The impact of realistic estrangement on child custody matters
How to Put Your Children First in Co-Parenting
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
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
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
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
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
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
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
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
The first page of the non-precedential custody and contempt decision in T.J.N. v. K.M. more or less reflects a lot of the custody cases we have reported on in recent years.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
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
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
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
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
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
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
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
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
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
This blog was originally published in October 2020 and has since been updated. - Holidays traditionally mean more family time. Yet, divorce may be on your mind this holiday season, and if it is, what should you do about...more
Under Florida law, there is no presumption of 50/50 timesharing for divorced parents. However, with many parents splitting time with their children under a 50/50 time-sharing schedule, divorced dads play a large role in...more
Last week, the Florida Supreme Court in C.N. v. I.G.C. (Case No. SC20-505), ruled on the issue of whether a court is required to give a parent “concrete steps” to restore lost timesharing and return to the pre-modification...more
I recently participated with a client in an uncontested divorce hearing where the Probate and Family Court Judge presiding over the matter said something I have not heard many judges say at an uncontested divorce hearing. ...more
The stress and emotional impact of a divorce can be overwhelming for anyone, even more so when children are involved. A party who is surprised or blindsided by a divorce often wants a day in court to testify about all the...more
A May 8, 2020 New York Times headline proclaimed, “The Pandemic has Slowed the Divorce Process. Here’s What to Expect.” A litany of nightmares follows -- inability to commence the process, ongoing cases at a standstill,...more