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 »
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 »
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 »
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 »
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 »
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 »
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 »
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 »
When parents divorce, asking children to choose which parent they want to live with can be traumatic for all involved. In some cases, however, children are sufficiently mature to express a reasoned preference. In such cases, the child’s preference can be an important factor in shaping the custody arrangement. New York courts determine child custody… Read More »
Parenting young children is not easy. Children throw tantrums, make a fuss and generally need guidance to keep their behavior in line. Parenting young children during a bitter divorce battle is no easier, as one New York man recently found out. In a story told in headlines across the country, David Schorr, involved in a… Read More »