Contrary to popular belief, there is no set age when children can testify and express their wishes for their living arrangements in a custody case. Rather, the court decides whether the child is of a “suitable age and discretion” to testify and express their wishes before the judge. The judge will consider the child’s […]
Archives for 2018
What is court-ordered custody mediation?
If a party files a claim for child custody, the court will likely require both parties to attend mandatory custody mediation. In limited instances, the court may waive the requirement for “good cause.” If you receive a notice ordering you to participate in the court-ordered mediation process, then you should be sure to attend and […]
What Not to Do During a Custody Battle
Having to go to court to fight for your children may very well one of the most difficult things a parent ever has to do. The emotional, physical and financial toll of a custody lawsuit is not to be taken lightly and is often exacerbated by the fact that people in the midst of custody […]
What’s the difference between a Separation Agreement and a Court Order?
A Separation Agreement can be a useful and efficient way to settle all issues related to a divorce, such as property distribution, alimony, child custody, and child support–without having to go through the Court. It is simply a legally binding contract between the spouses. If a spouse does not follow the terms of the Separation […]
Temporary and Permanent Child Custody Orders
There are two types of child custody orders – temporary child custody orders and permanent child custody orders. Both orders are enforceable by the court and set out how custody of a child is allocated between the parents (or non-parents, if the parents do not have custody). The “temporary” and “permanent” labels associated with each […]