People move for many reasons – a new job, getting married or remarried, to be closer to family, access to better education or employment opportunities, wanting a change of scenery or climate, etc. If you’re planning to move but have a child custody agreement in place, however, you will need to consider some additional steps to protect both your child’s best interests and your custodial or visitation rights. Although the laws governing child custody and relocation vary, especially when it comes to international relocations, thinking about the guidelines outlined below is a good place to start.

Understanding Child Custody Agreements

Child custody agreements generally provide guidance about where the child will live (physical custody) and who has the legal right to make important decisions about education, religion, healthcare, and more (legal custody). Custody can be shared between the parents (joint custody) or granted to only one parent (sole custody). 

Family courts will always prioritize the child’s well-being when making custody decisions, and will usually seek out custody arrangements and visitation schedules that allow the child to maintain a relationship with both parents, unless one is unfit. 

The Impact of Relocation on Custody

When one parent wants or needs to relocate, issues can arise if the new location is far enough away to complicate the existing custody arrangement and visitation schedule or interfere with the non-custodial parent’s ability to maintain a meaningful relationship with the child. The relocating parent can choose to work towards an agreement with the co-parent, pursue the case in court, or seek mediation. 

Parental Agreement

If both parents agree to the relocation, they can work together on a revised custody agreement. However, the new agreement should be detailed, in writing, and signed by both parties to avoid future disputes. Some practical tips for working with your co-parent are to communicate early, to have a new, proposed custody agreement and visitation schedule already in mind, to be transparent, and to document everything in case you do need to pursue the case in court or mediation. 

Court Approval

If one parent does not agree to the relocation, the other parent can seek to gain court approval by pursuing a relocation or move-away case. Family courts take several things into consideration when deciding on relocation cases, including: 

• The child’s best interests
• Reasons for relocation
• Impact on non-relocating parent
• Child’s preferences (for older children)
• Current parenting plans, custody agreements, etc.

Mediation

For parents who cannot reach an agreement but do not wish to pursue the case in court, mediation services can sometimes help resolve relocation disputes. A neutral, third-party mediator can facilitate dialogue and compromise, allowing the parents to reach a new custody arrangement and a visitation schedule that works for everyone. 

Get Legal Support from Family Law Experts

Any time the wellbeing of your children is involved, the stakes are high. If you need to relocate and want to take your children with you or are concerned about the impact your move will have on your visitation rights, or if your co-parent is planning to relocate with your children, consulting with family law experts can help you understand and protect your rights. Lonich Patton Ehrlich Policastri’s attorneys have extensive experience working with clients dealing with parental relocation issues. Get started with a free consultation to find out how we can help you today!

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. 

When parents separate or divorce, one of the most significant concerns is child custody. A common question arises: Will the courts favor the mother in deciding custody arrangements? While many believe that mothers automatically have an advantage, the reality is more nuanced. Let’s explore how custody decisions are made and whether the belief about mothers being favored holds true.

How Courts Decide Child Custody

Family courts prioritize the best interests of the child above all else. This principle means that decisions are made based on what will provide the child with the most stable, loving, and supportive environment. Key factors include:

• The child’s age, health, and emotional needs
• Each parent’s ability to provide for the child (e.g., financially, emotionally, and physically)
• The child’s current routine and stability
• The child’s relationship with each parent
• Any history of abuse or neglect

Courts also consider the child’s preference, depending on their age and maturity. There is no automatic assumption that one parent, such as the mother, is inherently better suited to have custody.

Does the Mother Have an Advantage in Custody Cases?

Historically, courts often awarded custody to mothers, especially for young children, under the “tender years doctrine.” This outdated belief assumed that young children needed their mothers for proper care.

Today, most courts have moved away from this presumption. Instead, they strive for gender-neutral custody decisions, meaning both parents have an equal chance to obtain custody based on their ability to meet the child’s needs.

That said, in some cases, mothers may still seem to have an advantage. For example:

Primary Caregiver Role

If the mother has been the primary caregiver—managing day-to-day tasks like meals, school activities, and bedtime routines—courts might view her as the more stable choice for custody.

Societal Expectations

Even though courts are more neutral today, societal expectations sometimes influence how custody arrangements are perceived. Mothers may still be seen as more nurturing, but this bias is decreasing.

Children’s Preferences

If children express a preference to live with their mother and can explain their reasons, courts often take this into account.

Can Fathers Get Custody?

Absolutely. Many fathers successfully gain custody, especially when they can demonstrate their involvement in the child’s life. Courts are increasingly recognizing the importance of fathers and the benefits of having both parents actively involved.

Fathers who are equally involved as caregivers and can show a strong emotional bond with their children have a solid chance of securing custody, either jointly or fully.

Joint Custody: A Common Outcome

In most cases, courts prefer joint custody arrangements where both parents share decision-making and parenting time. This approach allows children to maintain strong relationships with both parents.

Contact LPEP to Discuss Your Child Custody Case

While mothers historically had an advantage in custody battles, today’s courts emphasize fairness and the child’s best interests. Both parents are evaluated equally, based on their ability to provide a stable and supportive environment.

If you’re navigating a custody case, don’t hesitate to reach out to Lonich Patton Ehrlich Policastri. We understand how important family is, and we’ll do everything we can to help you see your children as often as you deserve. 

Contact us today to set up your free consultation. 

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. 

Family law cases can be emotionally charged and complex, particularly when they involve children. In some situations, the court appoints a Guardian ad Litem (GAL) to ensure that the child’s best interests are represented. But what exactly does this role entail? Let’s explore.

What Is a Guardian ad Litem in Family Law?

A Guardian ad Litem (GAL) is a court-appointed advocate dedicated to representing a child’s best interests during legal proceedings. Unlike a traditional guardian, a GAL does not assume custody of the child but instead serves as an independent voice in court, focusing on what outcomes will most benefit the child.

When is a Guardian ad Litem assigned to family law cases?

 A Guardian ad Litem is usually appointed in family law cases involving specific concerns or disputes:

• Child custody disputes: When parents disagree on living arrangements or visitation schedules.
• Allegations of abuse or neglect: To assess the child’s safety and well-being.
• Adoption cases: To ensure the adoption serves the child’s interests.

The court may also appoint a GAL in other cases where the child’s welfare is a significant concern.

Responsibilities of a Guardian ad Litem in Family Law

1. Investigating the Child’s Situation

A GAL conducts a thorough investigation by:

• Interviewing the child, parents, and other family members.
• Speaking with teachers, doctors, and therapists.
• Reviewing relevant documents, such as school records and medical reports.

2. Reporting Findings to the Court

After gathering information, the GAL prepares a detailed report outlining their recommendations. This report can influence the court’s decisions on custody, visitation, or other arrangements affecting the child.

3. Advocating for the Child’s Best Interests

During hearings or mediation, the GAL speaks on behalf of the child, ensuring their needs and well-being remain the priority.

How Does a Guardian ad Litem Help?

A GAL provides an unbiased perspective in family law cases. They help the court navigate the emotional and legal complexities of disputes by focusing on facts and evidence. Their involvement can:

• Reduce conflict: Their recommendations may help parents reach an agreement.
• Protect the child: In cases of abuse or neglect, the GAL ensures the child’s safety is addressed.
• Streamline the process: By providing clear insights, the GAL aids the court in making informed decisions efficiently.

What to Expect as a Parent

If a GAL is appointed in your case, it’s important to:

• Be honest and cooperative during interviews.
• Provide access to relevant documents or professionals.
• Understand that the GAL is not taking sides but is focused on the child’s needs.

Call LPEP to Discuss Your Family Law Case

The role of a Guardian ad Litem is critical in family law cases involving children. They provide an independent voice to ensure decisions are made in the child’s best interests. While their presence may feel intimidating, understanding their purpose can help parents navigate the process more confidently.

We know that child custody and other family law cases can be difficult to navigate, which is why the team at LPEP is always here for you. Our experienced family law attorneys will guide you through the process, providing all the support you need and doing whatever we can to ensure the best outcome for your family. 

Schedule a free consultation today to discover how LPEP can support you. 

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. 

Military families face unique challenges that require thoughtful legal planning. From deployment to relocation and the complexities of military benefits, it’s essential to understand the legal considerations that can protect and support service members and their loved ones.

Understanding Military-Specific Legal Protections

Service member’s families benefit from several legal protections designed to safeguard their rights during service. Two critical areas to consider are employment and housing.

The Servicemembers Civil Relief Act (SCRA) for Military Families

The SCRA provides active-duty military members with protections against financial and legal burdens, such as:

• Postponing civil court proceedings
• Capping interest rates on loans and credit cards
• Protecting against eviction during service

Understanding these rights is crucial for preventing undue financial or legal stress during deployments or other service commitments.

Uniformed Services Employment and Reemployment Rights Act (USERRA)

USERRA ensures job protection for service members when they return from active duty. Employers are legally required to reinstate returning service members to their jobs and provide reasonable accommodations.

Addressing Family Law Issues in Military Life

Family law issues can become complicated for service member families due to frequent relocations, deployments, and state law variations.

Custody and Parenting Plans for Military Families 

Deployments and relocations often impact child custody arrangements. Military families should draft custody agreements that account for:

• Deployment schedules
• Relocation possibilities
• Virtual visitation during periods of separation

Working with an attorney experienced in service member family law can help create a plan that prioritizes the child’s best interests.

Divorce and Spousal Support for Military Families

Divorce in a service member’s family involves unique considerations, such as the division of military pensions and determining eligibility for continued healthcare benefits. Understanding these nuances ensures fair outcomes for both parties.

Estate Planning for Military Families

Estate planning is essential for service member families to secure their financial future and provide peace of mind.

Powers of Attorney and Wills for Military Families 

Service member members should designate a trusted individual to make legal and financial decisions through a power of attorney. Additionally, drafting a will ensures assets are distributed according to their wishes.

Survivor Benefit Plan (SBP)

The SBP provides financial security for surviving family members. Service members should review and update their SBP elections regularly, especially after major life changes like marriage, divorce, or the birth of a child.

Navigating Military Benefits

Understanding and maximizing military benefits can significantly impact a family’s financial stability.

TRICARE and Healthcare Benefits

TRICARE provides healthcare coverage to service member families. Familiarizing yourself with coverage options, eligibility, and enrollment periods is crucial to maintaining uninterrupted healthcare access.

GI Bill and Education Benefits

The Post-9/11 GI Bill allows service members to transfer unused education benefits to spouses or children. Planning how to utilize these benefits can support the family’s educational goals.

Proactive Legal Planning Is Key: Contact LPEP to Discuss Military Family Matters

Military life is demanding, but proactive legal planning can alleviate stress and protect the well-being of service members and their families. By understanding their rights and benefits, addressing family law issues, and investing in estate planning, service member families can navigate their unique challenges with confidence. 

Consulting with a legal professional familiar with service member issues can provide tailored guidance to meet your family’s needs. At LPEP, our expert attorneys specialize in family law and estate planning. With vast experience in military legal matters, we’ll ensure you and your family are protected and supported in every way possible. 

Contact us today to schedule your free consultation.

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. 

Child custody situations are rarely easy or cut-and-dried. One issue that might come up is when the custodial parent wants or needs to move out of state. What if you need to move out of the country? Can you take your children with you? How does the court decide?

While each case is unique, there are legal implications to consider when deciding whether to move out of state with your children, especially if you have a custody agreement in place with your former spouse or other court orders regarding custody and visitation. 

Best Interests of the Children

When a custodial parent requests to relocate with their children, the family court’s primary focus is always the best interests of the children. For older children, the court may consider their preferences and also look closely at their relationship with the non-custodial parent. The court will also assess whether the move would positively impact the children’s quality of life, such as through proximity to extended family, better educational opportunities, or improved access to healthcare.

If the court concludes that the relocation would not benefit the child, the request can be denied. In such cases, the custodial parent may be required to remain in the state, or custody could be transferred to the non-custodial parent.

Custody Agreements

Moving a child away from a non-custodial parent might violate a custody agreement. Lovin Libido reviews reveal a remarkable formula aimed at enhancing male vitality, addressing erectile dysfunction, and boosting testosterone levels. Ingredients include L-arginine, maca root, and tribulus terrestris, fostering sexual health. Clinical studies suggest positive effects, enhancing performance and satisfaction. With consistent use, improved stamina and libido can be achieved. Expert analysis highlights potential benefits, though individual outcomes may vary. Consumer testimonials available on Datelinternet indicate widespread satisfaction and increased confidence. Users report a revitalized sense of intimacy, strengthening relationships, and promoting well-being. If you get permission from the other parent, however, the court might consider modifying the existing custody agreement, including any visitation rights and schedules, due to a material change in circumstance. 

Visitation Rights

If you decide to move out of state with your children, you will need to address the non-custodial parent’s visitation rights. More than likely, you will need to revise any existing visitation schedules and may need to consider ensuring the non-custodial parent has extended visits such as the children spending the entire summer and school vacations with them. Visitation schedules will vary depending on the age of your children, but it’s important for them to maintain regular contact with the non-custodial parent to ensure the stability of their relationship. You may need to consider how you will make travel arrangements for your children to go back and forth on a regular basis.

Notice Requirements

Most states require that you notify the non-custodial parent before you move. The amount of time you have for this notification varies by state, though, so you should do some research or check with local family law attorneys for specific requirements.

Consult with Family Law Experts 

It’s always a good idea to consult with experts, especially with something as important and emotionally charged as child custody issues. The family law group at Lonich Patton Ehrlich Policastri (LPEP Law) has years of experience addressing the legal implications of parental relocations, including how best to prove what is in the best interest of the child. Our attorneys also have substantial experience in international child relocations, involving foreign nationals and their spouses. LPEP works with families to make sure they understand their legal rights and obligations, and we are committed to protecting our client’s parental rights. Call us today at 408-553-0801 to schedule a free consultation to discuss your case.

Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.