Child Custody

News & Analysis as of

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

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

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