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DICC Blog Posts
- Domestic Relations “Best Day Ever” - Just the words “Domestic Relations” sends shivers down my spine. Going to court to settle a child custody issue should be the last resort in my opinion. Working it out between both parents should always be attempted before letting the court system decide your fate or your child’s! Plus, I had always heard that the mother is always favored in the court system when it comes to child custody issues. Of course that’s in a perfect world, with two mentally and emotionally stable parents who put the needs of their […]
- A Broken System: Fighting To Be A Dad - The uphill challenge for father’s rights in the court system We have a problem in the arena of divorce and custody. We have a system that is not impartial and often serves as a breeding ground for disingenuous and unethical actions committed by players in the legal arena and sometimes (knowingly and unknowingly) enabled by the very courts people believe will determine fact from fiction. Many fathers have an uphill challenge awaiting them as they seek what many others before the law and courts seek … fairness and the right […]
- A Broken Court System: What are You Prepared to do? - Follow the money and the court motions… Ignorance is bliss in some scenarios, and as a father having been involved in a contentious divorce and custody ordeal it was a luxury I found myself longing for at times. Facing a situation where one’s back is against the wall, inside a court environment that is overtly hostile towards those who represent themselves as a pro se litigant, is a place parents should venture with extreme caution. In my situation it came to a point where in keeping up with my own […]
- A Broken System: Parental Alienation - Do family court lawyers and judges really have the child’s best interest in mind? Parental alienation is victimizing the lives of countless good families—-parents and children—-all over the world with devastating repercussions. To the alienated parent, it can be a dizzying feeling of helplessness that grips you while frantically searching for answers to stop what is happening. Read Article
- “Bus”ted - My ex-wife had a bad habit of neglecting to inform me when she would up and move my kids, at least four times they were uprooted. Having 50/50 custody it went as far as our young children keeping this vital information from me even on my custody week, a form of parental alienation. During the school year we had an agreement that the kids would get on the school bus Monday morning to go to school and on the afternoon bus they would take that bus to their mother’s house. […]
- Alimony - Alimony is an order of a court for the support of one spouse by the other spouse. State law, which varies by state, governs the award of alimony to a spouse. On application of either party for spousal support, the court may decree an increase or decrease only upon a showing of a substantial and material change of circumstances. Alimony may terminate upon the death of either spouse, the marriage of the spouse receiving alimony or, if the Court finds that alimony should terminate in order to avoid a harsh […]
- Mediated Divorce - Mediated divorce is an alternative method to a divorce litigation. Under mediated divorce, a mediator assists both the parties with communication by providing information and suggestions to help resolve their differences. Divorce mediators may be attorneys who have experience in divorce cases or may be professional mediators who are not attorneys, but who have training specifically in the area of family court matters. Divorce mediation is more preferred because it is less tedious than litigation. The adherence rate to mediated agreements is much higher than that of adherence to court […]
- Child Support Calculator - How is child support calculated? After the judge or support magistrate determines the income of both parents and makes the deductions allowable by law, (FICA, alimony, other specific expenses), the incomes are added together to get the “combined parental income”. Next, the judge or support magistrate selects a percentage based upon how many children in the household need to be supported. The combined parental income is multiplied by this percentage, and the amount is divided between the parents according to their incomes. The combined parental income level is set differently […]
- Child Support Guidelines - Child support guidelines exist under state laws, which vary by state, to require the non-custodial parent, under normal circumstances, to pay child support based on a percentage of net or gross income. Child support guidelines are based on income, not expenses. The percentage of support is calculated based on the total number of children for which a parent has an obligation to support. Some state guidelines provide an adjustment for work-related child care costs. Child support guidelines are founded on the premise that children should continue to receive the same […]
- Child Support - Child support is a parent’s legal obligation to contribute to the financial care and costs of raising his or her child. Usually support is provided until the child reaches the age of majority, or child’s emancipation before reaching majority or the child’s completion of secondary education. This obligation is enforceable both civilly and criminally. In the context of custody or divorce action it refers to the money legally owed by one parent to the other for the expenses incurred for children of the marriage. In such cases, child support is […]
- Split Custody - There are two kinds of custody: legal custody and physical custody. Split custody describes when siblings are separated, with one parent having one or more children and the other parent having custody of the other children. Custody battles most often arise in a divorce or separation, requiring a court’s determination of which parent, relative or other adult should have physical and/or legal control and responsibility for a minor (child) under 18. When both parents share custody of a child after a divorce it is called joint custody. Joint custody may […]
- Primary Custody - Primary custody refers to the parent with whom a child lives after both parents separate or divorce. It is also referred to as physical custody. Primary custody is awarded based upon a number of factors and doesn’t necessarily denote the fitness of the parent. The primary residential parent generally has final decision-making authority in day-to-day care and control of each child. Primary custody is governed by state statutes, which vary by state. The following is an example of one state’s definition of primary custody: “A parent has primary physical custody […]
- Sole Custody - There are two kinds of custody: legal custody and physical custody. Custody battles most often arise in a divorce or separation, requiring a court’s determination of which parent, relative or other adult should have physical and/or legal control and responsibility for a minor (child) under 18. When both parents share custody of a child after a divorce it is called joint custody. Sole custody is both legal and physical custody by one parent. Physical custody, designates where the child will actually live, whereas legal custody gives the custodial person(s) the […]
- Shared Custody - When both parents share custody of a child after a divorce it is called joint custody. Joint custody may be either legal or physical custody. Physical custody, designates where the child will actually live, whereas legal custody gives the custodial person(s) the right to make decisions for the child’s welfare. Child custody can be decided by a local court in a divorce or if a child, relative, close friend or state agency questions whether one or both parents is unfit, absent, dead, in prison or dangerous to the child’s well-being. […]
- Partial Custody - Partial custody indicates one parent has lesser time with the child than the custodial parent. In Pennsylvania, 23 Pa.C.S. § 5302 defines partial custody as “The right to take possession of a child away from the custodial parent for a certain period of time” Generally while making an order for partial custody, the court shall consider the following: The preference of the child as well as any other factors which legitimately impacts the child’s physical, intellectual and emotional well-being. Which parent is more likely to encourage, permit and allow frequent […]
- Joint Physical Custody - Joint physical custody is a form of custody of minor children in which the parents share the actual physical custody of the child. The time that the child spends with each individual parent is structured between the parties. Joint physical custody does not essentially require that there should be an equal sharing of time.
- Joint Legal Custody - Joint legal custody is a term referred in divorce cases in the context of custody of a minor. In joint legal custody of minor children the parents share the responsibilities and major decision-making related to the child. The custody of minor children in which the parents share the actual physical custody of the child is called joint physical custody.
- Physical Custody - In Family law physical custody is the right of a parent to have his/her child live with him/her. That person has the responsibility to provide a primary home for the child, including basic necessities like shelter, food, clothing, and proper care and supervision.Some states recognize the concept of joint physical custody where the child spends approximately half the time in each parent’s home. Physical custody is also called residential custody. Possession of a child during visitation is also referred to as physical custody. Physical Custody also means the custody of […]
- Joint Custody - There are two kinds of custody: legal custody and physical custody. Custody battles most often arise in a divorce or separation, requiring a court’s determination of which parent, relative or other adult should have physical and/or legal control and responsibility for a minor (child) under 18. When both parents share custody of a child after a divorce it is called joint custody. Joint custody may be either legal or physical custody. Physical custody, designates where the child will actually live, whereas legal custody gives the custodial person(s) the right to […]
- Legal Custody - Legal custody of a child is the right and obligation to make decisions about a child’s upbringing and welfare. For example, decisions regarding schooling, medical care etc are made by a parent with legal custody. In many states, courts now award joint legal custody to the parents, which mean that the decision making is shared. Legal custody refers to the legal authority to make major decisions on behalf of the child. Examples of major decisions include: where the child will go to school, the type of education, the form of […]
