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Custody Awards and 'Zones of Decision-Making'
The overriding policy that governs New York law with regard to custody determinations is that “there shall be no prima facie right to the custody of the child by either parent but the court shall determine what is for the best interests of the child.” Domestic Relations Law ' 240. New York courts traditionally awarded the “custody” or “sole custody” of a child to one parent and visitation rights to the “non-custodial parent.” Since the 1960s, New York Courts have also sometimes awarded the parents “joint custody.”
In more recent years, New York courts have divided “spheres,” or “zones of decision-making,” between the parents, in addition to determining the physical custody of the child. Courts have had little difficulty categorizing the “zones” of parental decision-making. The cases break down the areas of decisions into religion, education, choice of schools, extra-curricular activities (including after-school and recreational programs), tutoring, summer camp, health (medical, dental, therapy, counseling, psychological or psychiatric treatment, doctors and surgeons), finances, and citizenship. But what prompts the courts to make these types of custody determinations? A review of the case law reveals the many and varied considerations that have formed the basis for awarding parents “zones of decision-making.”
Law Firms are Reducing Redundant Real Estate by Bringing Support Services Back to the Office
A trend analysis of the benefits and challenges of bringing back administrative, word processing and billing services to law offices.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Bit Parts
Summary Judgment Denied Defendant in Declaratory Action by Producer of To Kill a Mockingbird Broadway Play Seeking Amateur Theatrical Rights
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
Disconnect Between In-House and Outside Counsel
'Disconnect Between In-House and Outside Counsel is a continuation of the discussion of client expectations and the disconnect that often occurs. And although the outside attorneys should be pursuing how inside-counsel actually think, inside counsel should make an effort to impart this information without waiting to be asked.