Case Study Spotlight: When Litigation is Best for the Wellbeing of the Child

Litigation is often seen as the last resort. However, in cases involving issues that cannot be resolved out of court, such as in a custody case where a parent is incapacitated because of mental illness or substance abuse, litigation becomes a necessity. Rubin & Rosenblum recently secured an appellate victory that serves as an example of why going to court is sometimes the right thing to do. Gayle R. Rosenblum, Esq. represented a father who was awarded sole custody of the couple’s one child. The mother appealed the Trial Court’s decision. The Appellate Division stressed that it does not like to interfere with the determinations of the Trial Court, and ultimately, the witnesses presented at [...]

By |2021-03-16T18:38:21-04:00February 15, 2019|Child Custody, Family Court|

Pets as Property: A Change of Viewpoint in the Courts

Historically, the courts have treated pets as chattel or property. While families have an obvious emotional connection to their pets, the law views them as personal property, similar to a piece of furniture. As a result, many courts will distribute the property (pet) to one party or another. In extreme cases when an agreement cannot be reached, the court will direct that the pet be sold and the money divided between parties. The Future of Pets in Divorce Recent cases indicate that the treatment of pets in divorce cases is shifting, and the courts have started to look at the issue differently. In a relatively recent case, a Manhattan judge determined that the family dog [...]

By |2021-03-16T18:39:34-04:00October 2, 2018|Family Court|

Should You Mediate, Collaborate or Litigate Your Marital Issues?

The vast majority of divorces and other family law-related issues end up settling. In this article, I will discuss how a settlement can occur in mediation, collaborative law, and yes, even litigation. Mediation is a process in which two individuals must be ready, willing, and able participants to subject themselves to mediation. It involves a neutral party as a mediator, and that person may be an attorney — or not — who helps these two individuals resolve their differences. The key requirement is that there must be two willing participants. If only one is willing, mediation is not the right process. A more relatively new process to resolve a couple’s differences is collaborative law. In [...]

By |2021-03-16T18:38:21-04:00January 26, 2018|Mediation|
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