Category Archives: Family Law

New York State Court Ruling: “OK to Spank Your Kids”

Last Wednesday, the state Appellate Division found that a father’s spanking of his son “was a reasonable use of force.” The court overruled Suffolk County Family Court’s determination that the father had abused his son “by inflicting excessive corporal punishment.” NY Family Court defines an abused child as one whose parent or other person legally… Read More »

Do Sperm Donors Have Parental Rights?

Known as the heartthrob of the 1987 vampire flick Lost Boys, actor Jason Patric wants to be known as a dad to a child named Gus. Danielle Schreiber and Jason Patric were romantically involved for over a decade. Their on-again, off-again relationship included a period where they attempted to become pregnant but did not succeed…. Read More »

“I’m Going to Kill You” & the Other Horrible Things Your Spouse is Allowed to Say to You

On May 13th, the Court of Appeals of New York ruled that the Penal Law 240.30(1)(a) statute for Aggravated Harassment in the Second Degree is “unconstitutionally vague and overbroad”.1 This statute focuses on someone’s actions which have intent to harass, annoy, threaten or alarm another person. The Court looked to People v. Dietze where the… 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 »

After the Fact: Postnuptial Agreements

Most people understand the need to protect separate financial assets with a prenuptial agreement prior to marriage. But what about after wedding bells ring? A postnuptial agreement safeguards financial security — and sometimes the harmony of a marriage. Prenuptial agreements are reviewed and executed prior to a wedding. After the marriage, postnuptial agreements come into… 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 »

FATHERS STRAY LESS THAN MOTHERS IMMEDIATELY AFTER THEIR “DAY”

The largest spike in marital infidelity occurs the day immediately after Mother’s Day. This day is now being called “red light Monday” or “Mother’s Stray Day”. Monday, May 12th, 2014, the day immediately following Mothers Day this year, a shocking number of wives signed up with AshleyMadison.com; a dating website established for married individuals seeking… Read More »

Custody Issues: Relocation, Relocation, Relocation

Change happens. Recently the Appellate Division, Second Department reversed a dramatic trial court ruling that denied the petition of a mother to relocate—and awarded her ex-husband sole legal and physical custody of her children.  Yvette Cruz and Daniel Caruso are the parents of nine-year old twins.  The couple divorced in 2004. In 2007, both parties… Read More »

The Effect of Divorce on Children

During divorce the lives of children are turned upside-down. Their relationships with parents are permanently changed. Understanding the effect of divorce on your children may help them, and you, in the future.  Children of all ages are at risk from the upheaval caused by divorce. Although parents might understand they will get through divorce intact,… Read More »

Custody and Support Issues for Military Parents

The men and women who defend our country face special challenges during divorce and child custody litigation. Fortunately, state and federal laws prevent a parent from using the military status of the other parent to gain an unfair advantage in custody and support disputes.  The fact that a military parent may be deployed or transferred… Read More »