The Child’s Best Interest under New York Law

During divorce proceedings, New York State courts decide child custody arrangements based on the “best interest of the child” standard. This considers several non-weighted factors that can impact a child’s development and sense of security. Custody includes making health and education decisions for the child. If joint custody is awarded, both parents will share their caretaking responsibilities and decision-making authority evenly. 

In some cases, one parent may be provided with more responsibility than the other. In these cases, the best interest standard informs decisions regarding which parent is assigned as the child’s primary caretaker and how visitations are scheduled or outlined. An overarching factor that impacts all the other decisions involves maintaining stability in the child’s life.

If one parent has assumed most of the child-rearing responsibilities, this will be considered by the judge when deciding. The court understands that changes brought on by divorce can have a significant impact on a child’s emotional development and well-being. For this reason, judges are more likely to decide arrangements that will minimally disrupt the child’s daily life. For example, if one parent relocates after the divorce, this may affect their ability to be awarded sole custody, as the child must be uprooted to uphold this arrangement.

However, if the parents themselves have agreed to a custody arrangement, or the child is old enough to state their preferred living situation, this can also affect the final decision. Other factors may indicate that one parent is better suited than the other. If a parent has difficulty maintaining a safe and healthy home environment, or is managing an illness or mental health issue, it may be considered in the child’s best interest to stay with the more stable parent.

On the other hand, financial distress and illness alone are not sufficient grounds to deny a parent access to their child. The court does not look well at parents who interfere with visitation schedules, as this can disrupt the child’s ability to bond with the other parent. In cases where there is a documented history of abuse, either against the child or the spouse, the parent who committed the offense will be much less likely to be awarded custody. If a parent is accused of abuse during the proceedings, the court will investigate these claims. If they are discovered to be unfounded, it can hurt the accusing party’s case, as this can be interpreted as interfering with a parent’s ability to maintain a relationship with their child. 

Circumstances surrounding the children themselves are also considered. The court may examine both parents’ living arrangements to determine which situation would be best for the child. If one parent lives in a district with a superior school system, this may be a significant factor.

On the other hand, if the child has a cognitive or physical disability, the judge may award primary custody to the parent who is best able to accommodate the child’s additional needs. If either party has other children who are not directly involved in the case but are the half or full siblings of the child whose custody is in question, this can also be a deciding factor. Judges prefer to place children with their siblings, as this can provide a sense of stability.

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What Does Title Insurance Cover?

Real estate experts encourage all property buyers to purchase title insurance to protect their investments. During most real estate transactions, a title company or an attorney conducts a title search to ensure that there are no errors or debts on the property. However, even after a thorough title search, mistakes or errors can result in serious financial losses for new property owners. Title insurance covers claims that arise after the sales transaction has closed. These claims may come from heirs or creditors who have liens against the property. Other legal issues may result from filing errors.

Title insurance for the property owner and mortgage lender costs a maximum of 1 percent of the purchase price. After the upfront payment, policyholders are covered for costs related to any of the following scenarios. A property can be used as collateral for a loan. In this situation, the lender places a lien on the property. If the original loan holder does not pay off the loan, the balance is taken from the value of the property.


Contractors use liens to obtain payment for renovations or construction work. A failure to pay property taxes may also result in a lien. These liens are connected to the title and are transferred to the new owner when the property is sold. While liens are usually noted in public records, there are times when a lien may not be discovered until after the sales transaction is complete.


Title insurance also protects policyholders from claims on the property made by previously unknown heirs. By law, all heirs have the power to veto the sale of a property. If the seller did not notify the heirs before the sale, they may have the authority to reclaim the property. However, title insurance covers any legal expenses related to the claim fight and financial judgments to the heirs. Errors on deeds or titles can cause difficulties for property buyers. Mistakes may appear on these legal documents due to human error, forgery, or missing papers. Since banks use this information to calculate mortgage amounts, inaccuracies can severely delay the buying process. A common issue is a gap in the chain of title or the historical record of all previous homeowners. This can increase the chance of a property owner encountering unforeseen obstacles or errors.


Additionally, criminals can forge ownership documents for properties they do not own and sell them to unsuspecting buyers. Criminals also may use the property owner’s identity to fraudulently take out loans against the property. In either case, title insurance can protect policyholders from related financial losses. While title insurance covers a broad range of deed- and title-related problems, some conditions are excluded from coverage. For example, financial losses due to regulations that restrict the use of a property, such as zoning laws, are not covered.
Title insurance policies also do not cover legal problems caused by the policyholder. In addition, damage from fire, natural disasters, or accidents is not covered. For these reasons, property buyers are advised to purchase other forms of home insurance alongside title insurance.

The Title Search Process In New York

Attorney Marc Rovner serves as the director of business development and general counsel for the title insurance firm of Beta Abstract LLC, which operates near East Rockaway, New York. In this role, Marc Rovner oversees attorneys at offices in six locations throughout New York, New Jersey, Florida and Connecticut soon!


BETA Abstract provides all types of title-related services, such as title insurance. Insurance is essential to protect property buyers against any issues not discovered in a title search. Title searches are performed before a real estate transfer is finalized. In a search, an attorney or other professionals look through public records to determine if any problems can stop the sale of property.


Title searches can uncover problems such as unpaid liens, additional owners, and fraudulent paperwork. Prospective buyers may also discover land-use restrictions that can impact their plans for the property. Performing a title search before completing the real estate transaction allows buyers to reconsider their offer if they feel it is necessary.

Overall Handy Tips to Execute Claims Prevention in the Insurance Industry

As the director of business development at BETA Abstract, LLC, in Oceanside, attorney Marc Rovner manages and integrates business development activities for the title insurance company in five offices. He has also served as general counsel at the firm since 1998. An attorney from East Rockaway in New York, Marc Rovner has been recognized for his accomplishments in the area of claims prevention.

Claims prevention hinges on the identification of potential claims situations and subsequently preventing them. The practice optimizes operating costs and reduces critical losses; below are some pointers to robust claims prevention execution.

Having a Distinct ManagementSystem: It is important to understand the dynamics of an organization’s workforce. Identifying the management cycle from planning through supervision and review enables higher visibility for likely claims events.


Running Consistent Risk Evaluations: A combination of scientific and statistical approaches could help determine vulnerable spots. The organization can research the possible risk factors and document its findings to draw up actionable plans. Regular reviews would highlight progress and make provisions for changes in operations.

The Martindale-Hubbell Gold and Platinum Client Champion Award 2020

Marc Rovner serves as the senior staff attorney and director for business development at Beta Abstract, LLC, a multimillion-dollar title insurance company. A member of the East Rockaway, New York community, Marc Rovner recently won the Martindale-Hubbell Gold Client Champion Award for 2020, which he also received in 2019. In 2015, 2016, 2017, and 2018 attorney Marc Rovner with offices in Oceanside and East Rockaway, New York won the Martindale-Hubbel Silver Client Champion Award. In addition it his Gold Client Champion Award, he also received the Platinum Client Champion Award for 2020!

Attorney Marc Rovner received the Gold & Platinum Martindale-Hubbell Client Champion Awards of 2020

Types of Title Insurance Policies

A native of East Rockaway, New York, Marc Rovner is an experienced attorney and political science graduate from Boston University. He is the general counsel and director of business development at BETA Abstract LLC, in New York, a title insurance company, where he oversees the legal department as well as business development activities. Attorney Marc Rovner also teaches continuing legal education in the areas of real estate, especially title insurance.

Title insurance is a policy used in real estate transactions to protect homebuyers and lenders from risks associated with property title problems. Title risks include forgery, ownership by other persons, lawsuits/judgments against the asset, or wrong signatures on property documents.

However, there are two title insurance classes: a lender’s title insurance/ loan policy and an owner’s title insurance.

Lender’s title insurance protects the lender from property title issues: for instance, if another party makes a legal claim to the asset. It is mostly used in mortgage loan process. This insurance title does not protect equity, but rather safeguards the lender if legal constraints prevent the seller from legally passing title ownership.

An owner’s title insurance policy aims to shield the homebuyer. It is optional, needs to be purchased only once, and its coverage is usually equivalent to the price of the home. The sellers pay for it to safeguard the purchaser’s equity/investment in the property.