When the parties can’t come to an agreement, a child custody evaluation by a mental health professional can help judges by giving an assessment of the family, each parent’s capacity to parent, and the children’s needs and capabilities. Whether the motion for the evaluation is made by the judge or one of the parents, here are some important considerations for you and your client to discuss. Continue reading
Although you can’t predict what will happen in custody cases, you should draft standard language in custody agreements and court orders that will address common problems that arise in joint legal and physical custody situations. Doing so will help align parental expectations and minimize conflict for children.
A court-ordered parenting plan governs how parents will share the “care, custody and management of their child,” a fundamental liberty interest recognized by the United States Supreme Court. This liberty interest encompasses parents’ interests in religious freedom and their right to teach and share their religious beliefs and practices with their children. What happens when each parent wants their child to share very different religious and cultural traditions? Continue reading
When parents don’t agree on a child custody issue, the parenting plan is the tiebreaker. Given this power, family law attorneys need to draft parenting plans with the utmost care to make sure that uncertainty and ambiguity don’t undermine the best intentions. Continue reading
When parents aren’t living together as a child’s birth approaches, the family may benefit from having pre-birth orders spelling out what will happen at the hospital and beyond. Continue reading
For each attorney, there are many cases that he or she ought to turn down. One reason to decline a case is a client that is likely to be nothing but trouble for you. Continue reading
In the first part of this blog post, we presented 5 tips from retired family law judge and CEB author Hon. Frederick A. Mandabach to help practitioners best approach family law hearings and trials. Here are 5 more inside tips from the judge. Continue reading