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  • Tri-Parenting: Three's Company or Three's a Crowd?

    October 02, 2017 |

    Part One of a Two-Part Article

    Laws pertaining to legal parentage have changed frequently in recent years as states have attempted to keep pace with the evolving configurations of modern-day families. Major contributors to this process have expanded our definitions of family and parenthood. Still, what about the related issue of how many recognized parents a child can have?

  • New York State's Attorney for the Child System Falls Short

    October 02, 2017 |

    Part One of a Two-Part Article

    Custody disputes can be financially and emotionally draining, and stressful for both parents and children. It was once believed that after a divorce, children needed the full-time stability of a home run by one parent, but today, shared custody has become an accepted method of circumventing the brutal dynamics of divorce litigation.

  • Forensic Mythologies and Custody Evaluations

    October 02, 2017 |

    Part Two of a Two-Part Article

    Last month, we looked at several commonly held beliefs about forensic psychologists and psychiatrists who conduct custody evaluations for the courts. Many of them are not necessarily true. We conclude this discussion herein.

  • A Broadening Consensus to Narrow Asset Forfeiture

    October 02, 2017 |

    When Attorney General Jeff Sessions announced in July that the federal government planned to again emphasize the pursuit of civil asset forfeitures, it raised issues for many, including the spouses and family members of those who are charged with committing federal crimes.

  • Psychological Subjugation: The Elusive Form of Abuse

    September 02, 2017 |

    Mental health and legal professionals must devote more resources to studying the interpersonal dynamics of subjugation that is accomplished without resort to physical force, and the implications of these dynamics for the appropriate adjudication of custody/access disputes.

  • Divorce and the Undocumented Spouse

    September 02, 2017 |

    Divorcing Women Immigrants and VAWA; Part Two of a Two-Part Article

    The Violence Against Women Act (VAWA) includes a procedure that gives legal status to immigrants who were abused by their U.S. citizen or lawful permanent resident spouse, who often use the immigration law as a cudgel of power and control.

  • Forensic Mythologies and Custody Evaluations

    September 02, 2017 |

    Part One of a Two-Part Article

    As forensic psychologists and psychiatrists agree to accept appointments as evaluators or take the stand to testify about a custody matter, there are often many assumptions about forensic practice floating among those in the legal community, and even on the part of litigants, that are questionable at best.

  • NY Divorce and UK Pension Rights

    August 02, 2017 |

    What happens when a New York matrimonial litigant's pension benefits are foreign, administered by a plan administrator outside the jurisdiction of a New York court? As the authors state, the importance of specialized and expert legal and tax advice cannot be underestimated.

  • Inadequate Judicial Response to Emotional Abuse

    August 02, 2017 |

    Part One of a Two-Part Article

    According to the author, emotional abuse does irreparable harm to the children and adults subjected to it, yet it often gets inadequate attention from our courts.

  • Home Insurance May Cover Jealous Husband's Attack on Third Party

    August 02, 2017 |

    A man returns home unexpectedly, finds his wife with another man, and shoots him. It's an unfortunate chain of events, but certainly not unheard of. What is unusual is how the case of a love triangle like this one could lead to an Eleventh Circuit decision about homeowners' insurance.

  • Divorce and the Undocumented Spouse

    August 02, 2017 |

    Part One of a Two-Part Article

    Marriage to a U.S. citizen, by itself, does not confer legal status on an undocumented immigrant. However, a valid marriage — one not entered into for the purpose of evading immigration laws — can provide an avenue to legal status in some circumstances. Thus, if an undocumented immigrant gets divorced, she will generally lose that avenue.