The impact of realistic estrangement on child custody matters
How to Put Your Children First in Co-Parenting
I have blogged several times before , including last week, on cases where trial courts were reversed for failing to hold plenary hearing and provide for discovery, often in FD (non-dissolution) matters. I have also discussed...more
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
Well, it was great while it lasted. The summer is already drawing towards its epic conclusion and if you are a parent, you know what that means...getting your kids ready to go back to school....more
Co-parenting applications are becoming increasingly popular in divorce or family law matters where there are children. In cases where these matters are not resolved amicably, or where there are continued disagreements, more...more
We are seeing more sunshine during the day, water ice openings, and traffic to the shore. It must be summertime! Although summer brings excitement and joy, it also means the loss of school-provided childcare and other issues...more
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
As the school year comes to an end, parents are planning their vacations. Now is the time to check your Custody Orders and make sure that you are following all the terms and conditions. Most Custody Agreements have provisions...more
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
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
This Father’s Day, fathers in Florida have more rights than last Father’s Day. As of July 1, 2023, new laws were enacted in the state. One law requires that a minor child have frequent and continuing contact with both...more
Iowa law clearly states that “parents with joint legal custody” means both parents jointly have legal custodial rights and responsibilities toward their child and neither parent has legal custodial rights superior to those of...more
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
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
While the rights of parents to see their child hold a high importance in the law, when it comes to custody, the best interest of the child is the family court’s number one priority....more
Just about everyone who has tried a custody case has been called upon to present a “school choice” dispute. These are the ones where Springfield High is pitted against Bayside High or Chilton Prep in the race to see which...more
This writer has a home outside of Philadelphia that was once owned by a motion picture director of minor note named Irvin “Shorty” Yeaworth. Yeaworth became known for producing the early sci-fi hit the “Blob” in 1958 but two...more
As a child of divorce, I know there is nothing more heartwarming than when your parents can get along and co-parent well. No, you do not need to be besties with your ex. However, you owe it to your children to strive toward...more
My New Jersey colleague Eric Solotoff just published in our sister blog about a recent Appellate Division case from that state where a relocation case was remanded for lack of a record related to the views of a 10 year old...more
In many custody cases, it is common for the parties to participate in a custody evaluation. While the process will vary, the evaluator often meets with each parent individually, the child(ren), each parent and child...more
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
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
Mediation is a confidential process where parties in family law matters, such as divorce, paternity, modification, or enforcement actions, work towards resolving their issues. It involves the parties, along with their...more
As a trial lawyer, there were many days when I would sit in the back of a courtroom and take comfort in the fact that I didn’t have to decide the custody case that I was witnessing as a spectator. At times the facts made the...more
One of the least pleasant tasks to lawyers who do custody work is advising the client that a planned relocation to support a new intimate relationship may not get off the proverbial runway. Yesterday’s decision in Leytrick v....more
One of my favorite holiday movies is Four Christmases (in addition to Home Alone, Elf, Christmas Vacation, Planes Trains + Automobiles… okay, call me basic). In the movie, a non-married couple played by Reese Witherspoon and...more