The courts prefer to keep siblings together for stability, companionship and close family ties. “Young brothers and sisters need each other’s strengths and association in their everyday and often common experiences, and to separate them, unnecessarily, is likely to be traumatic and harmful.” Obey v. Degling, 37 N.Y.2d 768 (1975). However, the courts will order split custody if it’s in …
New York Child Custody Law: So What Exactly is “Legal Custody?”
Legal custody refers to the parent or parents that have decision-making authority over “major decisions” regarding the child, such as non-emergency medical care, religion, education, and extracurricular activities. When you think of the phrase “legal custody,” replace it with the phrase “decision-making” (e.g., sole decision-making or joint decision-making). Please note that “day-to-day” decisions are made with the parent who has …
Trailer for Upcoming Lawline Presentation: Overview of Common Agriculture Contracts
I am excited to be hosting another webcast for Lawline on July 28th – this time on an overview of common agriculture contracts. This will be especially useful for food and agriculture lawyers or those attorneys interested in getting a broad stroke understanding of various transactions in the agriculture contest. Attorneys can receive Continuing Legal Education (“CLE”) credits but it’s …
How to Make a Freedom of Information Act Request- Part 6
This is Part 6 of a 6 Part Blog Series on “How to Make a Freedom of Information Act (“FOIA”) Request“. Make sure to read the previous 5 blog posts to get the full picture! Step 6: Review FOIA Request After the agency has received your fees, it will process your request. The agency may send you a written “initial determination” …
Lawline Roundtable Discussion on Building Your Own Law Practice
[slideshare id=59902137&doc=lawline-buildingalawpractice-160322201923] Join me tomorrow, May 6, 2016 at 3:30pm for the Live Webcast at Lawine for the Roundtable Discussion on starting and building your own law practice. Myself, Daniel Gershberg and Harlan York will work through the above presentation questions. Hear it live tomorrow! If you cannot make the presentation then the recording will be available via Lawline. …
New York Child Custody Law: So What Exactly is “Physical Custody”?
The term “physical custody” or “residential custody” is who the child(ren) live with primarily (i.e., over 50% of the time by looking at overnight stays and “waking hours”). There are two main options with physical custody: (1) Primary Physical Custody with Visitation to the non-custodial parent – Primary physical custody to one parent while giving the other parent reasonable visitation/parenting …
How to Make a Freedom of Information Act Request – Part 5
This is Part 5 of a 6 Part Blog Series on “How to Make a Freedom of Information Act (“FOIA”) Request“. Please stay tuned for the other blogs for the full picture! Step 5: Pay Fees There is no initial fee to file a FOIA request; however, federal agencies are allowed to request “reasonable standard charges for document search, duplication, …
Overview of the Law on Child Custody in New York
Determinations of custody are based on the “best interest of the child.” See DRL § 70; DRL § 240; see Eschbach v. Eschbach, 56 N.Y.2d 167 (N.Y. 1982); see Welsh v. Lewis, 292 A.D.2d 536 (2nd Dept., 2002) (emphasis added). These factors include, inter alia: (1) The parent who has been the primary caretaker; (2) The age and health …
How to Make a Freedom of Information Act Request – Part 4
This is Part 4 of a 6 Part Blog Series on “How to Make a Freedom of Information Act (“FOIA”) Request“. Please stay tuned for the other blogs for the full picture! Step 4: Wait for Government Response Federal governmental agencies are required to respond to FOIA requests within twenty business days, excluding weekends and holidays, beginning from receipt of …
Transcript from Keynote Presentation and Direct Farm Marketing Roundtable
Last fall, I had the pleasure of giving the Keynote address at the University of Tennessee College of Law’s Agriculture Law & Policy Symposium. My presentation from my “National Agriculture Law Update” is found here. I was also on a roundtable discussing direct farm marketing. The presentation materials are found here. Recently, the Tennessee Journal of Law and Policy published …
Choosing a New York Family Law or Divorce Mediator
It is important to choose the right mediator for you and your particular dispute. Mediators vary in experience, language proficiency, subject matter expertise, style, fees, communication, and level of involvement. For example, some mediators are able to speak fluently in different languages or have knowledge in certain family law disputes (e.g., animal ownership disputes). Some mediators do “virtual mediation” while others …