New York Law Journal | Analysis
By Alan Feigenbaum | June 7, 2022
While divorce lawyers should be zealous advocates for their clients, there's a clear line between zealous advocacy and destructive advocacy.
New York Law Journal | Analysis
By Ilene Sherwyn Cooper | June 3, 2022
This column addresses several decisions of interest recently handed down by the Surrogate's and Appellate Courts.
New York Law Journal | Commentary
By Toby Kleinman | May 20, 2022
Advocates for protective parents need to be prepared to actually litigate when it comes to child protection and to be knowledgeable as to how to deal with attacks on good parents.
New York Law Journal | Commentary
By Daniel Pollack and Julia Sands | May 19, 2022
From a legal perspective, how much is too much, such that it becomes abusive or might even be construed as forced labor?
By Brian Lee | May 12, 2022
Pointing to the murder of 20 children in New York by a parent during a child custody case, divorce or separation the last five years, Mudita Chawla, a partner with Chemtob Moss Forman & Beyda, said she believes "Kyra's Law" could protect families from additional tragedies.
New York Law Journal | Analysis
By Joel R. Brandes | May 10, 2022
New York courts have repeatedly recognized the effects of alienating behavior by a parent on children in custody and visitation determinations.
New York Law Journal | Analysis
By Raymond Radigan and Kassandra Polanco | April 29, 2022
With court approval, a guardian can jointly control guardianship funds with a bank, credit union, or other financial institution. This type of investment agreement can significantly benefit the infant, while also providing the Surrogate with security in knowing that an established financial institution is a party to the agreement and subject to the Surrogate's oversite.
By Alan R. Feigenbaum | April 25, 2022
New York seems to be on the precipice of making a choice when it comes to its divorce laws: fostering conflict resolution, or fostering conflict escalation.
New York Law Journal | Commentary
By Sherry Levin Wallach | April 21, 2022
The newly enacted state budget shortchanged some of the poorest and most marginalized New York residents by failing to provide adequate funding for assigned counsel in criminal and family courts.
New York Law Journal | Analysis
By Joel R. Brandes | April 8, 2022
Where the combined parental income exceeds the "income cap," the test in the First and Second Departments is whether the child is receiving enough to meet his or her "actual needs and the amount required to live an appropriate lifestyle." In contrast, the Third and Fourth Departments have held that where the combined parental income is well in excess of the income cap, it is proper to consider and base the award upon the child's "actual reasonable needs."
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