By Mariko Hirose | December 7, 2023
When a U.S. citizen marries a noncitizen, the foreign spouse does not automatically obtain the right to live in the United States permanently. Instead, if the spouse does not have permanent status already, the U.S. citizen must submit a petition and accede to the process of proving the marital relationship to USCIS. Should the consular officer's fateful decision to issue a spousal visa be subject to any degree of judicial oversight? In a petition for certiorari before the U.S. Supreme Court, the Solicitor General is urging the court to take up the question and answer it in the negative to the detriment of millions of U.S. citizens.
6 minute read
By Peter J. Galasso | December 6, 2023
Peter Galasso has previously argued to multiple jurists that AFCs should not be appointed to represent toddlers in child custody cases. Due to the absence of guidance from the Appellate Division, this argument has yet to gain traction in the minds of judges responsible for the appointment of AFCs for toddlers. To safeguard the integrity of the judiciary and to save our clients a substantial amount of money in the process, this misguided practice needs to end.
11 minute read
By Gus Dimopoulos | December 5, 2023
In this three-part series, Gus Dimopoulos uses recent decisions such as Kassenoff v. Kassenoff and Walsh v. Russell to discuss the detrimental effects of social media on children in divorce cases and the importance the above rulings have on protecting children of divorcing parents. This final part looks at what's being done to stop harmful content at its source, and how the New York court administration should make the benefits of recent holdings available to all divorce litigants and their children through standing, automatic orders precluding disparaging posts about the parties and their children.
12 minute read
By Lawrence J. Persick | November 28, 2023
I think we are all starting to see how this piece of federal legislation has caused a headache for state courts. While state court judges are not actually making immigration determinations, they are being asked to make all of the factual determinations underlying an immigration decision and, with a number of judges, that does not sit well.
10 minute read
By Gus Dimopoulos | November 28, 2023
The use of social media as a weapon in custody cases is a pressing concern. In February and March, he Appellate Division, Second Department ruled on two groundbreaking cases that address the issue—Kassenoff v. Kassenoff and Walsh v. Russell—deciding that narrowly tailored orders prohibiting a divorce litigant from posting on social media during a divorce are constitutionally permissible if the speech to be restrained is likely to produce a serious danger to children. In his three-part series, Gus Dimopoulos, a representative for Allan Kassenoff, the litigant who succeeded in obtaining an order prohibiting social media posting in his divorce, examines the importance the above rulings have on protecting children of divorcing parents. This Part 2 looks at how social media companies and the courts are falling short on providing protection to children.
6 minute read
By Matheu D. Nunn, Linda Torosian and Alyssa S. Engleberg | November 24, 2023
Divorce litigants do awful things to each other—and children—in the context of matrimonial litigation, but allegations of parental alienation are serious and can have a significant impact on the case. There are several "camps" of parental alienation advocates and detractors. There are the "true believers" who believe that parental alienation is a condition, and others believe it is junk science.
10 minute read
By Rebecca L. Palmer | November 21, 2023
As we all stand on the cusp of the holiday season, your closest friends may inspire your holiday joy and act as your lifeline to positive mental health.
4 minute read
By Gus Dimopoulos | November 21, 2023
In his three-part series, Gus Dimopoulos uses recent decisions such as and 'Kassenoff v. Kassenoff' and 'Walsh v. Russell' to discuss the detrimental effects of social media on children in divorce cases and the importance the above rulings have on protecting children of divorcing parents. Part Two in this series will look at how social media companies and the courts are falling short on providing protection. Part Three will examine what's being done about it.
5 minute read
By Riley Brennan | November 20, 2023
"We do not find that, based on the allegations in the Amended Complaint, the asserted casual connection between Dicke's conduct and the Resors' loss is too speculative as a matter of law to sufficiently plead a legal malpractice claim," Judge Mark C. Miller wrote for the court. "Further supporting this finding is the (alleged) fact that, after the Resors hired alternate legal counsel, they succeeded in having the three dependency cases dismissed and gained back custody of their children."
6 minute read
By Lauren Waddell | November 20, 2023
In family law cases, the most important consideration is whether or not the parent's actions demonstrate that the parent prioritizes the needs of the child.
8 minute read
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