Child Custody

News & Analysis as of

Child Custody – How Do I Get My Kid For The Holidays?

Tis the season for holiday parenting time disputes. Whether it is Chanukah, Christmas or New Years, there is plenty to fight about this time of year....more

Michigan Court of Appeals Reverses Termination of Parental Rights; Cites Indian Child Welfare Act Standard

In any child custody proceeding involving Indian children, all parties should understand there are significant legal and procedural requirements that must be met before parental rights to Indian children may be terminated....more

Pennsylvania Superior Court Declines To Award Counsel Fees In Custody Case

In September 2, 2014, in Chen v. Saidi, the Pennsylvania Superior Court reviewed a trial court's order relating to a nine year history of legal disputes between a mother and a father. The trial court awarded $5,000 in...more

Counsel Fees Statute Analyzed by Court in Child Custody Case

When the new Custody Act was passed in 2011, practitioners welcomed the statute authorizing the award of counsel fees, costs and expenses, as the statute provides that a court may award reasonable interim or final counsel...more

What Are the Rights of an Unwed Father?

We often discuss issues of custody in terms of a divorcing couple but what about couples that are not married and expecting a child when trouble arises in their relationship? In Plotnick v. DeLuccia, the couple dated and...more

Can Grandma and Grandpa Get Custody In Pennsylvania?

We constantly receive calls from grandparents inquiring about their custody rights. In some instances, the grandparent has been the child’s primary caretaker from birth....more

Father’s Rights to Custody

Our attorneys believe in standing up for both mothers and fathers who are embattled in a litigated custody battle. We have vast experience helping parents understand New Jersey laws governing custody and how to effectively...more

Child Custody: Do grandparents have rights to custody of their grandchildren in Pennsylvania?

In 2011, the law in Pennsylvania changed as to the rights of grandparents to have custody of the grandchildren. Grandparents have the right to file an action for ANY form of physical or legal of custody if the following...more

Adoption Basics: Stepparent Adoptions

It is often said that 50% of all marriages end in divorce. Whether that statistic is true or not (some say not), I find myself helping many blended families with stepparent adoptions. Many of my cases are ones where the...more

Child Custody Transfers – When Does the Statutory Parental Presumption Apply?

Although this blog is usually devoted to new and interesting developments in the insurance coverage world, Gilbert LLP prides itself on its avid participation in providing pro bono legal services, including the area of family...more

Thinking Ahead: Pre-Birth Custody and Visitation

When parents aren’t living together as a child’s birth approaches, the family may benefit from having pre-birth orders spelling out what will happen at the hospital and beyond....more

Child Custody: Determining Who Should be the Primary Custodial Parent

Many times the parent who is considered the primary caretaker assumes that he or she will automatically become the primary custodial parent. In Pennsylvania, this is no longer the case....more

Illinois Supreme Court Holds Custodial Parent May Be Ordered to Pay Child Support

In child custody cases where the parent awarded primary custody of the children has significantly greater resources than the non-custodial parent, can a court order the custodial parent to pay child support to the...more

Appellate Court Reverses Retroactive Amicus Attorney Appointment

In a suit to modify the parent-child relationship, the Eleventh Court of Appeals has reversed a final order that significantly restricted a mother’s access to her children, thereby allowing the mother to pursue a new trial....more

June 2014 Estate Planning Update: Short-term Guardians for Minor Children

Nevada law (NRS 159.205) allows parents to appoint short-term guardians for their minor child(ren) without the approval of the court so long as the parent has legal custody. The short-term guardianship can last for up to six...more

Child Custody: Do Grandparents Have Any Visitation Rights in Pennsylvania?

A life changing event like a divorce or death may adversely affect the relationship between a child and a person who isn’t the child’s biological parent such as a grandparent. Various states have different laws that govern...more

Analysis of Child Custody Factors in Awards on Subsidiary Issues

In the years following the enactment of the new Child Custody Act in Pennsylvania, attorneys and the bench set sail on uncharted waters. Family law attorneys waited anxiously to read appellate court decisions published...more

During or After my Divorce, Can I Move Outside of New Jersey

During or after a divorce, it is common for the custodial parent (the parent primarily responsible for the children’s care) to want to move to another state with the children. Perhaps the parent has a job opportunity, family,...more

Argument Report: Illinois Supreme Court Seems Undecided on Child Support for Non-Custodial Parents

Actively questioning both sides, the Justices of the Illinois Supreme Court seemed conflicted during the recent oral argument in In re Marriage of Turk. Turk poses a potentially important question of domestic relations law:...more

Tug of War: Summer Vacation

The Matzo has been eaten. The Easter eggs have been found. It’s now time to think about summer, which is often stressful for families going through a divorce or custody litigation. It’s sad but true, for many, planning...more

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

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