Family From the Editor in Chief Kathleen A. Hogan In this issue, the authors have analyzed and discussed the nuances and principles relating to rights of access, parental responsibility, or possession, terms referring to “custody” of a child, from conception onward.
Family Who Is a Parent? Douglas NeJaime The author catalogues different classes of legal parents, from biological/genetic parents, adoptive parents, presumed parents, intended parents, and functional/de facto parents and how standing varies by jurisdiction.
Children Legal Custody and Decision-Making Ben Schenker Family law practitioners will gain a clear understanding of the two types of custody, physical custody and legal custody, and how to help their clients negotiate a custody agreement that prioritizes the needs of the child.
Children The Many Looks of Physical Custody: A Parenting Plan for Every Situation Maleaha L. Brown While there is strong judicial and legislative preference for shared physical custody in the majority of custody cases, courts may consider other types of parenting plans if they are shown to be in the best interest of the child.
Children Applying the UCCJEA in Family Law Joseph W. Booth Because subject-matter jurisdiction may be challenged at any time, family law practitioners should understand the Uniform Child Custody Jurisdiction and Enforcement Act to avoid costly, lengthy, and potentially damaging repercussions.
Children The Who, When, and Why of Using Experts in Contested Custody Cases Dr. Robert A. Simon By Dr. Robert A. Simon A licensed psychologist and experienced consultant offers guidance on the benefits of adding a specialized forensic psychologist to your legal team in a contested custody case.
Children Preparing Your Client for a Custody Evaluation Dr. Philip M. Stahl and Rebecca M. Stahl Learn how to prepare your client for the parenting evaluation process, handle the psychological testing of either parent, conduct follow-up interviews, and explore options after the evaluation report is submitted.
Children Why and How to Account for the Child’s Views in Custody Cases Melissa Kucinski Domestic U.S. custody statutes and international treaties routinely require that children be able to express their views or preferences in custody cases. If a country does not, the other country may refuse to recognize its custody orders.
Domestic Relations Parental Interference Dr. Arnie Shienvold When one parent attempts to manipulate a child into disparaging the other parent in a custody dispute, the judge may be left unsure whether the portrayal is accurate and what is best for the child.
Family Parenting Coordination and Co-parenting Counseling: Choosing the Best Intervention for Families Annette T. Burns The author explains the differences between the two best-known coparenting interventions, parenting coordination and co-parenting counseling, and how to find out what options your client’s jurisdiction allows and which is right for your client.
Domestic Relations Domestic Violence and Custody Melissa Averett In families with a history of domestic violence, a well-drafted custody order can be the only thing standing between a child and potential abuse. For the family law attorney, “This is where you get to put on your cape and save lives.”
Family Relocation Factors: A Lawyer’s Guide Christopher C. Melcher and David R. Bass This article outlines the factors courts consider in granting a move-away request by one parent and how attorneys can most effectively prepare.
Children Third-Party Custody, Parental Liberty, and Children’s Interests Barbara A. Atwood The law and courts favor “fit” parents in third-party custody disputes, even if their conduct has been questionable. Therefore, a nonparent seeking custody must meet a heightened burden of proof than needed for visitation.
Domestic Relations Divorce 2021: Assets, Earnings . . . But Who Gets the Embryos? Tim Schlesinger When a couple who chose to cryopreserve embryos resulting from in vitro fertilization no longer have a future together, they are increasingly turning to the courts to resolve the dispute. But the law isn’t crystal clear.
Family FLS Nominating Committee Posts Slate Section members will elect Section of Family Law Officers and Council Members for the 2021–2022 bar year at the 2021 ABA Family Law Section’s Annual Business Meeting this summer.
