News & Analysis as of

Divorce Joint Custody Child Custody

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

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

Fox Rothschild LLP

Custody Decision Vacated Over Failure to Interview 10 Year Old To Find Out His Preference

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I started reading C.G. v. D.W., an unreported (non-precedential) Appellate Division case released on March 1, 2024, sucked in by the opening sentence about the court’s denial of an intra-state move.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

Fox Rothschild LLP

An Appellate Decision on Transgender Care Comes Without Getting to the Substance

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The October 6 decision in RSK v. DLK is non-precedential but still important because of the subject. The parties are parents of four children and have been divorced for a decade. One of those children KK was born as female...more

Fox Rothschild LLP

Does Custodial “Nesting” Really Work?

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National Public Radio recently dropped a podcast on 1A about the custody trend of recent years known as “nesting” or “birdnesting.” It picked up some momentum through the pandemic. The idea is that there is a common household...more

Fox Rothschild LLP

Costner Wars Round 2 Yields Another Kevin Victory in the War Over How Much is “Enough.”

Fox Rothschild LLP on

One of the benefits of “advice by blog” is that lawyers can be more objective in giving advice. There is not an anxious client sitting across the table asking if “Everything will be ok.” Divorce is a challenging world in the...more

Kohrman Jackson & Krantz LLP

6 Steps to a Successful Custody Battle

No one wants to go through a high-conflict child custody case as it can bring out the worst in the parents and cause severe stress. It’s important to know how to navigate the changing parenting dynamics that are created by a...more

Fox Rothschild LLP

Superior Court Takes On Covid Vaccination, Religious & Speech Freedoms All in One Case.

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On March 1, 2023 a precedential panel decision was issued in Rogowski v. Kirven. They are the parents of O.K. who is nine years old. The couple divorced in 2018 and mom remarried. From 2018 until August 2020 they shared week...more

Tarter Krinsky & Drogin LLP

Law Brief®: Rich Schoenstein and Morghan Richardson Discuss Trends in Divorce and Custody

On the latest episode, Matrimonial & Family Law Partner Morghan Richardson joins Host Rich Schoenstein to talk about current trends, including joint custody arrangements, pre-nuptial agreements covering pets, and the...more

Burns & Levinson LLP

Navigating Co-Parenting With a Partner Who Abuses Alcohol

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Alcohol consumption is widespread in American culture. A 2020 study conducted by the Centers for Disease Control found that two-thirds (66.3%) of American adults consumed alcohol in the past year, with 5.1% of them admitting...more

Lasher Holzapfel Sperry & Ebberson PLLC

Is Vaccinating your Children for COVID-19 an Emergency Parenting Decision?

If you are divorcing with children, there are two primary issues that the court must decide as it relates to your kids. The first is a residential schedule which addresses when your children will physically be with you and...more

Fox Rothschild LLP

THE PARNELL CUSTODY TRIAL When the Reach Exceeds the Grasp

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Child custody trials can be interesting; alas, not as riveting as the clients seem to think. The Parnell trial pitted an ex Army ranger turned novelist/ U.S. Senate candidate against his former wife. The stakes were three...more

Obermayer Rebmann Maxwell & Hippel LLP

Vaccinations and Custody: What happens when divorced, separated or unmarried parents can’t agree?

Parents are facing an important health decision for their children. COVID-19 vaccinations have now been approved for children ages 5 and up, which has led to custody disputes emerging between parents as to whether or not a...more

Fox Rothschild LLP

Sometimes the Disposition of an FD Matter is Like the Wild West

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Typically, divorce cases are handled by the court on the “FM” docket and cases involving people that weren’t married but have children together are handled on the “FD” or non-dissolution docket. Despite the fact that a...more

Lasher Holzapfel Sperry & Ebberson PLLC

Nine Tips For Divorcing Parents With A High Needs Child, From A Mother Of A High Needs Child (Who Is Also A Divorce Attorney)

Marriage is hard. Divorce is hard. Marriage with a high needs kid is harder. Divorce with a high needs kid is harder—and most of all for the high needs kid. My husband and I are blessed with two children. My oldest...more

Burns & Levinson LLP

Suspension of Parent Education Program Attendance in Divorce Actions

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In an announcement made by the Probate and Family Court on June 25, 2021, effective September 1, 2021, divorcing parents of minor children will no longer be required to attend and complete the Parents Education Program as the...more

Lasher Holzapfel Sperry & Ebberson PLLC

Top Tips For Divorcing Parents From A Child Of Divorce (Who Is Also A Divorce Attorney)

Several weekends ago, I celebrated a belated Mother’s Day and birthday with my extended family. One of the pictures taken reflects four generations of our family: my mother on one side and my father on the other...more

Jaburg Wilk

Domestic Violence and Joint Legal Decision-Making in Arizona

Jaburg Wilk on

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

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