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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.

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    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 kind of cases do you handle?
    • Family Law Cases such as:

      – Divorce- both contested and uncontested, same sex and gray divorce

      – Custody

      – Support

      – Alimony/ Maintenance

      – Equitable Distribution

    • Intellectual Property cases such as:

      – Patents

      – Copyrights

      – Trademarks, Service Marks and Trade Dress

      – Data Privacy

      – Transactional work such as: Terms and Conditions, IP registration and enforcements and cease and desists

      – Any other IP related matter.

    • How much will my matter cost?
      • Our firm has a different philosophy than virtually any other, we try to close cases quickly. We recognize if you are happy, you will refer us clients. In most matters, it will depend on how complicated the facts and/or legal issues are and how willing the parties are to settle.
    • How does your firm have two differing specialties?
      • We spend a lot of money, time and resources to remain experts in our respective fields. Join the parties and opposing counsels who are baffled by our expertise in both areas.

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