Child Custody

News & Analysis as of

Contracts Are Considered When Using Assisted Reproduction Technology

Two recent decisions highlight the importance of contracts between parties in cases involving assisted reproduction technology (ART).  In Pennsylvania, the Superior Court found that television personality, Sherri Shepherd was...more

How Coparents Should Handle the Holidays

Hi there, It’s hard to believe that Thanksgiving is right around the corner, and with it all of the holidays of the season! This time of year is particularly tough for folks who are just getting used to a coparenting...more

Modifiability of Written Child Support Agreement

When parties are divorced, they often detail the economic terms in a written agreement called a marital settlement agreement or a postnuptial agreement. These marital settlement agreement may contain a provision regarding...more

Filing and Litigating a Hague Convention Child Abduction Civil Case in Federal Court

Background on Child Abduction Cases Under the Hague Convention - The Hague Convention on the Civil Aspects of International Child Abduction (“Hague Convention”) is an international treaty in which the signatory...more

Some 2015 Florida Law Changes

Below are some statutory changes enacted in Florida in 2015 that you may not have noticed: GRANDPARENT VISITATION RIGHTS. In a major rewrite of Chapter 752, statutory rights of a grandparent to obtain visitation rights...more

Sharing Custody When Parents Don’t Share Religion

A court-ordered parenting plan governs how parents will share the “care, custody and management of their child,” a fundamental liberty interest recognized by the United States Supreme Court. This liberty interest encompasses...more

Father Plus Step-Father Equals Happy Bride!

Pennsylvania child custody laws have always favored a parent above a nonparent when awarding physical custody rights. In fact, there is a strong presumption in all custody cases that a parent should be awarded physical...more

Shared Parenting – It’s Never Too Late to Get It Right

Shared parenting can be a very difficult road to navigate. Being a stepparent is oftentimes touted as a thankless role, where love must adhere to boundaries set by others. Blended families are often fraught with many...more

Child Custody Order Inconsistent With Factors Analysis Reversed

The recent case of W.C.F. v. M.G., 115 A.3d 323 (Pa. Super. 2015), addresses numerous issues often faced by family law practitioners. The relevant factors of the case are as follows: W.C.F. (the father) and M.G. (the mother)...more

3 Keys to Child Safety

Although summer has come to a close, lots of families continue to hit the roads (and even the seas and air) on vacation over long weekends, holidays and school vacations. Most divorced families agree upon a parenting plan...more

Family Educational Rights and Privacy Act (FERPA)

Regardless of what type of legal or physical custody a parent exercises, under the Family Educational Rights and Privacy Act (“FERPA”), all parents are provided with certain rights surrounding their ability to access their...more

Every Child Deserves Representation in a Contested Adoption

In my previous post on Adopting a Stepchild, I explained the steps to go through for an uncontested adoption. Many adoptions are very simple and straightforward. However, in situations where there are disagreements about what...more

International Custody in Relation to the Kelly Rutherford Custody Trial

International custody has come to the forefront recently with the custody battle raging between United States actress Kelly Rutherford and her ex-husband, German businessman, Daniel Girsch, over the physical custody of their...more

North Carolina Legislative Report

The General Assembly convened for the 2015 legislative session on January 14. Lawmakers returned to Raleigh on January 28 to begin the session in earnest. The MVA Public Affairs Legislative Report on North Carolina will be...more


As summer comes to an end, it is important to remember divorced or non-intact families must approach their child’s schooling a little differently than intact families. For example, many intact families designate one parent to...more

Divorce and Custody Turns Absurd

In any divorce where custody of the children is contested, absent an agreement between the father and mother, the decision is left to the ineffective, expensive and arbitrary court system. Judicial officers (judges and...more

How to File for Divorce?

Steps to make the divorce process as painless as possible: 1. Speak with an Attorney First. Going through a divorce is not simply a legal matter. More often than not, there are complicated legal issues involved which are...more

Are Custody Laws Different in MA and RI?

Thinking of moving? Different child custody laws in each state may make things even more complicated. While the borders between Massachusetts and Rhode Island appear to be incredibly permeable, this is just not the case when...more

Divorce Across State Lines

Hi there, Lots of us live on or close to the Massachusetts/Rhode Island state border. We don’t even think about it as we cross back and forth. But when you’re involved in a divorce and one of you moves to the other...more

Court Awards Grandparents Partial Custody of Grandchildren Over Mother's Objection and Court Holds that Minor Criminal Convictions...

In June 2015, the Pennsylvania Superior Court, in K.T. v. L.S., provided partial child custody to the children's paternal grandparents over mother's objection....more

Social media campaign ends in disbarment for lawyer

Lawyers using social media: beware! The Louisiana Supreme Court has disbarred a lawyer for launching a “viral campaign to influence and intimidate” judges who presided over her friend’s child custody dispute. In...more

3 Steps to Make the Divorce Process as Painless as Possible

1. Speak with an attorney first. Going through a divorce is not simply a legal matter. More often than not, complicated legal issues, separate and apart from just the dissolution of the marriage are implicated. It is a very...more

Jurisdiction, Counsel Fees in Child Custody Revisited by Court

In November 2014, the Pennsylvania Superior Court case of T.A.M. v. S.L.M., 104 A.3d 30 (Pa. Super. 2014), addressed modification of a child custody order under the Uniform Child Custody Jurisdiction and Enforcement Act...more

International Parental Child Abductions – The Hague Convention Can Help

Ever wonder what happens when a child is wrongfully taken across international borders? - What happens if a child who lives in the United States is wrongfully removed by a parent, taken to France, and kept there? ...more

Relocation – Mission Impossible?

On Friday June 5, 2014, the Maricopa County Bar Association hosted its annual Trial Advocacy Seminar. Each year, the organizers select a topic and create a fact pattern designed to challenge the family law judges that serve...more

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