Coronavirus Pandemic (and the “Pandemic” board game) demonstrate the advantages of non-adversarial processes.
For the last several years, we here have been talking and writing about “Divorce Without Destruction” and how people can get more, and better results, using cooperative strategies, than they could using adversarial ones. Game Theory teaches this and life bears it out. The latest (painful) lesson comes from the Coronavirus pandemic and the Pandemic… read more
Parenting (a/k/a “visitation”) in the Age of Corona
Posted in About Divorce on March 24, 2020
There has been much discussion questioning whether a parent can deny the other access to their joint children during the Coronavirus pandemic under the theory that the denying parent is “just” protecting the children. Of course a parent must keep children safe. Each parent likely shares that goal. The questions I would pose to those… read more
NYLJ Publishes The Perils of Prenups, authored by Chaim Steinberger
Beginning on February 28, 2020, and on the following three consecutive Fridays, the New York Law Journal will be publishing Chaim’s thoughtful articles on The Perils of Prenups. In the first part, Chaim will explain why prenuptial agreements are often more dangerous and destructive than they are helpful. The second article will describe certain situations… read more
The Attributes of a Great Divorce Lawyer (i.e., “Good v. Great” )
By Chaim Steinberger (c) 2018 For several years I’ve been thinking about writing on the differences between a “good” lawyer and a “great” one. That is, many have written articles with titles like, “How to Pick a Divorce Lawyer” that try to help people select decent lawyers from among the poor ones. That doesn’t interest… read more
Complicated Custody Cases
Posted in About Divorce on February 25, 2018
On February 20, 2018, Attorney Chaim Steinberger presented to a chapter of the American Inns of Court at the Brooklyn Bar Association on the factors that New York Courts consider when determining custody. Courts must always consider “the best interests of the child,” Mr. Steinberger noted. That means that anything that affects a child is… read more
What is a “Negotiation Coach”?
A Negotiation Coach? What’s That? By Chaim Steinberger (c) 2018 From time to time, I’m approached by people who don’t want to do their negotiating through lawyers. They may believe that lawyers might make matters unnecessarily complicated. They might inflame the situation. Or one party doesn’t want to hire a lawyer and doesn’t feel comfortable… read more
Always, Always, Always, Challenge an “Indicated” SCR Report of Abuse or Neglect
Always, Always, Always, Challenge an “Indicated” SCR Report of Abuse or Neglect: The standards are higher for a neglect finding at the administrative review or fair hearing (c) 2016 By Chaim Steinberger New York State has three independent, though interconnected, systems of dealing with parents accused of abusing or neglecting their children. First, there’s the… read more
Eternity with that “Bastard”?
Eternity With That “Bastard”? Who Says the Fun Has to Stop: Decades-old Family Feud Continues After Death In a decision issued two weeks ago, a judge was called on to decide whether a sister may disinter a decedent (a person who died), from where she was buried by her son in Queens, NY, to Jerusalem,… read more
“Should I attend therapy or wait until the custody battle is over?”
Someone just asked me whether she should attend therapy during a divorce and custody litigation or wait until the litigation was done. That is, she wanted to know whether a divorce court deciding custody issues would be biased against a parent who is [diagnosed and] in therapy. Here’s what I answered: The best answer to… read more
Lying Lawyers? “I’m shocked, shocked!”
In Court this morning, opposing counsel said that he didn’t lie in his papers. “I didn’t say I never signed it,” he claimed. “I just said I didn’t remember signing it. That’s something entirely different.” That was the basis for my motion for sanctions. Based on his attempted deception of the Court. The judge looked… read more