Tag Archives: child custody

Same-Sex Marriage Breakup Leads to Unusual Custody Battle

New York passed the Marriage Equality Act in 2011, which allowed for the marriage of same-sex couples throughout the state. However, one couple soon found that there were some unusual circumstances surrounding child custody during New York same-sex divorces. Now one woman is left scrambling to figure out how to have access to her adopted… Read More »

Study Indicates Children of Wealthier Parents More Affected By Divorce

A new study by Georgetown University researchers published in the journal Child Development indicates that children with wealthier parents are generally more impacted by divorce than children with poorer parents. The research suggests that wealthier children will have greater benefits from being part of stepfamilies, but will be more likely to have behavioral problems. The… Read More »

Recent Ruling Reinforces Spheres of Custodial Influence

A recent Second Judicial Department ruling affirmed spheres of custodial influence in a New York custody case. Shared legal and physical custody is now a common post-divorce parenting arrangement. With the trend toward shared time and decision-making responsibility, some couples experience difficulty communicating with each other in the best interests of their children. My firm… 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 »

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 »

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 »

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 »

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 »