News & Analysis as of

Child Custody Best Interest Standard

McNees Wallace & Nurick LLC

How Pennsylvania’s child custody law is changing in 2025: What parents need to know

When it comes to child custody, court decisions have a profound impact on families. Understanding how judges evaluate these cases empowers parents to advocate more effectively for their children’s well-being. With recent...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Can Your Therapist Opine About Your Custody Case?

Parents often tell me that their individual therapist, former marriage counselor, or even their child’s therapist should have an opinion about the outcome of their custody case. They’ll ask why the judge cannot just speak to...more

Kohrman Jackson & Krantz LLP

When Grandparents Step In: Legal Options for Visitation and/or Custody in Ohio – Part 3

In the first two parts of this series, we explored how grandparents in Ohio can seek visitation rights and obtain temporary custody through parental agreements. But what happens when a grandparent believes that a more...more

Ward and Smith, P.A.

The Changing Landscape of Unmarried Parents

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One in four parents living with a child in the United States today are unmarried. Of these, 35% of all unmarried parents are living with a partner.  In the event the relationship goes south, do unmarried fathers have rights...more

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

Fox Rothschild LLP

Proving Psychological Parentage Not Required for Grandparent Visitation, But it Sure Does Help

Fox Rothschild LLP on

Since the US Supreme Court decided Troxel v. Granville in 2000, grandparents have had an uphill battle obtaining grandparent visitation. While the New Jersey standard was set in Moriarty v. Bradt a few years later (a case...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

“Hey Dad. Let Me Introduce You to My Other Dad.”

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As if life is not confusing enough, we saw a precedential Superior Court custody case published on September 6, 2023 which speaks to the brave, new world of parenting. S.J. is born in April 2020. Mom was then...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

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

Jaburg Wilk on

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

McNees Wallace & Nurick LLC

Appellate Court Upholds Decision To Award Partial Child Custody To Mother’s Former Partner

In a non-precedential appellate decision C.B. v. L.B., a Pennsylvania appellate court held that mother’s former partner should be granted periods partial custody, one weekend per month, and eventually reducing to one Saturday...more

McNees Wallace & Nurick LLC

Pennsylvania Superior Court Denies Father's Petition To Change His Son's Last Name To Match His Own

In a November 2015 binding opinion, the Pennsylvania Superior Court entered an order denying father's request to change his three year old son's last name to match his own. The Superior Court also denied father's alternative...more

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