Modification of a Custody Order: Part 12- Quality of Interaction Between Parent and Child

In making a determination of a modification of custody a court must consider the quality of the interaction between the parent and the child or children.  This means that primary among the circumstances to be considered in determining the best interests of the child are the parents’ ability to provide for the child's emotional and [Read More]

By |2017-10-19T13:35:14-04:00October 19th, 2017|Custody, Divorce|

Modification of a Custody Order: Part 11 – The Presence of Siblings

  Anyone who has a brother or sister can tell you how important the sibling relationship is and what a significant role our siblings play in our childhood development.  As common sense would dictate, the law strongly favors the development and encouragement of sibling bonds. In custody modification proceedings, courts will not separate siblings unless [Read More]

By |2017-06-26T13:05:58-04:00June 26th, 2017|Custody|

Modification of a Custody Order: Part 10- Home Environment and Childcare

As I wrote back in Part 4 of this series, a best interests analysis generally involves the examination of several factors.  These include the relative fitness, stability, past performance, and home environment of the parents, as well as their ability to guide and nurture the child and foster a relationship with the other parent.  After [Read More]

By |2017-06-22T08:02:44-04:00June 22nd, 2017|Custody, Divorce|

Modification of a Custody Order: Part 6 – False Allegations

Among the factors that a court will consider in determining a modification of custody is false or unsubstantiated allegations made against one parent by the other parent. When a parent is found to have made false allegations against the other parent this misconduct may justify awarding custody to the falsely accused parent. For example, in [Read More]

By |2017-05-04T15:25:50-04:00May 4th, 2017|Custody|

Modification of a Custody Order: Part 4 – Best Interests Analysis and Totality of Circumstances

  Upon finding a change of circumstances a judge is required to determine what custodial arrangement would promote the best interests of the child.  This may or may not require a change of custody or a change to the parenting schedule. The primary focus of a custody determination is ascertaining what is in the best interests [Read More]

By |2017-04-06T13:37:28-04:00April 6th, 2017|Custody, Divorce|
Go to Top