Relocation with children is always a hot button issue. That said, since the Supreme Court decided Bisping in 2017 (which we previously blogged on), relocation got more difficult because
Continue Reading What To Do/What Not to Do When the Other Parent Removes Children to Another StateOnce Again, Appellate Division Reaffirms That Joint Physical Custody is “Rare”
As I have blogged here before, despite it not being the law and not really supported by the social science, many judges and even many custody experts have taken the…
Continue Reading Once Again, Appellate Division Reaffirms That Joint Physical Custody is “Rare”Court Lets Another Teenager Refuse Reunification Therapy; Was This Another Case of Justice Delayed is Justice Denied?
Court Can’t Decide Mid-Trial Motions to Dismiss in DV Cases Based on Credibility
Many domestic violence cases, particularly those dealing with allegations of harassment, or borderline cases that may or may not be what is called “domestic contretemps” come down to credibility determinations. …
Continue Reading Court Can’t Decide Mid-Trial Motions to Dismiss in DV Cases Based on CredibilityMoving Closer and a Child’s Maturation Can Be Changed Circumstances to Modify Custody
It should come as no surprise that a child’s best interests change over time. That is one of the reasons why, under the law, that custody and parenting time Orders…
Continue Reading Moving Closer and a Child’s Maturation Can Be Changed Circumstances to Modify CustodyWhen Parenting Time is 50-50, There Isn’t Usually a Parent of Primary Residence (PPR)
In the late 1990s when the Child Support Guidelines were drastically changed to account for overnight parenting as well as shared parenting, the terms Parent of Primary Residence (PPR) and…
Continue Reading When Parenting Time is 50-50, There Isn’t Usually a Parent of Primary Residence (PPR)Another Custody and Parenting Matter Reversed For Failing to Hold a Plenary Hearing
contested custody and parenting matters require discovery and a plenary hearing…
Continue Reading Another Custody and Parenting Matter Reversed For Failing to Hold a Plenary Hearing
Don’t Be Surprised if There is Rough Justice When You Sleep on Your Rights
When you sleep on your rights, you may not get all that you were entitled to.
Continue Reading Don’t Be Surprised if There is Rough Justice When You Sleep on Your Rights
No, Courts Cannot Just Adopt A Court Appointed Expert’s Opinion Without a Cross Examination
Court’s cannot adopt an court appointed expert’s report without affording the parties discovery and the ability to cross examine the expert…
Continue Reading No, Courts Cannot Just Adopt A Court Appointed Expert’s Opinion Without a Cross Examination
Yes, Parties Can Agree to Waive the Change of Circumstances Standard
Parties can waive the change of circumstances requirement for custody and parenting time modification…
Continue Reading Yes, Parties Can Agree to Waive the Change of Circumstances Standard