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Blog Posts in November, 2015

  • Does Breast Feeding Impact a Father's Visitation Rights?

    What is the Issue? Another frequently raised issue is a father's frustration in having visitation with his child based on the other parent breast feeding the child and raising the issue that the child cannot spend the night at father's house because the child needs to breast feed. I believe the most extreme example of this that I have ever witnessed was a mother denying father visitation of a 4 ...
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  • Is There Gender Preference When Deciding Child Custody and Visitation Orders?

    Are Mothers Favored Over Fathers? This is a frequently asked question that I run into. I usually hear this question from fathers who come to me with a belief that judges still favor mothers over fathers. FC 3020 sets forth a prohibition against expressing a gender preference in making custody and visitation orders. However, please keep in mind that judges are people to and are shaped by their ...
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  • What is considered by the court when making child custody and visitation orders?

    FC 3020 sets forth three public policy criteria in making orders for custody and visitation. These can be summarized as follows: 1) The health safety & welfare of the child; 2) Frequent and continuing contact with both parents 3) if there is a conflict between these two policies, the health, safety and welfare of the child prevails. What this means to parents going through the family court process ...
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