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Finally, A Better Definition of Family

September 21, 2016 By Joy Rosenthal

New York’s highest court, the New York State Court of Appeals, made a long overdue and unquestionably important decision last month—that a de facto parent who is not a biological or adoptive parent has standing to petition for custody and visitation. This comes up in the context of same-sex relationships where one parent is related to the child biologically, where the parents have raised the children together but are not married.  The issue is whether, if they break up, the … read more »

Filed Under: Caregiving, Children, Divorce, Families, LGBT Tagged With: children, compassion, conflict, court, custody, divorce, family, gay, lesbian, LGBT, marriage

How History is Written

April 8, 2016 By Joy Rosenthal

I just read a beautiful tribute to the late Hon. Judith Kaye (1938-2016), who was the much respected and beloved Chief Judge of the Court of Appeals of the State of New York.  The tribute was written by Roberta Kaplan, Esq., who represented Edith Windsor in US vs Windsor, the landmark Supreme Court case that, overnight, extended equal rights of gay and lesbian Americans in unprecedented ways.  Ms. Kaplan recently remembered Judge Kaye at a dinner for Le-Gal, the LGBT … read more »

Filed Under: Adoption, Children, Families, LGBT Tagged With: family, gay, law, lesbian, LGBT

Same Sex Married Couples Still Need Second Parent Adoptions

June 2, 2015 By Joy Rosenthal

I have written about this before, and it is still true – same sex couples still need second parent adoptions even though they are legally married. New York’s Appellate Division Second Department made this clear their May 2015 decision, Matter of Paczkowski. The case is about a lesbian couple who was married and had a child together during the marriage.  The non-biological mom had not adopted their child. The couple later broke up, and she filed for joint custody, arguing … read more »

Filed Under: Adoption, Children, Families, LGBT, Marriage Tagged With: Adoption, children, family, gay, law, lesbian, LGBT

Second Parent Adoptions are Still Necessary!

June 17, 2014 By Joy Rosenthal

The NY Times’ Motherlode blog ran an article today about 2nd parent adoptions, and Judge Lopez Torres’ recent decision to deny a petition for such when the adoptive parents were married. Here is my comment (which they also published): I am an attorney who does second parent adoptions. I have completed and filed several such adoptions in New York State since Judge Lopez Torres’ decision was published – parallel courts recognize them as still being necessary. While Judge Lopez Torres’ … read more »

Filed Under: Adoption, Caregiving, Families, General, LGBT Tagged With: Adoption, children, family, gay, lesbian, LGBT

The Dreaded Pre-nup

February 18, 2013 By Joy Rosenthal

Lately, I have had a few clients who have come to me asking for a prenuptial agreement because their parents insisted that they have one. Prenups used to be thought of only for the rich and famous.  But they are becoming much more common, and are losing some of their stigma.  When should you consider having a pre-nup?  Here are some common examples when a pre-nup can be helpful.  If: You are part of a family business, and you want … read more »

Filed Under: Collaborative Process, Divorce, LGBT, Marriage, Mediation, Negotiation, Prenuptial Tagged With: children, collaborative process, common ground, compassion, conflict, family, gay, lesbian, LGBT, marriage

Will the law catch up?

July 4, 2011 By Joy Rosenthal

The papers have been rife with stories this week about New York’s new law allowing same-sex marriage.  It couldn’t have come at a more poignant time – 2 days before Gay Pride day.  People have described the mood there as unadulterated joy – one friend even told me, “I haven’t experienced anything like that since the March on Washington” — meaning the 1963 march in which Dr. Martin Luther King, Jr. gave his “I Have a Dream” speech.  It is … read more »

Filed Under: Cultural Competence, Divorce, Families, General, LGBT, Marriage, Prenuptial Tagged With: children, common ground, custody, divorce, family, gay, hope, inclusivity, law, lesbian, LGBT, marriage

Marriage Equality in New York State!

June 25, 2011 By Joy Rosenthal

Last night the NYS Senate approved our marriage equality bill, allowing same-sex couples to marry.  This is historically significant in several respects: New York is the largest state to legalize same-sex marriage. New York is only the 6th state in the US to legalize same-sex marriage. This more than doubles the number of same-sex couples who can marry in their home state. Marriage has numerous benefits to families. The vote was largely the result of advocacy groups working overlooking their … read more »

Filed Under: Cultural Competence, Families, LGBT, Marriage Tagged With: Andrew Cuomo, civil rights, common ground, family, gay, inclusivity, Julian Bond, lesbian, LGBT, marriage, New York

More changing families!

June 19, 2011 By Joy Rosenthal

In my last post (this morning), I wrote about 3 articles in today’s Sunday New York Times about interesting family configurations or trends.  Well, obviously I hadn’t read the whole paper! A Father’s Day Plea to Sperm Donors is by a young man who would like, on this Father’s Day, to know who his father is; My Ex-Gay Friend explores the life of a young man who was comfortable being out, and then went back in; Living the Good Lie … read more »

Filed Under: Cultural Competence, Families, Happiness, LGBT Tagged With: children, divorce, gay, inclusivity, IVF, law, lesbian, sperm donors

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Rosenthal Law & Mediation
212.532.4704

Joy S. Rosenthal, Esq.
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Brooklyn, NY 11215

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