News & Analysis as of

Family Law Courts

Carlton Fields

Florida Appeals Court Decisions: Week of November 25-27, 2024

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U.S. Eleventh Circuit Court of Appeals - No decisions this week...more

Fox Rothschild LLP

What To Do/What Not to Do When the Other Parent Removes Children to Another State

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Relocation with children is always a hot button issue. That said, since the Supreme Court decided Bisping in 2017 , relocation got more difficult because it became largely a best interest analysis. Most of the time, these...more

DarrowEverett LLP

Surrogacy, Adoption and Beyond: Your Parental Rights in Rhode Island

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As the holidays approach, family is at the forefront in many people’s minds. Families come in every variety of size, color, age, gender and chaos. Some families look like the Cleavers or the Cosbys. Others look more like the...more

Fox Rothschild LLP

Once Again, Appellate Division Reaffirms That Joint Physical Custody is “Rare”

Fox Rothschild LLP on

As I have blogged here before, despite it not being the law and not really supported by the social science, many judges and even many custody experts have taken the position that 50-50 custody should be the de facto starting...more

Stange Law Firm, PC

What’s an answer to initial pleadings?

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When a divorce or family law case begins, one party files a petition or a motion. It could be a petition for dissolution of marriage, paternity, or a motion to modify. It could be a motion for contempt, an order of...more

Bowditch & Dewey

Tassel or Hassle: College Costs and Divorce

Bowditch & Dewey on

If you are the parent of a high school senior, you’re keenly aware that it is not just leaf peeping season, but college application season. Early action and early decision applications for most colleges are due in October or...more

Lasher Holzapfel Sperry & Ebberson PLLC

“Nesting” During Divorce: Is Nesting Right for My Family?

“Nesting” is a custody arrangement where, rather than having children move between homes, the children stay in the family home and the parents move back and forth and alternate living there. While it may sound appealing,...more

Fox Rothschild LLP

Court Lets Another Teenager Refuse Reunification Therapy; Was This Another Case of Justice Delayed is Justice Denied?

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In 2021, I wrote on this blog about a case where a court delayed reunification therapy because a 12 year old child didn’t want to do it. To this day, this continues to be one of the most read posts on our blog, more than...more

Fox Rothschild LLP

Court Can’t Decide Mid-Trial Motions to Dismiss in DV Cases Based on Credibility

Fox Rothschild LLP on

Many domestic violence cases, particularly those dealing with allegations of harassment, or borderline cases that may or may not be what is called “domestic contretemps” come down to credibility determinations. Which party is...more

Fox Rothschild LLP

Moving Closer and a Child’s Maturation Can Be Changed Circumstances to Modify Custody

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It should come as no surprise that a child’s best interests change over time. That is one of the reasons why, under the law, that custody and parenting time Orders and Agreements are always reviewable and modifiable. However,...more

Fox Rothschild LLP

When Parenting Time is 50-50, There Isn’t Usually a Parent of Primary Residence (PPR)

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In the late 1990s when the Child Support Guidelines were drastically changed to account for overnight parenting as well as shared parenting, the terms Parent of Primary Residence (PPR) and Parent of Alternate Residence (PAR)...more

Cozen O'Connor

Reconciling Spouses and Retroactive Child Support

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How are child support obligations affected when formerly married couples reconcile numerous times? When do children of the marriage become independent? In a recent case heard by the Supreme Court of British Columbia, the...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Evidence in Divorce and Custody Cases

“It didn’t happen if there isn’t a document to prove it.” This proposition is a little bit like “possession is nine tenths of the law.” It sounds good and frequently applies, but it isn’t as absolute as it sounds. In...more

Jaburg Wilk

How to Use Arbitration in an Arizona Family Law Case

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Arbitration is an underutilized tool in Arizona family law cases. Put simply, arbitration is a dispute resolution process where an agreed-upon third party—the arbitrator—resolves a family law dispute outside of a traditional...more

Stange Law Firm, PC

What is hearsay in divorce and family law matters?

Stange Law Firm, PC on

Hearsay is an important legal concept that lawyers learn in law school. Under Federal Rule of Evidence 801, hearsay is an out-of-court statement offered for the truth of the matter asserted. Even many lawyers are often...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Understanding Interim Financial Relief

When parties separate in anticipation of divorce, there are several key financial considerations that must be addressed at the outset. Who’s staying in the residence? Who’s paying support to whom, what, if anything, do we do...more

Fox Rothschild LLP

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

Fox Rothschild LLP on

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

Fox Rothschild LLP

Don’t Be Surprised if There is Rough Justice When You Sleep on Your Rights

Fox Rothschild LLP on

It is quite common in divorce settlements to require payments to be made over time or in the future. Some people, for whatever reason, choose not to immediately go back to court for enforcement when there is non-compliance....more

Fox Rothschild LLP

No, Courts Cannot Just Adopt A Court Appointed Expert’s Opinion Without a Cross Examination

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The Rules of Court clearly allow a Family Part Judge to appoint their own expert on any issues, whether custody or economic issues, in order to aid the court in making a decision on an issue before the Court. The Court rule...more

Stange Law Firm, PC

What is realistic estrangement?

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Many are familiar with the term parental alienation. However, many are entirely unfamiliar with the term realistic estrangement. Parental alienation is where one parent begins a campaign to demean and defame the other...more

Bowditch & Dewey

Accurately Completing Financial Statements When Obtaining a Divorce

Bowditch & Dewey on

Everyone who obtains a divorce in Massachusetts will have to file a crucial document at least once in their case: a financial statement. The importance of an accurate financial statement cannot be overstated, particularly in...more

Blank Rome LLP

[Webinar] Embracing New Beginnings: Moving on after Divorce - August 15th, 5:00 pm - 6:00 pm EDT

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Look Ahead with Lois Liberman: A Women’s Salon Series - Blank Rome partner Lois J. Liberman’s Look Ahead salons are designed to address the very personal and pivotal issues that concern women who are divorced and...more

Weber Gallagher Simpson Stapleton Fires &...

Are No-Fault Divorces Coming to an End in Pennsylvania?

Recently in the news, there has been talk of eliminating no-fault divorces. Attorneys are concerned this will lead to lengthy divorces, unnecessary court involvement, and costly expenses. Often clients will call and ask for a...more

Fox Rothschild LLP

A Trial Is Not The Only Way To Settle Your Divorce

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Many clients believe that if they file for divorce, the road to resolution is litigation and a trial. While naturally, that is the final step if a settlement is not reached, divorce trials are reasonably uncommon in New...more

Smith Debnam Narron Drake Saintsing & Myers,...

Preparing for a High-Conflict Divorce: Tips and Strategies

Understanding the High-Conflict Dynamic - A high-conflict divorce is a tumultuous and emotionally charged process that can leave lasting scars on all parties involved. Unlike amicable separations, this type of divorce is...more

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