By Alan Feigenbaum | December 11, 2023
Alan Feigenbaum discusses Nassau County Judge Edmund M. Dane's recent decision in 'T.H. v. G.M.'
7 minute read
By Michael E. Bertin | December 8, 2023
In 2019, an important case was decided by the Pennsylvania Superior Court. That case was RL v. MA. The RL case pertained to a custody dispute between a same-sex couple. In Pennsylvania's Child Custody Act, there is only one presumption.
7 minute read
By Jennifer Weisberg Millner and Robert F. Morris | December 8, 2023
Divorce can be a challenging and emotionally draining experience, leaving soon-to-be-ex-spouses with many legal and personal matters to resolve. Amidst all the turmoil, it is vital for individuals going through a divorce to understand the significance of updating their beneficiaries on their various accounts and financial instruments. Failing to do so after a divorce is final can have serious consequences.
9 minute read
By Jane Wester | December 7, 2023
Attorneys say they hope their case will end the practice: "We're proud to take on this fight to protect basic American freedoms, said Orrick's Naomi Scotten.
4 minute read
By Elisa Reiter, Daniel Pollack and Jeffrey Siegel | December 7, 2023
Consultants can help litigants learn to better adapt, to communicate politely and succinctly, and to help give children stable homes and healthy choices. Should their artistry be disclosed in discovery?
7 minute read
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
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