News & Analysis as of

Parenting Plans Physical Custody

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

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

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

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

Fox Rothschild LLP

Living in Grandma’s Property and off her Money Does Not Confer Standing to Her

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We have done a lot of complaining lately about some pretty bizarre cases. Then, along comes Schultz v. Schultz and Passetti; an important case that merits being published because it makes important law and is a credit to the...more

Fox Rothschild LLP

The 10 Year Old Witness; An Adventure in Anxiety

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My New Jersey colleague Eric Solotoff just published in our sister blog about a recent Appellate Division case from that state where a relocation case was remanded for lack of a record related to the views of a 10 year old...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

Stange Law Firm, PC

How can grandparents get visitation rights?

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Grandparents can play an important role in the lives of their grandchildren. Undoubtedly, many children have deep and inseparable bonds with their grandparents. When parents are married, or together, many grandparents can get...more

Fox Rothschild LLP

An Important Grandparent Custody Standing Case Falls into the NonPrecedential Crack.

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One of the important areas of child custody law as it has evolved in the past decade relates to when a grandparent has the legal right (or standing) to pursue claims for partial custody of a grandchild. This is a place where...more

Fox Rothschild LLP

Do Parents have to Consent to Relatives Becoming Psychological Parents?

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It is not uncommon for grandparents or other family members to get custody of other family members when the children’s parents have issues preventing them from caring for their children and/or when there is DCPP involvement....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

Dentons

Holiday Harmony: Scheduling Tips for Divorced or Separated Parents

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During the holidays, families spend time together observing religious, secular, and other personal traditions. For parents living together with their children, planning where everyone should be and when can already be a...more

Fox Rothschild LLP

When it Comes to Shared Parenting, Shouldn’t the Ability to Co-Parent be Paramount?

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Almost like King Solomon suggesting that a child be cut in two so that each parent can have half, more and more, I am hearing about judges and custody evaluators who default to 50-50 shared parenting. Now, that isn’t the law....more

Fox Rothschild LLP

A Dad’s Worst Custody Argument Strikes Again

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Fathers have come along way in the world of child custody. When this writer started practicing family law in 1982, dads were second class citizens. Inferior parents at best who typically left custody court with Saturday noon...more

Burns & Levinson LLP

Co-Parenting Course Required for Divorcing Parents as of November 1, 2023

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The Massachusetts Probate and Family Court has issued Standing Order 3-23, which requires parties to divorce, annulment, parentage, and modification actions involving custody or parenting time filed on or after November 1,...more

Smith Debnam Narron Drake Saintsing & Myers,...

How Can One Secure Sole Legal Custody of Their Children in North Carolina?

The concept of child custody has evolved over the years. In the past, having sole legal custody was relatively common, but as family dynamics have shifted, with both stay-at-home and working parents playing essential roles in...more

Fox Rothschild LLP

The “Realities” of Interstate and International Custody Disputes

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Unlike most other cases, divorce and child custody cases often start somewhat explosively. This seems to apply to the recent filings involving Joe Jonas and Sophie Turner. Cases involving people with enormous wealth get...more

Lowndes

Navigating the Legal Maze of Parental Relocation in Divorce

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Celebrity news often grabs everyone’s attention, especially when it involves a divorce that is playing out both in the court system and in the public eye. Recently, headlines have followed the divorce of celebrity couple Joe...more

Fox Rothschild LLP

If Custody Modification is “On the Table” so is Legal Custody

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Pennsylvania codified its custody laws in 1985 and at that time it drew a statutory distinction between decision making power (legal custody) and actual possession of the child (physical custody). In the 1980s there was a...more

Lowndes

New Florida Legislation Helps Unwed Fathers Gain Parental Rights

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In recognition of Father’s Day this past weekend, a change in the law may be of particular importance to fathers. Effective July 1, 2023, a new law signed by Governor DeSantis now acknowledges rights of “unwed fathers.”...more

Kohrman Jackson & Krantz LLP

Depp V. Heard: Takeaways For Child Custody Matters Involving Substance Use And Abuse

DEPP V. HEARD DETAILS THE VERY REAL ALLEGATIONS AND ISSUES OF SEVERE SUBSTANCE ABUSE - For the past few weeks, news outlets and social media platforms have been abuzz discussing the celebrity trial of the current moment —...more

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