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New York Law Journal

Child Custody: The Dangers of 'Rules of Thumb'

“Despite the multitude of factors and considerations that comprise the best interests doctrine, the current (and, potentially, dangerous) matrimonial zeitgeist is to sometimes favor a ‘rule of thumb’ approach rather than a true best interests analysis.” 
3 minute read

New York Law Journal

Justice Delayed is Justice Denied

For many reasons, family court cannot resolve most child protective and custody cases with any semblance of timeliness and hence justice, the author writes.
8 minute read

The Legal Intelligencer

The Use of Psychologists as Coaches/Trial Consultants

Solid psychological research can help trial attorneys reveal how jurors’ values and attitudes may impact upon their perception about the evidence an attorney is planning on presenting. Naturally, the more persuasive the case narrative is, the more it will enhance the settlement stance.
6 minute read

New York Law Journal

Shifting Sands: May a Court Properly Order the Sale of the Marital Residence During a Divorce’s Pendency?

Historically, it has been well settled that courts could not direct the sale of a marital residence during the pendency of a divorce. However, as New York has moved to a no-fault divorce regime, courts have begun to question this approach and have instead ordered the sale of marital residences where an equitable outcome so requires.
9 minute read

New York Law Journal

Joint Custody Awards in New York – The Current Rule

The author writes "There is no consensus in New York as to a precise definition of joint custody, and its meaning may lie in the eyes of the beholder. Theoretically, it involves two elements: (1) physical possession of the child, and (2) shared decision-making. Joint custody may take many forms."
15 minute read

The Recorder

The Rise of Female Breadwinners: Challenging Traditional Divorce Dynamics

Financial advisers note that female breadwinners face distinct challenges in protecting their assets during divorce. Many have built successful careers while maintaining primary responsibility for the household, leading to complex discussions about contributions to marital assets.
4 minute read

New York Law Journal

Family Court 2024 Roundup: Part II

In Part 2 of her two-part series, Cynthia Feathers of the Albany County Public Defender’s Office discusses neglect, stays, summary judgment and UCCJEA decisions as well as some unusual cases with surprising outcomes.
10 minute read

Texas Lawyer

Nondisparagement Clauses in Divorce: Balancing Family Harmony and Free Speech

Nondisparagement clauses are frequently scrutinized for potentially infringing on First Amendment rights. How do litigants, and their representatives, balance the complex interplay between family law and Constitutional rights? What’s the difference between disparagement and complaining? What are the implications of these competing forces for divorcing couples in Texas and beyond?
6 minute read

New York Law Journal

Family Court 2024 Roundup: Part I

In Part I of her two-part article, Cynthia Feathers of the Albany County Public Defender’s Office discusses selected Appellate Division decisions rendered last year in Family Court cases. This part covers decisions about attorneys for children, bias, counsel for parents, defaults, and dissents. Part II will discuss neglect, stays, summary judgment and UCCJEA decisions as well as unusual cases with surprising outcomes.
10 minute read

New Jersey Law Journal

Avoiding Discrimination and Hurtful Language

The New Jersey legal system defines parents as natural, when they have biological children or are parents by previous adoption. This language must be changed from both legal and humanistic perspectives. There is no fundamental reason to define biological parents or parents by previous adoption differently than the people who become parents of children through other avenues.
4 minute read

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