In March 2017, I noted that some courts had moved toward recognizing “unconventional” families, highlighting Dawn M. v. Michael M., a decision awarding tri-custody to a threesome who had agreed to conceive and raise a child together. But another New York court considering the same issue recently reached the opposite conclusion in Tomeka N.H. v. Jesus R. The decision in Tomeka N.H. shows how difficult it is for modern families to know which parental rights will be upheld by the courts. Until the Legislature addresses the issue, tri-custody will continue to be debated by the courts—leaving many families without the certainty they deserve.
Read moreDivorcing with Kids: Advice from Children of Divorce (Part I)
One of the most common questions I get from my clients is how to talk to their kids—and how to get the kids through a divorce. It’s an emotional and scary time, and the last thing any of us wants is to say or do the “wrong” thing. If you Google “what to tell the kids about divorce,” you’ll find experts with academic advice—but my clients still wonder how real people work through these very difficult issues in real life. So I turned to my closest friends who are children of divorce for their help.
Read moreA Key Step Forward for Parental Rights in Modern Families
New York courts are continuing to prove that they are dedicated to protecting the rights of the LGBT community. In an important recent case, the Appellate Division applied the “presumption of legitimacy”—the concept that a child born during a marriage is the legitimate child of the couple—to married same-sex partners. Applying the presumption of legitimacy—which comes along with key parental rights and protections—was especially enlightened in the circumstances of this case, where the child was not a DNA match to both parents. For many LGBT families, the decision reflects a critical step forward in establishing the non-biological parent’s rights.
Read morePet Custody and Divorce Mediation
Like so many New Yorkers, married couples are often deeply devoted to their pets. One recent study even found that “most pet owners would not trade their pets for even $1 million in cash”. Couples facing divorce often find themselves spending considerable sums asking courts to decide who will take custody of a pet. But there is no guarantee that, in doing so, the court will take into account the deep emotional connection most of us feel to our pets.
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