News & Analysis as of

Divorce Co-Parenting Physical Custody

Divorce is the formal legal dissolution of a marriage. The divorce process implicates many diverse areas of the law including, but not limited to, real estate, wills and trusts, child custody, and tax.
Stange Law Firm, PC

The impact of realistic estrangement on child custody matters

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Many are familiar with parental alienation, where one parent deliberately tries to damage the other parent's relationship with their children, often through persistent efforts to belittle or discredit them. Though this...more

Fox Rothschild LLP

I Guess Going From 50-50 to No Overnights for 19 Months Is a Change of Circumstances

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Since the Child Support Guidelines were amended in the late 90s, the number of overnights with each parent factored in to the child support calculus for cases within the Guidelines. In general, the more overnights meant less...more

Warner Norcross + Judd

Navigating the Summer as Divorced Parents

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Summer break is often a joyful time for many children but can be a common point of conflict for divorced or separated parents. With the family’s typical school routine derailed, parents may need to revisit parenting schedules...more

Dentons

Child Custody in Iowa: Three Tips For Showing The Emotional Ability To Care For Your Child

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When determining child custody, Courts must weigh all factors based on what the judge feels is in the “best interest of the minor child.” Often, it can feel ambiguous in knowing how a judge may rule under this standard, but...more

Fox Rothschild LLP

Evaluating Custody Disputes Through Your Child’s Eyes

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Lawyers are a jaundiced lot. Law school is a three year exercise in anticipating what can go wrong whether in a trial or a transaction. The lawyer’s job is to anticipate, and course correct to protect the client. Napoleon is...more

Obermayer Rebmann Maxwell & Hippel LLP

Co-Parenting With a Restraining Order in New Jersey

You filed for a Temporary Restraining Order against the other parent of your child and, after a hearing, were granted a Final Restraining Order. The other parent is now restrained from communicating with you either directly...more

Fox Rothschild LLP

How Nesting Can Turn Quickly to Custodial Warfare

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Back on October 6, 2023 we wrote about the concept of sharing custody in a setting where the children stay put and their parents move in and out of the former marital residence. We noted then that the concept can work but...more

Lasher Holzapfel Sperry & Ebberson PLLC

Does My Child Have a Say in the Final Parenting Plan?

When a divorcing parent asks this question, their attorney might respond with the common saying, “Children have a voice, not a choice.” In Washington state, the extent to which a child’s voice is heard in establishing a final...more

Burns & Levinson LLP

Two Families Now: Co-Parenting Course Revised

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The Massachusetts Probate and Family Court has substantially revised Standing Order 3-23, which requires completion of a four-hour online parenting course, which has been renamed “Two Families Now.”  The revised Standing...more

Burns & Levinson LLP

Nesting – is it just for the birds?

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Clients often ask whether a nesting arrangement (also called “bird nesting”) in a child custody or divorce matter is a good idea. There is no right or wrong answer, as it depends upon the specific separating parents, the...more

Fox Rothschild LLP

Is the Current Custody System Promoting Conflict?

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The first page of the non-precedential custody and contempt decision in T.J.N. v. K.M. more or less reflects a lot of the custody cases we have reported on in recent years. “Mother and Father were never...more

Dentons

Holiday Harmony: Scheduling Tips for Divorced or Separated Parents

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During the holidays, families spend time together observing religious, secular, and other personal traditions. For parents living together with their children, planning where everyone should be and when can already be a...more

Fox Rothschild LLP

When it Comes to Shared Parenting, Shouldn’t the Ability to Co-Parent be Paramount?

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Almost like King Solomon suggesting that a child be cut in two so that each parent can have half, more and more, I am hearing about judges and custody evaluators who default to 50-50 shared parenting. Now, that isn’t the law....more

Fox Rothschild LLP

A Dad’s Worst Custody Argument Strikes Again

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Fathers have come along way in the world of child custody. When this writer started practicing family law in 1982, dads were second class citizens. Inferior parents at best who typically left custody court with Saturday noon...more

Burns & Levinson LLP

Co-Parenting Course Required for Divorcing Parents as of November 1, 2023

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The Massachusetts Probate and Family Court has issued Standing Order 3-23, which requires parties to divorce, annulment, parentage, and modification actions involving custody or parenting time filed on or after November 1,...more

Lowndes

Navigating the Legal Maze of Parental Relocation in Divorce

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Celebrity news often grabs everyone’s attention, especially when it involves a divorce that is playing out both in the court system and in the public eye. Recently, headlines have followed the divorce of celebrity couple Joe...more

Kohrman Jackson & Krantz LLP

Depp V. Heard: Takeaways For Child Custody Matters Involving Substance Use And Abuse

DEPP V. HEARD DETAILS THE VERY REAL ALLEGATIONS AND ISSUES OF SEVERE SUBSTANCE ABUSE - For the past few weeks, news outlets and social media platforms have been abuzz discussing the celebrity trial of the current moment —...more

Burns & Levinson LLP

Can We Divorce Even if My Partner Is Pregnant?

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What do Bridget Moynahan, Tiki Barbar, and Denise Richards have in common?  They (or their spouse) were all pregnant while going through a divorce....more

Foster Swift Collins & Smith

When is Divorce During the Holidays a Good Idea?

This blog was originally published in October 2020 and has since been updated. - Holidays traditionally mean more family time. Yet, divorce may be on your mind this holiday season, and if it is, what should you do about...more

Lowndes

Dads Are Important, Too: The Vital Role of Dads in Divorce and 50/50 Timesharing

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Under Florida law, there is no presumption of 50/50 timesharing for divorced parents. However, with many parents splitting time with their children under a 50/50 time-sharing schedule, divorced dads play a large role in...more

Burns & Levinson LLP

In-State Relocation With Children During or After Divorce

Burns & Levinson LLP on

I recently participated with a client in an uncontested divorce hearing where the Probate and Family Court Judge presiding over the matter said something I have not heard many judges say at an uncontested divorce hearing. ...more

Pullman & Comley, LLC

Navigating Divorce and Child Custody Arrangements Without the Courts During COVID-19

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A May 8, 2020 New York Times headline proclaimed, “The Pandemic has Slowed the Divorce Process.  Here’s What to Expect.”  A litany of nightmares follows -- inability to commence the process, ongoing cases at a standstill,...more

Fox Rothschild LLP

MOVIE REVIEW? A Must See Movie For Separating Couples. Just Don’t Watch It Now.

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First, a confession. I watch very few moves and when I do, I frequently feel stupid because I don’t see all the nuances others do. So, don’t see this move on my say so. Truth is that since it was premiered in 2017, the movie...more

Cozen O'Connor

Five Steps To Consider When Contemplating A Divorce During The COVID19 Pandemic

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In the midst of this pandemic, many are speculating that the aftermath will result in a baby boom or a rise in the number of divorces.  Perhaps there will be a bit of both.  It is undisputed that there are typically an influx...more

Burns & Levinson LLP

Summer Parenting Time

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As we enter the “dog days of summer” and New England braces for a serious heat wave over the next few days, I can’t help but think about the importance of summer parenting plans. Summer is when most parents try to maximize...more

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