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Physical Custody Divorce Child Custody

Fox Rothschild LLP

What To Do/What Not to Do When the Other Parent Removes Children to Another State

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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

Ward and Smith, P.A.

When Co-Parenting Fails: How Courts Decide Legal Custody Disputes

Ward and Smith, P.A. on

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

Stange Law Firm, PC

The impact of realistic estrangement on child custody matters

Stange Law Firm, PC on

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

Fox Rothschild LLP on

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

Warner Norcross + Judd on

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

Dentons on

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

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

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

Stange Law Firm, PC

How can grandparents get visitation rights?

Stange Law Firm, PC on

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

Is the Current Custody System Promoting Conflict?

Fox Rothschild LLP on

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?

Fox Rothschild LLP on

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

Fox Rothschild LLP on

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

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

Fox Rothschild LLP on

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

Lowndes on

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

Fox Rothschild LLP on

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

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

Foster Swift Collins & Smith

When is Divorce During the Holidays a Good Idea?

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

Lowndes

Dads Are Important, Too: The Vital Role of Dads in Divorce and 50/50 Timesharing

Lowndes on

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

Fox Rothschild LLP

Softening The Negative Emotional Impact Of Divorce

Fox Rothschild LLP on

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

Pullman & Comley, LLC

Navigating Divorce and Child Custody Arrangements Without the Courts During COVID-19

Pullman & Comley, LLC on

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

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