There is a mess of a custody case in Massachusetts (MA) that arose from a very reckless surrogacy situation. Apparently, a same-sex couple posted to social media asking for help having a baby. A friend then offered to conceive with her boyfriend (read: the baby would be biologically unrelated to…
Articles Posted in Custody
Covid and Imputation of Income
Snowden v. Jaure, (Wyoming Supreme Court) With Covid-19 raging for over a year now, many families have been affected and often negatively. Job loss is just one consequence of the pandemic. This has caused a loss in income for many individuals. In families going through a custody case, it means…
Custody with Facetime and Contempt
There have been phones and computers around for decades now, and in the child custody context they have been instrumental in providing access to children for noncustodial parents. But since Facetime has come around, we are beginning to see some court documents, specifically custody orders, reference Facetime when crafting custodial…
Psychological Evaluations and the Coleman Murders
Matthew Taylor Coleman and his wife, Abby Coleman, were living a picturesque life in their Santa Barbara, California home with their two young children—Kaleo, a two-year-old boy, and Roxy, a ten-month-old girl— when events took a turn for the worse. While the family was packing for a camping trip, Matthew…
Consent Order Ambiguity
WALTER V. WALTER 2021-NCCOA-428 The language contained in a consent order should be unambiguous and clearly state what each party is required to do under the order. When the reading of the order leads to multiple reasonable interpretations, it may become impossible to enforce through contempt. Below is a custody…
Disqualification in Jolie/Pitt Custody Battle
Angelina Jolie recently experienced a small victory in her contentious custody dispute with Brad Pitt. The California Court of Appeals has disqualified the private judge, John Ouderkirk, from further ruling on the matter. Jolie and Pitt selected Judge John Ouderkirk to handle the custody dispute in the hope that a…
Relocation in Child Custody
M.E.G. v. C.P., unpublished (2021). It is not unheard of for one parent to move out of state. If the parties have minor children together, then the question is which parent is primarily going to have custody of the children. Many factors may come into play when making the determination.…
Child Custody and Child Support Modification
Lewis v. Lewis, No. COA06-599 Benjamin Lewis (“Ben”) and Gina Lewis (“Gina”) married on January 1, 1994 and had two children. Ben and Gina divorced on August 17, 1998. On June 26, 1998, Ben and Gina executed a separation agreement wherein they agreed to exercise joint custody of the…
Custody Modification – Remember the Child
Handerson v. Wittig, No.COA20-924 (July 2021). Modifications to child custody orders require a substantial change in circumstances affecting the welfare of the child. The change in circumstance is the gatekeeper. That alone will not amount to modification; the court still needs to determine if the change in circumstance affects the…
Grandparent Custody and Visitation
Graham v. Jones, 270 N.C. App. 674 (2020). In North Carolina, grandparents have the ability to have their concerns for custody and visitation heard by the courts. Our statutes allow any parent, relative, or other person claiming a right to custody to institute an action for child custody. Grandparents are…