News & Analysis as of

Divorce Co-Parenting Parenting Plans

Divorce is the formal legal dissolution of a marriage. The divorce process implicates many diverse areas of the law including, but not limited to, real estate, wills and trusts, child custody, and tax.
Fox Rothschild LLP

Another Custody and Parenting Matter Reversed For Failing to Hold a Plenary Hearing

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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

Stange Law Firm, PC

The impact of realistic estrangement on child custody matters

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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

Fox Rothschild LLP

I Guess Going From 50-50 to No Overnights for 19 Months Is a Change of Circumstances

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Since the Child Support Guidelines were amended in the late 90s, the number of overnights with each parent factored in to the child support calculus for cases within the Guidelines. In general, the more overnights meant less...more

Foster Swift Collins & Smith

[Webinar] Back to School: Balancing Careers, Schedules and Divorce - August 7th, 9:00 am - 9:30 am EST

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

Warner Norcross + Judd

Navigating the Summer as Divorced Parents

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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

Bowditch & Dewey

Two Families Now

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Absent a waiver, anyone involved in a child custody case in the Massachusetts Probate & Family court – whether via a Complaint for Divorce, Complaint for Separate Support, Complaint to Establish Parentage, or Complaint for...more

Dentons

Child Custody in Iowa: Three Tips For Showing The Emotional Ability To Care For Your Child

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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

Fox Rothschild LLP

Evaluating Custody Disputes Through Your Child’s Eyes

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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

Lowndes

Two Big Changes to Florida Law that Every Father Should Know About this Father's Day

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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

Dentons

Parenting Rights: All or Nothing

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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

Lerch, Early & Brewer

Summer is the Time to Separate – for Your Kids’ Sake

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Married couples that are contemplating separation or divorce often want to put off thinking about the future during the summer and instead get in that pre-planned Disney trip with their kids....more

Fox Rothschild LLP

How Nesting Can Turn Quickly to Custodial Warfare

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Back on October 6, 2023 we wrote about the concept of sharing custody in a setting where the children stay put and their parents move in and out of the former marital residence. We noted then that the concept can work but...more

Lasher Holzapfel Sperry & Ebberson PLLC

Does My Child Have a Say in the Final Parenting Plan?

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

Obermayer Rebmann Maxwell & Hippel LLP

What is Supervised Custody and is it Right for You?

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

Fox Rothschild LLP

Hearsay Is Admissible: Just Unlock the Back Door

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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

Fox Rothschild LLP

Lessons for Coping with the Flaming TeenAge

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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

Fox Rothschild LLP

Are You Being “Taken” Out at the Ball Game?

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If you happened to be out and about this weekend chances are good that you drove past neighborhood athletic fields which are starting to fill with student athletes and their middle aged coaches. In one sense, this is part of...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

5 Tips For Better Co-Parent Communications

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

Burns & Levinson LLP

Two Families Now: Co-Parenting Course Revised

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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

Burns & Levinson LLP

Nesting – is it just for the birds?

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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

Fox Rothschild LLP

Superior Court “Fans” On Claim that Mother’s Sex Work Should Affect Custody.

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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

Fox Rothschild LLP

Relocation in the Age of On-Line Relationships.

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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

Fox Rothschild LLP

Four Christmases – How to Plan for Sharing the Holidays

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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

Lasher Holzapfel Sperry & Ebberson PLLC

Surviving the Holidays While Going Through a Divorce

The holiday season can exacerbate certain challenges for those going through a divorce. However, if you are mindful of these challenges, you can prepare for them so that you can still find time to get much needed rest. Here...more

Fox Rothschild LLP

Is the Current Custody System Promoting Conflict?

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The first page of the non-precedential custody and contempt decision in T.J.N. v. K.M. more or less reflects a lot of the custody cases we have reported on in recent years. “Mother and Father were never...more

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