On Demand
Audio
Navigating New York Custody Disputes When Substance Abuse & Addiction Are At Issue
Produced on April 18, 2019
Course Information
Course Description
Custody disputes between married or unmarried parents can be difficult to manage, but when substance use and addiction are at issue, a resolution of custody for the family may seem impossible. This program provides a discussion of issues that may be encountered in a custody dispute, ways to address them, and how to protect your client while also considering the family as a whole. Presented by Emily S. Pollock and Kelly A. Frawley, partners in the matrimonial and family law department of Kasowitz Benson Torres LLP, this program will provide an overview of the laws and practical considerations a practitioner should keep in mind when representing a parent in a custody dispute involving substance use and addiction.
Learning Objectives:
- Identify when substance use should be addressed in the context of a custody case
- Review the monitoring techniques including testing, treatment and supervision, and the duration of said monitoring
- Examine different strategies when representing the user vs. the non-user
- Decide when to seek judicial intervention if a parent or both parents have substance abuse issues
- Explore how to work in conjunction with an Attorney for the Children
- Become familiar with various provisions for increased parenting time and monitoring protocol in a divorce agreement
- Consider the impact of a parent’s criminal case pending simultaneously with the custodial matter
- Discuss when to involve non-legal professionals
Credit Information
Faculty
Emily Pollock
Kasowitz Benson Torres LLP
Emily S. Pollock is a partner with the matrimonial department of Kasowitz Benson Torres LLP, and has been practicing exclusively as a matrimonial attorney for the past nine years. Emily’s practice focuses on disputes involving divorce, equitable distribution, custody, visitation, child and spousal support, paternity and other areas of family and matrimonial practice, including representing individuals in drafting and negotiating prenuptial and post-nuptial agreements.
Prior to joining Kasowitz, Emily served as a law clerk to the Honorable Paul H. Anderson of the Minnesota Supreme Court and then practiced securities litigation as an associate with Gibson, Dunn & Crutcher, LLP. She obtained her J.D., magna cum laude, from the University of Minnesota Law School in 2002 and a B.A. in psychology from the University of Chicago in 1996.
Emily is on the legislation committees of both the New York Women’s Bar Association and the New York State Bar, Family law Section. She is recognized as a "Rising Star" in the 2014 edition of New York Metro Super Lawyers. Emily also has been quoted on matrimonial issues in various publications, including Essence Magazine, has appeared as a guest discussing prenuptial agreements on the podcast $mart Women, and co-authored the article, How Getting a Job Can Work for Your Client During Divorce, for Family Lawyer Magazine.
Emily lives on the Upper West Side with her four- year-old son, Henry.
Kelly Frawley
Kasowitz Benson Torres LLP
Kelly A. Frawley is a partner at Kasowitz Benson Torres LLP where she has been practicing exclusively in the matrimonial and family law department since 2007. She negotiates and litigates all aspects of matrimonial and family law including equitable distribution, maintenance, child support, custody and parenting time.
Prior to joining the firm, Kelly served as an Assistant District Attorney at the New York County District Attorney’s handling narcotics and firearms cases, including as lead counsel in fourteen felony trials from jury selection through verdict.
Kelly is a co-chairperson of the Public Service and Education Committee and a member of the Executive Committee of the New York State Bar Association Family Law Section.
Kelly graduated St. John’s University with a Bachelor of Arts in Economics in 2000 and St. John’s University School of Law with a Juris Doctor in 2004. She was named by Super Lawyers as a Rising Star in Family Law in 2013, 2014 and 2015.
She resides on the Upper West Side of Manhattan with her husband.
Reviews
I enjoyed this course very much. The format of having two colleagues present was very effective in maintaining interest, and their presentation styles complemented each other. Content was informative.
Really good.
The two presenters worked well together and gave a lot of interesting illustrative examples based on their practice experience.