Category: Child Custody
The Legal Framework Surrounding Custody Modification
October 16, 2023 | Jason C. Brown
Few things in family court are more difficult than modifying custody. Though not impossible, the process can be daunting and require extensive legal legwork. Keep reading to find out more about the legal framework surrounding custody modification. Modifying Custody Custody modification involves multiple hearings and a four-pronged legal framework that has been in place for decades. The party seeking to modify must initially schedule a motion hearing and file the necessary papers with the district court. These factors are crucial: Whether there has been a substantial change in circumstance since the most recent custody order; Whether the best interest of the child is served by modifying custody; Whether the existing custodial parent’s home environment endangers the physical or emotional health of the child; Whether the harm caused by modification is outweighed by the benefit of the change The moving parties’ allegations are to be accepted as true by the court. If those assumed facts rise to the level of endangerment, the court will make a preliminary determination that an evidentiary hearing is necessary to make a final decision on the matter. The court may opt to modify custody or parenting time on a temporary basis, pending the outcome at the final hearing. If the court makes the preliminary finding that modification is appropriate,…
Read MorePutting Children First: Co-Parenting Through a Pandemic
February 5, 2021 | Elizabeth A. Schading
Co-parenting under normal circumstances presents many challenges for families of divorced or separated parents. Add a worldwide pandemic to a tenuous, oftentimes contentious, family dynamic and the results can be devastating for everyone involved. During COVID-19, many families are discovering that previous co-parenting arrangements may not withstand the demands associated with sheltering in place and remote/distance learning. This can amplify an already stressful situation. Read our blog as we discuss ways to help families cope with the challenges associated with co-parenting through a pandemic. Ensure safety when changing households Many parents wonder if it’s safe to have their children travel back and forth between two households, especially if the other parent is at a higher risk for exposure through work or contact with others like a stepparent or significant other. Some have even gone to court over such matters. Parents should make every effort to talk amongst themselves to discuss how to address safety concerns before getting the courts involved. Maintain open lines of communication Oftentimes separated or divorced parents are estranged from one another, making communication and planning quite challenging. However, parents should try to set aside their differences and focus on the heath and well-being of their children. Maintaining open and honest lines of communication is critical. If you find communicating…
Read MoreWhat Are The Most Common Types of Family Law Cases?
May 22, 2017 | Elizabeth A. SchadingFamily is the most important thing in the world and this means that any problems that arise are particularly troubling for everyone involved. This is where family law steps in and tries to solve any breakdowns as amicably as possible. Family law disputes are dealt with in the civil court system, which allows two people to settle their differences in front of a judge. Family law cases will deal with domestic matters and are usually between spouses and parents, whether this is solving problems between them or concerning issues with their children. Read on to find out more about the common issues that can arise in family law cases and how they are dealt with in court. Divorce When a husband or wife wants to end their marriage, sometimes it is not a straightforward and easy situation to deal with. Common problems include resentment and arguments over what happens to property and belongings that are shared after the separation, as well as any alimony or spousal support that is due. In court, a judge will be able to consider all of the evidence and decide what each person should receive and the fair division of martial assets, as well as granting a divorce or annulment. Child Support Cases concerning child support are taken…
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