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Blog Posts in May, 2017

  • What Is Legal Custody?

    Legal Custody is defined as the right to make certain decisions regarding the parties= minor children as well as the obligation to share certain information with the other parent. As with physical custody, there are two types of Legal Custody (Sole & Joint). Common decisions that are involved with Legal Custody include, but are not limited to the following: 1) Selection of Doctor, Dentist, Mental ...
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  • How does being a sex offender or living with a sex offender effect a parent's right to custody and visitation?

    The Court may modify or terminate a prior custody order if either a parent is convicted of a felony that requires him or her to register as a sex offender or lives with a person who is required to register as same. There is a rebuttable presumption that the child is at significant risk of harm to either be in the custody of a parent with such a conviction or if that parent's resides with another ...
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  • If my custody order sets forth that I have "reasonable" or monitored visitation, must I show a change of circumstances to modify my judgment (final order)?

    Often I have clients bring in judgments (paternity or dissolution) setting forth a "reasonable" visitation schedule and informing me that they are having issues with the other parenting in seeing their children. This is typically followed by the question, "What is reasonable?" For whatever reason there is a box on judgment forms that a party can check that says 'reasonable visitation." However, ...
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  • How do I terminate a guardianship order and have my children returned to me?

    A parent seeking to terminate the guardianship has the burden to show the following in order to terminate the guardianship: a) that the initial basis for ordering the guardianship no longer exists & b) that she or he is fit to resume custody. For example, if a parent lost custody of their children due to a drinking problem that resulted in the injury to their child and guardianship was granted to ...
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