Regardless of the context of the decision to move a child into a different school district, if the issue is reviewed the court will consider what is in the best interests of the child. Considerations such as the purpose for the move and the child’s ties to the current school are all valid factors before the court in this scenario.
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Today, two years after the onset of shutdowns due to the pandemic, virtual hearings are used in family law and divorce proceedings to decide everything from custody, final hearings for divorce, legitimation hearings, contempt hearings and mediation.
In cases where a potential defendant to a legal action is attempting to avoid service the law has remedies for this. Unfortunately, another party to a potential family law legal action may suspect that a lawsuit is forthcoming and attempt to avoid service. It is often the case that a spouse has the intuition that the other party is preparing for legal action. There can be a number of reasons why the opposing party may want to avoid being served.
A Motion to compel is a useful tool to force the opposing party to produce items such as bank statements, tax documents, answers to interrogatories, emails, text messages and a host of other documents that would assist in the preparation for your case. An experienced Divorce and Family law attorney can advise you as to the documents that you need to request from the opposing party and also help you properly respond to discovery requests.
There are several opportunities for parents of minor children to have conflict during litigation to determine child custody and child support. The actual physical exchange of the child from one parent to the other is no different. Whether in the form of a temporary visitation order or a final decree, at some point the court will lay out the rules in which parties are to exchange the child or children for the purpose of visitation.
The above-mentioned are just a few of the factors that the court will consider when determining whether it is in the child’s best interest to move out of state. The intent of the law is for the child to have a meaningful relationship with both parents. It is often the case that a parent moving out of state does not prevent the parental bond from continuing to grow, especially if both parents are cooperative.
Research shows that the divorce rate amongst couples age 50 and over is increasing. Several experts have attributed the reason for this to things such as Americans living longer and wanting more out of their relationships as they age and other typical causes of...
Two of the most common issues that need to be expeditiously resolved by the Court while a civil action is pending are matters related to temporary child support and or temporary alimony.
A recent article by Ann Buscho Ph.D. with Psychology Today took an in depth look at the best way to approach telling children that their parents are getting a separation or a divorce. While acknowledging that this conversation is difficult and can be painful, it is important that children hear this information from their parents first and not from another source.
In courtrooms across the country the common perception is that women have an advantage when it comes to obtaining a favorable outcome in child custody cases. The nature of the woman’s typical role in the child’s life, in most cases, means that they carry a larger percentage of the day-to-day responsibilities of raising and caring for the child. However, although statistics do show a higher percentage of mothers being awarded primary custody in contested cases, the classification of mother does not automatically mean the issue has already been decided before the parties appear in court.