Dealing with “bad apples”….Evidence of neglect, abuse, criminal convictions and subtance abuse can prove your opponent’s unfitness.
Posted August 31st, 2016.
Categories: Custody Tips, Family Law.
Most courts endeavor to grant joint custody — at least in most cases. The prevailing wisdom has been that children deserve to have relationships with both parents, and they will benefit emotionally, psychologically, socially and intellectually from having two parents in their lives. Some cases, however, involve a “bad apple” — a parent who does […]
Read MoreSpecify the child’s school in the custody agreement or court order
Posted August 30th, 2016.
Categories: Custody Tips, Family Law.
To improve your claim to primary custody, be sure to specify the name of your child’s school in any custody agreement or mediation settlement you sign. If the court will be entering a custody order, ask the judge to identify the specific school the child will be attending as part of the order. This additional […]
Read MoreTen questions to ask to save yourself money in a custody fight
Posted August 29th, 2016.
Categories: Custody Tips, Family Law.
Before you retain an attorney to wage a custody fight, you should ask a series of questions that will help you manage your costs. Contested child custody cases have the potential to be the most expensive kinds of family law cases, and often attorneys are not very clear about the potential fees and costs. Here […]
Read MoreTop 10 Automobile-Related Signs That Your Spouse is Cheating
Posted August 27th, 2016.
Categories: Divorce, Family Law.
1. NEEDING GAS MORE OFTEN. The primary driver of the vehicle seems to be pumping gas much more often than usual because he or she is running out of gas (or consuming gas) much faster. 2. ODOMETER HAS JUMPED FORWARD. The amount of mileage on the car has suddenly increased significantly in a short period […]
Read MorePrepare to Prove Your Stability
Posted August 27th, 2016.
Categories: Custody Tips, Family Law.
Judges in Family Court prefer parents who demonstrate a history of stability — not just in their thinking and speaking, but in their actions over time. As such, you can improve your position in a child custody case by preparing to prove your stability. (Conversely, you may score points by proving the other parent’s instability). […]
Read MoreTop 10 “Physical Evidence” That Your Spouse is Cheating
Posted August 26th, 2016.
Categories: Divorce, Family Law.
1. CREDIT CARD RECEIPTS. Perhaps the most notorious evidence are credit card statements and receipts revealing dinners, taxis, travel, flowers, gifts, or purchases that did not involve the other spouse. 2. BANK STATEMENTS. Monthly statements from banks provide detailed accounting of purchases on bank-issued debit and credit cards. Unusual withdrawals or changes in bank balances […]
Read MoreAvoid unsupervised gaps in child’s schedule
Posted August 26th, 2016.
Categories: Custody Tips, Family Law.
One of the loose ends that often explodes into a controversial issue in Family Court is when a young child is being left alone for a period of time because of his parents’ work schedule or other obligations. Consider, for example, the case in which the children are delivered home by the school bus at […]
Read MoreTop 10 Cell Phone Signs of a Cheating Spouse
Posted August 25th, 2016.
Categories: Divorce, Family Law.
1. SECRET CELL PHONE PURCHASE. When your spouse buys a new cell phone unnecessarily or without telling you about it. 2. SUDDENLY HIGHLY POSSESSIVE. When your spouse becomes suddenly highly possessive of his or her phone and won’t let anybody else use it, touch it, hold it or answer it. When they seem very much […]
Read MoreSeven Ways to Snag a Deadbeat Parent Who Won’t Pay Support for a Child
Posted August 25th, 2016.
Categories: Child Custody, Divorce, Family Law.
When a deadbeat dad or a deadbeat mom refuses to pay child support, it’s typical for the other parent to file a motion in court asking the judge to enforce the support order. Sometimes it works; sometimes it doesn’t work. But there are actually at least 7 different get-tough maneuvers available to parents who are […]
Read MoreDon’t become the “fun parent”
Posted August 25th, 2016.
Categories: Custody Tips, Family Law.
When parents split up, the primary custodial parent usually assumes the role of disciplinarian, schedule manager, and chief enforcer. In many cases, children look to the custodial parent (often their mother) for structure, rules, and deadlines. The non-custodial parent (often the father) becomes the counterpart: the easy-going, carefree, “fun parent” with no boundaries. When kids […]
Read MoreTop 10 “Sexual Signs” That Your Spouse May Be Cheating
Posted August 24th, 2016.
Categories: Divorce, Family Law.
1. SEX NOT NECESSARY. When your spouse seems ambivalent about rejection. In the past, he may have insisted on sex, but now he’s less interested or quick to cave in when you’re not in the mood. 2. NO LONGER IN THE MOOD. When your spouse begins to continuously lack interest in sex, and has poor […]
Read MoreFour ways to use counseling as a tactical procedural device.
Posted August 24th, 2016.
Categories: Custody Tips, Family Law.
The judge has ordered the parents to submit to counseling before he makes a final custody decision. Now what? You could simply wait for a counselor to be selected and attend a counseling session once you receive notice to do so. Or you could take control of the four big issues from the outset. Issue […]
Read MoreTop 10 “Behavioral Signs That Your Spouse May be Cheating
Posted August 23rd, 2016.
Categories: Divorce, Family Law.
1. ENCOURAGING YOU TO TAKE TRIPS. When your spouse actively or openly accepts your desire to take trips without him, or seems to encourage you to travel alone or with others in order to leave him alone, or in an empty house. 2. EASILY PRONE TO ARGUMENTS. When your spouse starts arguing over seemingly innocuous […]
Read MoreA Negotiating Tool for Your Divorce Case: The Debt-to-Asset Ratio
Posted August 23rd, 2016.
Categories: Divorce, Family Law, The Calculating Lawyer.
In considering a spouse’s entitlement to support or an award of counsel fees, courts generally examine a number of factors, such as the richer spouse’s ability to pay, the dependent spouse’s financial need, the parties’ access to other financial resources and liquid assets, and whether they each exercised good faith or bad faith in the […]
Read MoreDon’t badmouth the other parent when you meet with the custody evaluator.
Posted August 23rd, 2016.
Categories: Custody Tips, Family Law.
In our zeal to win our child custody cases, we sometimes find it difficult to resist the urge to badmouth the other side. But be forewarned: It is a bad idea to defame your ex-husband or your ex-wife when you meet with the custody evaluator, the neutral psychologist or the guardian ad litem appointed by […]
Read MoreTop 10 “Electronic” Signs That Your Spouse May Be Cheating
Posted August 22nd, 2016.
Categories: Divorce, Family Law.
1. EXCESSIVE USE OF THE INTERNET. When your spouse begins using the computer later and later into the night, particular after you go to bed. 2. PASSWORD PROTECTIONS. When open access computers and laptops are suddenly password protected by your spouse. 3. QUICK SHUT-DOWNS. When you observe computer screens minimized or shut down swiftly whenever […]
Read MoreIntroducing…Sextortion!
Posted August 22nd, 2016.
Categories: Criminal Defense, Domestic Violence, Family Law.
Not only is New Jersey expanding its statutes to outlaw coercive criminal misconduct, federal legislators are also apparently looking into it. The Interstate Sextortion Prevention Act has been introduced by a Congresswoman from Massachusetts to punish the “interstate coercion of sexual acts, sexual contact or sexually explicit visual depictions and for other purposes.” Under the […]
Read MoreFive other things to do before a home inspection
Posted August 22nd, 2016.
Categories: Custody Tips, Family Law.
If the court orders a home inspection as part of a child custody case, it goes without saying that you should tidy up your home and remove any dangerous conditions. Here are some “advanced” techniques for preparing for a home inspection that might help you gain an edge in your custody case. Obtain a copy […]
Read MoreAnother Tool to Capture Child Abductors
Posted August 21st, 2016.
Categories: Criminal Defense, Family Law.
Criminal prosecutors, as well as family lawyers on the civil side, use a variety of legal strategies to locate missing and abducted children and to bring them home to their legal parents. Now, the Internal Revenue Service is using tax returns to ferret out information that might provide useful clues in ongoing investigations. A new […]
Read MoreWhat is a Psychological Parent?
Posted August 20th, 2016.
Categories: Child Custody, Family Law.
Is it possible for an adult who has no biological connection to a child to be granted custody? The answer is yes – if the adult is deemed a “psychological parent” of the child. A psychological parent can come into a child’s life in many ways, such as, for example, when a biological mother gives […]
Read MoreWhen in need, you can invoke the Court’s P-P Power
Posted August 20th, 2016.
Categories: Custody Tips, Family Law.
When Barbara was 15 years old, she had a child out of wedlock. The State of New York terminated Barbara’s parental rights, and put the child up for adoption. Unfortunately, four years later, the child was still in New York’s foster care system, a ward of the state, and had not been adopted by anybody. […]
Read MoreDon’t switch lawyers too hastily
Posted August 19th, 2016.
Categories: Custody Tips, Family Law.
Because child custody disputes are among the most contentious and emotional forms of litigation, parents often become dissatisfied with their lawyers and they switch counsel. Sometimes this is necessary, but often it is is not. The most common reasons for dissatisfaction with lawyers are (a) failure to return phone calls or to otherwise keep the […]
Read MoreDon’t allow your children to write to the judge.
Posted August 18th, 2016.
Categories: Custody Tips, Family Law.
Sometimes parents think they can improve their chances in a child custody case by having their children write letters to the judge. Not a good idea. First, whenever a judge receives correspondence from one of the parties, he’s required to share the document with all of the parties in the case. Many judges will simply […]
Read MoreBuild relationship between children and your new partner
Posted August 17th, 2016.
Categories: Custody Tips, Family Law.
It goes without saying, but you should make every effort to develop a solid relationship between your children and your new spouse or “significant other.” Surprisingly, many child custody cases continue to be built around the children’s difficulty in dealing with another adult figure in the house. Bad relationships between children and stepparents can contaminate […]
Read MoreUse Case Management Orders to your strategic advantage.
Posted August 16th, 2016.
Categories: Custody Tips, Family Law.
If you’re involved in a complex child custody case, or a protracted fight over visitation and parenting time rights, ask the court to enter a Case Management Order to supervise the progress of your case. A Case Management Order is an order that sets the deadlines for naming your witnesses, conducting pre-trial discovery, taking depositions, […]
Read MoreGet the other parent to admit all of their screw-ups
Posted August 15th, 2016.
Categories: Custody Tips, Family Law.
One of the most frequently ignored tactics used in pre-trial discovery is known as a “Request for Admissions.” This device is used to get the other side to admit to certain things, which you can use to your advantage in a child custody case. A Request for Admissions is a written list of statements which […]
Read MorePrevent custody orders from being easily modified or appealed
Posted August 13th, 2016.
Categories: Custody Tips, Family Law.
There really is no statute of limitations on a child custody case….as long as the child remains a child, that is. The question of custody and visitation rights remains subject to change until the child turns 18. Of course, this can be a major problem for the parent who is happy with the current custody […]
Read MoreRun a background check on other parent’s new partner
Posted August 12th, 2016.
Categories: Custody Tips, Family Law.
People love to discredit the new boyfriend or the new girlfriend of their ex-wives and ex-husbands. New partners can never understand what he’s like or what she’s like. And new partners are always accused of being incompatible with the children. Rather than simply pointing fingers and quietly defaming each other, it is often useful to […]
Read MoreHow to Cross-Examine the witnesses against you.
Posted August 11th, 2016.
Categories: Custody Tips, Family Law.
If you are representing yourself in Family Court, you may eventually be confronted by hostile or adverse witnesses who wish to testify against you. If the court permits the other parent to call his or her witnesses to testify, you will be given an opportunity to cross-examine those witnesses. Too often, that opportunity is squandered […]
Read MoreDon’t allow ping-pong visitation schedules
Posted August 10th, 2016.
Categories: Custody Tips, Family Law.
Kids don’t like to live out of suitcases. If your custody and visitation plan is so complicated that the children are constantly shuffling between their parent’s homes, they’ll soon resent both parents for subjecting them to the process. A visitation schedule that has children switching addresses like a ping-pong ball in constant movement ultimately does […]
Read MoreSplit custody or joint custody?
Posted August 9th, 2016.
Categories: Custody Tips, Family Law.
Parents involved in child custody disputes are often confused by the terms split custody and joint custody. Split custody refers to situations in which there are multiple children. In a split custody arrangement, one parent has legal and physical custody of one child, while the other parent has legal and physical custody of the other […]
Read MoreHow well have you thought out the sleeping arrangements?
Posted August 8th, 2016.
Categories: Custody Tips, Family Law.
If you’re a custodial parent, you’ve undoubtedly assigned a bedroom or bedrooms to your children. Still, you must remain vigilant about sleeping arrangements in your home. And you must always be thinking about your children’s ages and their needs for personal privacy. Older children should not be sleeping in the same bedroom, especially if they’re […]
Read MoreDon’t let the obstructionists chase you away!
Posted August 6th, 2016.
Categories: Custody Tips, Family Law.
There’s a lesson that can be learned from the case of B.D.C., a child in Georgia. In the 1980s, B.D.C.’s mother got custody of the child. Together, with her parents, they obstructed the father’s access to the child. When the father left messages on the answering machine, the child never got the messages. The grandparents […]
Read MoreExtreme religious practices can harm your chances for full custody
Posted August 5th, 2016.
Categories: Custody Tips, Family Law.
There’s nothing wrong with being a religious family, and in fact, spiritual devotion may improve your claim for custody of your children. However, if you or the other parent follows any extreme religious practices that my be dangerous to a child, your faith may stand in the way of your case for custody. Indeed, radical […]
Read MoreKnow your child’s religious preferences
Posted August 4th, 2016.
Categories: Custody Tips, Family Law.
Children have a constitutional right to the free exercise of religion, just like their parents. For this reason, parents should not automatically assume that a child’s religious preferences will mirror their own preferences. Especially with older children, parents should not assume that the children are simply following the faith they were born into. A Family […]
Read MoreDon’t meet your attorney at the courthouse. Meet him somewhere else — earlier!
Posted August 3rd, 2016.
Categories: Custody Tips, Family Law.
In the mad rush to Family Court hearings, attorneys and their clients frequently fail to make clear arrangements to prepare for court, before they get to the courthouse. Often, this won’t matter, particularly if the attorney is a seasoned pro, and if the nature of the hearing does not require any testimony from the client. […]
Read MoreA Bill for Those Who Kill: Termination of Parental Rights!
Posted August 2nd, 2016.
Categories: Family Law, Parental Rights.
On April 12, 2013, Darrin Plumlee of Folsom, New Jersey repeatedly stabbed to death his 30-year-old fiancé as their toddler daughter, Addison, slept in the next room. Plumlee was soon arrested, and he pleaded guilty to aggravated manslaughter in exchange for a 24-year prison sentence. But he refused to give up his parental rights to […]
Read MoreBe careful how much authority you give to your attorney.
Posted August 2nd, 2016.
Categories: Custody Tips, Family Law.
An attorney can only go so far. If you ask your lawyer to negotiate on your behalf in a child custody or visitation dispute, he or she can only make such offers as you authorize in advance. The general ethical rule among attorneys is that an attorney may not make an offer he has not […]
Read MoreIf your custody case is a tough one, try “co-mediation.”
Posted August 1st, 2016.
Categories: Custody Tips, Family Law.
Mediating custody disputes is a common practice around the country these days. But what about co-mediation? Co-mediation refers to the process of using two mediators at once. It is a controversial idea, but it seems to work in some of the tougher, more difficult child custody cases. In co-mediation, one of the mediators is usually […]
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