Legal Analysis and Commentary
Facts: Father and Mother, the parents of two children, presented with an uncontested divorce on grounds of irreconcilable differences. Their agreement was contained within the proposed final decree of divorce that incorporated a marital dissolution agreement and permanent parenting plan that had been signed by both parties. At the hearing for the trial court to […]
Read MoreFacts: An agreed parenting plan was entered in September 2012 granting Mother 245 days of parenting time to Father’s 120 days. Father, an airline pilot with an unfixed work schedule, was granted a “minimum” of 10 days each month. The parties were to operate in good faith toward coordinating Father’s parenting time around Father’s work […]
Read MoreFacts: Mother and Father are the divorced parents of three children. When they divorced in 2007, they agreed to share parenting time equally and designate Father as the primary residential parent. In 2012, the trial court modified the parenting schedule to reduce Mother’s parenting time with the oldest child to 124 days. The schedule as […]
Read MoreThis recent article by Brigid Schulte in The Washington Post might be of interest to readers of this blog. Making Time for Kids? Study Says Quality Trumps Quantity Do parents, especially mothers, spend enough time with their children? Though American parents are with their children more than any parents in the world, many feel guilty […]
Read MoreFacts: Mother and Father had two children out of wedlock. Mother lives in Tennessee and Father lives in Warsaw, Indiana. The children, living with Mother, were found to be dependent and neglected in Mother’s care. Custody was granted to the Department of Children’s Services (“DCS”). Eventually, DCS filed a Petition for Termination of Parental Rights, […]
Read MoreFacts: Shortly after Child was born, Child was diagnosed with a rare genetic disorder that can cause grave neurological consequences if Child’s diet is not strictly controlled. When the parents divorced several years later, the trial court approved their agreed parenting plan designating Mother as Child’s primary residential parent and dividing parenting time equally between […]
Read MoreFacts: After a short marriage that produced Son, the parties separated. While the divorce litigation was pending, Mother began to suspect that Father was abusing Son. Mother then abruptly left the state with Son without telling Father. Father was unable to locate them for several months. In Mother’s absence, the divorce court entered a default judgment against […]
Read MoreFacts: The parties were divorced in 2009. The Permanent Parenting Plan had Mother caring for the children for 280 days to Father’s 85 days. In 2011, Father filed a motion to modify the parenting plan alleging that he had moved, remarried, and his work schedule had changed after he went into business for himself, which freed […]
Read MoreFacts: Mother and Father are the parents of two children. They divorced after eight years of marriage. The trial court found that both parents were able and loving parents and active in the children’s lives and that they provided consistent and quality care to the children. The court also found that all but two of […]
Read MoreFacts: Mother and Father, the parents of one child, were divorced in 2011. While the divorce was pending, Father moved to Florida. After the trial, the trial court designated Father as the primary residential parent in December 2011. Child was to remain in Tennessee with Mother to complete the rest of the school year before moving […]
Read MoreFacts: When Mother and Father divorced, the agreed parenting plan designated Father as the primary residential parent of Child and did not allow for Mother to have any visitation. Despite the parenting plan, Mother continued to live in the home with Father and Child for over three years. During this time, Mother committed various crimes, including […]
Read MoreThis recent article by Dr. Marie Hartwell-Walker provides some helpful tips for handling visitation with children during the Christmas holidays. A Different Date Isn’t Second Rate: Caring for Kids At Christmas If there’s ever a time for divorced parents to be cooperative, it’s around Christmas. For children, the buildup starts at Halloween. Decorations are up […]
Read MoreFacts: Mother and Father lost custody of Child after their drug abuse led to Child being declared dependent and neglected. Child was placed in the custody of Foster Parents. Mother and Father were directed to remedy the issues that led to the removal of Child from their custody. Meanwhile, Mother and Father moved to South […]
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