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Shared Physical Custody - The New Normal?

Sep 30, 2013 @ 01:31 PM — by Michael Green

As more and more parties to a divorce with children both seek to have a large role in their children's lives, many parties are now either agreeing by consent to shared physical custody or a party seeks shared physical custody.

In the past, the norm may have been that one parent was the stay at home or worked part time or was the primary nurturer. More and more often today, both parties wish to have a primacy of nurturing in their children's lives. Therefore, rather than, in terms of custody, one parent is the parent of primary residence and one parent is the parent of alternate residence, many parties are now agreeing upon shared physical custody.

The old norm often had the mother as the parent of primary residence and the father having the children for overnights on alternate weekends. 

Domestic Violence, Temporary Restraining Orders and Final Restraining Orders - What You Need to Know

Sep 30, 2013 @ 12:51 PM — by Michael Green

 

 

Domestic violence is a serious subject that needs to be addressed on many levels both legally and procedurally. Michael S. Green has had a great deal of experience with domestic violence cases and final restraining order hearings and trials.

Parties need to be aware that past allegations of domestic violence are to be considered by the Court when determining whether or not a Final Restraining Order will be issued. When filing a domestic violence complaint, prior allegations must be part of the four corners of any complaint in order to be considered by the Court.

Generally, if a client is concerned about domestic violence, they should be aware that if they feel threatened by the actions of the other party, they can file a domestic violence complaint with their local police station and/or their county family court.

 

Modification of Alimony or Termination of Alimony and Cohabitation - Motion for Modification of Alimony

Sep 22, 2013 @ 10:34 PM — by Michael Green

Modification of Alimony or termination of alimony when there is cohabitation requires a two step process. First, the party paying the alimony must prove that there is cohabitation. Upon a prima facie showing of cohabitation, the other party then has the burden to show that they are not receiving or giving support to the unrelated person that they are cohabitating with. 

Welcome To Our Blog!

May 29, 2013 @ 07:40 PM — by Michael Green

Welcome To Our Blog!