Practical perspectives for contemporary legal challenges.
The recent decision of Compher v. Whitfield from the Tennessee Court of Appeals is a prime example of how far child custody law in Tennessee has to go to catch up with today’s same-sex partner realities. In Compher, two women were in a same-sex domestic partnership. In approximately 2009/2010, the parties decided to have a child together. The …
Continue reading “Same-Sex Partners – Child Custody Land Mines”
In case you live under a rock, marijuana is legal in Michigan for both medicinal and recreational use. However, a stigma remains around marijuana use and the user that continues to evolve. The long-existing public perception of the squinting stoner on the couch devouring a bag of chips remains a problematic stereotype to overcome, especially …
You have hundreds of text messages between you and the other parent. You hand them all over to your lawyer, expecting the lawyer to be ecstatic that you can show every cancellation of parenting time, refusal to take the child to the doctor when sick, and general uncooperativeness. Yet, after pouring through them, the attorney …
Continue reading “Three Ways to Ensure Text Messages Are Relevant in Custody Cases”
You have hundreds of text messages between you and the other parent. You hand them all over to your lawyer, expecting the lawyer to be ecstatic that you can show every cancellation of parenting time, refusal to take the child to the doctor when sick, and general uncooperativeness. Yet, after pouring through them the attorney …
Continue reading “Three Ways to Make Text Messages Useful in Custody Cases”
In Arizona, a child can decide which parent to live with after their parent’s divorce only when the child reaches his or her 18th birthday. At this age, when the child is no longer a minor, the Court loses jurisdiction over the child for purposes of determining legal decision-making (custody) and parenting time. Until this age, …
Continue reading “When Can My Child Decide Which Parent to Live With After the Divorce?”
It is universally recognized that litigating legal decision making, parenting time or other parenting issues can be harmful to the development of children. Litigation involving minor children, especially high conflict and protracted litigation, can result in ongoing emotional turmoil, depression, lower levels of self-esteem and a higher risk of mental illness, substance abuse, educational difficulties …
It is the policy of the State of Arizona that, absent contrary evidence, the child should have “substantial, frequent, meaningful and continuing parenting time with both parents.” The court will always look to the best interest of the child in determining a parenting time schedule. The judge considers many factors in determining the best interest …
Continue reading “How Will the Court Determine the Parenting Time for the Minor Child?”
Arizona does not use the word “custody” in making decisions about a minor child. Instead, Arizona uses the terms legal decision-making and parenting time to better define what a court must do in deciding issues related to a minor child. Legal decision-making refers to the right and responsibility of a parent to make nonemergency decisions …
Continue reading “What Types of Custody are Awarded in Arizona?”
Two questions that often get asked in custody cases are what weight does the child’s preference have in a custody case, and how can I demonstrate to the judge that I have been the primary care provider. The preference of your child is only one of the many factors a judge may consider in determining …
Continue reading “Considering the Child’s Preference and Primary Care Provider in a Custody Case”
While having two parents who live not only in the same state, but within a reasonable driving distance from each other is ideal, this may not always be possible. Sometimes a move out of state is necessary due to employment, family, health, or remarriage. Other times, the ability to provide for a better standard of …
Continue reading “6 Factors to Consider When Deciding Relocation in Child Custody Cases”