Child custody cases are complicated, even for experienced family law attorneys. There are things that clients can do to ruin their own cases. At times, it seems as though some parents are their own worst enemies. Kevin Hickey recently published the following article which uses humor to try to help people avoid sabotaging their own custody cases: Pardon the… Continue Reading
Category Archives: Child Custody
Subscribe to Child Custody RSS FeedIs “Nesting” After Divorce a Good Idea?
Posted in Child Custody, Children, Dispute Resolution, Psychological Issues, Relationships, VisitationThe New York Times recently published an article on their parenting blog discussing the idea of “nesting” after a divorce and asked whether their readers thought it was a good idea. The topic provoked a heated response from many, with readers divided on the subject. It’s clear that the idea has received increased attention in recent… Continue Reading
Items to Consider in Parenting Plans and Visitation Agreements
Posted in Child Custody, Children, Communication, Dispute Resolution, Relationships, VisitationChildren typically aren’t the ones who ask their parents to divorce, but they are often the ones that are affected the most by divorce. They want (and deserve) the ability to love and spend time with both of their parents. Parenting plans (sometimes called visitation agreements) can help provide that opportunity and ensure that access… Continue Reading
Tips For How To Handle A Custody Evaluation
Posted in Child Custody, Children, Guardian ad Litem, Psychological Issues, Relationships, Research & Investigation, VisitationLast week we discussed what happens when a custody evaluation is ordered in a Family Court case. In contested cases where parents cannot agree about custody and/or visitation issues, judges may require that a psychologist sit down with everyone involved and determine what arrangement would serve the child’s best interest. The following tips can help… Continue Reading
List of Items to Consider for Parents Who Are Separating or Divorcing
Posted in Child Custody, Children, Communication, Dispute Resolution, Divorce, Relationships, Separation, VisitationResponsible parents realize that nothing is more important than the well-being of their children, and they keep that in mind even when they separate or divorce. In a perfect world, parents would put aside their differences and squabbles and act civilly and responsibly around their children and towards one another. Unfortunately, all too many times that… Continue Reading
What’s the Difference Between a Custody Evaluator and a Guardian Ad Litem?
Posted in Child Custody, Children, Guardian ad Litem, Psychological Issues, Research & InvestigationIn South Carolina, when a Family Court Judges want to assess the best interests of children in a divorce, they often appoint a Guardian ad Litem (GAL). When there are more serious issues of psychological condition and the well being of a child is in doubt, a custody evaluator may be brought into the case…. Continue Reading
Tips to Help Prepare for a Child Custody Case
Posted in Child Custody, Research & InvestigationChild custody cases are complicated under the best of circumstances. The more you can do to improve your chances of a successful outcome, the better. Remember, there’s no “reset” switch on a child custody investigation, so it’s vital that you know what to do before the process begins. The following tips can help put you in the… Continue Reading
Mother Loses Custody of Children Thanks to Facebook Message
Posted in Child Custody, Children, Practice Tips, Psychological Issues, TechnologyA woman from New York has lost custody of her children and been barred from discussing them on social media sites after a series of inflammatory Facebook messages got her in serious trouble. The woman, identified only as “Melody M.,” admitted to a lower court judge in St. Lawrence County Family Court that she used… Continue Reading
U.S. Supreme Court Will Hear South Carolina’s “Baby Veronica” Case
Posted in Child Custody, Children, PaternityThe United States Supreme Court recently revealed that it would hear a hotly contested child custody case out of South Carolina this April. The case, Adoptive Couple v. Baby Girl (commonly referred to as the “Baby Veronica” case), deals with a 2012 South Carolina Supreme Court opinion that wrestled with the parental rights of a toddler… Continue Reading
What the New Proposed Parenting Plan Means for Parents in Custody and Visitation Cases
Posted in Child Custody, Guardian ad Litem, Procedure, VisitationAs we have written before, the law in South Carolina changed in 2012 to introduce several new concepts into how child custody cases are handled in Family Court. One such new requirement is the new Proposed Parenting Plan, which is described in SC Code § 63-15-220 (A)-(C). At all temporary hearings where custody is contested, both parents must… Continue Reading
Parents Relocating With Kids After Divorce in South Carolina
Posted in Child Custody, Children, VisitationOne of the difficult moments after any divorce occurs when one parent decides, for whatever reason, that they need to relocate. When children are involved, moving to a new city or state is no easy task, especially if the other parent intends to stay behind. Even in the best cases, where exes communicate and co-parent… Continue Reading
Important Considerations for Parents in Child Custody Relocation Cases
Posted in Child Custody, Children, Guardian ad Litem, Procedure, VisitationOne of the most common questions I am faced with in both my litigation cases and my private Guardian ad Litem work is, “When is it okay for me to relocate and not endanger my custody arrangements or rights?” Relocation cases can be, and arguably should be, tricky. They can be tricky simply because the law leaves for a great… Continue Reading
Divorce, Parenting and Religion
Posted in Child Custody, Children, Communication, Dispute ResolutionDivorce is a sure way to put your relationship (and your conflicting parenting styles) under the microscope. Differences in style, temperaments and even values surface quickly in situations where newly divorced couples are forced to co-parent. One of the trickiest issues to deal with in such cases occurs when there are problems involving religious preferences and… Continue Reading
U.S. Supreme Court Gives Hope to Parents Embroiled in International Custody Dispute
Posted in Child Custody, Jurisdiction, ProcedureA heart-breaking custody case out of Florida was recently decided by the United States Supreme Court that gave hope to a father fighting to get his daughter back. The case, involving a former member of the U.S. Army and his wife who left him and moved to Scotland with their young daughter more than a year… Continue Reading
Tax Tips For Those Facing A South Carolina Divorce
Posted in Alimony, Child Custody, Child Support, Financial Issues, Tax IssuesAs tax season rapidly approaches, those going through a divorce (or those thinking about doing so) may have some questions about how a split can affect your taxes. The first, and most commonly asked question is how does a divorce affect your filing status? This is thankfully an easy answer. Your filing status is determined… Continue Reading
Joint Custody… And Blogging All The Way
Posted in Child Custody, Children, Communication, RelationshipsWhen two parents divorce, the first question that is usually asked in the attorney’s office is, “Who gets the kids?” Generally, both parents are not facing accusations of being “unfit” and unless one parent has a strong preference for sole custody, most couples try to work towards a joint custody arrangement. Joint custody usually is… Continue Reading
How to Effectively Co-Parent with Your Ex
Posted in Child Custody, Children, Communication, Dispute Resolution, Relationships, VisitationAs our regular readers know, our law office is located in Spartanburg, SC. However, we maintain working relationships with family law attorneys all across the country. Occasionally, we will publish guest posts on our blog from some of them, such as the following from Texas family law attorney Scott Morgan: When you have children, divorce is… Continue Reading
Legitimation of Children in South Carolina
Posted in Child Custody, Child Support, Children, Paternity, VisitationHere in South Carolina, child custody and visitation disputes can become complicated if the children at issue were born out of wedlock. There are several different avenues for establishing parentage in the state. The most traditional option occurs if the parents of a child get married then the paternity of the father is established automatically. If… Continue Reading
What To Do If You’re Considering Remarriage in South Carolina
Posted in Alimony, Child Custody, Financial Issues, Marriage, Relationships, VisitationMany South Carolinians come out of a divorce and vow to never be married again. The process was emotionally and financially draining and often leaves people broken-hearted or generally exhausted. Though this feeling can last a while, many eventually grow out of their concerns and may decide to make another go of it. If that’s… Continue Reading
What Are “The Best Interests of the Child” Anyway?
Posted in Child Custody, Children, Trial of CasesOne of the most frequently used phrases in family law is “the best interests of the child.” Because of that, one of the most common questions I hear from clients is “what exactly does that mean?” Black’s Law Dictionary defines Best Interests of the Child as: “A standard by which a court determines what arrangements… Continue Reading
How to Ease Tension During the Holiday Season
Posted in Child Custody, Children, Communication, Dispute Resolution, Divorce, Relationships, Separation, VisitationWith Thanksgiving just behind us and the rest of the holiday season soon to follow, this time of year can be very stressful for all families. For divorced and divorcing parents, the stress of the holidays can become overwhelming when combined with the new sensation of separate holiday celebrations. Thankfully there are ways to ease… Continue Reading
Required Reading Straight from the Bench for Parents in Child Custody Cases
Posted in Child Custody, Children, Communication, Educational Resources, Relationships, VisitationRecently a Canadian judge issued a novel Order to two parents involved in a contested custody battle for their 11-year old twins. He assigned the parents with the obligation to each read three books about parenting in a divorce situation before they return to the Court later this year. Not only are they required to… Continue Reading
Disabilities and Discrimination in Child Custody Hearings
Posted in Child Custody, Children, D.S.S. Issues, Medical IssuesFor many parents in South Carolina, obtaining child custody can feel like an uphill battle. For example, men often feel like they have to fight harder to get equal time with their children than their former wives do. As much as we all would like to believe that discrimination does not exist in family law,… Continue Reading
South Carolina Law Requires Submission of Parenting Plans
Posted in Child Custody, Practice Tips, Procedure, VisitationOver the summer, South Carolina implemented a new child custody law: H 4614, which was signed by Governor Haley on June 18, 2012. While the new law does quite a few things, one of the biggest changes involves the creation of a new requirement for the submission of parenting plans. The goal of the law… Continue Reading