Divorce: New York

Divorce: New York

Tag Archives: Antagonism

Split or Shared Decision-Making: the Balance of Parental Power

Posted in Custody and Visitation
Increasingly, courts have closely examined the specific decision-making roles of each parent, whether or not the parties share joint custody or one parent is awarded sole custody. The general rule is that joint or shared custody, requiring both parents to agree on decisions, is inappropriate where parents have demonstrated an inability or unwillingness to cooperate … Continue Reading

Ordering Joint Custody in Contested Divorce Custody Proceedings

Posted in Custody and Visitation
Two decisions this past month involved joint custody awards despite antagonism between the parents and contested custody proceedings. In Prohaszka v. Prohaszka, Supreme Court Putnam County Justice Francis A. Nicolai had awarded the divorcing parties joint legal custody of the parties’ children, with the mother having primary physical custody and final decision-making authority. In its … Continue Reading