News & Analysis as of

Best Interest Standard Divorce

Lasher Holzapfel Sperry & Ebberson PLLC

Establishing a Residential Schedule in a Washington Parenting Plan

If you and your spouse are undergoing a divorce with children, there’s a good chance you are thinking about what kind of custody arrangement you will end up with. In Washington, we refer to these as “Residential Provisions”...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

Awatif Mohammad Shoqi Advocates & Legal...

Child Custody for Non-Muslim Women in the UAE: Understanding the UAE Laws

In the UAE, Federal Decree-Law No. 41/2022 on Civil Personal Status and Abu Dhabi Law No. 14/2021 on Civil Marriage have introduced significant reforms to ensure equality between men and women, particularly in matters of...more

Fox Rothschild LLP

Yes, Parties Can Agree to Waive the Change of Circumstances Standard

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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

Tucker Arensberg, P.C.

How does Pennsylvania define and differentiate between Legal Custody and Physical Custody?

In Pennsylvania, custody determinations are decided in the child’s best interest. Parents may be able to resolve custody issues between themselves by way of negotiation and agree to a custody stipulation; however, if the...more

Jaburg Wilk

Unrestricted Use of Medical Records in Arizona Divorces and Parenting Time Cases Has Changed

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For many years, the question of whether medical records could be used in an Arizona divorce case was settled – so long as the issues of parenting time and legal decision-making were in dispute, all medical records relevant to...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

Jaburg Wilk

How Acts of Domestic Violence Impact Child Custody

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In a custody dispute between parents in an Arizona proceeding, if a parent has committed an act of “domestic violence” their right to have equal decision-making authority and unsupervised, or any, parenting time is at risk. ...more

Lasher Holzapfel Sperry & Ebberson PLLC

Parenting Evaluators and Quasi-Judicial Immunity

When custody arrangements are in dispute and the parties cannot agree on a parenting plan, the trial court may order that a “parenting evaluator” be assigned to the case. The evaluator acts as a neutral, third-party who...more

Fox Rothschild LLP

Do I believe in Settlement? Well, It’s Not Like Sasquatch…

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Recently, I was at a meeting, and the person across the table from me asked me a very thoughtful question: “Do you believe in settlement or is your philosophy to litigate, litigate, litigate?” Well, it’s not like...more

Lerch, Early & Brewer

In the Weed(s): What Legalized Pot Means for Your Maryland Custody Case

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Marylanders voted that beginning July 1, 2023, adults 21 and older may possess, smoke, and grow cannabis (with some limitations). For many divorcing couples, the question looms – how might legalizing marijuana impact your...more

Kohrman Jackson & Krantz LLP

Top Three Tips for Working with a Guardian ad Litem Appointed in a Child Custody Case

WHAT IS A GUARDIAN AD LITEM? It is no secret that, inherent in any legal proceeding, are a copious number of Latin terms and phrases. For those not trained in the law—as well as for those that do not have any prior...more

Fox Rothschild LLP

A Family Court Judge Weighs In

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Sunday night not only brought us the news of 1,000 deaths in New York but US officials discussing potential death numbers as high as the number killed in the US civil war. My partner Rhonda Ores from New York posted a brief...more

Jaburg Wilk

Domestic Violence and Joint Legal Decision-Making in Arizona

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Domestic violence allegations are unfortunately part of many divorce proceedings. A recent decision by the Arizona Court of Appeals [i] clarifies how domestic violence may impact which parent can make decisions relating to...more

Jaburg Wilk

Top 6 Relocation Factors that an Arizona Family Law Judge Considers

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It is common that divorced parents remarry or become involved in other relationships. It is also common that divorced parents (or parents in the midst of a divorce) may want to leave Arizona – to “relocate” to another state...more

Jaburg Wilk

Relocation Challenges for Divorced Parents

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Divorce attorneys are frequently asked whether or not children can be moved to another state and why one of the parents cannot simply move their kids without going to court or consulting the other parent. It’s not as easy...more

Jaburg Wilk

Family Law Judges Can No Longer Make Parental Decisions in Arizona

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Where will Emma go to school? Will Jacob’s acne be treated with Accutane? Is Jackson going to see a therapist? For many years divorced parents in Arizona - with equal parenting rights and an inability to agree on such...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

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