My answer is if you share joint custody this is not a good idea at all to go against the other parent's wishes. You need to have the consent of the other parent or a court order to do that. In some cases I have had parents make major decisions for their children that the other parent was not in agreement with and it actually caused them to lost custody of their children.
When it comes to decision making or custody it usually pertains to major decisions for the life of the children. For example mental health treatment, medical treatment, education, in some cases religion. In Arizona we have personal care decisions. Which amounts to for example can the child get their hair colored blue or a mohawk or get all kinds of piercings.
If you share joint custody with another parent then you have to discuss those categories of major decisions with that parent before making one of those major decisions. Certainly enrolling your child into some sort of mental health counseling would be a major...
I've said it more than once in some of my past videos that if there's any evidence that you think that you might possibly want to use at trial, that you disclose it in advance and in accordance with the laws of your jurisdiction. That way if you decide you want to use certain pieces of it as evidence you actually have the option to use it.
You don't have to use all of the evidence that you disclose. But when you're getting ready for trial and you're deciding what evidence that you're going to actually try to admit I want to encourage you to be really careful about the evidence that you pick. Be careful that the evidence actually shows what you want it to show.
I want to give you an example from a trial that I just had last week. In this particular case I was representing the father. Mother took him back to court because she wanted to reduce his parenting time from almost equal to every other weekend. Mother submitted...
At a very young age, my grandmother gave me some sage advice about lying. She told me that if I was going to be a liar, I'd better have a good memory. Why? Well, because I would have to keep track of all the lies I'd told so as not to get caught.
OK, OK. I have to admit - I've lied before. Even to important people in my life. Please don't judge. I'm human. I'm guessing that if you're anything like me (a human), you've lied, too. I've realized that it's usually a lot easier to just tell the damn truth.
Telling the truth doesn't always happen. Believe it or not, it doesn't always happen EVEN in the courtroom. Yes. People lie ALL. THE. TIME. Even on the stand.
I see it. I hear it. I can't believe it.
It might seem like common sense advice ("don't lie"), but I just finished a custody trial where the opposing party (a law enforcement officer) was subjected to an internal affairs investigation at work - for lying. When she got on the stand, that's the first thing I...
I know all too well the emotional and physical toll high conflict custody battles can take on the people who are involved. I’ve recently finished 2 very high conflict cases that have taken a toll not only on my clients but on myself personally. So this is just a little bit of real world advice that’s not necessarily legal but is still very important to your case.
Over the last couple of months I have been dealing with some pretty heavy duty cases that I have been having to take to trial. They involve situations where there has been domestic violence, substance abuse and mental health issues all in the same case. It's not unusual to have one of these issues in a custody case but it is rare to have all of them at once.
Not only am I dealing with these issues with these cases, I'm dealing with parties who are very high conflict with each other. I am dealing with parties in some situations who are making demands that are really unreasonable or who have...
Come as you are, as you were
As I want you to be
As a friend, as a friend
As an known enemy
Take your time, hurry up
The choice is yours, don't be late
Take a rest as a friend
As an old
Come doused in mud, soaked in bleach
As I want you to be
As a trend, as a friend
As an old
You aren't perfect and you never will be. Yet, you ARE perfect. Just as you are. You are the perfect person. You are the perfect parent.
There's always to room to improve, but don't hold yourself hostage thinking about the things you've done in the past.
My best friend is a man is who was married before he found me. When he married his first wife, he was young and really just wanted to be free.
He and his wife had two kids. The marriage didn't work. He left. He didn't just leave the house. Or the city. Or the state. He actually left the country. And, for the most part, his kids were raised by their Mom and stepfather...
Forgiveness is not a legal topic but I want to talk to you about focusing on solutions vs. the problems that have happened in the past.
I know if you've been wronged that the past is hard to let go of. but I do get it. When you go to trial you have to focus on the problems. You have to focus on what each party said in the past and what each party did in the past.
That involves a lot of rehashing conversations, text messages, emails and behaviors. Fortunately that's a necessary evil when you to trial because a judge can only make a decision on what's happened in the past.
Practically speaking if you want to make some headway in your custody case with the other parent as well as the judge in the courtroom then I really think it's important to at least think about focusing on solutions. And not being so hung up on the past.
I do understand that there are some situations where the person had serious mental health conditions or a narcissistic personality. I understand that it makes it...
I want to talk with you about this notion of unreasonably withholding consent. I bring this up because I see it come up again and again in my cases. I saw it come up recently in one of my cases where the father in the situation wanted to take their child to Disneyland during a weekend when the father’s parents were coming in from out of state. They came in just so they could all travel to California and go to Disneyland.
In this particular situation my client didn’t give father an answer about Disneyland for days and he was asking her via email and text messages. He repeatedly was asking “Can we go? Can we go?”. She was addressing other matters and she was trying to get other things from father related to other situations they had going on. But she would not address this Disneyland issue and in my mind mother’s failure to address this issue promptly was the unreasonable withholding of consent.
What you should be doing if you have an older child who is telling you that he or she wants the custody or parenting time arrangements to be changed.
I had this issue just come up in one of my cases and let me give you a little background. I have a client and he had custody of his three boys as they were growing up but as the boys were growing up one of them started to give him a hassle a few years ago saying that he wanted to live with mom who lives in Arizona and father by the way lives in a different state.
So father and mother went through a couple of rounds of litigation where they were battling over whether the boy would get to come and live with mother or not and ultimately in those rounds of litigation they settled the case. But more recently the boy came to spend time with mother during summer break and at the end of summer break he essentially refused to go home. The boy is 16 years old according to the mother the boy refused to get in the plane to get in the car to...
This video is about a situation that I observed in court a couple of months ago while sitting in a courtroom waiting with my client for the judge to hear our restraining order.
As we were waiting we were watching all the other people who were going before us and one of the ladies who went before us was a woman who was trying to convince the judge to give her a restraining order to protect her children. She felt the father…the other parent was putting the children in danger by driving with the kids while under the influence of alcohol.
The first question that judge asked the woman was is there a current custody order in place that gives this other parent rights and her answer was yes so that was red flag. Number one the judge felt that by going to get a restraining order that maybe the woman was trying to go around or circumvent the prior order on custody and what the judge told her was that you need to seek to modify that prior family court order and you can do it on an...
Why would a Guardian Ad Litem (GAL) favor the non-parent who is not the biological parent of the child when trying to determine what's in the best interests of the child?
Before I delve into answering this question let me explain what GAL stands for in legal speak. GAL means guardian ad litem and a guardian ad litem is an individual, usually an attorney who is appointed by the court to represent the interests of the child. Oftentimes the GAL is given special powers by the court where they can investigate allegations that are being made or where they can observe interaction between the child and the involved parties.
The GAL al may be able to talk with the child if the child is old enough to express his or her wishes. So there are a lot of functions that this GAL can perform. And the GAL then can provide a report or an update to the court and provide recommendations about what he or she thinks is in the best interests of the child. So in this case the...