Q) How can I keep my child’s biased therapist away from my social investigation? I’m afraid their opinion could damage my case in the social investigation since they favor my former spouse. A) You may want to discuss the pros and cons of requesting an order from the judge that could potentially order the child’s “Psychotherapist Patient Privilege” be protected during the course of the social investigation. As there are many pros and cons to put this kind of order in place, it is important you explore the possible effects of this on your case. Putting such an order in …

After receiving the results of a parenting evaluation, which likely includes recommendations for timesharing and decision making responsibilities, many parents are left feeling speechless and shocked by the clear signs of biases found throughout the final report. This is because, the reality is, that the results of a Social Investigation (previously referred to as a “child custody evaluation”), often hold a tremendous amount of weight in the courtroom. This fact is especially true if the outcome of the report is not properly challenged by the less favored parent and their attorney. There are many warning signs that should alert unfavored …

Several weeks ago, a guy in a pickup truck came flying down the dirt road that leads to my house and as he reached the soft bend in the road, he lost control of his car and plowed directly through my fence. Without slowing down at all, he sped through our front yard and came way too close to hitting my husband and our two precious little boys, who were all playing together outside. It didn’t end with that though, surprisingly, the man decided that he wasn’t going to stop and take responsibility for what he had done. Instead, he …

As a father involved in a child custody dispute, you may feel nervous when thinking about the possibility that some child custody evaluators and judges could hold antiquated and inaccurate belief that men are less capable of providing nurturance than the mother, or that your bond is somehow less important than the child and mother’s. History Before the eighteenth century, a father who divorced his spouse had property rights to not only any marital asset, but his children as well. During the 19th century, thing flipped when the Tender Years Doctrine came out. In this doctrine, a mother would get …

When going through a divorce, if it has become abundantly clear that you and your ex are not able to come to an agreement regarding post-divorce parenting plans, families can ask the Court to order a child custody evaluation, also referred to as a social investigation, to occur, in order to help the Judge make an informed final decision. Because these evaluations can literally change the outcome of a case, careful consideration must be made prior to agreeing to a forensic psychologist.  Once the order has been signed by the judge, the evaluator cannot be replaced and you are stuck with them, despite concerns that may arise as the investigation is taking place. At our …

One of the hardest tasks that parents face when going through the divorce process is creating a parenting plan that works for the children and both of the parents. To complicate matters, if one parent decides that it is necessary to move a significant distance from the other, the ability to negotiate details and compromise on small issues diminishes. Bottom line – one parent often feels as if they are getting the very short end of the stick. The idea of being physically far from one’s child can evoke some very STRONG emotions, so naturally, these cases tend to be …

Best Interest Factors for Interstate Relocation Disputes When dealing with an interstate relocation dispute case, it is very important to be aware and familiar with the “best interest of the child” factors for all states involved. Each state has unique “best interest” factors that they believe play an important role in keeping children safe in their state. These factors also play a major role in relocation disputes when the court must make a decision about which services to provide, what action to take, and which intervention to implement. The term “best interests of the child” refers to the long and …

Among many other states, Florida has taken a strong stance when it comes to protecting innocent children from being exposed to those who have been accused of sexually abusing them. In 2007, The Keeping Children Safe Act was adopted in the Florida legislative session and was intended to be utilized when a child’s parent, relative, or caregiver has been accused of any form of sexual abuse. The Act demands that until the matter can be presented in a court hearing, protective actions must be put in put in place to prevent the child from potentially being re-exposed to any further …

Parental Alienation & High Conflict Divorce:  Without question, the break up of a marriage creates an overwhelming amount of stress, even during ideal circumstances. When you add kids in to the mix, the new source of concern typically (and appropriately) shifts away from the parent’s own feelings and instead becomes centered around making sure that the children are “okay”, without any long term emotional damage. Unfortunately, divorcing parents don’t always have the luxury of dealing with the “ideal” former spouse, and some are so misguided or irrational that effective communication is nearly impossible . When attempting to co-parent, some parents …

Relocation Disputes Information about post-divorce families that plan to move, how to have a healthy long distance co-parenting relationship, and tips to prevent parent/child relationship breakdowns. In today’s day and age, many divorced families will find themselves far from one another due to various reasons, such as job changes or the desire to move closer to relatives. For this reason, relocation disputes are becoming much more common, especially in families where one or both parents lack the appropriate co-parenting and communication skills necessary for this situation. Relocation Disputes involve one parent requesting to move with the child(ren) a substantial distance …