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Unreasonably Withholding Consent When You Are Sharing Custody

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.

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How Domestic Violence in a DIFFERENT Relationship Affects Child Custody

In this week's video, I answer a question from a viewer about domestic violence that is committed in a DIFFERENT relationship than the one where child custody is being litigated.

One of my viewers is going through a divorce and her soon to be ex-husband has a 15-year old child from a different relationship. And then she and her soon to be ex-husband have a younger child together.

The soon to be ex-husband got into an altercation with his 15-year old daughter from the other relationship which resulted in some marks on her. What happened then was child protective services from her state got involved and stated that there may be evidence of child abuse taking place between the husband and his 15-year old daughter.

So my viewer wants to know is can she use that information as evidence in her own divorce and custody case regarding the younger child that she and her husband share.

The answer is yes it can and it goes back to the Best Interest of the Child Factors that I talk about in so...