Child Custody

News & Analysis as of

Family Law - Jurisdiction

What are the main jurisdictional requirements for the institution of proceedings in relation to divorce, property and children? There are a number of exceptions, but in general, the Courts of First Instance (the lowest...more

Childs Best Interest in the United Arab Emirates

Many family law cases in the United Arab Emirates follow Federal Law No. 28 of the year 2005 (UAE Personal Affairs Law), to which I will be referring to in this blog, to determine which parent is awarded custody. In this...more

Joint Custody and Legal Decision Making

In Hull v. Wesley the Division One of the Arizona Court of Appeals addressed legal decision-making for children in the context of pain medication. These medications were taken during the pregnancy. The child was born...more

Who Has Child Custody Jurisdiction

The decision in Margain vs. Ruiz-Bours [1] provides some insight into the workings of the Uniform Child Custody Jurisdiction and Enforcement Act ("UCCJEA") as adopted by Arizona in Title 25, Chapter 8, Articles 1 through 3. ...more

Potential Changes to Interstate Custody Dispute Law in Massachusetts

After a three month maternity leave, and a few months adjusting to being a full-time working mom, I’m excited to be back to contributing my thoughts to this blog! I’m also excited to be writing on a topic that I not only find...more

Parenting Coordinator Rule Change | Divorce & Family Law Attorney

Divorced parents often remain in conflict, even for years after the divorce is finalized. Sometimes this animosity fuels years of “post-decree” battling over custodial issues. In many high conflict cases, a judge would...more

2016 Legislative Changes to Virginia Family Law

The 2016 Virginia General Assembly enacted several changes to statutes relating to family law in the Commonwealth. Those changes are effective July 1, 2016 and include the following...more

In the child’s best interests

We have covered the general laws relating to child custody and visitation rights in the event of a marriage dissolution. While the courts have general guiding laws, these laws are discretionary; the courts will always rule in...more

Can I Sue My Former Spouse For Destroying My Relationship With My Children?

Sometimes in custody disputes, one parent attempts to get a leg up in the custody case by bad-mouthing the other parent to the children. Additionally, in more extreme cases, a parent in a litigation may even try to persuade a...more

Domestic Violence – Child Custody (Legal Decision-Making)

As an attorney practicing both criminal defense and family law, I often handle cases in which one parent accuses the other of domestic violence. If my client has been accused, the question is always the same: can I lose...more

New ICWA Regulations Issued

On June 8, 2016, the U.S. Department of the Interior issued new final regulations governing state court and agency child custody proceeds involving Indian children. The new regulations were formulated to ensure uniform...more

Talking to Children About Divorce

When divorcing with children, it is important to assure them that no matter what, they will be cared for and loved. Older children will know that divorce means mom and dad will be living apart, while younger children may...more

Arizona Files Thousands of Improper Child Support Liens

The Arizona Department of Economic Security (DES) admitted recently that it filed inaccurate child support liens in at least 8,241 cases. The Department is tasked with helping enforce child support orders and tracking the...more

Divorce does not end parenthood

For many divorced parents, the thought of having to share parenting responsibilities with the person who has hurt you emotionally and/or financially may seem like an impossible challenge. However, even though your...more

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

International Abduction

Today’s topic is a very serious one, but not altogether uncommon in the UAE. The rules that govern what constitutes abduction are fairly clear – even though there are no specific statutory provisions dealing with child...more

Custody Modification: Courts Can Do It Without A Petition To Modify If Proper Notice Is Given

A lot of times when parents file petitions with the court regarding enforcing a custody order or contempt, they also want the court to adjust the custody order. Some think that the court can only change the custody order if...more

Help, Domestic Violence Restraints were Filed Against Me—and I didn’t do it!

The New Jersey Prevention of Domestic Violence Act serves an enormously important function to protect abused individuals. However, the protections of the Act can be misused in a divorce or custody litigation to evict someone...more

Case Study in the United Arab Emirates: Family Law

Custody laws in the United Arab Emirates are mainly transcribed in Federal Law No. 28 of the year 2005 (UAE Personal Affairs Law), and I will refer to these articles in covering the Court's discretion in family law issues. A...more

Grandparent Visitation: What Major v. Maguire Means Going Forward

After Anthony and Suzanne Major’s son, Chris Major, separated from Julie Maguire, the Major’s claim they continued to have a substantial relationship with their granddaughter. Suzanne Major stated she visited her...more

Pennsylvania Superior Court Awards Custody to Grandparents Despite Mother’s Objection

Do grandparents have any rights to see their grandchildren? Consider the case K.T. v. L.S., 118 A.3d 1136 (Pa. Super. 2015), in which the Pennsylvania Superior Court awarded partial child custody to a set of grandparents...more

Same-Sex Parent Claims Victory Over Alabama in Custody Battle

Freshly back to work from maternity leave, it warmed my new-mommy/divorce-lawyer heart to see this week’s U.S. Supreme Court decision affirming a loving mother’s right to share in the ongoing care and custody of children she...more

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19474 - State v. Roman - Appellate Court Advance Release Opinions: AC37107 - NRT New England, LLC v. Jones - Plaintiff broker entered into an exclusive buyer’s...more

Supreme Court Decides V.L. v. E.L.

On March 7, 2016, the Supreme Court decided V.L. v. E.L., No. 15-648, holding that the Full Faith and Credit Clause of the United States Constitution requires Alabama courts to grant full faith and credit to an adoption...more

U.S. Supreme Court to Alabama: Full Faith and Credit Must Be Given to Out-of-State Adoption

In a unanimous, per curiam opinion in V.L. v. E.L., the U.S. Supreme Court has reversed the Supreme Court of Alabama’s refusal to enforce a Georgia adoption order. V.L. and E.L., two women, were involved in a 25-year...more

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