The impact of realistic estrangement on child custody matters
How to Put Your Children First in Co-Parenting
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
Typically, in order to modify support or custody/parenting time provisions in an agreement or judgment/order, the party seeking a modification must show a substantial and continuing change of circumstances. Given the goal of...more
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
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
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
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
Alcohol and substance use disorders (including alcohol and controlled substances like cocaine, heroin, and opioids) are increasing in many parts of the United States, with significant impacts on those affected and their...more
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
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
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
Individuals who are engaged in protracted custody litigation in Pennsylvania may come across the concept of a parenting coordinator during the duration of their custody matter. The below covers the basics of a parenting...more
Parental alienation cases are heart breaking, both because of the damage to the children and the fact that the alienated parent is often robbed of large parts of the children’s childhood – and worse. For years I have said...more
Missouri recently followed many other states by making equal parenting time a rebuttable presumption in divorce and child custody matters. The rebuttal presumption was enacted as part of Senate Bill 35, which went into effect...more
You filed for a Temporary Restraining Order against the other parent of your child and, after a hearing, were granted a Final Restraining Order. The other parent is now restrained from communicating with you either directly...more
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
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
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
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
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
I started reading C.G. v. D.W., an unreported (non-precedential) Appellate Division case released on March 1, 2024, sucked in by the opening sentence about the court’s denial of an intra-state move. As there aren’t that many...more
I have extensively blogged on the importance of formalizing arbitration agreements in the context of divorce or post-judgment actions in compliance with the applicable Court rules, offering technical and practical advice if...more
Alimony is generally modifiable if a substantial and continuing change of circumstances can be shown. Typically, when we think about changes of circumstances in this regard, we generally look at financial changes of...more
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
When a marriage approaches separation, one of the most pressing concerns for parents is determining the custodial care and visitation arrangements for their children. This pivotal decision often leads to disputes, as each...more
Going back more than three decades, there are Appellate Division cases that offer caution about the abuse of the domestic violence statute to get a leg up in an impending or pending divorce or custody matter. At around the...more