News & Analysis as of

Child Custody

U.S. Supreme Court Rejects Race-Based Challenge to ICWA

by Varnum LLP on

The Indian Child Welfare Act of 1978 (ICWA) was enacted to address the high rates of Indian children being separated from their Indian families and Indian communities. The stated intent of Congress under ICWA was to “protect...more

How Decisions Regarding Custody and Visitation are Made in Delaware

Family Court judges are charged with making custody and visitation decisions regarding Delaware’s children. In each case brought before the judge, he or she sets custodial and residential arrangements in accordance with the...more

Parental Alienation in High Conflict Custody Cases

One of the most challenging aspects of divorce for parents is learning to move past the marital conflict in order to promote a healthy relationship between the children and a soon-to-be ex. All too often, in high conflict...more

Family Law Practice in a Values-Based Culture

by Jaburg Wilk on

Once most non-family law attorneys find out my specialty, they say “I would never do what you do!" Given that they’re on the outside looking in, it is easy to understand why so many lawyers feel that way. Originally...more

The Trials of Co-Parenting with a Histrionic Personality

Co-parenting a child with a divorced spouse is difficult enough, but what do you do when your divorced spouse is diagnosed with histrionic personality disorder? The characteristics of this disorder are that the person...more

Don’t Confuse Your Joy With Your Kid’s

by Fox Rothschild LLP on

The holidays are not upon us but they are not far away either. If you are separated and your holiday plans for sharing custody are not, “set” it is well-nigh time to begin the discussion because November is not a good time...more

Under New Jersey’s New Child Relocation Standard, Best Interests is King

In a much anticipated decision issued on August 8, 2017, the Supreme Court of New Jersey in Bisbing v. Bisbing overturned the well-established standard applied by courts in determining whether a primary custodian should be...more

Arizona Supreme Court Decides Parentage of Children born in Same Sex Marriages

by Jaburg Wilk on

On September 19, 2017, the Arizona Supreme Court delivered its decision in McLaughlin vs. Jones, (CV-16-0266-PR) answering the question of whether the statutory presumption of parenthood arising from a marriage applies...more

Recording Conversations with Your Cellphone: with Great Power Comes Potential Legal Liability

by Varnum LLP on

In the cellphone age, nearly everyone walks around with a multi-tasking recording device in their pocket or purse, and it comes in handy for many of our modern problems: Your dog suddenly started doing something adorable?...more

Moving Out of State? – Relocation Standards in New Jersey and Pennsylvania

by Cozen O'Connor on

New Jersey – The New Relocation Standard - Can a custodial parent in New Jersey move to another state and still retain custody if permission is not obtained from the other parent? A recent New Jersey State Supreme Court...more

CAS Legal Mailbag Question of the Week – September, 2017 #2

by Shipman & Goodwin LLP on

Dear Legal Mailbag: I was surprised to receive a letter the other day addressed to me as school principal with the Connecticut Department of Corrections as the return address. I opened the letter and read that it was from...more

Observations On Mediation

by Fox Rothschild LLP on

There is a world of information on the internet. That includes a huge number of websites professing to advise you about divorce. And among the topics often discussed on these sites is mediation. Not a week passes without...more

Navigating The Added Challenges Of Divorce In New Jersey With A Special Needs Child

by Cole Schotz on

Divorce is an unfortunate reality for many couples and can be especially complicated and heartbreaking when children are involved. Parents of children with special needs, however, face additional challenges. ...more

Right Against Self-Incrimination Preserved For Parents In Cases Involving Child Sexual Abuse

by Fox Rothschild LLP on

Thankfully, sexual abuse allegations against parents do not often arise in the context of a divorce typical. However, when those scenarios do arise, they bring lawyers, litigants and judges alike in to unchartered territory...more

Where Should Custody And Parenting Issues Be Decided?

by Fox Rothschild LLP on

Sometimes, the location of a case – for one reason or another – can be just as important as anything else. Perhaps the law is different and more beneficial to one side in a particular location; possibly, one place is simply...more

Supreme Court Of New Jersey Departs From Standard Utilized In Custody Relocation Cases

by Fox Rothschild LLP on

One of the most hotly contested issues in family law arises when one parent requests, after a divorce, to relocate outside the state with the parties’ children. This creates a clash between one parent’s interest in fulfilling...more

Supreme Court Of New Jersey Departs From Standard Utilized In Relocation Cases

by Fox Rothschild LLP on

In what seemed like an eventual, but no less dramatic change in family law jurisprudence, the Supreme Court of New Jersey in Bisbing v. Bisbing overturned the well-established two-part test used in determining whether a...more

Is Football Destined To Become A Legal Custody Football?

by Fox Rothschild LLP on

In most cases, there isn’t much to write on the subject of legal custody. In Pennsylvania, it is the right to make decisions affecting the child’s welfare; in contrast to physical custody which is where kids spend their time....more

The Do’s And Don’ts Of Summertime Custody

by Cozen O'Connor on

Summertime and the living is easy, that is, except for those involved in a custody dispute. With relaxed schedules, vacations, camp, and changing activities, summertime custody can prove to be more difficult for parties to...more

Registration of Out of State Custody Orders

Most states have adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). This Act requires one state court to recognize the custody order of another state court. ...more

Custody: Relocation and School Changes-plan Ahead

School placement for children during and after a divorce can be a very contentious topic between spouses. Addressing educational opportunities and placements for the children is a vital step in resolving custody and parenting...more

Supreme Court Addresses The Application Of A Rebuttable Presumption

by Fox Rothschild LLP on

The Sex Offenders Act is found in Chapter 7A of Title 13 of the Delaware Code. Section 724A of the Sex Offenders Act imposes a rebuttable presumption “that no sex offender shall be awarded sole or joint custody of any child,...more

Hiding Behind Faith

by Bowditch & Dewey on

A reasonable amount of uncertainty, speculation, and even fear is expected with any change. Recently, we have seen a change among states and laws governing child welfare agencies and same-sex adoption....more

How Can The Answer Be No Before You Know What The Question Is?

by Fox Rothschild LLP on

We have all had those cases where any request that we made, big or small, has been rejected by the other side and any requests that our client has made to her/his spouse is similarly rejected. They don’t agree to informally...more

What are my Custodial Rights and Financial Responsibilities Toward my Eighteen Year Old Child?

In a few short weeks, many children will be graduating from high school and will embark upon the next chapter of their lives. Whether that choice includes college, trade school, or the work force, as a divorced parent, how...more

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