New York Law Journal, August 21, 2024 —
Domestic violence in the post-pandemic era continues to be at the forefront of divorce practice. This author has written previously on the need—for the sake of the many victims—to expand our views of domestic violence beyond physical violence, as domestic violence can and does take many different forms.
One of those forms derives from the use of language in communications, be it by email, text message, or, as was the case in L.W. v. J.U., 2024 NY Slip Op 50879(U) (Sup. Ct. Westchester County, July 9, 2024) (Justice James L. Hyer), communications sent on the Our Family Wizard application “which is intended to serve as a mode of communication between parties involved in high conflict custody matters.”
In custody disputes, divorce lawyers may be asked by clients something along the lines of “under what circumstances can I get sole custody?”
A mere difference in parenting styles (e.g., Mom believes in “no screens” and Dad is more lenient with “screen time”; Dad prepares a continental breakfast for the children whereas Mom throws frozen waffles in the toaster for the children) is unlikely to warrant an award (or discussion) of sole custody.
To be in sole custody territory, the conduct of one of the parents needs to be closer to what a reasonable person would consider extreme such that it puts a child’s physical and/or emotional wellbeing in patent jeopardy.