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Published on: August 9, 2021

Relocation in Child Custody

M.E.G. v. C.P., unpublished (2021).

It is not unheard of for one parent to move out of state. If the parties have minor children together, then the question is which parent is primarily going to have custody of the children. Many factors may come into play when making the determination. One set of parents in New Jersey tried to negotiate a relocation in an agreement. In this case, we see just how a court treats such agreement. Continue reading →

Published on: August 6, 2021

Child Custody and Child Support Modification

By Woodruff Family Law Group

Lewis v. Lewis, No. COA06-599

Benjamin Lewis (“Ben”) and Gina Lewis (“Gina”) married on January 1, 1994 and had two children. Ben and Gina divorced on August 17, 1998. On June 26, 1998, Ben and Gina executed a separation agreement wherein they agreed to exercise joint custody of the minor children. The separation agreement was incorporated in the divorce judgment and stipulated that the children would reside primarily with Gina and spend every other weekend and summer vacation with Ben. They further agreed that Ben would pay half of the children’s uninsured medical and dental expenses and $200.00 each month as additional child support to Gina. Both Ben and Gina went on to remarry, and as a result of Gina’s remarriage she moved to Yuma, Arizona. On August 14, 2000, Ben filed a motion in the cause seeking a modification of his visitation schedule with the minor children, asserting that a substantial change in circumstances had occurred due to Gina’s move to Arizona. Continue reading →

Published on: July 9, 2021

Custody Modification – Remember the Child

By Y. Michael Yin, JD

Handerson v. Wittig, No.COA20-924 (July 2021).

Modifications to child custody orders require a substantial change in circumstances affecting the welfare of the child. The change in circumstance is the gatekeeper. That alone will not amount to modification; the court still needs to determine if the change in circumstance affects the welfare of the child and if modification is in the child’s best interest. We see below that the Court has written about what kind of evidence is insufficient to support a change in circumstance when it fails to link with the welfare of the child. Continue reading →