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.
View the Delaware Family Law & Trial Practice Blog
Recent Blog Posts
- Don’t Forget To Celebrate – May Is National Foster Care Month By the President of the United States of America A Proclamation During the month of May, we observe National Foster Care Month and we celebrate those who have opened their homes and their hearts to children in need and those who have devoted their careers to serving America’s foster youth. Americans throughout the country are serving their communities as foster parents, mentors, respite care providers, and volunteers. In the last year alone, America’s foster families opened their homes and hearts to more than... More
- How Can The Answer Be No Before You Know What The Question Is? We have all had those cases where any request that we made, big or small, has been rejected by the other side and any requests that our client has made to her/his spouse is similarly rejected. They don’t agree to informally provide discovery that they will eventually have to provide formally (and then maybe even not then). They won’t agree to a mediator because you proposed him or her. They won’t agree to a joint expert, for the same reason. ... More
- Support Persons In Family Court The Delaware Constitution, Delaware Code and the court rules specify whether Family Court matters are open or closed to the public. If a matter is closed, generally only the parties, their legal counsel, and their witnesses are allowed to be present. The Court understands, however, that litigation can be stressful. In some cases, the presence of a someone to provide moral and/or emotional support can be helpful to a litigant. To that end, the Court recently created a process to assist litigants in requesting the attendance of a support person in closed proceedings. Additional... More
- Could Service of Process Via Facebook Be the Way of the Future? Ah, technology. In this modern world, we navigate the roads on our phones instead of a map. We talk to a cylindrical tube to tell it to order more toilet paper for us, tell us the weather, read us the news, or turn on the lights. We don’t remember anyone’s phone number because they are all stored for us on our phones. And we obtain personal jurisdiction over an out-of-state defendant via Facebook. The legal world is, perhaps, notorious for its... More
- Court Appointed Special Advocates Needed! Prior posts have addressed the important role of child advocates in Family Court. CASAs, or Court Appointed Special Advocates, are one example of the wonderful advocates who volunteer their time to represent Delaware’s children in Family Court. Across Delaware, over 200 volunteer Court Appointed Special Advocates (CASAs) build close relationships with and serve as one-on-one advocates for children in foster care. The CASA program recruits and specially trains these volunteers from the community, who are then appointed as advocates by a Family Court Judge. The CASA... More
- I’m Not a Bad Parent but I Play One on YouTube While Alex Jones was the most recent high-profile example of a controversial public persona creating very personal and private problems, he is certainly not alone. Similar in theme, but not in execution is the case of the Michael and Heather Martin who are described as “YouTube stars” and post to a channel with over 760,000 subscribers. Their shtick is to torment their five children (three together; two are Michael’s kids from another relationship) by, “verbally [berating them], frequently to the point... More
- Your Divorce Is Not a Community Event We live in an age of instant information where there is constant temptation to share what one is doing and thinking. We are used to sharing our experiences and thoughts freely. The temptation becomes even greater when we are in times of stress. And, while this is a universal tendency that has always been prevalent, today we have a new means of making our thoughts known; through electronic writing. A recent case outside the domestic relations realm informs us of the... More
- Public Persona And Custody The Delaware Family Court decides custody and visitation actions based on the best interests of a child. To make that determination the Court must consider specific factors listed in Section 722 of Title 13. In addition, the Court may consider any other relevant information. What is relevant is a case-by-case analysis. For public figures like Alex Jones public statements or their public persona could be relevant. A recent post by Aaron Weems, a Partner in our Blue Bell, Pennsylvania office, examines the... More
- Same Sex Common Law Marriage Established by Superior Court Since the striking down of the Defense of Marriage Act by the United States Supreme Court, many state courts have been trying to fill in the legal vacuum created between the legality of same-sex marriage and the lack of codified law through legislation. Though many Courts of Common Pleas have taken on issues, it really requires good appellate decisions to establish precedential authority on an issue. This can take time since it requires the confluence of good facts applied to the... More
- The Other Defendant: The Impact of Public Persona in a Custody Trial Child custody cases turn on the court’s determination of the child’s best interests. As defined in Pennsylvania, this means having the judge apply evidence to Pennsylvania’s sixteen (16) custody factors and render a decision. Evidence for a trial can come in a variety of ways and, with increasing frequency, the role of social media and public statements are among them. Periodically, a case involving a public figure forces the courts to consider when an individual’s “public persona” or public statements... More
- Modifying Unmodifiable Agreements A standard provision in most written agreements establishes that no modification of the agreement shall occur unless the parties do so in writing (and usually notarized to avoid fraud). Recently, however, I confronted the issue as to whether or not a party may make a valid oral modification of a provision of an agreement. In other words, was the “all modifications in writing” provision of the agreement as ironclad as it appeared? The issue stemmed from the reimbursement of expenses related... More
- Custody Standing Wars- Chapter 2 The leading case from last year in family law was the Supreme Court’s decision in D.P. v. G.J.P. 146 A.3d 204, holding that Pennsylvania’s grandparent custody statute offended principles of privacy and was partially if not wholly unconstitutional. This was an odd turn, in an age when it seemed as if more and more people were eligible to claim custodial time or rights related to children. But the decision earlier this month from the Superior Court in K.W. v. S.L. &... More
- Custodial Ménage A Trois This week we see a new case from a trial court on Long Island, which held that folks who adopt an open marriage that produces children might find the custody courtroom doors open when parts of the relationship have closed. Follow along carefully. It is a bit more “complicated” than you might expect. Dawn and Michael Marano are married in 1994. In 2001, they form an intimate relationship with a neighbor Audria Garcia. The Michael/Audria relationship (yes, the extramarital one) yields... More
- Summer Is Coming – It’s Not Too Late To Plan for Summer Camp 123rf.com For many children the best part of summer is summer camp. Camps can provide the opportunity to learn everything from computer skills to surfing. And, as the saying goes, summer camp is the place where strangers become friends and friendships last forever. For many divorced or separated parents, planning to send a child to summer camp requires additional consideration in order to coordinate schedules. To that end, many custody orders provide timelines for discussing plans or selecting contact weeks. Under the current Delaware Contact Guidelines, the... More
- The Expansion of Tri-Parenting Last year I blogged on tri-parenting, or the concept whereby three parents agree to raise a child or children together as a family, with regard to the published New Jersey trial court decision of D.G. and S.H. v. K.S. My previous blog post can be found here. In that matter, D.G. and his husband, S.H., along with their friend K.S. embarked on a journey of conceiving and raising a child together. The parties agreed to use D.G.’s sperm and K.S.’s egg,... More