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Sole Custody's Soul, As Viewed by a Psychologist

By ALM Staff | Law Journal Newsletters |

In an article entitled “Court of Appeals to Decide the 'Soul' of Sole Custody,” appearing in the December 2008 issue of The Matrimonial Strategist, Robert Dobrish offers commentary on the importance of an anticipated ruling from the NY Court of Appeals in Fuentes v. Board of Education of the City of New York. Dobrish expresses the hope that the Court of Appeals will “decide whether a noncustodial parent has the right to participate in educational decisions relating to a child where the divorce decree and custody order do no more than grant sole custody to the other parent.”

I share Dobrish's hope that the court will provide a clear decision, but I also hope that, in doing so, the court will appreciate the wisdom that has characterized earlier decisions in such cases as Braiman v. Braiman, 407 N.Y.S.2d 449 and Tropea v. Tropea, 642 N.Y.S.2d. 575. In both these decisions, the emotional needs of parents were subordinated to the emotional needs of children, as should occur in all such cases.

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