961 Broadway, Suite 115
Woodmere, NY 11598

(516) 268-7077


Yes, public delirium, can make you lose custody.

In Hogan v. Hogan, 159 A.D.3d 679, (Second Dept. 2018), parties have one child in common. Father was awarded temporary custody of the child after the mother was incarcerated and set visitation schedule for the mother. The incarceration arose out of her failure to make restitution payments required because she was convicted of grand larceny on account of stealing PTA money. at the child’s school.

A custody determination depends to a great extent upon an assessment of the credibility of the parties and witnesses. Furthermore, in determining custody, while the express wishes of a child are not controlling, they are entitled to great weight.

Evidence in the record shows mother’s theft of the PTA funds, poor decision-making about her failing business, postings on her blog and Flickr account, and unstable housing circumstances demonstrated poor caretaking ability and parental judgment. Additionally, the relationship between the mother and child deteriorated after the mother’s incarceration.

The mother’s decision to seek election to the position of second vice president of the PTA at the child’s new school, and her subsequent election to that position, rekindled the negative publicity about her earlier theft. Additionally, the court-appointed forensic psychologist recommended that the father have custody. The attorney for the child supported that position.

Though the court left open the possibility of the mother’s future participation in the child’s therapy sessions, the court determined that the parties’ inability to communicate and cooperate on matters concerning the child, together with the child’s strong position about the mother, rendered joint counseling sessions at that time unworkable and inappropriate under those circumstances.

Leave a comment

Your email address will not be published. Required fields are marked *

Contact Us

sidebar image

Rubinstein Law Firm

The Rubinstein Law Firm proudly serves all of New York for divorce and other state matters and the whole country on intellectual property related matters.


  • What grounds do I need to file for divorce?
    • New York is a no-fault jurisdiction which means the most commonly cited cause is IRRETRIEVABLE BREAKDOWN IN RELATIONSHIP. So, for example, if your spouse had adultery, it is not really relevant to the actual divorce grounds.
  • Do I file a contested divorce or an uncontested divorce?
    • Uncontested means both parties agree to sign a settlement outside of court and are relatively close in terms of what they want in the terms.
  • How much does the divorce process cost?
    • Uncontested divorces are considerably cheaper, the range is between $1,000-$3,000 depending on complexity. For a contested divorce, it will depend on how willing the spouses are to work together, if so, it can cost as little as $7,000 but if there is excessive fighting the divorce can last years and the sky is the limit.
  • How long before I am officially divorced?
    • Fortunately, NY is not a state that requires a separation period. So as long as you and your spouse have been married for at least 6 months and are an NY resident, you can begin the process immediately. If the divorce is not contested it can be completed in as fast as two months and may take as long as eight months. If the divorce is contested and the parties find it challenging to agree, divorce can go on for many years.

Request A Consultation