April 25th, 2026
I regularly hear from potential clients who want to seek or modify custody when they are happy with the actual status quo on custodial time. These potential clients either do not have a custody order or are living under a custody order that grants them less time or control than they are actually exercising. They […]
Read MoreApril 24th, 2026
Continuing with the theme of my repeated violations of the Fourth Commandment of Irving Younger’s Ten Commandments of Cross Examination—“Don’t ask a question to which you do not know the answer”—is a question one should almost always ask on cross examination in a custody or visitation case. That question is, “do you have anything good to […]
Read MoreApril 9th, 2026
Most clients seeking to modify a prior visitation or custody final order want that order modified immediately. Most attorneys still reflexively file motions for temporary relief to modify custody or visitation along with the initial complaint. The 2025 rule changes regarding the procedure for motions for temporary relief, made it harder to win such motions by […]
Read MoreMarch 31st, 2026
The March 18, 2026, Court of Appeals opinion in Fennell v. Fennell, affirmed a family court order finding Father in contempt for not paying one-half of daughter’s college tuition and expenses and requiring him to pay Mother’s attorney’s fees. As part of the parties’ divorce and marital settlement agreement, “[b]oth parties agree[d] to contribute equally to […]
Read MoreJuly 24th, 2025
One of my earliest blogs addressed the idea that the family court only has jurisdiction over a child’s custody for a period of 216 months—from the child’s birth to his or her emancipation at age eighteen. Ironically, the worst times to be instigating marital dissolution or custody litigation is near the beginning or end of […]
Read MoreJanuary 16th, 2025
I see a lot of custody cases in which one or both parties expect the guardian to do the work and present the evidence that they themselves should be developing and producing. They get angry when the guardian won’t speak to myriad character or family member witnesses. When there is a DSS case, parties often […]
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