Child Custody

News & Analysis as of

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

Six Defenses to International Child Abduction (Updated)

A parent who moves with a child from the child’s home country to another country, or retains the child in the other country, may face accusations that the move or retention is wrongful. The parent who stays behind may assert...more

Illinois Supreme Court Dismisses Appeal on Interlocutory “Rules of Road” Custody Orders

What procedural and substantive rights are potentially impacted by “rules of the road” orders in child custody cases – interlocutory orders which regulate what the contending parents can and can’t do in interacting with their...more

What Happens When the Other Person Fails to Comply with a Court Order?

January 12th, 2015 For many people, having their day in court can bring relief and a sense of certainty. The family court judge can make orders regarding custody and visitation of the children, support, or can require the...more

Illinois Supreme Court Debates "Rules of the Road" Orders in Custody Disputes

It’s become commonplace in domestic relations cases with custody issues, in Cook County and certain other jurisdictions, for the trial court, early in the proceedings, to enter a kind of “rules of the road” order specifying...more

Judge’s Custody Decision Set Aside for Failure to Follow Court Rules and Procedures

A custody dispute was decided by a judge without a full plenary hearing. No testimony or cross-examination of the parties or other witnesses was conducted. The judge’s decision in D.A. v. R.C. to keep the status quo custody...more

Child Custody – How Do I Get My Kid For The Holidays?

Tis the season for holiday parenting time disputes. Whether it is Chanukah, Christmas or New Years, there is plenty to fight about this time of year....more

Michigan Court of Appeals Reverses Termination of Parental Rights; Cites Indian Child Welfare Act Standard

In any child custody proceeding involving Indian children, all parties should understand there are significant legal and procedural requirements that must be met before parental rights to Indian children may be terminated....more

Pennsylvania Superior Court Declines To Award Counsel Fees In Custody Case

In September 2, 2014, in Chen v. Saidi, the Pennsylvania Superior Court reviewed a trial court's order relating to a nine year history of legal disputes between a mother and a father. The trial court awarded $5,000 in...more

Counsel Fees Statute Analyzed by Court in Child Custody Case

When the new Custody Act was passed in 2011, practitioners welcomed the statute authorizing the award of counsel fees, costs and expenses, as the statute provides that a court may award reasonable interim or final counsel...more

What Are the Rights of an Unwed Father?

We often discuss issues of custody in terms of a divorcing couple but what about couples that are not married and expecting a child when trouble arises in their relationship? In Plotnick v. DeLuccia, the couple dated and...more

Can Grandma and Grandpa Get Custody In Pennsylvania?

We constantly receive calls from grandparents inquiring about their custody rights. In some instances, the grandparent has been the child’s primary caretaker from birth....more

Father’s Rights to Custody

Our attorneys believe in standing up for both mothers and fathers who are embattled in a litigated custody battle. We have vast experience helping parents understand New Jersey laws governing custody and how to effectively...more

Child Custody: Do grandparents have rights to custody of their grandchildren in Pennsylvania?

In 2011, the law in Pennsylvania changed as to the rights of grandparents to have custody of the grandchildren. Grandparents have the right to file an action for ANY form of physical or legal of custody if the following...more

Adoption Basics: Stepparent Adoptions

It is often said that 50% of all marriages end in divorce. Whether that statistic is true or not (some say not), I find myself helping many blended families with stepparent adoptions. Many of my cases are ones where the...more

Child Custody Transfers – When Does the Statutory Parental Presumption Apply?

Although this blog is usually devoted to new and interesting developments in the insurance coverage world, Gilbert LLP prides itself on its avid participation in providing pro bono legal services, including the area of family...more

Thinking Ahead: Pre-Birth Custody and Visitation

When parents aren’t living together as a child’s birth approaches, the family may benefit from having pre-birth orders spelling out what will happen at the hospital and beyond....more

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