Co-parenting can be challenging any time of the year, but the holiday season often poses its own unique challenges. After all, the holidays hold special emotional significance, and both you and your former spouse would like to maintain your holiday traditions with your children and family. Unfortunately, this isn’t always possible after a divorce, which …
How to Address Holiday Travel When You Share Custody of Your Children
Co-parenting during the holidays can be challenging at best, but what happens if one of you wants to travel with your kids over the holiday? Can you travel with your children without your co-parent’s permission? What happens if your co-parent wants to take your children out of state or out of the country for the …
What Can be Used Against You in a Custody Battle? Legal Insights for a Strong Case
According to reports by the National Center on Substance Abuse and Child Welfare, nearly 1 in 8 children in the United States live in a household where one parent has a substance abuse disorder. For parents who are divorcing and trying to gain custody, substance abuse, along with many other issues, can complicate the divorce …
Child Custody Challenges When a Child Has Special Needs: A Focus on Down Syndrome
October marks Down Syndrome Awareness Month, and if you are the parent of a child with Down Syndrome, you already know the unique joys and challenges of your role. However, navigating a divorce and negotiating custody on top of this can make your life even more complicated. Custody cases are seldom simple, but when a …
Child Custody and Visitation in South Carolina: How to Protect Your Rights as a Parent
Child custody is often one of the most emotionally challenging issues for any divorcing couple with minor children. As a parent, it will be crucial to understand your rights and also how the court system makes child custody decisions. In this way, you can create a custody arrangement that is mutually beneficial to both you …
What Can be Used Against You in a Custody Battle?: Legal Insights for a Strong Case
According to reports by the National Center on Substance Abuse and Child Welfare, nearly 1 in 8 children in the United States live in a household where one parent has a substance abuse disorder. For parents who are divorcing and trying to gain custody, substance abuse, along with many other issues, can complicate the divorce …
What Do Judges Look for When Making Decisions in Child Custody Cases in Florida?
Child custody is typically one of the most challenging aspects of any divorce. While issues like marital property division and spousal support can lead to heated exchanges, custody matters are considered by the court with the utmost importance. Courts are heavily invested in child custody decisions, ensuring they are in the “best interests of the …
Father’s Day Has New Meaning for Many Unmarried Dads in Florida
No matter how forward-thinking we’ve become as a society, sometimes the law is slow to catch up. For instance, in Florida, when an unmarried couple parted company after having a child, the courts historically declared the mother the natural guardian. If the father wanted to play a part in the child’s upbringing, he had to …
Unlocking the Mysteries of Florida Divorce: An Introduction to Dissolution of Marriage Issues in Florida
Learning about a Dissolution of Marriage can be overwhelming. Not only does a person have to deal with the feelings of uncertainty about finances and their future, they’re also trying to understand what to ask the Court to do for them and how to prove their case. Anyone filing for divorce in Florida should consult …
Evidence of Detriment to the Minor Child
As of July 1, 2023, the passage of SB 130 also known as “Greyson’s Law” created in new statutory language and 61.13(2) that expands upon what the court shall consider when determining whether shared or sole responsibility would be detrimental to a minor child. The bill also expanded the 13th factor to include letter “m,” …
How to Co-Parent your Special Needs Child
According to the 2019 U.S. Census, approximately 2.6 million U.S. households have at least one child with a disability. Divorce and co-parenting children is difficult enough, but the process becomes even more complicated when your child has special emotional or medical needs. Due to the additional care requirements, special needs children require a more thorough …
Disabled Parents and their Custody Rights
Child custody disputes are a complex process. If you are a disabled parent, or on SSDI, SSI, or VA Benefits, you might feel as if you are at a disadvantage in receiving a fair outcome in a custody trial. It can seem like no one believes you are capable of caring for your children. A …
Child Support Laws for an Adult Child with Disabilities
There is an expectation and duty for a parent to support their child and to make decisions on their behalf until they reach adulthood . Yet, these responsibilities can extend much longer when the child has special needs. Caring for and raising a special needs child will be a different experience and may require you …
Receiving Custody of a Special Needs Child in Virginia
Child custody cases involving special needs children tend to be more complex and involve more elements than other custody cases. Your special needs child may not fully understand what is happening or require special accommodations, potentially resulting in you seeking a more flexible order from the court. Physical and legal custody of a special needs …
Arranging Custody Schedules for Special Needs Children
Approximately 17% of children, or one in six, have one or more developmental disabilities such as ADHD or autism spectrum disorder (ASD). The challenges of raising an autistic child or a child with other special needs can become greater during a divorce. Devising a strong custody arrangement and parenting plan is essential to protect the …
North Carolina Emergency Child Custody
In Charlotte, a parent, or other interested party, is allowed to petition the court for an emergency child custody order or ex-parte order. In situations where you believe an emergency exists, there are specific elements that must be met. If a child’s health or safety is at risk in their current environment, or if there …
Does My Child Custody Case Have To Go To Court?
In 2018, there were 3,899 divorces in Mecklenburg County (which includes Charlotte, North Carolina). The year 2018 saw an increase in the number of divorces from 2017, which had 3,256 divorces. These numbers indicate that North Carolina ranks at number 19 for states in which divorces occur. According to recent surveys, divorces that involve children …
How Out of State Visitation and Child Custody Works
Securing primary custody of your child after a divorce is a great victory, but there are often conditions you must abide by from a court order to maintain that custody. Most are obvious, like no domestic violence, but there are some unexpected obstacles you may not see coming. For example, moving out of state can …