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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 13 – The Wishes of the Child

The wishes of a child in a custody modification matter are a complicated subject.  Let us start by keeping in mind that we are talking about children, who generally lack maturity, insight and perspective because, after all, they are children.

Posted in 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 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

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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

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Modification of a Custody Order: Part 7- Poor Parental Judgment

In determining custody, a court should consider if a parent has exhibited poor parental judgment.  Poor parental judgment can take on a variety of forms but generally it consists of a parent placing his or her own interests over those

Posted in Custody, Divorce