Child Custody

Are you thinking about moving out of state with your children?

Are you thinking about moving out of state with your children?

Making a decision to move out-of-state with your child, especially if it takes them further away from the other parent, is an especially difficult decision to make. There are a number of legal issues to consider, and I recommend that you consult with a lawyer to review your situation before you make any decisions, or begin the process of moving. Here is a brief overview of the legal issues typically involved with a move out-of-state. Is there an existing child custody order in place? If there is a child custody order in place currently, than you need to think long […]

We have a simple, uncontested divorce – do I really need a lawyer?

Yes. No. Maybe.  To be honest, I’m not really sure.  What I do know is that lots of people make the mistake of waiting too long to call a lawyer – like when things have gone bad and there is nothing that we can do to help.  I’ve written previously about this here.  Here is another article that talks about when you should hire a lawyer. For example, today I received a call from a man with an out of state custody matter.  He lives in North Carolina, but got divorced elsewhere.  His ex-wife filed for a custody modification (she […]

Do I need to have a custody evaluation?

One of the most difficult parts of getting divorced is the potential to negatively impact the children.  As a parent myself, I can’t imagine how difficult it would be to not see my son or daughter on a daily basis.  The best thing that you can do as a parent to make this easier on the kids is to try and work with your spouse to insulate the children from the conflict.  Here are a couple tips that I share with my clients: If the kids spend the majority of the time with you, do everything you can to foster […]

Mom with Breast Cancer loses Custody of kids

A Mom in Durham, NC recently lost custody of her children because she was diagnosed with breast cancer.  In an extremely sad case, and yet another shining example of why collaborative law is such a promising tool for resolving family law conflicts, Alaina Giordano has lost custody of her two children because of a terminal breast cancer diagnosis. Judge Nancy Gordon gave custody of the children to Ms. Giordano’s abusive husband who now resides in Chicago in part because “the course of [Ms. Giordano’s] disease is unknown, and “children who have a parent with cancer need more contact with the […]

Divorce and kids around the holidays… Ugh…

The Holidays are hard enough for those of us that aren’t divorced.  Figuring out which relatives you are going to see when, packing the car, getting the dogs to the kennel, coordinating the cat sitter, driving across the country to visit family…. and the list goes on and on.  And I’m not divorced.  It’s enough to give you a headache. I can only imagine the stress and frustration that must befall one of my clients that has to do all this, and then execute an agreed-upon visitation schedule so that they can see their children in addition.  What if the […]

Collaborative Divorce is great for the kids

I came across a great article today that illustrates just why collaborative divorce can be such a great thing for the children of divorce. The article profiles a family from Rochester, New York that is going through a collaborative divorce with children – successfully. On anther note – I was forced to go to court this past week for one of my last litigation cases, and if I ever thought that I might continue litigating family law matters, this case put that idea to rest.  Here are a couple of reasons why: Collaborative Divorce is much better for the kids […]

What is the true “cost” of divorce in Cary?

I came across a podcast today by a divorce lawyer in Boston, Massachusetts who discussed the “cost” of getting divorced.  Here are some of the questions he was asked, with my answers. You hear in the news about couples staying together simply because the cost of divorce is too high. What makes getting a divorce expensive? Forgetting about the physical and mental stress that is involved in getting a divorce – which is a cost that people don’t often think about – the true “cost” of a divorce depends on how much time the attorneys spending working on the file.  […]

Child Custody in Cary

I just finished watching another heart-breaking loss by my favorite professional football team – but what has me torn up more than that was how one of the announcers was telling the story of one of the players and what a great person he was be cause he just finished a two year custody battle in which he “won” custody of his child. Why is it that in the traditional legal arena, one parent has to “lose” in a custody fight?  If you ask me, both parents and the kids lose when a family has to go through a custody […]

Divorce and Child Custody in Cary

One of the scariest parts of getting divorced is the legal limbo that you go through while waiting for matters of Child Custody to get sorted out.  Whether you live in Cary or Raleigh, if you choose to get this sorted out in the courts, you will be in front of one of the family law judges in Wake County District Court. Child Custody is probably one of the most stressful and highly litigated aspects of divorce that I see, and with a 12 week old son at home, I can understand why.  One of the biggest joys I get […]

Divorce during the Holidays – What to do?

Divorce during the Holidays - What to do?

As we come upon the end of summer and the Labor Day weekend, it is important to make sure that you stay calm and collected during the weekend’s festivities.  Whether you are just thinking about the idea of separating from your spouse, your divorce is in its final stages, or you are somewhere in between – this is a weekend to focus on family and children, and not cause unnecessary stress at family gatherings. Here are a couple of tips to consider, no matter where you are in the process: Maintain a cool head.  Divorce is an emotional, traumatic event […]