Amazingly enough, they can. Probably every situation in one context or another is high conflict; if it wasn’t high conflict in the first place, they probably wouldn’t be undergoing a divorce or a transition in their relationship. Interestingly enough, most parents are able to successfully put all of those differences of opinion aside and successfully […]
Child Custody
Is it possible to settle a child custody dispute without a trial?
It’s very possible, especially when you have a custody study, because when you have a custody study, the evaluator has taken, typically on a good day, four months to get the evaluation completed. On a bad day, it can take much longer than that because the evaluator is so booked up that things go much […]
How can a parent regain custody of their child and end the guardianship?
The burden is on the parent to prove to the judge that the circumstances that existed, giving rise to the need for guardianship, are no longer there. Let me give you a few examples. What I see today is, a parent who is a very good parent – has a job, has a home, a […]
How can a parent help their lawyer make a case that they should be awarded primary parenting rights?
The place to start with that is to actually hire a lawyer who actually does this as a substantial portion of their practice. You need to be represented by someone who has been through this a number of times, who’s familiar with the court, who’s familiar with what the specific judges are looking for that […]
Is it ever possible to get permanent guardianship of a grandchild?
Yes. In fact, in family law in general, a lot of times temporary orders end up being permanent in the sense that if nobody goes to court to change or end the arrangement, it lasts through the child’s minority up until the child is legally emancipated. It’s typically age 18. But the process is, you […]
What people should a parent ask to write letters or talk with a custody evaluator on their behalf?
When a custody evaluator is chosen and the client starts the process of a custody study, the attorney tries to have a few meetings with the client before they meet with the evaluator where they just sort of prepare them and pump them up about going through the evaluation process. The parent must paint a […]
Does a grandparent’s guardianship of a child terminate the parents’ rights to that child?
No, it doesn’t. That’s one of the reasons why the courts here generally look at a guardianship as opposed to custody. A grandparent getting custody of a grandchild does not terminate the parental rights of the parents. But when we look at our guardianship laws, our kinship guardianship laws, there are certain elements that have […]
How can a parent increase his or her chances of being awarded primary parenting rights in Illinois?
There is really no overnight solution to that situation. If you consider a 12-year-old child and you’ve got one parent who has always been working hard outside the home and has not really been around a lot, hasn’t been terribly involved with the youngster’s activities, and suddenly shows up for a month and says, “OK, […]
If the parents are unable or unwilling to take care of their child, can a grandparent get actual custody?
Yes. We normally look at guardianship as opposed to custody. The word custody under New Mexico law really is used in parents getting divorced or parents who are not married. But the concept to the general public is, I want to be able to raise my grandchild. Their parents are unable or unwilling to do […]
How do you pick a good custody evaluator? What questions should you ask?
In Oregon, family law attorneys have a small handful of evaluators that are used over and over again. These evaluators know that in order to get an attorney’s business, they have to be fair, even-handed, and they can’t be biased. Because there are not enough evaluators, evaluations can take a long time because evaluators are […]
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