Category Archives: Child Access

In the News

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Below is a roundup of Blank Rome Matrimonial and Family Law partners’ recent awards, recognitions, media, and other accomplishments from around the country.

Gavin Rossdale and Gwen Stefani: Co-Parenting from Parallel Paths
April 27, 2026: Blank Rome partner Morgan F. Mouchette authored this Forbes article discussing how the divorced Gwen Stefani and Gavin Rossdale handles raising their children. 
Parental Alienation in Divorce: Judicial Insights
April 23, 2026: Blank Rome partner Alan R. Feigenbaum authored this New York Law Journal article discussing how courts define parental alienation within custody dispute cases. 
Inside the ‘Financial Infidelities’ That Tear Marriages Apart
April 20, 2026: Blank Rome partner Marilyn B. Chinitz was featured in this Wall Street Journal article discussing financial infidelities within marriages. 
Ask Stacy – What Your Garden Can Teach You About Divorce
April 16, 2026: In this LinkedIn Article, Stacy D. Phillips answers questions from her readers and podcast listeners and shares her “hot takes” and insights on the issues.
Ask Stacy – Divorce is No Laughing Matter … Or is It?
April 15, 2026: In this LinkedIn Article, Stacy D. Phillips answers questions from her readers and podcast listeners and shares her “hot takes” and insights on the issues.
Ask Stacy – Surviving the Chill of Divorce
March 30, 2026: In this LinkedIn Article, Stacy D. Phillips answers questions from her readers and podcast listeners and shares her “hot takes” and insights on the issues.
Inside the Stunning Downfall of NBA Icon Dwight Howard as New Bodycam Footage Lays Bare Latest Feud
March 23, 2026: Blank Rome partner Sarah M. Luetto was featured in this Daily Mail article discussing potential repercussions for the former Los Angeles Lakers star Dwight Howard amid recent abuse allegations.
Blank Rome Welcomes New Matrimonial & Family Law Of Counsel Jackielyn H. Abellada in Los Angeles
March 23, 2026: Blank Rome is pleased to announce that Jackielyn H. Abellada has joined the firm’s Los Angeles office as an of counsel in the Matrimonial & Family Law practice group
Michelle Piscopo Joins Financial Planning: Explained
March 20, 2026: Blank Rome of counsel Michelle Piscopo joined host Michael Menninger on Financial Planning: Explained, a weekly educational show that discusses unique approaches to financial planning.
Groundbreaking Decision on Authentication of Video Evidence
March 19, 2026: Blank Rome partner Alan R. Feigenbaum authored this New York Law Journal article discussing how even amid disturbing facts and concerns about child safety, video evidence must meet strict evidentiary standards, particularly in an era of potential digital manipulation.
What the Oscars Gift Bag Says About Divorce Planning
March 18, 2026: Blank Rome partner Morgan F. Mouchette authored this Forbes article discussing the “Everybody Wins” gift bags given to top Oscar nominees and the notable inclusion of a custom prenuptial agreement within.
Brett S. Ward Joins the Disrupting Divorce Podcast
March 13, 2026: Blank Rome partner Brett S. Ward joined host Rhonda Noordyk on the Disrupting Divorce podcast to discuss the concept of “alienation of affection” and its role in modern divorce disputes.
Stacy D. Phillips and Kristina Royce Named 2026 Top Family Lawyers by Daily Journal
March 13, 2026: Blank Rome partners Stacy D. Phillips and Kristina Royce, who also serves as co-chair of the firm’s Matrimonial and Family Law practice group, have been named 2026 Top Family Lawyers by the Daily Journal.
The Gates’ Divorce: Insights for Affluent Couples Who Run Foundations
March 13, 2026: Blank Rome partners Morgan F. Mouchette and Kyle G. Durante were featured in this Inside Philanthropy article discussing charitable giving in the wake of the divorce between Bill and Melinda Gates.
Whose Charity Is It Anyway? How Family Law Treats Philanthropy Made During Marriage
March 11, 2026: Blank Rome partners Jackie Combs and Sarah Luetto authored this National Law Review article discussing how charitable giving can spark disputes in high-net-worth divorces.
Zendaya’s Secret Wedding: The Legal Art of Keeping Love Private
March 6, 2026: Blank Rome partner Morgan F. Mouchette authored this Forbes article discussing how actors Zendaya and Tom Holland kept their marriage largely hidden from the public eye. 
Michelle M. Gervais Recognized in the 2026 Lawdragon 500 Global Leaders in Crisis Management Guide
March 2, 2026: Blank Rome is pleased to share that partner Michelle M. Gervais has been named to the 2026 Lawdragon 500 Global Leaders in Crisis Management guide.
Gen Z Is Embracing the Prenup, Says Family Law Attorney: ‘The Taboo of Divorces Is Long Gone’
February 28, 2026: Blank Rome partner Jackie Combs was featured in this CNBC Make It article discussing how more Gen Z prenuptial agreements are trending.    
Marilyn B. Chinitz on Life After Divorce
February 26, 2026: Blank Rome partner Marilyn B. Chinitz recently appeared on PIX11 News to discuss why divorce isn’t a failure, but an opportunity for healing, growth, and stronger relationships ahead.
Influencer Prenups Are on the Rise. How the Legal Arrangement Differs from a Traditional Prenup
February 20, 2026: Blank Rome partner Alan R. Feigenbaum was featured in this PEOPLE article discussing some of the difficulties in developing prenuptial agreements. 
‘Who You Marry Is the Biggest Financial Decision in Your Life,’ Says Attorney: Ask These 6 Money Questions on a First Date
February 18, 2026: Blank Rome partner Jackie Combs was featured in this CNBC Make It article discussing interesting financial questions to ask a potential partner on a first date.   
Equitable Distribution Agreements Are Final Agreements
February 19, 2026: Blank Rome partner Alan R. Feigenbaum authored this New York Law Journal article discussing how equitable distribution provisions in divorce settlements are final and binding, even when a party later obtains new information that could have altered the deal.
Diamonds Are Forever, Divorce Rings Are for What Comes After
February 13, 2026: Blank Rome partner Jackie Combs was featured in this Wall Street Journal article discussing the significance of engagement and marital rings after a divorce.
Kyle Cooke & Amanda Batula Skipped a Prenup, Is Loverboy in the Lurch?
February 10, 2026: Blank Rome partner Morgan F. Mouchette authored this Forbes article discussing the recent separation of reality stars Kyle Cooke and Amanda Batula.
Highly Attractive Partners Have ‘Financial Stability’—but These 4 Money Red Flags Doom a Relationship, Survey Finds
February 10, 2026: Blank Rome partner Jackie Combs was featured in this CNBC Make It article discussing financial alignment when choosing a marital partner.  
Marilyn B. Chinitz Joins the I Do, Part 2 Podcast
February 4, 2026: Blank Rome partner Marilyn B. Chinitz joined host Jennifer Fessler on I Do, Part 2, an iHeartRadio podcast.

Parental Alienation in Divorce: Judicial Insights

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Alan R. Feigenbaum, Judge Richard A. Dollinger*, and Deepti Shenoy* ●

New York Law Journal, April 23, 2026 —

Parental alienation has been characterized by the appellate courts as an act so—alien—to a child’s best interests as to render a parent presumptively unfit to have custody of the child. Given the ubiquity of claims of parental alienation in custody litigation, and the significance of findings of alienation on the outcome of custody decisions, it bears inquiring: what, in fact, is parental alienation? How does it affect a child’s best interests? And in what circumstances should it play a determinative role in a custody decision?

Last month, these authors presented an online CLE titled “Parental Alienation: A Primer”. In that CLE, we addressed Justice Richard Dollinger’s (Ret.) decision in J.F. v. D.F., 2018 NY Slip Op 51829(U) (Sup. Ct. Monroe Cty., 2018). J.F. stands out as arguably the most comprehensive effort in New York caselaw to drill down on these questions and explore the concept of parental alienation in depth.

In J.F., Justice Dollinger wrote that “The tort of intentional infliction of emotional distress

consists of four elements: (i) extreme and outrageous conduct; (ii) intent to cause, or disregard of a substantial probability of causing, severe emotional distress; (iii) a causal connection between the conduct and injury; and (iv) severe emotional distress…Simple word substitution—‘parental alienation’ for ‘emotional distress’—creates an equivalence between this tort designed to protect an individual’s emotional status and the family law concept to protect and preserve a parent’s relationship with their children. If the substitution works, then parental alienation consists of four elements: (i) extreme and outrageous conduct; (ii) intent to cause, or disregard of a substantial probability of causing, severe alienation of any parent from a child; (iii) a causal connection between the alienating conduct and the child’s rejection of a parent; and (iv) severe parental alienation.”

We spoke with Judge Dollinger in an effort to solicit his view as to the state of the discourse on parental alienation and what remains for practitioners, courts, and interested parties to consider as we continue to explore the concept of parental alienation and the role it should play in custody matters. What followed was an illuminating discussion—a view from the bench—which we present in Q&A form below:

1. In J.F., you wrote that parental alienation is an “undefined concept” in New York family law. How is it that a concept which is at stake in so many contested custody disputes remains undefined?
Judge Dollinger: The concept is undefined because of the complex factors at play in intra-family squabbles that come to the courts. Trying to isolate and prioritize facts, when contested by fathers, mothers, and often children, and to then evaluate those facts in complicated family relationships that are aggravated by separation, defies easy definition. 

Read more on our website.

*Richard A. Dollinger is a retired member of the Court of Claims and served as an acting Supreme Court Justice in the 7th Judicial District where he supervised matrimonial cases. Deepti Shenoy is senior counsel at Aronson Mayefsky and Sloan.

Groundbreaking Decision on Authentication of Video Evidence

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Alan R. Feigenbaum and Brett S. Ward ●

New York Law Journal, March 19, 2026 —

The Court of Appeals’ decision in ‘Matter of M.S.’ marks a significant development in the law governing the authentication of video evidence in Family Court proceedings.

If, as an attorney, your practice in any way shape or form involves hearings, trials, arbitrations, etc. where you are called upon to lay a foundation to authenticate videographic evidence, it is imperative that you read the Court of Appeals’ recent decision in Matter of M.S., 2026 NY Slip Op 00825.

The facts of M.S. are deeply disturbing. The Family Court (Erie County) found that the mother (M.H.) abused her daughter (M.S.) and derivatively abused her son (G.H). This finding was based upon three videos from May, June, and July 2019 that, according to the majority opinion, “appeared to show M.H.’s former live-in boyfriend, D.K., sexually abusing M.S.” “In one of the videos, M.H. can be seen leaving the room a few minutes before D.K. is shown touching and caressing M.S.”

The videos were not discovered in the family home or on any camera or computer belonging to the mother or her boyfriend. In the course of an FBI investigation into persons suspected of trading child pornography, agents executed a search warrant on B.W.

During questioning by FBI agent Martin Baranski, B.W., in an unsworn statement said (according to Agent Baranski) he had been “hack[ing] into security web cameras for the past few years,” had “watched a lot of security camera footage” of the house where M.H. lived, and “hacked” into a video in 2019 showing what he thought was an adult male sexually abusing his 15-year old stepdaughter.

M.H. (the mother) told police that screenshots of two people taken from the videos depicted D.K. and her daughter, M.S.

The majority opinion writes that the daughter, M.S., “denied that she had any sexual contact with D.K.” and claimed she was “conflicted” and “confused” by the allegations and description of the video.

Justice Shirley Troutman’s dissent places particular weight on the Child Advocacy Center (CAC) interview, emphasizing that while the child made no express disclosures, her demeanor and responses were consistent with fear and trauma rather than fabrication.

In the words of Justice Troutman: “Nothing about this interview supported the argument that [the daughter] honestly denied being abused. On the contrary, she presented as an abused child who was afraid to speak honestly.”

On motion by Erie County, the children were removed from their mother, a stay-away order was issued directing D.K. to have no contact with the children, and the children were ultimately placed into a foster home. While the case was pending, M.S. turned 18 and aged out of foster care, and the son (now 16), remains in foster care.

At the hearing, neither the mother nor her boyfriend testified. The mother joined her boyfriend’s objection to admitting the videos obtained from B.W. Erie County tried to lay the foundation for the videos through testimony of Agent Baranski and Gary Mahoney, one of the state police officers who searched the mother’s home. Agent Baranski testified about how he found the videos, and Investigator Mahoney noted that the living room at the house “matched the living room in the video” and noted he observed cameras in the house and “there were sex toys of the kind depicted in the videos.”

Read more on our website.

Mandatory Parent Education: Hope for New York Families

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Alan R. Feigenbaum ●

New York Law Journal, September 4, 2025 —

It is no secret to New York’s family law bar that divorce and separation stress can trigger lasting trauma in young children, teens, adult children, and their parents, and can reshape young and adult brains and emotional health.

If you were to poll the matrimonial bar and take their temperature on questions such as: Is the AFC (attorneys for children) structure working for families in contested custody cases (why or why not)?; Is the parent coordinator dynamic working for families in contested custody cases (why or why not)?; and/or is the appointment of forensic psychologists or related mental health professionals in contested custody cases bringing families closer to resolution or farther from resolution?; we suspect the answers would run the gamut.

To be sure, there are AFCs, parent coordinators, family therapists, and forensic psychiatrists that have done and are doing upstanding work for New York’s families in distress. But we cannot ignore that, as with almost anything in the legal profession, there is always room for improvement.

With that in mind, the State legislature has a chance to ameliorate the negative impacts of parental breakup with a remedy justified by science and decades of research and experience: mandatory parent education in disputed custody cases.

A new bill, filed this year in the State Assembly, would mandate that parents involved in contested custody matters be required to attend a state-approved parent education program as part of the processing of their matter through the Supreme and Family courts.

Read more on our website.

Constructive Emancipation in Divorce: A Steep Evidentiary Burden

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Alan R. Feigenbaum ●

New York Law Journal, August 21, 2025 —

One of the most glaring contradictions in the practice of matrimonial law is that divorce litigation proceeds all the way up through the start of a trial without being governed by the rules of evidence. But when a trial starts, perhaps years after the divorce action has been commenced, all of a sudden the rules of evidence are front and center.

The danger posed by this contradiction should be obvious: an attorney can prosecute an argument or arguments for the better part of 80 to 90 percent of the duration of a divorce litigation without concern for questions such as (1) is this hearsay, and if so, is there a hearsay exception that applies; (2) is this document authenticated; (3) can I get this document in evidence even though its author is no longer alive; (4) is this a business record, and many more.

But when trial starts, the unchained litigious arguments that an attorney can make in motion papers and at oral argument on motions without evidentiary restriction are met with a gigantic brick wall, and that attorney had better be ready with concrete evidence.

That brings us to the subject of constructive emancipation of children in divorce, which to my mind incorporates one of the most challenging and complex burdens of proof in the scheme of the many claims that can be made in the context of divorce litigation.

In the recent decision of L.E. v. Y.E., 2025 NY Slip Op 51038(U) (Family Court, Westchester County, May 2025), the petitioner-father sought to discontinue his child support obligations for his three children on the basis that they had been constructively emancipated. Prior to the father’s modification petition, the mother had been awarded sole legal and physical custody, with the father having “supervised and/or unsupervised access” with the children.

The father ceased paying all support in 2023, and alleged that “despite his efforts, the children have refused to see him for six years, and by their choice and not his actions, and as a result, are constructively emancipated.”

Read more on our website.

What It Means to Have ‘Joint Legal Custody’

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Alan R. Feigenbaum ●

New York Law Journal, November 1, 2024 —

As divorce lawyers, when we break down the parameters of “physical custody” and “legal custody,” we tend to proceed on autopilot.

Meaning, we immediately begin to determine what could be a workable “regular schedule” (which parent is with a child, when, and for how long, in a 14-night cycle, i.e., 7-7, 8-6, 9-5) and a “holiday/vacation schedule,” i.e., who has this holiday versus that holiday in “even-numbered” vs. “odd-numbered” years.

We then get to work on how “major decisions” affecting a child’s welfare will be made, e.g., sole decision-making, joint decision-making, joint decision-making with a parenting coordinator as a “tiebreaker” of sorts, etc.

Continue reading →

The State of New York Divorce Practice

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Alan R. Feigenbaum ●

New York Law Journal, July 26, 2024 —

Compassion, humanity and the resources to act promptly are greatly needed when it comes to making sure that the matrimonial courts in New York are able to continue providing invaluable assistance to families in distress. Our matrimonial courts are tasked with protecting the best interests of children across this entire state. If our courts are slow to act due to backlog and insufficient resources then that reality has the potential to enable bad actors to prevail, secure in the knowledge that the courts may struggle to stop them. So the question I have is, have our matrimonial courts been provided with the resources necessary to protect children of divorce?

To answer that question, I decided to poll some of the many upstanding members of our Bar, as well as a retired judge, and get their views on the matter. To conclude this article, I will share my views as well.

Read more on our website.

When There Are No Custody Heartstrings to Pull

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Alan R. Feigenbaum ●

New York Law Journal, June 4, 2024 —

There is something about parental arguments over children, otherwise known as custody disputes in the matrimonial arena, that generate a spectrum of emotions not seen in the context of disputes over dollars. Certainly, financial disputes carry their own set of emotions for divorcing spouses. But custody disputes tend to open the door to claims made in litigation that, from the outsider’s attentive view, are sometimes a bridge too far.

How can we explain the tendency of litigants to overreach when it comes to custody disputes? First, there is the salt on the wound feeling from shifting from a world in which a parent (stay at home or working) expects to see their child each day to a world in which days are spent by a parent without his or her child in the home.

Ashleigh Louis, Ph.D., a mediator with a background as a dual-licensed psychologist and marriage and family therapist who does work for Quantum ADR, describes the feeling of absence as follows: “Every moment that is allocated to the other parent is time that parent does not get to spend with their child, and the absence of control and oversight over their child’s wellbeing can set off a cascade of worry and distress. There tends to be significant hurt, anger, resentment, sadness, and other challenging feelings that can permeate the ongoing lens through which they view the other parent, not only in their relationship with each other, but also in their relationship with their shared children.”

Read more on our website.

Divorce Law Ends 2023 on a High Note

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New York Law Journal, December 11, 2023 ●

Alan R. Feigenbaum ●

This author started off the New Year in January 2023 with an article showcasing a decision by the Honorable Jeffrey S. Sunshine that demonstrated excellence in the practice of matrimonial law.

As 2023 comes to a close, given the state of world affairs, I find myself searching for any remaining vestiges of humanity. If I have to return to matrimonial jurisprudence to find vestiges of humanity, so be it.

Against that admittedly bleak backdrop, which I do not believe is overstated considering what has transpired in our world over the last few months, I felt my confidence in the willingness and dedication of our courts to do what is right, and what is just, sparked by Judge Edmund M. Dane’s Nov. 14, 2023 decision in T.H. v. G.M., 2023 NY Slip Op 51267(U).

T.H. brings us back to the standards under which a divorcing person may seek temporary exclusive use and occupancy of a home, which results in the physical separation of parents during divorce. As a general matter (excluding cases involving alarming threats of harm/extreme emotional abuse) there must be competent proof of physical violence or damage to property to justify the remedy of temporary exclusive use and occupancy. Failing that, if one spouse has an alternative residence, and his/her return to the home would cause strife, the exclusive use remedy may also be available.

A restrictive view of domestic violence has regrettably permeated matrimonial jurisprudence into following a litmus test of sorts that asks this: does the person seeking the exclusive use remedy have a black eye, or something equivalent?

Read more on our website.

Protecting Children’s Safety: The Divorce Court’s Awesome Power

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New York Law Journal, November 2, 2023 ●

Alan R. Feigenbaum ●

In 2016, ESPN’s 30 for 30 series released “Doc and Darryl,” a documentary profile of the former New York Mets legends Dwight “Doc” Gooden and Darryl Strawberry.

In that documentary, Bob Forrest—identified as an addiction specialist—delivers the following, harrowing words on the issue of substance abuse: “In the end, if you don’t realize how $%@! up you are being a drug addict, you’re probably going to keep $%@! up.”

Outside of divorce practice, some of us have lived the terribly sad experience of trying to help someone who succumbs to substance abuse who does not himself/herself come to the realization that Forrest spoke of in Doc and Darryl.

As divorce lawyers, many of us have crossed paths with this phenomenon as well, which often times manifests itself in the form of a client who, despite handwriting on the wall type evidence of a substance abuse problem, remains adamant that “there is nothing wrong with me.”

When children of divorce find themselves in a situation where one, or both parents, suffer from substance abuse problems, trial judges in matrimonial cases are faced with the daunting task of establishing appropriate protocols to ensure that those same children are kept safe.

Such was the case in the matter of SG v. MG, NY Slip Op 51063(U) (Supreme Court, Nassau County, Oct. 5, 2023) (Dane, J.), where the court had to confront how to address a party’s continued use of Adderall in the context of safeguards surrounding access with the parties’ children.

Read more on our website.