The impact of realistic estrangement on child custody matters
Let's Talk Child Custody
Relocation with children is always a hot button issue. That said, since the Supreme Court decided Bisping in 2017 , relocation got more difficult because it became largely a best interest analysis. Most of the time, these...more
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
Ever make a decision by flipping a coin? It seems like a reasonable option to decide where to have dinner or which movie to see, but not so pragmatic in major decisions involving your minor children....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
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
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
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
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
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
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
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
Lauren Stone and Joey Worner gave birth to G.W. late in 2018. The couple separated in 2021 and it appears dad moved back with his parents, Ted and Adelina at about that time. These grandparents and mom’s mother provided...more
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
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
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
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 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
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