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 it became largely a best interest analysis.
Most of the time, these cases are started with one parent asking for permission to move. On the
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 position that 50-50 custody should be the de facto starting point. Bear in mind that this knee jerk reaction ignores the ages of the children,
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 three years later. Maybe the topic of reunification therapy is
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. Which party is more credible, more believable. Is the victim truly fearful based upon prior acts, etc.
Because of that, the all too common tactic
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 and Agreements are always reviewable and modifiable. However, that doesn’t always happen in real life. Very often, litigants are turned away with a finding that
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 Parent of Alternate Residence (PAR) were effectively born. At the time, the PAR only existed if their was some time of shared parenting (more than
a trial court may not draw an adverse inference in an FRO proceeding based solely upon defendant’s decision to invoke his Fifth Amendment right to not testify
A trial is not the only way to settle your divorce
When parenting time changes from 50-50 to no overnights, that is a change of circumstances.
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 that I was involved in), given that parents’ constitutional rights to raise their children are in play, the
