Alaska’s Supreme Court recently decided an issue revolving around custody of a minor child born through artificial insemination to a same-sex couple. As same-sex marriages and reproductive technologies continue to be more commonplace, we are seeing an increase in cases that involve such parties. The law, as always, lags behind…
Articles Posted in Children
Custody Modification and Prior Events
Blackwell v. Blackwell 2021-NCCOA-537 Facts: Mother and Father began a child custody action. Mother subpoenaed numerous mental health documents from healthcare providers. These documents would have purportedly been used at trial to establish Father’s mental health and substance abuse. In 2016, the parties had consented to a custody schedule in…
Surrogacy and Custody
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…
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…
Child Support Income Guidelines
Madar v. Madar, No.COA20-28 (Dec. 2020). In North Carolina, court ordered child support can only be modified by further order of the court. Before modification is allowed, the court must find that there has been a substantial change in circumstances that warrant the modification. There is an automatic presumption built…
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…
Foster Families in North Carolina
There is a growing need in North Carolina for foster parents to care for foster children, especially in Rowan County. In a recent article, the Rowan County Department of Social Services stated there were currently 160 children in their care, but only thirty-four (34) foster families in the county as…