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 moreAdvice from Children of Divorce (Part IV): “I would give my mother one piece of advice—to be kinder to herself.”
In Part IV of this series of posts, my friend, Y, shares how his experience as a child of divorce shaped the advice he would give parents going through separation.
Read moreAdvice from Children of Divorce (Part III): "The children should feel like this is the best decision for the whole family, not just the parents."
In Part III of this series of posts with real-life reflections from children of divorce, my friend, D, shares the advice that she wishes she could have given her parents during their separation.
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.
Read moreIn Divorce, Equitable Doesn’t Mean Equal
I just read a decision that caught my eye and hasn’t let go—for both good and bad reasons. This case, D.C. v. P.C., demonstrates one of the legal principles my clients often find surprising—that, when it comes to dividing assets in a divorce, doing so “equitably” doesn’t always mean “equally”—and shows how important it can be to work with divorce professionals who can help families avoid unpredictable outcomes in court.
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