Category Archives: child custody

New Case: Court defines “residence” under the UCCJEA

How do we define residence under the UCCJEA? According to this court, residence does not mean domicile.

Custody Case Managers. Good idea?

If low-conflict custody disputes can be resolved more quickly and efficiently, the courts can focus on the more difficult cases.

What is a Parent?

Every so often I stumble across some great legal writing. Here is an interesting commentary by Judge Mosk in a decision he wrote in a 1979 California custody case (In re Marriage of Carney, 24 Cal. 3d 725). The basic facts were that a custodial father became quadriplegic and the formerly absent mother sought custody based upon the [...]

Is Marriage Different?

Illinois’ policy is that children born to unmarried parents have the same rights as those children whose parents never marry.  But does that mean the restrictions on that child’s parent are also the same?  Illinois law requires a  custodial parent who wants to  permanently remove  a  child from the state to obtain permission of the court. The [...]

Toxic Parenting

It’s no secret that people often use their children to achieve their goals in family court. Despicable, but all too common. Probably the most disturbing dynamic is the parent that tries to gain custody by being a child’s friend or buying the child’s affection through permissiveness or other bribery. While the other parent wants to impose structure, [...]

When is too much too much?

Increasingly Lex Familia is confronted with visitation schedules that are almost impossible to accomplish.  Parents have children enrolled in so many activities, it is difficult to find time for the child to spend with the non-residential parent. Should a child be allowed to participate in activities if they interfere with the the non-residential parent’s time with the child? There is [...]

Is it Time to Reconsider the "Tender Years Doctrine"?

Last Saturday I was at Shabbat services at my synagogue. Also there was a handicapped little boy who was struggling to get around. Virtually every little girl at the service was coming to his aid, without any prompting by their parents. The other little boys seemed oblivious and generally unconcerned. My observations made me question [...]

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