Picking good witnesses for custody cases

July 29, 2022

Some custody cases can be tried with the parents being the primary witnesses.  But when there are substantial disputes about who the children are more

Collect evidence before filing for contempt

July 28, 2022

Earlier in my career I lost a sizable number of contempt petitions I prosecuted because my client lacked the evidence to substantiate his or her

The pitfalls of mandatory pre-litigation mediation provisions

May 17, 2022

I increasingly see provisions in custody or support agreements that require mandatory mediation before either party can file a mediation case. Sometimes these agreements are

The vital distinction between dismissal with prejudice and dismissal without prejudice

April 2, 2022

In family court there is a vital distinction between dismissal with prejudice and dismissal without prejudice. “A dismissal of a case without prejudice means that

Parents who allow unfit co-parents to provide unsupervised care for their child(ren) are also unfit

February 14, 2022

But for the human capacity for self delusions, I would find the ability of parents to claim their co-parent was unfit while they allowed that

It pays to be nice (especially in a custody case)

January 29, 2022

Early in my career, the standard procedure in contested custody cases was to throw as much mud at the other side as you could and

Notice provisions in custody agreements

December 1, 2021

Not enough care is given to drafting notice provisions in custody orders. There is an inherent tension between the needs/goals of the non-custodial parent and

Subsequently discovered property provisions in equitable distribution agreements

June 3, 2021

A provision I occasionally see in equitable distribution agreements addresses subsequently discovered property. These provisions state that if one spouse discovers the other spouse failed