Divorce: New York

Divorce: New York

Tag Archives: Decision-Making

NYC Dept. of Ed.’s Policy Upheld: Primary Physical Custodian’s Directions Will Be Followed Despite Shared Legal Custody

Posted in Custody and Visitation
Absent a court order specifying which parent is entitled to make educational decisions, the New York City Department of Education will follow the instructions of the primary physical custodian. The policy was upheld in the October 22, 2013 decision of the First Department in Jennings v. Walcott. The appellate court reversed  the determination of  Supreme Court, … Continue Reading

Mother Granted Decision-Making Where Agreement Failed to Provide for Parental Conflicts

Posted in Custody and Visitation
Where the parties’ joint legal custody agreement only provided for each parent to have equal input on all major decisions, including education, but did not provide for conflict resolution, the mother, after a hearing, was awarded temporary decision-making authority. Such was the holding of the April 11, 2013 decision of the Appellate Division, First Department, … 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

Has the Court System Failed the Y. Children?

Posted in Custody and Visitation
In fact, we may have all failed the Y. family children (name deleted at the request of the family). Their parents have spent the last four years fighting in court. Their custody litigation will likely last at least another two years. The result: one child who may be suicidal; the other self-mutilating. Reading appellate court decisions … Continue Reading

Are Parenting Coordinators Too Little, Too Late in Custody and Visitation Disputes?

Posted in Custody and Visitation
In an effort to help parents in high-conflict decision-making disputes, New York courts are now appointing “Parenting Coordinators.” Professor Andrew Schepard of the Hofstra University School of Law in his  article, “Parenting Coordinator for High Conflict Parent” N.Y.L.J., 5/8/03, p. 3 col. 1, explained the role of Parenting Coordinator as “a combination educator, mediator and … Continue Reading

Court Avoids Parents’ Agreement to Arbitrate Disputes Over Education of Child

Posted in Agreements and Stipulations, Alternative Dispute Resolution (ADR), Custody and Visitation, Settlement
Shlomo Scholar and Shoshana Timinisky married in 2005. They had one child the next year.  The year after that they entered a stipulation of settlement to resolve their divorce action. Included in that stipulation was the parties agreement that Ms. Timinisky would have sole custody of the parties’ child. However, the parties also agreed that … Continue Reading