Family Law – N.Y.U. Proceedings

by Lana Davidoff*

In making custody determinations, a court’s only goal is evaluating and effectuating the child’s best interest. This Contribution argues that courts making child custody decisions must treat a parent’s sexual conduct with greater consistency and analytical rigor. Although the “best interests of the child” standard requires courts to weigh factors like parental fitness, stability, and capacity to provide care, the analysis of sex addiction within this framework remains fragmented and often distorted by moral judgment. This Contribution contends that sex addiction should only be considered by courts making custody determinations through a structured inquiry that distinguishes between diagnosis and conduct, resists moralistic reasoning, and requires a causal nexus between the conduct and potential or actual harm. By reframing courts’ consideration of sex addiction in custody determinations with regard to parenting capacity, courts will be better equipped to protect children’s welfare without encroaching on parents’ liberty.

by Noah Noonan*

The New York Family Court Act defines a “person legally responsible” for child abuse and neglect as a custodian, guardian, or any individual responsible for a child’s care. Matter of Yolanda D., the seminal case on this definition, held that to satisfy the third ‘catch-all’ category, the respondent must be the “functional equivalent” of a parent. Following that decision, New York State Family Courts deciding whether a respondent is a person legally responsible for a child’s care focused on the respondent’s role in the child’s life. Recently, though, the New York Court of Appeals readdressed the issue of how to characterize persons legally responsible in Matter of Trenasia J. The Court in Matter of Trenasia J. nominally applied the holding from Matter of Yolanda D.—that a person legally responsible must be a “functional equivalent” of a parent— but fundamentally changed the nature of this inquiry by allowing the simple existence of a familial relationship to be practically determinative. This Contribution argues that Matter of Trenasia J. improperly diverged from Matter of Yolanda D. and contravened the legislative intent behind the definition of a “person legally responsible.”

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Exploring New Approaches to Unsettled Legal Questions

Tag: Family Law

Sex, Stigma, and the Best Interests Standard: Demanding Causation in Custody Adjudication

Persons Legally Responsible for Children in New York State: A Standard Diverging from Legislative Intent