Perhaps everyone who reads this blog will agree that routine and “sameness” are considered aspects of our daily life. The old adage, “change is hard”, best captures this concept. The same is true for children of divorce and paternity cases. The initial determination of which parent should have custody is “gender neutral” and gives no parent a preference for preliminary custody in the trial court’s initial determination. However, after the case is decided, where custody may change, the children usually establish a custodial routine on who they stay with and when. Any changes or disruptions to the schedule are significant for the ...
Tag: non-custodial parent
July 11, 2018CD
Jobs and relationships (significant others) are in a constant state of change in today’s digital world. However, in cases where two parents share custody or one has primary custody and the other parenting time from a divorce1 or paternity order, a relocation of any significant distance can create a potentially significant issue for parenting by the non-relocating parent. Where the custodial parent is the relocating parent, if challenged by the remaining parent, the relocating parent must prove the relocation is made in good faith and for a legitimate reason. This blog presupposes a relocating parent can meet this burden; and ...
June 27, 2018CD
While children are resilient and “bounce back”, modifying physical custody from one parent to another parent is a major life factor that may impact the child’s fundamental sense of safety, security, and stability. For this reason, there are two common factual situations where custody modification does not make a strong legal case. The first is where the non-custodial parent’s life has improved, but this has had little impact on how the kids are doing in the custodial parent’s care. Remember, the legal focus for modification is on the children’s best interest. So, for instance, a parent who has achieved long-term sobriety ...
May 22, 2018CD
The Impact Upon Children in a High Conflict Custody Case This blog discusses the importance of trying to resolve disputes in high conflict custody cases to try to avoid emotional harm to the children. Often in high conflict cases involving child custody disputes, the single most important factor is ignored by the parties: “what is in the best interest of the child”. Many times, the conflict begins because one party, the non-custodial parent “wants” something, usually more time with the child, and the custodial parent is absolutely opposed. Both parties may have a variety of reasons for their positions. But ultimately the ...
January 17, 2018CD
A number of our blogs over time have discussed the “how to” of a good faith relocation. Unfortunately, sometimes a parent gets blinded by the desire to move and loses sight of the fact this may not be in the children’s best interests; and he or she may provide very little or no notice and relocate. This blog addresses the potential remedies to stop or challenge a custodial parent’s relocation with the child by the non-custodial parent. When the custodial parent provides timely notice of relocation, the non-custodial parent can object in one of two recognized ways. The first is to ...
September 14, 2016Adam Hayes