Child Custody

News & Analysis as of

Child Custody – “I Don’t Want to Go!”

“I don’t want to go! I want to stay with you!” If you are divorced with children chances are you’ve heard these words. There are many cases where a child won’t go with the other parent whether it is for a weekend or a dinner...more

Can my ex-spouse see our children if he/she does not pay the court ordered child support?  [Video]

Phoenix business law firm Jaburg Wilk's family law and criminal defense attorney Jason B. Castle talks about why a person has to allow their ex-husband or ex-wife to see the children even though they are not paying child...more

Protect Yourself from Big Brother: Technology & Family Law Litigation

Divorce and child custody cases are often down-right nasty. One or both individuals to the litigation are often desperate to destroy the other, whether it be emotionally or financially, or to cause damage to the other...more

Who Knows Best? When Parental Authority is Revoked

Can you imagine bringing your child to an esteemed children’s hospital for care and medical treatment, only to have your child taken away from you and placed into state custody? Well, that was and is the reality of Justina...more

Illinois Supreme Court's March Docket Announced

The Illinois Supreme Court has published its docket for the March term in Chicago. The civil cases on the Court's docket include...more

Child Custody – Relocating to Another State

Last year, Pennsylvania child custody laws changed significantly and have affected how child custody disputes are being determined. One challenge that parents may now face is what to do when one of them needs or wants to...more

Reporting Child Abuse

Most health care providers believe they understand their duty to report child abuse, but... There are a number of overlapping and apparently conflicting public policy objectives and the legal requirements can get...more

Do I Need a Lawyer to Represent Me in a Family Law Matter?

Few people, who are headed for divorce or custody litigation, can afford to spend substantial amounts of money on a family law attorney. Frequently, clients consider whether they can or should represent themselves in their...more

Argument Report: Does Voluntarily Dismissing a Custody Petition Mean You Get Hit With The Psychologist's Fees?

In our detailed summary of the underlying facts and lower court opinions in In re Marriage of Tiballi, we wrote that the question presented was whether a parent who voluntarily dismisses a custody petition can be hit with the...more

Child Custody – What is the Best Interest of the Child?

You are considering separating from your spouse and/or your significant other, but down the hall there is a five year old child that loves both of you. What happens to him or her? The polestar in any custody litigation is...more

What do we do with the children once the divorce action is filed? [Video]

Phoenix law firm Jaburg Wilk's family law attorney Jason B. Castle explains what happens to the children once the divorce action is filed. He also talks about whether it is allowed for one spouse to move with the children...more

Child Safety May Be Tipping Point In Custody Actions

It should come as no surprise that when courts consider the amount of time a child spends with each parent, domestic violence weighs heavily in the balance. With 20 percent of all homicides in the state resulting from...more

Avoiding Holiday Parenting Time Disputes

The holidays are a wonderful time to spend together as a family and make lasting memories for children. Unfortunately, without fail, every holiday season I have clients call me with some sort of urgent parenting time issue....more

Doctrine of Paternity by Estoppel and Child Custody

The doctrine of paternity by estoppel is most often applied in child support cases to either preclude a man who has held the child out as his own from avoiding support of the child after his relationship with the child's...more

“Sixties’ Scoop” Class Action Certified

Between December 1, 1965 and December 31, 1984, Ontario welfare authorities, empowered by the Federal Crown, removed thousands of aboriginal children from their families and communities and placed them in non-aboriginal...more

Guaranteed Employment and Relocation: Is It Time to Reexamine New Jersey’s Baures Standard?

In the recent decision of Benjamin v. Benjamin, the court held that it is not a mandatory prerequisite for a parent to have a guaranteed job to prevail in a relocation application. Rather, the court must evaluate whether...more

Should Biological Fathers Receive the Same Leave Benefits as Adoptive Parents?

Maybe you saw this article “Standing Up for the Rights of New Fathers,” in the New York Times a few weeks ago about the new dad, a reporter for CNN, who filed a discrimination claim with the EEOC against Time Warner (CNN’s...more

How Do Courts Decide on Child Custody?

When minor (under age 18) children are part of a dissolving marriage, their care is typically a top concern for divorcing parents. In California, arrangement for their care is known as a parenting plan, or sometimes a custody...more

Illinois Supreme Court to Decide Whether Child Psychologist's Fees Taxable as Costs in Custody Battle

Our previews of the latest additions to the Illinois Supreme Court's civil docket continue with In re Marriage of Tiballi. Tiballi poses the following issue: when a parent voluntarily dismisses a petition to change custody,...more

How Is Child Custody Determined?

Custody rule number one: The best interest of the child is the polar star in every custody case. Custody is really about the child. It is only secondarily about the parent....more

When You Are Divorced, What Happens to Child Custody if a Parent Moves?

In today’s world it is hardly a rare occurrence that after a divorce one parent might move to another location. What happens then? What are the courts likely to do? This is perhaps the most difficult area of custody law....more

Highlighting the Revisions to the Child Custody Rules

In January 2011, the new custody act became effective and changed the landscape of child custody in Pennsylvania. However, the Rules of Civil Procedure pertaining to child custody tracked the custody statutes previously in...more

When Should a Family Law Case be Settled?

Family law cases – divorces and child custody matters – are filled with emotions. One or both parties are at different times throughout the case angry, vengeful, desperate, hurt, sad, and frustrated. These emotions are not...more

First Circuit Affirms Dismissal of Parental Child Abduction Case on ADA Preemption Grounds

In a significant decision for the airline industry, the U.S. Court of Appeals for the First Circuit affirmed the district court's summary judgment dismissal of common law tort claims against an airline arising out of a...more

What is a Guardianship?

Let's face it: we don't live in a perfect world. Life often throws us unexpected curveballs that either (a) completely derail us, sending us into chaos; or (b) force us to readjust our plans. One of these less-than-perfect...more

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