From a legal standpoint, there are no consequences for anyone in this scenario. Some custody agreements specifically provide for birthday party arrangements, most don’t. This is one of those things that parents must resolve outside of the courtroom. Either parent can throw a birthday party and may invite whomever th
From a legal standpoint, there is nothing you can do to force Mom to take care of her son. Dad already has primary physical custody and should be receiving child support. A judge will not force a parent to exercise her custody rights. If you are incurring childcare costs because of her refusal to take her son on her w
The most common issue I see as a family law practitioner is addiction. Many times the same addiction issues that lead to the divorce itself are a focus in the resulting custody proceedings.
Even though marijuana seems headed towards being the next drug that is eventually legalized, taxed and regulated throughout the country (like alcohol), parents should not assume that marijuana use is acceptable in the lives of their children. Judges are fond of saying, “Children are entitled to a drug-free life.”
Child Support is governed by Statute. The Court will first determine your gross monthly income (pre-tax) and will use that number to determine the amount owed based on either a joint physical custody scenario or a primary physical custody scenario.
Consider the following scenario: Husband and Wife have been married for 23 years. Husband and Wife still get along but have just grown apart. Husband and Wife get divorced.
If you are facing divorce and are the primary wage earner in the family, you need to come to the realization that you will likely be required to pay temporary spousal support to the dependent spouse pending finalization of the divorce.
Every year around this time I am asked whether or not it would be appropriate for a parent to receive a reduction or abatement in child support during extended summer visitation when the children are not with the parent who normally receives child support.
Long story short: You file for divorce. After a long and acrimonious battle you go to court and your attorneys finally negotiate a settlement agreement- not the perfect agreement, but one that both you and your spouse can live with
If your child’s other parent was in prison and has now been paroled you may believe that you have a slam dunk case for sole custody. This may or may not be true- it depends on the crime that the other parent committed and the present circumstances. Extremely violent crimes, like murder, usually result in a life sente