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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.”
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.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
Coverage Issues Stemming from Dry Cleaner Contamination Suits
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.