News & Analysis as of

Custody Modification

Dentons

When A Child Refuses Visitation: What Happens Next?

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When a child of divorce no longer wants to follow an existing visitation schedule, how does that impact custody orders?...more

Bowditch & Dewey

A Material World – Considerations for Seeking a Modification of Child Custody and Child Support Orders

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In Massachusetts, orders and judgments regarding child custody and child support may be subject to modification if there has been a material change in circumstance. But what does this mean? Let’s start with what it does not...more

Fox Rothschild LLP

Was the Litigation for An Increase in Child Support Really Worth it When The Payor’s Income Only Went Up By $28,000?

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In high income cases, unlike alimony, which can be bigger numbers, child support is usually much less. Moreover, since even in high income/over guidelines cases, you have to start by looking at what the child support...more

Weber Gallagher Simpson Stapleton Fires &...

Frustration Contempt

Every so often the appellate courts issue an opinion that is chocked full of issues and makes for interesting reading, at least for us family lawyers. One such opinion is Rogowski v. Kirven, 2023 Pa. Super. Lexis 75 (March 1,...more

Lowndes

Florida Supreme Court Rules “Concrete Steps” Not Required to Restore Parent Timesharing Rights

Lowndes on

Last week, the Florida Supreme Court in C.N. v. I.G.C. (Case No. SC20-505), ruled on the issue of whether a court is required to give a parent “concrete steps” to restore lost timesharing and return to the pre-modification...more

Stange Law Firm, PC

Do Both Parties Have to Agree to a Modification?

Stange Law Firm, PC on

After a divorce or paternity matter ends, one or both parties may want to somehow modify the judgment. In a general sense, modifications occur in cases of child custody, child support, spousal support, or alimony. However,...more

Fox Rothschild LLP

A Reminder: No Change Of Circumstances? No Best Interests Of The Child Finding? No Change Of Custody Or Parenting Time..

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Last summer, Eliana Baer and Eric Solotoff of our Family Law Department achieved an Appellate Division victory when a trial court’s decision to allow our client’s ex-husband to obtain a custody evaluation without the...more

Pullman & Comley, LLC

What Happens to My Family Law Case During the COVID-19 Crisis?

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We are now in the sixth week of the COVID-19 restrictions in the Court system. Our family law group here at Pullman & Comley, LLC continues to be inundated by questions and concerns about the impact this crisis is having on...more

Jaburg Wilk

Does COVID-19 Change Child Custody Agreements?

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The world is rapidly changing. Some states have already enacted shelter-in-place orders. I am frequently being asked what does this mean for Arizona co-parenting agreements? Each parent still has a court-ordered RIGHT to see...more

Fox Rothschild LLP

Family Law Triage When Courts Are Closed. Play safe. Be Smart.

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If you are watching the news you have some impression of what New Orleans must have been like in the hours before Hurricane Katrina hit. The Coronavirus storm is hitting New York City and the lower counties with a fury. The...more

Weber Gallagher Simpson Stapleton Fires &...

Let's Talk Child Custody

Family Law Attorney John Zurzola discusses all the steps involved in a child custody case in family court. He starts off explaining child custody and the definitions of what physical, primary, shared, sole and partial custody...more

Fox Rothschild LLP

Appellate Division Rules: No Custody Evaluation Without Finding Of Changed Circumstances

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Last week, Eric Solotoff and I achieved victory in the Appellate Division in the unreported (non-precedential) decision of Gatto v. Breton, wherein the Court reversed the trial court’s order permitting the Plaintiff father to...more

Smith Debnam Narron Drake Saintsing & Myers,...

A Child’s Wishes in Custody Modifications

When it comes to modifications to child custody orders in North Carolina, parents often wonder if North Carolina law permits a child to determine where to live; either with one parent or the other. The short answer is no....more

Stange Law Firm, PC

Modifications Are Common Family Law Cases

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When individuals think about family law matters, divorce cases are the first types of family law cases that often come to mind. It is true that divorce filings are probably the most common type of family law case. ...more

Jaburg Wilk

Exercise Caution When Seeking to Modify Parenting Issues in Arizona Family Law Cases

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Recently, the Arizona Court of Appeals clarified that only one parent is required to file a motion to modify legal decision-making or parenting time. In Sundstrom v. Flatt, Mother exercised sole legal decision-making...more

Pullman & Comley, LLC

Appellate Court Notes

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Supreme Court Advance Release Opinions: SC19589 - Velecela v. All Habitat Services, LLC - SC19589 Concurrence - Velecela v. All Habitat Services, LLC - Claim for negligent infliction of bystander emotion...more

Cozen O'Connor

What Can Be Learned From Madonna’s Custody Battle

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Pop icon Madonna is facing a difficult battle concerning custody of her 15 year-old son, Rocco.  While the divorce agreement she entered into with Guy Ritchie about eight years ago, awarded her custody of Rocco, it appears...more

Pullman & Comley, LLC

Appellate Court Notes

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Appellate Court Advance Release Opinions: AC36390 - Folsom v. Zoning Board of Appeals - Trial court properly granted a motion to strike a direct lawsuit by a disgruntled neighbor against the Town Zoning Enforcement...more

Jaburg Wilk

Relocation – Mission Impossible?

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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

Jaburg Wilk

Is There a Presumption in Favor of Equal Parenting Time?

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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 parents”. ...more

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