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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

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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 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

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Modification of a Custody Order: Part 6 – False Allegations

Among the factors that a court will consider in determining a modification of custody is false or unsubstantiated allegations made against one parent by the other parent. When a parent is found to have made false allegations against the other

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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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