Posts Tagged ‘Child Custody’

Passports and child custody

I know family court judges who don’t have passports and am frankly shocked–until you experience foreign cultures its hard to truly understand that radically different approaches to parenting other than the current American middle-class norm might be effective (and might not be potentially abusive). The world is diverse and increasingly interconnected. Children who don’t get […]

Possibly correct but poorly reasoned custody and relocation decision from the Court of Appeals

The January 24, 2018 Court of Appeals opinion in Burgess v. Arnold is possibly correct but, in at least three important particulars, poorly reasoned. Burgess stems from Mother’s appeal of a family court order that gave the parties joint custody with her having primary custody over all issue except education. That order required that she […]

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 […]

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 […]

Does the De Facto Custodian statue limit or implicitly overrule Moore v. Moore?

Comments from attorneys and litigants who’ve made this argument are most welcome Moore v. Moore, 300 S.C. 75, 386 S.E.2d 456, 458 (1989) is the seminal South Carolina case on the factors the court should consider in determining whether to return a child to a parent after that child has lived with a non parent […]


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