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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

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

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

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Modification of a Custody Order: Part 2 – Change of Circumstances

Today we begin our exploration of the modification of a custody order.  The primary consideration in any custody matter is the best interest of the child.  With that in mind, a court will order the modification of a custody order

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Modification of a Custody Order: Part 1 – Hearing Preparation

Last month, I concluded a custody case in Family Court that settled on the second day of a hearing.  As part of my preparation for this hearing, I prepared and submitted a Memorandum of Law for the Judge at the

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The Denial of Parenting Time

Denying a parent parenting time is a drastic thing to do. A court will not do this unless it is shown that parenting time with the non-custodial parent would be detrimental to the child. This requires some rather extraordinary circumstances.

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Restrictions or Conditions on Parenting Time

A court may impose reasonable restrictions on a parent’s parenting time.  These may include limitations on travel or travel outside the state.  These may include requiring a parent to refrain from consuming alcohol during their parenting time or for a

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