Blog Archives

Modification of a Custody Order: Part 14 – The Wishes of the Child continued

In this post we pick up with our discussion of the preferences of a child in determining custody.  As I mentioned last time, this is not always a black and white issue for a number of reasons. A child’s preference

Posted in Custody, Divorce

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

Posted in 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

Posted in Custody Tagged with:

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

Posted in Custody, Divorce Tagged with:

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

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

Posted in Custody, Divorce Tagged with: ,

Modification of a Custody Order: Part 8 – School Attendance

Excessive absences from school while a child is in the care of a parent can reflect poorly on a parent’s ability to guide and nurture the child and provide for the child’s education and emotional growth. A court must look

Posted in Custody Tagged with: