Legislature Ups the Ante for Parents, Relatives and Foster Parents in Child Custody cases…

Category Archives: Evidence

Legislature Ups the Ante for Parents, Relatives and Foster Parents in Child Custody cases…

Termination of Parental Rights in Child Custody cases is known as the “civil death penalty,” and as if the stakes weren’t already high enough, the Alabama State Legislature has amended the Alabama Code to up the ante for the parents, relatives and foster parents involved. It’s now more important than ever for all parties and […]

Hearsay in Child Custody Cases…

Think “he said, she said” cases are hard? Imagine if it’s “the child said” or “this other guy said” or, as is the case in a lot of DHR cases, “this anonymous caller said.” Sounds like a mess, doesn’t it? ???? That’s why we’re digging into the vault in this, the week of Foxtrot’s 5th […]

Want a fair Child Custody fight with DHR? Know this Rule…

Challenges and Opportunities for Veterans in Child Custody Cases…

Thank you, Veterans, for your service. We’re so proud and grateful for the opportunity to represent a number of mothers, fathers and relative caregivers who serve or have served in the United States military.  Each challenge in Child Custody presents an opportunity to rise to the occasion, to show resolve and fortitude. Certainly, our nation’s […]

Online “Emotional” Affair No Excuse in Recent Divorce / Family Law Ruling…

A recent case before the Alabama Court of Civil Appeals reviewed whether there is an important distinction, when it comes to fault in divorce, between intimate, online exchanges and physical consummation of an affair. If there is a difference, it wasn’t enough for the Alabama Court of Civil Appeals to overturn a harsh trial court […]

Appellate Court in Child Custody Case Upholds Right to Refuse DHR Drug Tests…

In a ruling just released on 10-18-2019, the Alabama Court of Civil Appeals overturned a trial court’s Termination of Parental Rights of a father who “routinely refused to [drug] test,” according to DHR. The Court stated that “the failure to test does not constitute affirmative proof that [someone] is using drugs.” Id est, and make […]

Dealing with DHR: a Child Custody Thought Experiment…

Ever listen to a true crime podcast? watch a true crime documentary or police procedural on Netflix? I thought so. How many times have you seen interrogations by investigators and thought, “why on Earth is this person speaking with the police without a lawyer?” And yet, with nothing less than their children on the line, […]

10 Commandments of Co-Parenting in Child Custody – 1. Thou Shalt Not Use Your Child as a Spy

This topic is so important it was one of our first Youtube videos. I’m surprised I was this chill about the subject at the time because if I made this video today I would be unlikely to suppress my rage at too many Parents, Co-Parents, and Relative Caregivers whose seemingly favorite thing to talk about, with […]

10 Commandments of Co-Parenting in Child Custody – 2. Don’t Record Conversations with Your Co-Parent

My years of legal study, my review and continuing legal education of the Rules of Evidence, but most of all, my experience as a Child Custody specialist have, over the years, developed and honed my response to a client anytime he or she tells me that they recorded a conversation or interaction with their Co-Parent… […]

Why (and when) compromise and flexibility are overrated in Child Custody and Co‑Parenting…

*          *          * Decide – to come to a resolution; from the latin de-, meaning “off”, and caedere, meaning “to cut.” *          *          * Compromise and flexibility are great assets for a co-parent in dealing with a co‑parent or relative caregiver…or are they?  Believe it or not, in certain stages of a co-parenting relationship, compromise […]