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.
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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.
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.
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.
One of the most useful techniques is to review spending habits of a self-employed spouse over an extended period of time. For instance, a couple can have an idea that their relationship is heading towards a divorce for a period of time. This can give a party an opportunity to prepare for that possibility. If a spouse is observed with increased suspicious activity such as moving monies from business accounts, making large purchases and increasing their spending on miscellaneous items it can be a signal that a party is attempting to create the appearance of decreased income or simply hiding assets.