Tag Archives: Plaine & Katz

It Is in Your Child’s Best Interests to Settle Custody!

It Is in Your Child’s Best Interests to Settle Custody! by Joshua Katz

{2:15 minutes to read} Parents who are battling for custody in a divorce proceeding need to focus on their children’s interests—and settle

Parents know their children better than anyone else in the world. And so, it is important that both parents work together to craft a custody arrangement that is best for their child. And settle! 

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Pets Are People, Too!

Pets Are People, Too! by Joshua Katz

{4:30 minutes to read} “Decidedly more than a piece of property”—pet owners would categorically agree that their pets are indeed family.

In a recent decision in the case of Travis v. Murray, Judge Matthew Cooper of Manhattan said that Joey, a mini Dachshund, was “decidedly more than a piece of property,” allowing for a brief best interest hearing to determine custody of the family dog post-divorce.

The hearing determines which “parent” will provide a better home environment for the dog and be more apt to allow the other “parent” the ability to foster a continued relationship with Joey. 

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Jewish Custody Determinations by the Secular Court

Jewish Custody Determinations by the Secular Court by Joshua Katz

{8:00 minutes to read} “When a person has a judgment adjudicated by gentile judges and their courts, he is considered a wicked person.” Rambam, Hilchos Sanhedrin, 26,7.

As a custody litigator, my cases invariably involve litigants whose emotions run high while they battle over who is the most appropriate parent. An extra layer of complication comes into play when the secular courts are confronted with issues of religious observance as they affect the best interests and moral wellbeing of children. While the secular courts cannot make rulings based upon their interpretation of religious dogma, the courts are invariably faced with situations where they must assess the religious practices of the parties in reaching a decision as to issues of custody and parenting rights.

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Gratitude & Pride: Reflections on My Career Choice

Gratitude & Pride: Reflections on My Career Choice by Joshua Katz

{4:30 minutes to read} March 25, 2016, was a typical, average day, but it was significant for me. It was one of those rare days that confirmed that I love what I do.

I was in court handling three (3) cases where the court had to determine the best interests of three (3) very distinct children. Despite the very challenging and heart-rending circumstances to which I am privy on a daily basis, I am proud when my job makes a difference in the world — as a child advocate.

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The (Over)Use of Forensic Experts During Custody Determinations

The (Over)Use of Forensic Experts During Custody Determinations by Joshua Katz

{3:10 minutes to read} In a divorce proceeding, custody is determined by establishing what is in the best interest of the child. 

Often, it is challenging for a judge to apply this amorphous standard and determine which parent is better suited to make decisions on behalf of the child. 

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New York’s Recent Changes to Family Laws: What You Need to Know

New York’s Recent Changes to Family Laws: What You Need to Know by Joshua Katz

{4:20 minutes to read} Recently, New York has made fast-paced changes that affect family law practitioners. Attorneys and divorce professionals must take these important modifications into account. 

The Child Support Cap and Its Ramifications 

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Is Split Residential Custody in the Best Interests of Children?

Is Split Residential Custody in the Best Interests of Children? by Joshua Katz

{2:50 minutes to read} In recent years there has been a clear shift in custody cases toward “shared residential custody.” But is this necessarily a good trend?

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Filing a Joint Tax Return While Divorcing? Be Careful!

Filing a Joint Tax Return While Divorcing? Be Careful! by Joshua Katz

{3:40 minutes to read} Married couples usually elect to file joint tax returns to maximize exemptions and deductions. When couples are divorcing but are still legally married, they remain entitled to the same advantages by continuing to file jointly, and may be tempted to do so. In fact, an unreasonable refusal to file jointly could be considered wasteful dissipation!

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Should the Judge in Your Custody Trial See That Video?

Should the Judge in Your Custody Trial See That Video? by Joshua Katz

{3:00 minutes to read} Is it a good idea to present video recordings to a judge as evidence in a custody trial?

There is a famous saying that a picture is worth a thousand words. Consequently, many people think it would be advantageous to present an audio or even a video recording to the judge, portraying their spouse as a bad parent.

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How to Win a Custody Battle

How to Win a Custody Battle by Joshua Katz

{2:35 minutes to read} Winning a custody battle is all about your lawyer’s presentation to the judge.

Recently, I was talking to a wise judge who explained that deciding on a custody case is almost always an easy task. When there is one good parent and one bad parent, the decision is simple. When both parents are good parents, you cannot make a wrong decision; whatever the decision is, the children will be fine.

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