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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

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

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

Posted in Divorce

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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