Terminated..But Seeking Relief: How to Calculate Front Pay
Posted May 31st, 2016.
Categories: Employment Law, The Calculating Lawyer.
Front pay is compensation for future wage loss that results from present employment-related circumstances. In most scenarios, it serves as a form of future wage-based restitution for victims of job discrimination. However, front pay is only available where reinstatement is not possible or appropriate. Thus, if a job has been filled or no longer exists, […]
Read MoreDon’t be ambushed! Prevent surprise attacks with documents or witnesses you’ve never seen before
Posted May 31st, 2016.
Categories: Custody Tips, Family Law.
In the world of television, just as the trial is drawing to an end, the back door of the courtroom opens and in walks the surprise witness — the person who will save the day by giving testimony that nobody expected. That, of course, is TV Land. In the real world, such surprises are generally […]
Read MoreDon’t forget to ask for a “stay” if things don’t turn out right
Posted May 30th, 2016.
Categories: Custody Tips, Family Law.
Let’s say that you have a bad day in court. The judge simply doesn’t see things your way. At the end of the proceeding, the judge has taken away some of your time with the children and — in your opinion — made a decision that is contrary to the children’s best interests. One thing […]
Read MoreOrder transcripts from other proceedings to impeach the reputation of your opponent
Posted May 27th, 2016.
Categories: Custody Tips, Family Law.
Fast forward to your custody trial. Your ex-husband (or ex-wife) is sitting on the witness stand. He testifies that he can provide the calmest, safest, most wholesome and most nurturing environment for the children. Now it’s time for cross-examination. You approach the witness and you have in your hands the transcript of his domestic violence […]
Read MoreGet to know your judge….before your hearing begins!
Posted May 26th, 2016.
Categories: Custody Tips, Family Law.
By Gregory Keresztury, Esq. Guest Blogger One of the easiest ways to score early points with a judge, and to show the judge that you’re serious about your position, is to learn his or her preferred procedures prior to a hearing. In addition to learning a judge’s courtroom procedure, it is important to learn about […]
Read MoreUse “comp time” to make up for missed visitation and parenting time
Posted May 25th, 2016.
Categories: Custody Tips, Family Law.
You’ve heard of “comp time” at work, but there’s also comp time in your child custody case. Comp time refers to compensatory time, or make-up time, with the children. You are entitled to comp time with the children if you’ve been denied time by the other parent. For example, let’s say that you’re the non-custodial […]
Read MoreFour ways to avoid a charge of custodial interference
Posted May 24th, 2016.
Categories: Custody Tips, Family Law.
When a parent’s violation of a custody order is deliberate and willful, it may, in appropriate circumstances, warrant criminal charges under the crime of “custodial interference.” But there are a number of defenses to this crime, as discussed below. [See yesterday’s blog to learn more about the crime of “custodial interference”] First, a parent charged […]
Read MoreSome custody violations are a criminal offense
Posted May 23rd, 2016.
Categories: Criminal Defense, Custody Tips, Family Law.
Parents often file petitions and motions in court charging each other with disobeying the court’s custody and visitation orders. Usually, these petitions take the form of a civil contempt petition. In such contempt petitions, one parent is charging the other one with violating the custody plan, and is seeking a court order imposing sanctions on […]
Read MoreTwo things to include in any court order involving foreign parents
Posted May 20th, 2016.
Categories: Custody Tips, Family Law.
A surprising number of child custody cases these days involve at least one parent who comes from another country. The foreign-born parent often wishes to return to her country when the parties split up. Or she may want to make regular visits to her country with the children to visit the children’s grandparents, aunts and […]
Read MoreHelp! My child’s father is a psycho-case! I don’t trust him, and everything he says or does is “extreme.”
Posted May 19th, 2016.
Categories: Custody Tips, Family Law.
The recent publicity about Amy Chau’s book on Tiger Parenting has renewed the discussion about how to handle obsessive parents, including those with psychopathic and compulsive personality traits. This includes the father who requires his son to join every sport at school, who insists that parenting time schedules must be strategically built around games and […]
Read MoreDon’t let your kids write to the judge
Posted May 18th, 2016.
Categories: Custody Tips, Family Law.
Some parents think they can gain an edge in a child custody case by having their children write to the judge. Worse yet, they help the children put their words on paper, effectively ghostwriting private notes to the judge. This is wrong on many levels. First, most judges disapprove of children getting in the middle […]
Read MoreKnow the difference between factual testimony and opinion testimony
Posted May 17th, 2016.
Categories: Custody Tips, Family Law.
As a general rule, witnesses can only testify to facts of which they have personal knowledge. They cannot give their personal opinions. Only a qualified expert witness can testify as to an opinion. Thus, an attorney could question a non-expert witness as to what he observed your ex-spouse doing around the children on a particular […]
Read MoreChoose the right doctor for your child
Posted May 16th, 2016.
Categories: Custody Tips, Family Law.
Who is the best doctor for your child? Is it the well-known pediatrician in your neighborhood? Is it the family doctor recommended by your friends and colleagues? Is it the physician with the best credentials listed in the local medical society or medical directory? Choosing the “right” doctor for your child is a personal decision. […]
Read MoreDon’t forget the art of the sting: Broken promises, false declarations under oath, and plans that never materialize.
Posted May 12th, 2016.
Categories: Custody Tips, Family Law.
Time and time again, a parent stands in family court and tells the judge something that is not likely to be true, or to come true. For example, a father exercising his visitation rights files a petition for increased parenting time during the day, claiming that his employer now requires him to work more night […]
Read MoreIf a social worker entered your home right now and began looking around, what would she see? What would she say?
Posted May 11th, 2016.
Categories: Custody Tips, Family Law.
Are you ready for the white-glove inspection? If a social worker arrived at your front door right now, toting a clipboard and an inspection sheet, what would she see? What would she write down as her observations? Here are seven things to think about: CHILDREN’S TOYS: Are the age-appropriate? Are they in good repair? Does […]
Read MoreOrder the Medical Records if You’re Being Blocked Out
Posted May 10th, 2016.
Categories: Custody Tips, Family Law.
One of the common complaints by parents involved in child custody disputes is the failure to communicate about health issues affecting the children. Often, one parent will call her lawyers complaining that the other parent took their son to the emergency room of a local hospital — without even notifying her, until after the fact. […]
Read MoreKeep Track of Contradictory Requests Made By Your Opponent.
Posted May 9th, 2016.
Categories: Custody Tips, Family Law.
It is sometimes alarming to learn that a parent asking for custody of a child originally wanted nothing to do with the child. Indeed, parents sometimes make ill-advised requests from the court that indicate their disinterest in child custody, and then later turn around and make a pitch for full custody. If you’re the responding […]
Read MoreHandle emergencies collaboratively. Tell the other parent when you’re at the hospital with your child!
Posted May 8th, 2016.
Categories: Custody Tips, Family Law.
By Shaun Armstrong Guest Blogger Worse case scenario: Your daughter is rushed to the hospital following a serious accident or a deteriorating illness. Doctors say she will need surgery. Medical emergencies like these can be stressful for any family, but they are particularly stressful in a family with shared custody. It is important that the […]
Read MoreDo not file custody and support motions at the same time
Posted May 7th, 2016.
Categories: Custody Tips, Family Law.
Do not file a child custody petition and a child support petition at the same time. If you live in a state where custody and support motions can be combined in one document, then resist the urge to ask for them simultaneously. Even if you need to apply for a custody order and a child […]
Read MoreDoes a change in health warrant a change in custody?
Posted May 6th, 2016.
Categories: Custody Tips, Family Law.
Changes in the physical or mental health of one of the parents, or of the children, can require a change in custody or visitation rights….but not every kind of health situation will lead to a modification of the current custody order. The ultimate test remains the “best interest of the child.” Therefore, if the new […]
Read More4 ways to be a mother and 6 ways to be a father
Posted May 5th, 2016.
Categories: Custody Tips, Family Law.
Who is entitled to custody of a child? Of course, the easy answer is that the child’s mother and the child’s father are the two key contenders for the role. But how is the parent-child relationship “legally established” ? You might be interested to know that there are actually four ways to be a mother […]
Read MoreThree Symptoms of “Parental Alienation” and How to Fight Them
Posted May 4th, 2016.
Categories: Custody Tips, Family Law.
If your child has started to exhibit anger or contempt for you, he or she may have been subjected to alienation tactics by the other parent. This is what is sometimes known as Parental Alienation Syndrome or PAS for short. In a parental alienation case, one parent targets the other parent and involves the child […]
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