Over 30 years of experience in divorce & family law



Michael Stern, Esq., a New York Divorce and Family Law Attorney with over 33 years of experience suggests that some thought must be given to the proposed terms of a Child Custody Stipulation, because the Courts will only enforce those provisions that are in the best interests of the child.

Gavel with wedding rings next to itIn a recent case determined by the Appellate Division of the Supreme Court, Second Judicial Department, the Court was presented with a situation where a stipulation of settlement contained a mandate that the father refer to the child by his English legal name. Both parties were represented by counsel when the settlement was reached. The trial Court held a hearing on the issue and determined that the father was required to refer to the child by his English legal name. Apparently, the father conceded that he refers to the child by another name. On appeal, the Court found that this type of provision should be enforced as it was in the child’s best interests. The father was directed to refer to their child by his English legal name when addressing him, introducing the child to others, or when the father was in conversation with others with the child present.

During my long career, I have assiduously avoided drafting settlement agreements that are unenforceable. Accordingly, I give a great deal of thought to the terms of each agreement that I draft. It is better to overstate the terms of a Family Court or Divorce Settlement than to leave it up to the parties to sort it out later in contested post-judgment litigation. I strive to carefully draft agreements relating to issues of child custody, child support, the disposition of assets and apportionment of liabilities.

Focusing on the needs of the client and the results sought have always been a hallmark of my Long Island practice over the past 31 years. Feel free to contact me, H. Michael Stern, Esq. a  Long Island Divorce and Family Lawyer, if you are interested in discussing your matrimonial, divorce or family law matter at hmsternesq@gmail.com or by phone at 516-747-2290.

My Long Island office is conveniently located adjacent to the Roosevelt Field Mall ring road at 666 Old Country Road in Garden City, New York.

Written by, H. MICHAEL STERN, Divorce & Family Lawyer, Nassau County NY

The above offers general information for educational purposes. It does not provide comprehensive or complete legal analysis. Any information that I provide should not be relied upon as legal advice or legal opinion on any particular facts or circumstances. Outcomes and results described do not mean or suggest that similar results or outcomes can or could be obtained in any other situation. Each legal matter should be considered to be factually unique and subject to varying results. The invitation to contact the author is not a solicitation to provide professional services, nor is it a statement of availability to perform legal services in any jurisdiction other than the State of New York. This is attorney advertising. Prior results do not guarantee future outcomes.