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 …

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

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In making any determination of custody, a court should look at the respective work schedules of the parties.  The respective work schedules of the parties can form a basis for a determination of residential custody as well as the basis …

Modification of a Custody Order: Part 9- The Parties’ Respective Work Schedules Read more »

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Particularly relevant to a best interests analysis when modifying a custody order is each parent’s past performance and their willingness to foster a healthy relationship between the child and the other parent. For example, in one recent case, the court …

Modification of a Custody Order: Part 5- Willingness to Foster a Relationship with the Other Parent Read more »

  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 …

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

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We continue our discussion of the modification of a custody order by examining the weigh a judge will place on the existing custody order. An existing custody arrangement is but one factor to be considered by a court when considering …

Modification of a Custody Order: Part 3 – The Weight to be given to the Existing Order Read more »

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