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Parental Interference and the Material Change in Circumstances Standard

by Morgan Smith | Oct 15, 2015 | Post-Divorce Modification

One of the reasons it is so important to properly document parental interference is that it can be used as grounds for a finding of material change in circumstances in contested post-divorce custody modifications. In S.A.M.D. v. J.P.D., a Father filed a Petition to...

Court Affirms Ruling No Material Change

by Morgan Smith | Sep 7, 2015 | Contested Divorce, Divorce Lawyer, Post-Divorce Modification

The Court of Appeals has affirmed a ruling finding there is no material change of circumstances in a case where the parties had joint parenting time and a child wished to move in with the other parent on a primary basis. JOSHUA TIMOTHY CANADA v. TONYA MARIE CANADA out...

Ashley Madison Info Finally Leaked

by Morgan Smith | Aug 19, 2015 | Contested Divorce, Divorce Lawyer, Post-Divorce Modification

It has finally happened!  The Ashley Madison info has been leaked.  This is very interesting for divorce lawyers.  The information was collected through illicit means, are we going to be permitted to use it in court?  What happens if we had previously subpoenaed the...

Ashley Madison and your Divorce

by Morgan Smith | Jul 21, 2015 | Contested Divorce, Post-Divorce Modification

Allegedly, hackers have broken into the website database of AshleyMadison, which is a website designed to help people have extramarital affairs.  The AshleyMadison tagline “Life Is Short. Have An Affair” may not seem as funny if 37 million cheaters get outed on the...

Equal Parenting Time

by Morgan Smith | Jun 21, 2015 | Contested Divorce, Family Law, Post-Divorce Modification

The new laws promote maximization of the parenting time of both parents, which results in more hands-on parenting time for both parents.  It is easier to get week to week parenting time than it used to be, especially where the parent who primarily cared for the child...
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