An award of custody is subject to modification upon a showing of a substantial change of circumstances. The moving party must demonstrate that, due to a substantial change of circumstances from the time that the current custody arrangement was established, the best interests of the child would be better served by a transfer in custody. […]
Child Custody
If the court awarded primary custody to one parent, can the other parent apply to have the custody arrangement changed?
If there is a lot of conflict between the parents, is joint custody still a posibility?
What weight will a judge give the children’s stated preference regarding custody?
The children’s stated preferences are always given weight by the judge, and that can come in a variety of different ways. It can come in the custody study; the evaluator would have talked to the children and will be able to state what the children’s preferences are. If there’s an attorney for the children, that […]
Does a divorced step-grandparent have any rights to visitation with their step-grandchildren?
Most likely not. I don’t believe that it has been litigated or a judge has made a decision, but we normally look at a step-grandparent who is married to the biological grandparent of the child, and they as a couple get visits with the grandchild. But I haven’t seen a situation in which a step-grandparent […]
If a grandchild was given up for adoption, does a grandparent have any rights to see him/her?
Yes, and that is under the Grandparent’s Visitation Privileges Act. That’s one of the four categories that gives a grandparent standing to go into court – i.e., a child is being put up for adoption and you are the biological grandparent of that child, and you had a good solid, steady relationship with that child. […]
How does the court decide who gets primary parenting rights if both parents want it?
The court is required to determine one parent – a custodial parent in Oregon or a primary residential parent in Washington. A lot of times parties can agree to do what’s called “joint custody” or “joint residential parents”. That is only when the parties agree. If they will not agree to joint custody, then the […]
What kind of witnesses should a parent suing for custody have at trial?
Sometimes there are lots of witnesses. An attorney will interview the witnesses. Sometimes the witness seems like they’re going to be just a great witness, but then when the attorney interviews the person, you may not get as much information out of them that your client thought they would get. Or you might find that […]
Can a third party who has custody of the children sue the grandparents for support?
The short answer to that is no. A grandparent who takes on guardianship is not obligated to financially support the child. Technically, the parent is still legally responsible for that, so no, a third party cannot sue a grandparent to pay child support. Mary Ann Burmester is a family lawyer practicing in Albuquerque, New Mexico […]
What advice would you give someone who is considering seeking guardianship of their grandchildren?
As a parent or a grandparent, you’re having to choose between your adult child and your grandchild. It really is a difficult situation. My potential clients, they struggle. You want to be able to help your adult child parent your grandchild. But sometimes that adult child is unable or unwilling to heed your advice. So […]
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