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One of the most common and emotionally charged questions people ask when facing divorce is, “Can —or should— I move out of the marital home before we have an agreement or court order?” The answer isn’t always...more
The Connecticut Parentage Act has introduced a new way for people to become legal parents in the state. A de facto parentage petition can now establish the same legal relationship between a child and the individual as its...more
Every parent wants to make their child’s dreams come true, especially during the holiday season. Sometimes a child’s only stated wish is to have his or her divorced or separated parents celebrate the holidays together....more
“Nesting” is a custody arrangement where, rather than having children move between homes, the children stay in the family home and the parents move back and forth and alternate living there. While it may sound appealing,...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
As the school year comes to an end, parents are planning their vacations. Now is the time to check your Custody Orders and make sure that you are following all the terms and conditions. Most Custody Agreements have provisions...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
This Father’s Day, fathers in Florida have more rights than last Father’s Day. As of July 1, 2023, new laws were enacted in the state. One law requires that a minor child have frequent and continuing contact with both...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
Not a judge. Not a lawyer. Not a therapist. Host Sandra Fava and her guest, Eric Solotoff, Co-Chair of Fox Rothschild’s Family Law Department, explore the role of parent coordinators in New Jersey family law disputes. ...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 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
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
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
In any child custody lawsuit in Ohio, there are two major matters that underpin each and every child custody order. In particular: What is the relevant custodial arrangement? What is the governing parenting time...more
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
After a Family matter is started, and the parties have children under the age of 18, they will be ordered to attend the Parent Education Program. This takes place either at the Courthouse, or via a remote session, depending...more
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
Imagine being a kid; any age over four. Unless you are well north of age 100, you have never seen anything like this. Adults fighting about everything and demonstrating some levels of rudeness not seen since the school...more
August is almost always a tough month for parties going through divorce or custody disputes. In many cases, parties have trouble agreeing on where the children will go to school. The parties might also have trouble agreeing...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