By Merril Sobie | April 26, 2024
To an observer, Family Court appears to be, with minor exception, similar to every judicial tribunal. However, the foundation, philosophy, and experiences of Family Court are unique.
6 minute read
By Elisa Reiter and Daniel Pollack | April 25, 2024
At a recent Florida administrative hearing, the judge had to decide this issue: "Is Florida Administrative Code Rule 65C-16.002(5)(c) an invalid exercise of delegated legislative authority as defined in section 120.52(8)(b), Florida Statutes (2023), because it exceeds its grant of rulemaking authority?"
9 minute read
By Elisa Reiter, Daniel Pollack and Jeffrey C. Siegel | April 25, 2024
According to a survey sponsored by the OJJDP, 1 in 15 children are exposed to intimate partner violence each year; 90% of them are eyewitnesses to domestic violence incidents. From a legal perspective, are there some approaches and strategies to keep in mind when the alleged perpetrator is the "new parent" and the eyewitness is their stepchild rather than biological child?
9 minute read
By Alton L. Abramowitz and Leigh Baseheart Kahn | April 23, 2024
In 1907, the state of New York made it a crime to commit adultery. That Class B misdemeanor was carried over from prior law when the Penal Law was revised in 1965. Now, New York State Assembly Bill No. 4714 calls for the repeal of that provision.
12 minute read
By Riley Brennan | April 19, 2024
The wife, also an attorney, argued that the trial court erred in applying a fertility clinic's declaration of intent contract without balancing the parties' interests when determining the proper disposition of the 14 frozen embryos.
6 minute read
By Rebecca L. Palmer | April 19, 2024
Communal activities that focus on something beyond your problems can teach your children the importance of global awareness and giving back to your community no matter what you might be dealing with in your personal life. And there's no better day to refocus your energies on something positive than Earth Day.
5 minute read
By Sondra Mendelson-Toscano | April 18, 2024
While she never considered family law to be a practicable option personally, Nassau County Support Magistrate Sondra Mendelson-Toscano unexpectedly found herself handling Family Court cases, saying "Since then, I have never practiced any other type of law because the experience changed me forever for the better. Working in Family Court is the best kept secret of the court system where jurists are able to make a positive difference every day."
7 minute read
By Joel R. Brandes | April 17, 2024
Joel R. Brandes responds to Michael Liptrot's article, "Differences Between Annulment and Divorce", which the New York Law Journal published on April 8.
3 minute read
By John A. Zurzola | April 16, 2024
Kayden's Law represents needed but nonetheless sweeping changes to the way that courts and judges examine the huge responsibility of awarding child custody to parties when the risk of harm to a child is or could be at issue.
7 minute read
By Robert Z. Dobrish and Lee Rosenberg | April 15, 2024
Prior to the Child Support Standards Act, there was a wide disparity of child support awards due to a lack of clear standards and formulas. In 1995, the Court of Appeals stepped in to provid guidance, offering two ways to calculate an award: One is by setting a cap and the other is by demonstrating proven costs. Authors Robert Dobrish and Lee Rosenberg offer their thoughts on this hot-button issue of why judges seem to favor the cap method over the other.
11 minute read
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