We are proud to offer a selection of blogs covering different geographies and areas of the law. Please see below for a brief description of each, or jump to our recent posts.
New Jersey Family Law Blog
Fox Rothschild's New Jersey Family Legal Blog provides practical information and useful tips related to such topics as alimony, child support, custody, parenting time, divorce, equitable distribution, prenuptial agreements, domestic violence and grandparent visitation. This blog is an excellent resource for individuals with New Jersey specific family law questions and advisors whose clients may encounter family law issues.
View the New Jersey Family Law Blog
Pennsylvania Family Law Blog
The Pennsylvania Family Law Blog provides readers with information on and insight into Pennsylvania Family Law issues, including divorce, equitable distribution, alimony, child support, spousal support, alimony pendente lite, and custody.
View the Pennsylvania Family Law Blog
Delaware Family Law & Trial Practice Blog
Our Wilmington litigators navigate through Delaware’s Family Court, Superior Court and Court of Common Pleas, providing analysis on matters, identifying new cases and developments, detailing the implications of court decisions and offering step-by-step commentary of the trial process.
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Recent Blog Posts
- Parents Cannot Unilaterally Modify Consent Orders for Grandparent Visitation As we have blogged before, in light of the Constitutional protections given to parents, grandparent visitation is very hard to obtain because the grandparents have to show harm to a child to meet their burden. What happens, however, if parties agree to grandparent visitation and the parent then either changes their mind or reconsiders decides that the grandparents shouldn’t have visitation anymore? Must the grandparents then have to prove harm, as if there never was a consent order in the... More
- Do Parents Have an Obligation to Pay for Grad School? One New Jersey Trial Court Says, “It depends” Under Current Law and the Newly Enacted Statute More and more, when discussing the payment of college education expenses with clients for their children, I am being asked, “What about graduate school?” The guiding principal behind that question, I suppose, is that, in New Jersey, it is well-settled that absent extenuating circumstances, both parties to a divorce have an obligation to financially provide for their children’s college educations. By that logic, if a child seeks an advanced degree, don’t both parties have an obligation to financially contribute to... More
- A Domestic Violence Final Restraining Order Cannot Be Entered In To By Consent On December 5, 2016, an extremely interesting reported (precedential) opinion was released by the Appellate Division in the matter of J.S. v. D.S. The opinion was remarkable for two reasons, one procedural and one substantive. On the procedural side, what was interesting was that the Appellate Division proceeded to decide the case even though the matter was settled and the parties sought to have the appeal dismissed because the Court determined that “the interests of justice require a disposition of... More
- Custody Neutral Assessments (CNA) Found Not to be Admissible as Expert Reports Custody Neutral Assessments (CNAs), a mostly South Jersey phenomenon, have been described as a supposed alternate dispute resolution program that was available for high conflict cases that were inappropriate for, or are unable to be resolved, through mediation. This program utilizes several mental health practitioners in the community who meet with the parties, discuss contested issues and make clinical recommendations to the court on how to resolve disputed issues. The way it was supposed to work is that in the counties... More
- Want To Modify Your Custody Order? The Timing Of The Filing Could Make A Difference . . . The date of the filing of a petition for modification of a custody order can be important for many reasons. For example, it sets the burden of proof. It can also provide parameters for the arguments at trial. Consider the recently decided case of Newman v. Newman, No. 119, 2016 (Nov. 29, 2016). Michael Newman and Sarah Newman are the parents of two children. After their divorce in 2010 the Newman’s were party to a series of child custody orders. These orders include a stipulation... More
- Divorce Lessons from Capt. Jack Sparrow Johnny Depp a.k.a. Capt. Jack Sparrow is in the news again, this time for his failure to pay Amber Heard a $7 million divorce settlement. Heard had promised that any settlement that she received from Depp would be donated to charity. She has chosen two charities, the American Civil Liberties Union and the Children’s Hospital of Los Angeles to be the beneficiaries of her largess. Depp hasn’t made the payout yet because he wants to pay directly to the charities... More
- Supreme Court Reverses and Remands Default Judgment Background Mr. Davis and Ms. Davis are the parents of two children. On February 14, 2016, Mr. Davis was personally served with a petition for custody of the children at an address provided by Ms. Davis. As provided in Family Court Civil Rule 16, the case was then scheduled for mediation. On February 23, 2016, the Family Court issued a notice to Mr. Davis, which was addressed to him at the same address where he received service of the petition for custody. The notice... More
- Would You Like Your Lawyer, A La Carte? I was researching material for this blog when courtesy of some “cookie” embedded in a website, I was treated to an opportunity to save substantially on my divorce legal fees by signing on for a service that offered me “al a carte” divorce services by law firms standing by to help me without the “unnecessary” cost associated with full service divorce representation. Sounds appealing, right? Why buy the whole car when only the tires need to be replaced? So as the... More
- I Want an Oompa Loompa and I Want it Now Ah, that unforgettable line uttered by Veruca Salt in Willy Wonka and the Chocolate Factory. As a matrimonial attorney, this is what it feels like we deal with quite often. But I am not referring to people just being demanding, I am talking about people making unreasonable demands, with no apparent justification in law or in fact. In fact, I have had enough of “my client just wants”, “that’s not enough” and “I know that a court would never do... More
- Interlocutory Appeals Of Discovery Orders; Curse Of The Privilege If you are a lay reader cruising the net for information about how to handle your divorce, return to your search engine now in pursuit of more fertile material. Interlocutory appeals of discovery orders can numb the minds of invertebrates. But real lawyers might be interested. In 2008 the representative of an estate (ie., dead person) brought an action for the wrongful death of his son. The action was brought against three family members alleged to be responsible for causing the... More
- Appellate Practice – What Tolls The Appeal Period? When filing an appeal timing can be everything. A prior post explored a Delaware Supreme Court decision that held that a motion for clarification does not toll the appeal period. The recent Order issued by the Supreme Court in the case of Scott v. Adams, No. 383, 2016 (Nov. 9, 2016) reminds us that motions for reargument or for a new trial do toll that period. Background On June 28, 2016, the Family Court issued its decision on ancillary matters (“Ancillary Order”) in the divorce of Laura... More
- New Jersey Superior Court Opines on a Child’s “Giftedness” in Published Child Support Ruling Many parents want to believe their children are “gifted,” but do they know that this “giftedness” may increase their child support obligations? Judge Jones’ new published (precedential) opinion, P.S. v. J.S. highlighted the distinction between a regular old “extra-curricular activity” and the pursuits of a “gifted” child, reaffirming that, where a child is “gifted,” the Court may deviate from the Child Support Guidelines to award supplementary child support in order to foster that child’s talents and providing some guidance on how the Court might... More
- Equitable Distribution Orders are Not Judgments Recently, a case came before the Superior Court addressing the question as to whether a party has the right to charge interest on unpaid portions of an equitable distribution award. The basic facts are that husband and wife divorced and the recommendation of the master requiring husband to refinance a property and pay out wife was entered as an Order of Court. Under the terms of the order, if husband had not paid the cash by a certain date, wife... More
- Facebook Antagonist Has Conviction Reinstated We’ve reported on the United States v. Elonis in the past. This case involved a Northampton County man who made a series of threats on his Facebook page directed at his estranged wife, his employer, and an FBI agent who came to investigate a threat he made to attack an elementary school. Elonis, in his defense, claimed that his posts were not, in fact, threats, but rap lyrics and forms of artistic expression. He was nonetheless charged with under 18 U.S.C.... More
- Read Mark Ashton’s Post “Listening to Your Kids During Traumatic Times” Mark Ashton, a partner in our Exton (Chester County), Pennsylvania office and former editor of our Pennsylvania Family Law Blog wrote an interesting post entitled “Listening to Your Kids During Traumatic Times” . In this post, Mark, from a child’s perspective, lists 15 things that parents going through this process should consider, as follows: As your kid, I want to love both of you fairly and equally and not have you think that my love for you diminishes my love for the... More