Commentaries

Contractual “Maintenance” Waiver Includes Claims to Temporary Maintenance

Construing a provision in a prenuptial agreement in which the parties waived “any and all” claims to maintenance, the Appellate Division, First Department ruled that the contractual waiver included a spouse’s claims to temporary or “pendente lite” maintenance. Anonymous v Anonymous, No. 16483, ___ A.D.3d ___ (1st Dep’t, March 22, 2016). The decision has significant ramifications, inasmuch as temporary maintenance... Read More

Legalized Surrogacy May Be Heading to New York

It is currently illegal in New York to compensate a surrogate to carry a child. Bills pending in both the Senate and the Assembly would implement the New York Child-Parent Security Act (“CPSA”), the provisions of which would legalize compensated surrogacy and render surrogacy agreements judicially enforceable. If enacted, the CPSA would create a detailed regulatory scheme that would include... Read More

A Shift in Pretrial Forensic File Disclosure in New York

A Shift in Pretrial Forensic File Disclosure in New York On the premise that the potential for abuse is substantial, New York courts have traditionally not allowed pretrial disclosure of the notes, raw data and test results of the forensic evaluator in child custody cases, absent a convincing showing of “special circumstances.” Such “special circumstances” have been limited to a... Read More

New York Recognizes Mother’s Constitutionally Protected Liberty to Relocate With Child In Utero

In a case involving the professional downhill skier Bode Miller, a New York appellate court has recognized a pregnant mother’s constitutionally protected liberty to travel with a child in utero free of interference from the putative father. Matter of Sara McK. v Samuel Bode M., 111 A.D.3d 474 (1st Dep’t 2013). The mother had a brief romantic relationship with Miller... Read More

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