New York Divorce Report - New York's Divorce and Family Law Blog

As Above the Law points out,  it is ironic that on the day a federal judge in struck down California’s ban on same sex marriage, a New York appeals court ruled that a same-sex partner may be liable for child support. In the case H.M. v. E.T, the Court ruled that the when the  partner of a child’s biological mother consciously chooses, together with the biological mother, to bring that child into the world through [artificial insemination,] and where the child is conceived in reliance upon the partner’s implied promise to support the child, a cause of action for child support... More

New York’s highest court, the Court of Appeals, granted a non-adoptive or biological parent visitation with her former same sex partners’ child. In a very narrow ruling, the Court in the case Debra H. v. Janice R., held that only biological or adoptive parents can seek visitation or custody of children. The parties, Debra H. and Janice R., entered into a Vermont civil union in 2003. A month later, Janice R., who was artificially inseminated, gave birth to M.R. Janice denied Debra’s requests to adopt M.R. and their relationship soured. When Janice refused Debra’s efforts to have visitation with M.R.,... More

As difficult as divorce is for the parties, it is far more traumatic for the children. When parents divorce, every aspect of the children’s life is up-ended as they watch their parents prepare to go to war against each other. Children, who should enjoy the unconditional love and affection of both parents, may be drawn into the battle as their loyalty is tested. A showing or expression of affection for one parent could be taken as a sign of betrayal to the other. Children must stagger through an emotional minefield while their parents battle. Although it seems like common... More

The custody fight of Christie Brinkley and Peter Cook reared its ugly head again. Last year the case settled after several days of lurid testimony about Peter Cook's affair with a teenage store clerk and revelations that he spent thousands of dollars downloading pornography. Sophia Chang and John Valenti report in Newsday that the in the current dispute: Cook wanted Brinkley found in contempt of court for allegedly failing to deliver their son's passport to his house in November, which, Cook said, caused Jack to miss a school trip to Egypt. In return, Brinkley's attorneys filed a countermotion to hold... More

A non-custodial parent is not stripped of his parental authority simply because he is not empowered to make decisions regarding the health, education and welfare of his children ruled an Albany County Family Court judge. Judge W. Dennis Duggan dismissed a contempt proceeding, against a non-custodial father who had changed the dosage of his fifteen-year-old daughter's medication during his parenting time. The father, a doctor, believed that his daughter’s prescription was inappropriate. Judge Duggan stated that "While it is the general principle that the custodial parent possesses the sole authority to make medical decisions for her child, this does not... More

I have been following the continuing saga of who will get custody of Michael Jackson’s children. I even had the privilege of appearing on ABC World News to add my thoughts to the other talking heads theorizing about what may occur in this real life custody drama. The more I hear and read, the more disturbing the case becomes. As in all custody cases, the custody award will be based upon the best interests of the children. In most cases between a parent and a third person, it is presumed that it would be in the best interests of the... More

Remember the YouTube spectacle of Tricia Walsh Smith who publicly humiliated her husband and, ultimately, herself. In the age of social networking, new rules of apply to couples going through divorce. The rules, as compiled by Time, can succinctly be boiled to one- “Discretion is the better of valor.” 1. Don’t brag. Your claims of poverty will ring hollow if you brag on Facebook about your purchases of expensive items or post photographs of lavish vacations. 2. Keep the party off-line Sure you may want to let off some steam, but if you are engaged in a custody fight, the... More

It was been an interesting week in family law practice, which I thought I note before taking a few days off with my family .  In the same week Governor Paterson announced that he was introducing legislation to recognize same sex marriage, a couple decisions involving the custody rights of same sex marriages were announced.   In the first, Debra H. v. Janice R., the Appellate Division, First Department, held that the same sex partner of a woman who gave birth did not have standing to assert parental rights after the parties broke up.   The Court ruled that although Debra H.,... More

The rights of unmarried fathers of children were in the news with the recent reports about Sarah Palin’s daughter’s break up with her boyfriend. I was, in fact, quoted in one such article that appeared in the New York Daily News. Like their married counterparts, unwed fathers have the right to custody and visitation of the children. That the parties did not wed does not in any way limit the father’s parental rights As in all cases, the standard of visitation/custody is “best interests of the children.” The flip side of parenting is the financial responsibilities. The unwed non-custodial parent,... More

In the spirit of the upcoming holidays, Newsweek offers guidance to divorced parents on how to make the holidays better for their children. Admittedly, the holidays are the most difficult and painful times for families broken apart by divorce. Both parents want to maximize their time with their children. Even the best intentioned parent may be tempted to play the game of one-upmanship by giving bigger and more expensive gifts to the children in an attempt to buy their love. All of this leads to increased stress and conflict at a time that should be joyous. But, there are things... More

Today was Veteran’s Day. From my window on Fifth Avenue, it seemed like the biggest loudest parade in years. In view of this holiday designed to give recognition to those who served this country, it seems appropriate to note a new law which was enacted with little or no fanfare. While protecting the countries’ interests, members of the military unselfishly make great sacrifices and put all aspects of their life on hold. The tragedy of war would be greatly compounded if permanent changes of custody of children were granted while a child's parent was serving the country and was deployed... More

A-Rod, Christie Brinkley, Madonna. There is no escaping it. Divorce is all over the news. The tabloids (and their readers) are eating it up. The issues in these celebrity divorces are, in large measure, the same as those of everyone else. Granted - few of my cases involve the wealth of someone like A-Rod. These cases seem to all have the recurrent theme of adultery, infidelity and loss of trust. As a result of the betrayal, marital assets will have to be divided. The very public Christie Brinkley trial is particularly compelling. It is providing a primer on how a... More

A study published in Ambulatory Pediatrics warns that young children, who are separated from their parents, are at increased risk for learning difficulties and may require special education. Separation of parents and children is one of the unfortunate consequences of divorce. It is disturbing to learn that divorce may be a cause of learning disabilities. The study enrolled 1,619 children between ages 4 and 6 who were entering Rochester City School District kindergarten classrooms in the fall of 2003. Parents or caregivers were asked if their child had ever been away from a parent for more than a month, and... More

Imagine a mother seeking to prevent children of the marriage from having visitation with their father in his home simply because he has a cat, particularly when there was no claim that the cat was vicious or endangered the children. In Mandel v. Mandel, decided by a Nassau County court last week, a mother claimed that the children’s exposure to the cat in their father’s home posed a serious health risk to her and, as result, sought to limit the father’s visitation. In the case, the mother claimed that she had to be hospitalized because she had severe allergic... More

I am back from a much needed warm weather winter vacation with the family. Now, back to blogging. While I was away, Justice Laura Drager rendered an important decision in the case Beth R. v. Donna M. Following the decision in Martinez v. Monroe County, which I discussed here, Justice Drager ruled that a same-sex marriage, validly entered into in a jurisdiction that allows same-sex marriages, would be entitled to full legal recognition in New York. This is the first time that a New York court recognized a same sex marriage in the context of a same-sex divorce action. The... More

For some reason, Valentine’s Day brings on lots of articles about divorce. Jonathan Clements (no relation) wrote an interesting piece in the Wall Street Journal about his “fairly successful” divorce. Success, he properly points out, does not mean he took his ex-wife to the cleaners or that he extracted every concession he could from her. To Clements, a successful divorce means that while he and his ex are not best friends, they each benefit from having a civil relationship in which they both get to share in the joys and pains of raising their children. Clements, armed with the perspective... More

Every once in awhile, there is a reported case where one parent’s interference with the rights of the other parent, results in the interfering parent’s loss of custody. I have written about this problem before. Nikolic v. Ingrassia presents another such case where unfounded claims of abuse  by one parent resulted in a loss of  custody.   In Nickolic, the Appellate Division affirmed a lower court’s finding that: . . . .the mother had interfered with the father's visitation rights by demonstrating a "relentless determination . . . to have the father characterized as an abuser" and thereby preclude... More

In an interesting piece on the Huffington Post, Stacy Schneider opines that Rudy Giuliani’s “Nasty Divorce” reveals why he may be unfit to be president. Politics aside, the former mayor’s divorce is a primer on what not to do during a divorce. The divorce was a vicious, go-for-the-jugular, corrosive slugfest, with Rudy seemingly pulling the sharpest punches of the pair. His ongoing public display of his mistress's affections was certainly unbecoming of an elected official. But watching an uncaring father of two young children consistently display his contempt for his own family on the television news was both shocking... More

I am continuing to explore the recent decisions of the Appellate Division. In re Michael McC., v Manuela A, a mother took her child and fled from New York and went to Italy during a pending child custody case in a deliberate attempt to deprive New York of jurisdiction to hear the case. After conducting an exhaustive study of the Uniform Child Custody Jurisdiction Enforcement Act ("UCCJEA”), the Appellate Division found that New York would retain jurisdiction to decide custody matter. UCCJEA and governs virtually every custody proceeding. It is designed to eliminate jurisdictional competition between courts in matters of... More

The New York Times today reported how in the Bronx Family Court,   Elevator Woes Slow Justice. The eye opening article details how, because of broken elevators, litigants wait in line for hours to get an elevator to a court room resulting in missed court dates or, even worse, dismissed cases.   The Family Court is a court where justice cannot be delayed. Critical rights regarding the welfare, custody and support of children are involved. Consider the case of a client of Ms. Gutfriend’s who was scheduled for a hearing in mid-November to determine whether she could get her daughter... More