Child Custody

News & Analysis as of

What to Expect in a Dauphin County Custody Conciliation Conference

All custody actions start with the preparation and filing of a custody complaint; Dauphin County is no exception. In addition to preparing and filing the custody complaint, the plaintiff to the action must also prepare and...more

Is There a Presumption in Favor of Equal Parenting Time?

While there is no formal ‘presumption’ of equal parenting time, the policy of the State of Arizona is clear. The policy is to ensure “substantial, frequent, meaningful and continuing parenting time with both...more

Grandparent Custody Rights in Pennsylvania

In Pennsylvania, grandparents and great-grandparents have physical custody rights surrounding their grandchildren. In rare circumstances, grandparents can request and win primary physical custody of their grandchildren. ...more

Caitlyn Jenner Opens the Discussion on Transgender Issues

Hi there, It’s a rainy Monday, and Caitlyn Jenner is all over the place. (As an aside I have to confess to owning two goats named Kim and Khloe, after the Kardashian girls.) While she was a very good looking man, she...more

Family Law: Special Considerations When Representing Professional Athletes

While we await news of Tom Brady's Deflate-Gate appeal, the National Basketball Association playoffs coming up fast, and the latest hints that Lamar Odom and Khloe Kardashian may not follow through with their divorce after...more

When Can a Child Pick Which Parent to Live With?

Little boy sitting next to an old suitcaseThe most common question posed to a family law attorney when discussing custody matters is at what age can my child pick with whom and where he would like to live? Most clients...more

Family Law Newsletter - April 2015

In This Issue: - Divorce and Your Business, Part I: Plan B - Family Law Attorney and Counsellor at Law - Excerpt from Family Law Attorney and Counsellor at Law: In a recent custody proceeding, my co-counsel...more

STUDY: Divorce Custody Arrangement that Benefits Kids Most

One of the most highly debated and emotionally charged issues in parenting involve custody and timesharing arrangements. As if the end of a relationship (through separation, divorce or paternity) isn’t stressful enough, not...more

What Legal Rights Exist if a Parent Abducts a Child?

When issues arise between parents, there may be times when tempers flare and things are said or done that probably should not be said or done. Unfortunately, during such disputes, one party might decide to retaliate against...more

Parenting Time in Arizona - What Does it Mean? [Video]

These are some points the judges consider when decided Parenting Time. • Courts prefer 50/50 • Model parenting plan often not used • Factors: > Relationship of the child and parents > Children and...more

What is a Parenting Coordinator and Why Do We Need One? [Video]

Phoenix business law firm Jaburg Wilk Family Law attorney Laurence B. Hirsch explains what a parenting coordinator is and why they are necessary. For more information visit www.jaburgwilk.com. ...more

Illinois Supreme Court Holds Doctrine of Equitable Adoption Doesn’t Apply to Parentage Proceedings

Two years ago, the Illinois Supreme Court recognized the doctrine of equitable adoption in the context of an estate proceeding. In In re Parentage of Scarlet Z.-D., the Court was presented with the question of whether the...more

Challenging So-Called “Objective” Psychological Tests: The Use And Abuse Of Psychological Testing In Trials, Sentencing, Parole...

Criminal and civil courts and the New Jersey State Parole Board have accepted the use of psychological testing as an important component of making legal and factual determinations in both the civil and criminal litigation and...more

Will My Child Have to Change Schools?

In Pennsylvania, a child is entitled to attend the public school in the district where the child resides. When parents live in different districts due to separation or divorce, a child will attend school in the district of...more

Illinois Supreme Court Holds Custody Order Not Void Despite Custody Act Non-Compliance

The Uniform Child-Custody Jurisdiction and Enforcement Act (UCCJEA) includes various provisions for determining where a custody and parentage dispute should be litigated when multiple states are involved. But what happens...more

Wanting To Relocate Your Children Out Of The Area; Some Specific Factors Must First Be Met

A parent’s desire to move outside of Florida once a custody proceeding (including divorce or paternity) has been commenced or concluded can result in challenging legal hurdles. The Florida Statutes prohibit “relocation” of a...more

What is Custodial Interference?

Custodial interference is a felony. A person commits custodial interference if they keep the child from the parent who should have time with the child. Although the statutes in Arizona take custodial interference seriously,...more

Kid on the Hot Seat: Child Witnesses in Divorce

Recently, I have been part of more discussions than usual about the propriety of having a minor child testify as a witness in a custody dispute or divorce matter. ...more

Child Custody and Visitation: The Grounds For Emergency Relief

In a family law proceeding, one of the most sensitive and emotionally charged areas –for both the family law attorney and the client- typically concerns issues surrounding custody and visitation of the children....more

Grandmother Denied In Loco Parentis Standing, But Door Left Open For Grandparent Standing

D.G. & D.G. v. D.B.& G.V., 91 A.3d 706 (Pa. Super. May 2, 2014) - The D.G. & D.G. v. D.B. & G.V. custody action was originally commenced in 2009 when Grandmother sought partial physical custody of the Child, E.B....more

2014 Wilentz Family Law Case Decisions

ALIMONY - Krupinski v. Krupinski, 437 N.J. Super. 159 (App. Div. 2014). Before Judges Fuentes, Fasciale, and Haas. Opinion by Judge Fuentes, P.J.A.D. Issue: Did the trial court err in denying Husband’s motion to...more

50/50 Timesharing: A Different Perspective

I recently came across a blog titled, “50/50 Isn’t Lucky” in which a mother shares her feelings and perspective on her equal timesharing arrangement. The author of this post is clearly grieving while her children are...more

Using Experts In Divorce And Custody Litigation

In family law cases, experts are frequently used. They become part of the team in preparing the case for trial and are often helpful in settling a matter. So what experts are important in a family law case? ...more

Illinois Supreme Court Debates Jurisdictional Issues in Child Custody Case

A Circuit Court has subject matter jurisdiction to enter a child custody order pursuant to the Illinois Constitution. But the Court apparently lacks jurisdiction to proceed pursuant to the Uniform Child Custody Jurisdiction...more

When and Where Should I File to Modify My Child Custody Order?

Did you know that you can file to modify your child custody order at any time? Unlike in child support cases where a change in circumstances is needed to modify the order, a custody order can be modified at any time. If you...more

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