. Brandes | June 13, 2019
Is the less monied spouse the spouse who earns less or the spouse with less assets? Does the shift in financial resources that results from a child support award rebut the presumption that the spouse with a greater income is the ”monied” spouse? Is the less monied spouse the one whose historical earnings are less, or the one whose future earning capacity is less?
New York Law Journal | Analysis
By Esther M. Schonfeld and Alexandra Weaderhorn | June 11, 2019
A recent Second Department decision is adding some confusion to the already complex issues relating to Get refusal and the court's ability to alter the disposition of a case or condition terms on a party's refusal to remove barriers to the other's remarriage.
New York Law Journal | Analysis
By Timothy M. Tippins | June 6, 2019
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.
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