Articles Tagged with Family Court

An interesting decision out of Suffolk County recently established custodial rights of a non-biological parent who was part of a polyamorous relationship. In Dawn M. v. Michael M., the court essentially affirmed the validity of a non-traditional family composed of two women and one man.

Though their names have been revealed in the media, for our purposes we will call the family members Mom 1, Mom 2, Dad, and Child.

Mom 1 and Dad were a married couple who had attempted to conceive with great difficulty. They utilized in vitro fertilization, but unfortunately Mom 1 miscarried. It was after this that the couple befriended Mom 2, who eventually moved into the lower level of the duplex that Mom 1 and Dad occupied. The three grew close and eventually came to consider themselves a family. Mom 2 moved into the upstairs flat a short time later.

After some discussion, the trio decided to go back to the infertility doctor in order to inseminate Mom 2 with Dad’s sperm—but the doctor refused to take part because Dad and Mom 2 were not married. So they decided to do it the old-fashioned way.

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Kafkaesque: of, relating to, or suggestive of Franz Kafka or his writings; especially: having a nightmarishly complex, bizarre, or illogical quality, as in Kafkaesque bureaucratic delays.
(Miriam-Webster online dictionary)

As ProPublica recently revealed in detail, Kafka’s dystopian vision is a terrifying reality for many New Yorkers who have had judges appoint forensic psychologists in their custody dispute cases.

In Joaquin Sapien’s thorough (and thoroughly disturbing) article, For New York Families in Custody Fights, a ‘Black Hole’ of Oversight, he reports on the story of a mother separated from her son as a result of an error-filled and incomplete analysis made by a court-appointed forensic psychologist.

In New York, if parents have custody disputes that they cannot resolve on their own, they go to Family Court or Supreme Court. These courts often appoint (and the parties pay for) a forensic psychologist to interview the parents, the child, and other people in their lives such as teachers, caregivers and grandparents. The purpose of these interviews is to help the psychologist make an analysis and issue a report that is meant to help the judge decide what custody determination would be in the best interests of a child.

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