Category Archives: Child Custody

Sometimes the custodial parent may wish to deny the other parent visitation rights. This happens, for example, when the noncustodial parent may have a problem with alcohol or drugs. The custodial parent must seek the permission of the court to … Continue reading →

Many unmarried parents do not realize that child custody can become a very large issue in their lives because they associate custody disputes only with married couples ending marriages. Sometimes when an unmarried couples splits up, the unmarried father may … Continue reading →

Guided by the “best interest of the child” standard, the first priority of the family court in all jurisdictions is the protection of the welfare of children. For this reason, most jurisdictions conduct investigations into the backgrounds and lifestyles of … Continue reading →

One of the more difficult decisions family court judges make involves parental relocation. “The vast majority” of relocation cases involve a move or proposed move by the primary physical custodian. The other parent, “who enjoys more traditional visitation rights,” objects, … Continue reading →

More than 5 million American families have a family member in prison, and incarceration does not necessarily end visitation and visitation rights for the convict. While the Supreme Court of the United States has ruled that both natural parents have … Continue reading →

Shared, or joint custody, gives divorced parents a chance to be the best parent they can. Shared custody means that both parents have physical and legal custody of the child and share the child, if not equally, then substantially and … Continue reading →

Shondel J. v. Mark D., a New York Court of Appeals case, reaffirmed the applicability of paternity by estoppel in the case of a young man who mistakenly represented himself as a child’s father and who was prevented from subsequently … Continue reading →

In the aftermath of Troxel v. Granville, grandparents who want visitation rights with their grandchildren should try to resolve any conflicts without resorting to the court system by using mediation. Mediation where a third party helps the differing parties reach … Continue reading →

Cigarette smoking can affect a child custody dispute because courts increasingly favor the nonsmoking parent. In some cases – such as those where a child suffers respiratory difficulties from, for example, asthma – courts have said that smoking constitutes child … Continue reading →

According to Dr. Douglas Darnall, parental alienation (PA, as it is called) is one of the most common after effects of divorce. Dr. Darnall and other family and marriages therapists describe parental alienation as a pattern of behavior where “a … Continue reading →