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Child Custody Best Interest Standard

Awatif Mohammad Shoqi Advocates & Legal...

Child Custody for Non-Muslim Women in the UAE: Understanding the UAE Laws

In the UAE, Federal Decree-Law No. 41/2022 on Civil Personal Status and Abu Dhabi Law No. 14/2021 on Civil Marriage have introduced significant reforms to ensure equality between men and women, particularly in matters of...more

Fox Rothschild LLP

Yes, Parties Can Agree to Waive the Change of Circumstances Standard

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Typically, in order to modify support or custody/parenting time provisions in an agreement or judgment/order, the party seeking a modification must show a substantial and continuing change of circumstances. Given the goal of...more

Fox Rothschild LLP

Proving Psychological Parentage Not Required for Grandparent Visitation, But it Sure Does Help

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Since the US Supreme Court decided Troxel v. Granville in 2000, grandparents have had an uphill battle obtaining grandparent visitation. While the New Jersey standard was set in Moriarty v. Bradt a few years later (a case...more

Tucker Arensberg, P.C.

How does Pennsylvania define and differentiate between Legal Custody and Physical Custody?

In Pennsylvania, custody determinations are decided in the child’s best interest. Parents may be able to resolve custody issues between themselves by way of negotiation and agree to a custody stipulation; however, if the...more

Fox Rothschild LLP

“Hey Dad. Let Me Introduce You to My Other Dad.”

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As if life is not confusing enough, we saw a precedential Superior Court custody case published on September 6, 2023 which speaks to the brave, new world of parenting. S.J. is born in April 2020. Mom was then...more

Jaburg Wilk

Unrestricted Use of Medical Records in Arizona Divorces and Parenting Time Cases Has Changed

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For many years, the question of whether medical records could be used in an Arizona divorce case was settled – so long as the issues of parenting time and legal decision-making were in dispute, all medical records relevant to...more

Fox Rothschild LLP

If Custody Modification is “On the Table” so is Legal Custody

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Pennsylvania codified its custody laws in 1985 and at that time it drew a statutory distinction between decision making power (legal custody) and actual possession of the child (physical custody). In the 1980s there was a...more

Jaburg Wilk

How Acts of Domestic Violence Impact Child Custody

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In a custody dispute between parents in an Arizona proceeding, if a parent has committed an act of “domestic violence” their right to have equal decision-making authority and unsupervised, or any, parenting time is at risk. ...more

Lasher Holzapfel Sperry & Ebberson PLLC

Parenting Evaluators and Quasi-Judicial Immunity

When custody arrangements are in dispute and the parties cannot agree on a parenting plan, the trial court may order that a “parenting evaluator” be assigned to the case. The evaluator acts as a neutral, third-party who...more

Lerch, Early & Brewer

In the Weed(s): What Legalized Pot Means for Your Maryland Custody Case

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Marylanders voted that beginning July 1, 2023, adults 21 and older may possess, smoke, and grow cannabis (with some limitations). For many divorcing couples, the question looms – how might legalizing marijuana impact your...more

Kohrman Jackson & Krantz LLP

Top Three Tips for Working with a Guardian ad Litem Appointed in a Child Custody Case

WHAT IS A GUARDIAN AD LITEM? It is no secret that, inherent in any legal proceeding, are a copious number of Latin terms and phrases. For those not trained in the law—as well as for those that do not have any prior...more

Obermayer Rebmann Maxwell & Hippel LLP

We asked for a sliver and got the whole slice: How a parent seeking the Covid-19 vaccination for his children won the right to...

In Pennsylvania, custody cases are governed by the “best interest of the child” standard. This means that the Court will hold a child’s best interests in the highest regard and will direct and order the parents or guardians...more

Fox Rothschild LLP

A Family Court Judge Weighs In

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Sunday night not only brought us the news of 1,000 deaths in New York but US officials discussing potential death numbers as high as the number killed in the US civil war. My partner Rhonda Ores from New York posted a brief...more

Jaburg Wilk

Domestic Violence and Joint Legal Decision-Making in Arizona

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Domestic violence allegations are unfortunately part of many divorce proceedings. A recent decision by the Arizona Court of Appeals [i] clarifies how domestic violence may impact which parent can make decisions relating to...more

Jaburg Wilk

Top 6 Relocation Factors that an Arizona Family Law Judge Considers

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It is common that divorced parents remarry or become involved in other relationships. It is also common that divorced parents (or parents in the midst of a divorce) may want to leave Arizona – to “relocate” to another state...more

Obermayer Rebmann Maxwell & Hippel LLP

What Would Bond Do?

Recently Daniel Craig was ridiculed for carrying his weeks-old infant daughter in a papoose tied around his neck. The negative comments, brought about by British Today star Piers Morgan, included the sentiment that by taking...more

Jaburg Wilk

Relocation Challenges for Divorced Parents

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Divorce attorneys are frequently asked whether or not children can be moved to another state and why one of the parents cannot simply move their kids without going to court or consulting the other parent. It’s not as easy...more

Jaburg Wilk

Family Law Judges Can No Longer Make Parental Decisions in Arizona

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Where will Emma go to school? Will Jacob’s acne be treated with Accutane? Is Jackson going to see a therapist? For many years divorced parents in Arizona - with equal parenting rights and an inability to agree on such...more

Obermayer Rebmann Maxwell & Hippel LLP

How Decisions Regarding Custody and Visitation are Made in Delaware

Family Court judges are charged with making custody and visitation decisions regarding Delaware’s children. In each case brought before the judge, he or she sets custodial and residential arrangements in accordance with the...more

Obermayer Rebmann Maxwell & Hippel LLP

Parental Alienation in High Conflict Custody Cases

One of the most challenging aspects of divorce for parents is learning to move past the marital conflict in order to promote a healthy relationship between the children and a soon-to-be ex. All too often, in high conflict...more

Obermayer Rebmann Maxwell & Hippel LLP

Under New Jersey’s New Child Relocation Standard, Best Interests is King

In a much anticipated decision issued on August 8, 2017, the Supreme Court of New Jersey in Bisbing v. Bisbing overturned the well-established standard applied by courts in determining whether a primary custodian should be...more

Pullman & Comley, LLC

Appellate Court Notes

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Supreme Court Advance Release Opinions: SC19589 - Velecela v. All Habitat Services, LLC - SC19589 Concurrence - Velecela v. All Habitat Services, LLC - Claim for negligent infliction of bystander emotion...more

McNees Wallace & Nurick LLC

Appellate Court Upholds Decision To Award Partial Child Custody To Mother’s Former Partner

In a non-precedential appellate decision C.B. v. L.B., a Pennsylvania appellate court held that mother’s former partner should be granted periods partial custody, one weekend per month, and eventually reducing to one Saturday...more

McNees Wallace & Nurick LLC

Pennsylvania Superior Court Denies Father's Petition To Change His Son's Last Name To Match His Own

In a November 2015 binding opinion, the Pennsylvania Superior Court entered an order denying father's request to change his three year old son's last name to match his own. The Superior Court also denied father's alternative...more

McNees Wallace & Nurick LLC

Court Permits Mother To Relocate With The Child More Than Five Hours Away

In September 2015, in a Non-precedential Decision, K.A.N. v. J.A.N., the Pennsylvania Superior Court upheld a trial court's decision to permit mother's relocation with the child from Pennsylvania to Virginia. The relocation...more

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