Archive for the ‘Child Custody’ Category

How fathers who gain custody can keep custody

For reasons having nothing to do with sexism, more mothers than fathers have custody of their children. Often when fathers get custody they have never had the role of equal or primary caretaker of their children. If they gained custody because the mother was unfit (and remains unfit) there is little risk of mother getting […]

Building better restraining orders

A few weeks ago I blogged about what I considered ill-conceived child custody restraining orders. These restraints criminalized behavior that, while not ideal, are hardly incarceration worthy (e.g., no vulgarity around the children), criminalized behavior that is completely proper (one could not bring one’s boyfriend/girlfriend to a family reunion even if one slept in separate […]

South Carolina child custody restraining orders I really hate

By the same process that causes attorneys’ boilerplate to grow over time–they borrow “good” ideas from other attorneys but never weed out redundant or obsolete clauses–the list of restraining orders that family court judges impose on parents continues to grow. Since many local family court judges treat violations of these restraining orders as criminal contempt–and […]

Best methods for equalizing physical custody

There are some custody cases that will only settle if both parties get equal time with the child(ren). Thus a sizable subset of custody cases settle with both parties getting at least 180 overnights a year. There are numerous ways one could theoretically create such a custody schedule but many of them are, frankly, stupid. […]

What do we mean by custody?

Parents come to my office wanting to litigate custody. Often they are not sure what it means but they know they want it. Terms like “sole custody,” “shared custody,” “joint custody,” and “primary custody” get mentioned and folks want to know what these terms mean. I really can’t answer. One reason I can’t answer is […]

Was there wisdom in the “tender years” doctrine

There is no doubt that the “tender years” doctrine–which favored granting mothers custody of young children–would not pass constitutional muster in the 21st century. Such gender based classifications cannot survive strict scrutiny as there is no “compelling governmental interest” that favors mothers over fathers in determinations of infant custody and, even if there were, a […]

Getting bossy with custody clients

I have a saying that custody cases are the rare litigation in which it is acceptable for an attorney to change the facts.  While the parties’ parenting skills at the beginning of the case are relevant, their parenting skills at the end of the case can be even more relevant.  Guiding a client to change […]

The best time to defeat a relocation case is before it’s filed

In my 20+ years of family law practice, I’ve yet to see a relocation case in which the requested relocation was solely for the child’s benefit and at the inconvenience of the custodial parent. I’m not sure how a family court judge would react to a non-custodial parent who opposed a relocation that was based […]

 

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