Category Archives: Custody

Court Affirms Same-Sex Spouses as Parents

The Monroe County Supreme Court recently affirmed same-sex spouses are both parents to a child born during their marriage. The state of New York, when appropriate, seeks to legitimatize the parenthood of two people who are parents to a child of their marriage. In this case, the birth mother of a child born into a… Read More »

When Pet Custody is an Issue

Many couples and families own beloved pets. The ties that bind humans to animals sometimes outlast those of human relationships. When that happens, sparks fly when one spouse decides Fido is leaving with him or her. In a recent survey, the American Association of Matrimonial Lawyers (AAML), reported more than a quarter of its members… Read More »

Summertime Blues: Co-Parenting When School is Out

As summer comes on, so do challenges for parents who share custody during the summer. Working out a parenting time plan is required for parents of minor children in New York. A parenting plan includes details on how time with children is shared when school is out. Summer parenting arrangements can be court-ordered or created… Read More »

Going for the Gold: The Bode Miller Custody Case Continues

For many parents, battles over custody are long and uncertain. The case of Samuel Bode Miller-McKenna is no different. A contentious legal action arose when Sara McKenna, now of New York, became pregnant after dating Olympic skiing champion Bode Miller, who resides in California. Mr. Miller, who initially showed no interest in the pregnancy, vigorously… Read More »

Fathers’ Increasing Availability

Since the sub-prime mortgage crisis of 2008, subsequent economic hardship coupled with an increasing unemployment rate for men has resulted in more “out of work” or “available” fathers.  These fathers have morphed their lives into more accessible work schedules and/or working from home.  As a result of this, men are achieving custody in great numbers… Read More »

Happy Meal Tantrum Leads to Bitter Custody Battle

In November of 2013, a tantrum over the refusal of a New York dad to give his son a Happy Meal led a psychologist to label him an “unfit father.”  Recently, the judge in the matter warned the parties to settle their differences or see their four-year old child hauled into her courtroom.  Earlier in… Read More »

Contested Custody and Forensic Reports in New York

Reality often seems to take a walk during the heat of a bitter custody battle. In January, a prominent neurosurgeon tried to take a walk with a court report concerning his children—and was arrested.  Dr. Eric Braverman is a well-known Manhattan surgeon, radio personality and author of anti-aging books. Wisely or not, Dr. Braverman is… Read More »

Mother Fails to Provide Evidence of Enhancement in Relocation Bid

A recent bid before the Appellate Division, Second District failed when a mother was unable to provide important information to support her desired relocation after a divorce.  In Christy v. Christy, appellant Lisa Christy sought relief from a family court decision that prohibited her from carrying out a proposed relocation with the children of her… Read More »

What to Do When Your Custody Plan No Longer Works

To foster stability for children, courts favor custody plans that are designed to be fairly permanent. But the law also recognizes that things change. Circumstances beyond the control of the parents can render a plan unworkable. In the worst cases, a vindictive parent actively undermines the child custody plan, forcing the other parent to seek… Read More »

Interstate Enforcement of Child Custody Determinations

As our society has become increasingly mobile, multistate child custody disputes have become more common. Fortunately, the states have adopted a uniform method for determining which state has jurisdiction over a child custody dispute. They also have agreed to honor custody determinations made by the courts of other states.  The Uniform Child Custody Jurisdiction and… Read More »