Why it is imperative that attorneys handling move-away cases understand the nuances of the law and are effective in making a persuasive initial factual showing.
As a family law practitioner, you have the ability to refer your clients to an education program that is superior to what the court orders — allowing your clients and their children to experience less conflict throughout the divorce process.
Managing clients’ emotional reactions is an important aspect of helping them through the difficult legal process of divorce and child custody disputes.
Today, the majority of courts consider the best interests of the child – including the importance of a relationship with the noncustodial parent – in determining relocation applications. However, some states are still using outdated laws that favor the parent seeking to relocate.
A Michigan custody battle makes national headlines and shows how it’s the children who become the innocent victims, stuck in the middle of their parents’ dysfunction.
When contemplating a shared physical custody schedule for an adolescent, you should consider the child’s personality; some personality profiles are a better “fit” for shared custody than others.
By Plinio Garcia: The benefits of referring your client to a parenting consultant can be immeasurably valuable.
By Ken Nathens: This article focuses on the leading 1996 case of Gordon v. Goertz of the Supreme Court of Canada. The author’s argument is that although Gordon establishes guidelines for move away cases the guidelines are rather subjective which leads to further litigation because of the uncertainty of the law.
By Plinio Garcia: This January, a new law will change the traditional perception of “family” for the California court system.
By Gerald Cooke: Judges and custody evaluators must carefully explore a teenager’s underlying motives to properly gauge how much weight their parental preference should be given.