Among the Ask a Divorce Lawyer questions answered today by Cordell & Cordell attorneys:

• How can I lower the amount of my pay that is being garnished?
• How long do I have to pay maintenance?
• As a grandparent, can I fight for custody of my granddaughter?
• What if we aren't asking for child support from each other?
• I've discovered the original child support calculation from 2005 was in error by over $100 per month. What can I do?
• Can I file a lawsuit against the Friend of the Court or the state for discrimination?
• Is there a law stating that either party in a divorce cannot be taken back to court until two years have passed?
• Can my ex, who has custody, leave the country with our child without my permission?
• What is the law concerning reimbursement of overpayment of child support?
• Does a smoking and drinking parent have less chance than a non-smoking, non-drinking parent at retaining custody?

Question: 

My now ex wife was having an affair with a detective while we were together. I was throwing in jail for assault charges after he visited our house while I was home. The charges were eventually dropped and I was released from jail when the judge found out about the affair. But I was hit with a huge child support order. I now have full custody of our children, and have had full custody, because she was deemed unfit. And my child support order is no longer active, but I am still being charged for what had accrued during our whole situation (60% of my weekly pay is garnished). How can I fix the situation?

Answer:

You may want to find out exactly how much you still owe the state if you do not already know. The court clerk will be able to print you out a payment history for your child support with the state. This would be helpful in the event you decide to speak with an attorney. Also helpful for an attorney to view would be the original child support order and your current financials.

You may be able to petition the court, or talk directly to the support enforcement agency, to set the percentage of your check that is being garnished at a lower level, or set up a payment plan outside of garnishment.  This would allow you to both take care of your children and pay back the state.

Without knowing all the facts of your case I cannot give you specific advice. You should not rely on this answer as establishing an attorney-client relationship, and you should contact an attorney in your area immediately for additional information and legal representation. Cordell & Cordell has many attorneys in Missouri.

Question: 

I have paid maintenance for five years. How much longer do I have to pay?

Answer: 

I cannot answer your question more specifically since I do not know all the facts of your case. In Missouri, the courts consider numerous facts in determining the amount and period of time during which maintenance will be awarded, including:

(1) The financial resources of the party seeking maintenance;

(2) The time necessary to acquire sufficient education or training to enable the party seeking maintenance to find appropriate employment;

(3) The comparative earning capacity of each spouse;

(4) The standard of living established during the marriage;

(5) The obligations and assets of each party;

(6) The duration of the marriage;

(7) The age, and the physical and emotional condition of the spouse seeking maintenance;

(8) The ability of the spouse from whom maintenance is sought to meet his or her needs while meeting those of the spouse seeking maintenance;

(9) The conduct of the parties during the marriage; and

(10) Any other relevant factors.

Unless the decree states both that it is non-modifiable and contains a termination date, the Court may modify it by using the "substantial and continuing change in circumstances" test.

Again, because I do not know the facts of your case, I cannot give you more specific advice. You should not rely on this answer as establishing an attorney-client relationship, and you should contact an attorney in your area immediately for additional information and legal representation. Cordell & Cordell has many attorneys in Missouri.

Question: 

I am a grandparent and need to know if I can fight for custody of my granddaughter. My granddaughter has been sexually abused by an uncle on her mother's side and has been in the man's presence since the abuse occurred. My granddaughter's mother and I had agreed that my granddaughter would live with me every other week to attend school. Now the mother is refusing to bring her to my home as we verbally agreed. Can anything be done?

 Answer: 

In general, grandparents do not have custody rights to their grandchildren. Verbal agreements are rarely enforceable in Court, especially when related to custody. Also, the Courts in Missouri tend to be very deferential to parents in their decisions to raise their children. However, if the parents are unfit to the point where their parental rights are terminated, the Court often tries to place the child with family members. Also, grandparents are often used as supervisors of visitation for parents who have drug, alcohol, or violence issues.

If you are concerned about potential abuse, you can call the Child Abuse Hotline in your state. You may also wish to speak with an attorney regarding what rights, if any, you may have.

Because I do not know all the facts of your case, I cannot give you more specific advice. You should not rely on this answer as establishing an attorney-client relationship, and you should contact an attorney in your area immediately for additional information and legal representation. Cordell & Cordell has many attorneys in Missouri.

William Halaz, III is a Staff Attorney in the Arnold, Missouri office of Cordell & Cordell, P.C. Mr. Halaz is licensed to practice in the state of Missouri. Mr. Halaz received his bachelor's degree in Political Science from Southeast Missouri State University. Then continuing his education, received his Juris Doctor from St. Louis University’s School of Law. 

Question: 

My wife and I are filing for a divorce.We have been separated for five years and have both moved on to new relationships. We have two kids together and wish to file for joint custody. How do we go about filling out the child support worksheet if we are not asking for child support from each other? Do I leave the pages blank with our written agreement attatched to them?

Answer:

It is good that you and your wife have settled, but I sincerely discourage you from not using an attorney.

Divorces are complicated, even if you think you know the extent of your marital property, your rights to child custody and support and what is a “good” outcome in the case. An attorney can properly advise you about your rights in Indiana, which you are not expected to know but the judge will expect you to know if you represent yourself. Would you perform your own surgery? Probably not. A divorce is a surgery from your spouse – a legal separation of the bonds of matrimony and all of the rights that tag along with it.

If nothing else, you should have an attorney thoroughly review any paperwork before you sign it. The words you use in your paperwork could have disastrous consequences. For example, “joint custody” does not mean “equal time custody” in all states, and an award of “no child support” does not mean you each waive child support for all time under all circumstances. You need specific legal terms of art to do these things. Worse yet, you cannot come back to court saying, “I did not understand what that meant” because, as the phrase goes, “Ignorance of the law is no excuse, and you sign at your peril.” That you do not know how to complete Indiana’s child support worksheets (understandably, as you are not a lawyer) tells me you could mistakes in other parts of your paperwork.

With those caveats in mind, it is important for you to complete the worksheets according to Indiana law just as though you were an attorney – you get no break for being in pro per. Since 1989, Indiana has required this worksheet. Indiana, like most states, uses a child support guidelines system. The guidelines yield the presumptive child support amount to order. Your court will only deviate from the amount if the court finds, through specific facts, that the amount is “unjust or inappropriate.” The amount may be “unjust or inappropriate” if the parents agree to pay a different amount and the court finds the agreement in the child’s best interests. However, the court must know what the presumptive amount is, in addition to the parents’ agreement. Therefore, you should complete the worksheets under the guidelines, then note that you want to deviate from the guidelines amount according to the terms in your attached agreement. This is the standard procedure in the courts where I practice, and my courts follow laws very similar to the laws in Indiana. However, you should contact your court clerk, if not an attorney near year, to be certain you complete the worksheet and attach all documents appropriately.

Keep in mind that I am a Michigan-licensed attorney. I cannot give you detailed advice about the laws in your home state, Indiana. Do not rely on this answer as establishing an attorney-client relationship, and contact an attorney immediately for case-specific information and legal representation. Cordell & Cordell, P.C. does have offices in Indiana. Thank you for submitting your question to Cordell & Cordell, P.C.

Question:

My wife and I went to the nominal hearing yesterday and afterward were told we need to file a Decision Pending Entry of Final Judgment within 30 days. We have done all of the paperwork so far but don't know how to fill this out. There are two sections: (1) Finding of Fact and (2) Ordered, Judged and Decreed. There is no contention in our case. Any help will be appreciated.

Answer:

You see, the procedure for getting from a settlement agreement to a divorce decree is complicated, moreso because most courts use the same procedures for civil litigation cases (like contract cases) and divorce cases, even when the terminology and concepts do not so easily translate. One of these procedures is the procedure for entering a judgment – many people think the judge writes them, but, actually, in most cases the attorneys do. This is why it is important to have an attorney’s assistance, or at least an attorney to review your paperwork – one missed step, and your divorce could be dismissed, and one missed word (e.g. “joint custody” or “joint and equal custody”) could have unintended, lasting consequences. 

We do not use this form in Michigan, but we use similar forms and terminology. In general, your settlement agreement goes in the “Ordered, Judged and Decreed” section, and any special findings (e.g., reasons to deviate from a recommended child support amount) go in the “Finding of Fact” section. Proceed with caution! If you reduce your settlement agreement to writing in a Judgment by “merging” it, you could lose some of your contract enforcement remedies. This is true in Michigan.  To preserve contract remedies, we “incorporate but do not merge” the settlement agreement, then attach the settlement agreement as an exhibit. Consult a lawyer near you to learn more.

Keep in mind that I am a Michigan-licensed attorney. I cannot give you detailed advice about the laws in your home state, Rhode Island. Do not rely on this answer as establishing an attorney-client relationship, and contact an attorney immediately for case-specific information and legal representation. Thank you for submitting your question to Cordell & Cordell, P.C.

Question:

I was taken to court for recalculation of child support in 2008. At that time, we found that the original child support calculation from 2005 was in error by over $100 per month. The attorney refused to take responsibility for the error. ARDC could not act on the matter, but suggested a filing a legal malpractice claim. I can't find an attorney in my area that takes these types of claims. Are my children and I just supposed to bear this burden while the attorney gets away with this? Who, specifically, can help us?

Answer:

Unfortunately, unless your damages (the money you lost) are in the thousands of dollars, you will get this response from most attorneys. Legal malpractice cases take time, research and money. The money you spend will exceed the money you could win in a lawsuit. The standards are high in these lawsuits because attorneys are afforded a great degree of liberty in managing and advocating their cases. If their work falls below the standard of care in the profession and, as a result, their clients sustain damages, then there may be a legal malpractice case. I do not know whether this is so in your case.

However, you can file a grievance with the Illinois State Bar Association. A grievance will notify the association that your attorney’s conduct may have fallen below the standard of care in the profession. The association may investigate your allegations. The association may also discipline your attorney, privately or publicly. You will not necessarily receive a financial benefit, but you will at least put the association on notice of your attorney’s conduct.  You can learn more about the association at www.isba.org.

Keep in mind that I am a Michigan-licensed attorney. I cannot give you detailed advice about the laws in your home state, Illinois. Do not rely on this answer as establishing an attorney-client relationship, and contact an attorney immediately for case-specific information and legal representation. Cordell & Cordell, P.C. does have offices in Illinois. Thank you for submitting your question to Cordell & Cordell, P.C.

Question:

I would like to know if I can file a lawsuit against the Friend Of the Court or the state of Michigan for discrimination? I had custody of my children for four years. The Friend of the Court never collected child support or taxes (state or federal) on my ex-wife for four years. Now that custody has changed, I am being overcharged in child support and income taxes being taken. I feel this is discrimination against fathers when they have custody of their children.

Answer:

You can file a grievance with the State of Michigan against the Friend of the Court – but, before you go that far, let’s see what other options you have:

Collect Support: First, if your ex-wife accrued support arrears while you had custody of your children, follow up on the arrears! The arrears do not evaporate simply because she now has custody. Call your child support caseworker at the Friend of the Court and ask for a printout from MSCES showing the balance of the arrears and how much, if any, you receive as a credit against the support you now pay. If you are not receiving a credit, ask why not. 

Modify Support: Second, if you feel your child support obligation is too high, try to modify it. By law in Michigan, you are entitled to request a child support review, without a formal court motion, once every 36 months, and the Friend of the Court must respond to your request within 14 days. See MCL 552.517. If you cannot obtain a review, consider a motion based on changed circumstances, financial hardship or reasons to deviate from your order based on “unjust or inappropriate” Michigan Child Support Guidelines recommendations.

If you intend to file a grievance, you can locate forms and instructions online at www.courts.michigan.gov. By giving you this information, I do not express any opinion that a grievance has merit.

 Keep in mind that, although I am a Michigan-licensed attorney, I cannot give you legal advice without reviewing your case thoroughly. Do not rely on this answer as establishing an attorney-client relationship, and contact an attorney immediately for case-specific information and legal representation. Cordell & Cordell, P.C. does practice in Michigan, and we would be happy to assist you.

Thank you for submitting your question to Cordell & Cordell, P.C.

Question:

I live in Michigan and I want to file divorce. I am a full-time college student and I work a part time job. My wife works a part time job as well. My wife is from the United Kingdom and has no family over here and will more then likely move home. Will I lose my home? Will my wife be awarded everything? She has no means to support herself without my family's resources. What will the court order me to pay? Can she take my son to the UK with her? What if she goes home and then I file divorce and she is not here to come to court? Will that be in my favor? How much and how long will a divorce take?

Answer:

You have several, interrelated questions here. I will try to keep my answer simple. You should sit down and discuss your case with an attorney for a thorough analysis of the laws in Michigan because I can only give you general information about those laws here. 

As for the procedure in Michigan, divorces with children have a six month waiting period. The period runs from the date you file the complaint for divorce. During that time, you will attend one or more parenting classes at the Friend of the Court, a mediation session at the Friend of the Court to decide child custody, parenting time and spousal support, a scheduling conference if your case has not settled and will go to trial, and one or more hearings to decide unsettled issues and/or place your settlement agreement on the record and obtain a judgment of divorce. If your wife does not attend, you may obtain a default against her (which prevents her from advancing her interests in the case) and, when the waiting period ends, a default judgment of divorce. 

As for your house, if you acquired it during your marriage, it is martial property subject to division. Whose name is on the title is not dispositive. Although your father purchased the house, presumably he did so as a gift to you and your wife – i.e., a gift to the marriage. That suggests the house is marital property. In general, Michigan awards marital property to each spouse under the “equitable distribution” scheme. This means, each spouse’s share post-divorce must be “roughly congruent.” This does not mean, however, that you split each item of property equally. It means that the overall outcome must be congruent. For example, you could take the home and your wife could take the car, a bank account and the home furnishings. 

As for child custody, in Michigan the divorce courts must consider the following factors:

(a) The love, affection, and other emotional ties existing between the parties involved and the child.

(b) The capacity and disposition of the parties involved to give the child love, affection and guidance and to continue the education and raising of the child in his or her religion or creed, if any.

(c) The capacity and disposition of the parties involved to provide the child with food, clothing, medical care or other remedial care. . . .

(d) The length of time the child has lived in a stable, satisfactory environment, and the desirability of maintaining continuity.

(e) The permanence . . . of the existing or proposed home or homes.

(f) The moral fitness of the parties involved.

(g) The mental and physical health of the parties involved.

(h) The home, school, and community record of the child.

(i) The reasonable preference of the child, if the court considers the child to be of sufficient age to express preference.

(j) The willingness and ability of each of the parties to facilitate and encourage a close and continuing parent-child relationship between the child and the other parent of the child and parents.

(k) Domestic violence, regardless of whether the violence was directed against or witnessed by the child.

(l) Any other factor considered by the court to be relevant 

You will find the same or similar factors in most states.

One common factor is “health” or “fitness,” which may apply in your case because you mention that your wife has no resources and is, apparently, dependent. This is an amorphous factor that only impacts the decision if it affects the children. For example, a moody mother who is an excellent mother nonetheless will still receive custodial time, whereas a moody mother who lies to the court to alienate her children from their father will probably receive less. If the parents are equal on all other factors, this may be the dispositive one.  Courts must also analyze each parent’s proposed homes for the child, each parent’s willingness to foster and encourage a relationship between the child and the other parent, the child’s affection with each parent, any domestic violence, any physical, mental or moral impediments to parenting, and “any other factor” relevant to the family. See, for more information, the Child Custody Act of 1970, MCL 722.21 et seq.

As for your wife taking your child back to the United Kingdom, Michigan is presumably your child’s home state and the United States your child’s home country. Has the child resided here since birth, the last six months or at least a “significant” time period? I assume so. Therefore, under the Uniform Child Custody Jurisdiction and Enforcement Act and the Hague Conventional on the Civil Aspects of International Child Abduction, arguably Michigan is the proper jurisdiction to decide child custody, parenting time and child support. If your wife moves with your child, you and your attorney could look to these laws to support a motion to return the child to Michigan. Once Michigan has jurisdiction, Michigan retains continuing exclusive jurisdiction over these issues until released or until the child reaches age 18 – which means it is usually better to file for your divorce in Michigan at the outset and secure that jurisdiction that risk your wife moving to the United Kingdom, filing there and forcing you to bring a motion to return your child, then re-file here – or risk that she absconds and you can never find your child. 

As for spousal support, there is no “bright line” rule for awarding support. Nor is the there a support calculator, as there is for child support under the Michigan Child Support Guidelines. Instead, the divorce court will award support (if at all) based on the recipient’s “need” and the payor’s “ability to pay,” considering, inter alia, each party’s age, health, employability, income, debt, standard of living and resources post-divorce and the length of the marriage.

As for your assertion that Michigan is a “Women’s State,” I am not sure where you got this impression. In my experience, it is not true so long as your have an attorney skilled in representing men to advocate for you and to advance your interests effectively. Michigan barred presumptions for women as caregivers or spousal support recipients several decades ago.

Keep in mind that, although I am a Michigan-licensed attorney, I cannot give you legal advice without reviewing your case thoroughly. Do not rely on this answer as establishing an attorney-client relationship, and contact an attorney immediately for case-specific information. Cordell & Cordell, P.C. does practice in Michigan, and we would be happy to assist you. Thank you for submitting your question to Cordell & Cordell, P.C.

Jennifer M. Paine is an Associate Attorney in the Detroit, Michigan office of Cordell & Cordell P.C. She is licensed to practice in Michigan, and has been admitted pro hac vice in Illinois, Ohio, and the United States Court of Federal Claims. Ms. Paine received her BA in English and Mathematics from Albion College and graduated Summa Cum Laude. She received her Juris Doctorate from MSU College of Law and graduated Summa Cum Laude.

Question:

Is there a law stating that either party in a divorce cannot be taken back to court until two years have passed from the date of the divorce?

Answer:  

The Tennessee Rules of Civil Procedure govern how litigation is handled.  Nothing in theses rules prohibit a party to a divorce proceeding from going back to court within two years of the final decree for divorce.  

Actually, it is not uncommon for parties to be back in court for a variety of reasons within two years.  For example, modification of child support or relocation of one of the parties with children are just two reasons why parties would need to return to court within two years.

Question: 

My son’s mother left me with our son in Oregon when she vacationed in California and is now living there permanently. We have joint custody of our son though there is a history of drug use around him where police were involved and a DHS investigation. My son, who is 5, barely wants to speak to her, and now his mom and her boyfriend have made physical threats to me if I don’t force our son to talk on the phone more and to send him down to visit them over spring break. My son doesn’t want to go, and is even in therapy due to some of the things that happened when his mom lived here. 

Where do my rights stand since she left him with me? Is there a way for me to get full decision making rights on when he visits? Is there a way for me to get full custody since she left the state?

Answer: 

I must preface my answer that I am not licensed to practice in Oregon.  Each state has statutes that govern child support.  You should consult a family practice attorney in Oregon before proceeding.

If your wife chose to move to California even though she has joint custody of your son, this could be used as evidence that you should be granted full custodial rights if you choose to petition the court.  Additionally, her behavior would be used as evidence as well. 

Based on the facts you have given, I am not sure what the parenting agreement is between you and your son’s mother.  If she has parenting time in place for Spring Break according to your agreement then you may need to petition the court for relief and ask that your son not be required to spend time with his mother based on her actions.  If no agreement is in place, then no need exists for your son to go visit California.  Your wife could return to Oregon.  It all depends on an agreement and what it says.

Question: 

In our divorce papers, it states the mother must reside in North Carolina. We were divorced in Louisiana. Now she wants to move to Puerto Rico for a calendar school year with our 6-year-old son who she has custody of. Can she do that without my permission, or does she need my consent?

Answer:  

I must preface my answer that I am not licensed to practice in North Carolina.  Each state has unique laws in place that govern parental rights.  Cordell & Cordell has several highly qualified attorneys practicing in North Carolina that can assist you.

Based on the facts that you have given me, North Carolina may be the most logical place for you to pursue court action to prevent you wife from relocating to Puerto Rico.  You may be fighting an uphill battle based on the fact that you already live some distance away.  Most states have statutes in place that prevent a parent from moving with the child over 100 miles away without very compelling reasons.  Since your wife already lives 100 miles away I am not sure how a court would approach your situation.  Also a court would consider your wife’s reasons for moving from North Carolina to Puerto Rico.  Employment opportunities and presence of family are two compelling reasons to move.  With all that said you can always petition a court to oppose the relocation of your spouse with your child.  However, the outcome depends on the facts of each case.

Steven “Lee” Akins, Jr. is a Staff Attorney in the Memphis, Tennessee office of Cordell & Cordell, P.C. Mr. Akins practices exclusively in the area of domestic relations. He received his BBA in Finance from Southern Methodist University and continued his education to receive his Juris Doctor from Texas Wesleyan University.

Question: 

I have a child support order drafted by the courts in 2007. It has not been changed, but it is handled through the DCSE office and my ex is not current in the support. My son needs braces that cost $5,000, but my ex says she won't pay. Is the cost of the braces able to be added to the support? How should I go about getting the money to pay for it? The order does state that she has to pay half of all uncovered medical and dental. 

Answer:

Each state has different laws governing child support.  I do not practice in Virginia so I can only speak to general practice.  It is important that you contact a domestic litigation attorney licensed in Virginia as the answer applying the laws in your state may differ from what I reference below.

First, you explain that your ex is not current in her child support; is she unable to pay or just not willing to pay?  If she is able to pay and is choosing not to pay her Court Ordered child support, then you may be able to petition the Court for a Finding of Contempt of Court.  When a party intentionally violates a Court Order, the Court could find the party in contempt which is punishable by a fine and/or jail time.  If she wants to avoid the punishment, your ex would be required to pay the past due support.  If however your ex is unable to pay support, she might not be held in contempt because her failure to pay may not be intentional.  Even if she is unable to pay support on a monthly basis, you should still contact DCSE as you may be able to intercept any tax returns she files which would be applied to her past due support.

Second, you do not know what to do about the upcoming expenses for braces.  You have an Order which requires each of you to pay half of all uninsured medical and dental expenses.  If the braces are necessary, then this would be a dental expense that you each would have to pay half for.  You need to review your original Order which should detail the process for payment of the uninsured expenses.  Often times, one parent pays for the expenses and the other parent has to reimburse within a set period of time. If she does not reimburse you, you could take her back to Court which could result in a Contempt finding as I indicated above or a support order on top of her child support order which would be a monthly payment to you to reimburse you for half of the expenses.  You need to contact an attorney however prior to incurring the cost of braces.  The Court may find that the braces were a voluntary decision which may require your ex’s consent prior to incurring the expense. 

You should be sure to bring a copy of the Order with you so that your attorney can discuss your options for enforcing the Order.

Erica Christian is an Associate Attorney in the Milwaukee, Wisconsin, office of Cordell & Cordell, P.C. She is licensed to practice law in the state of Wisconsin. She is a member of the Wisconsin Bar Association, the Family Law Section and the Children’s Law Section.

Question: 

What is the law concerning reimbursement of overpayment of child support? My ex admitted in Court that he knew about the overpayment and allowed it to go on for 3 years because he couldn't afford an attorney to fix it.

Attorney:

First let me preface my answer by stating that I am not licensed to practice in Indiana, although Cordell & Cordell, P.C. does have licensed attorneys in Indiana that would be happy to discuss your case with you. 

In most states overpayment of child support should be refunded to the party paying the child support, since the payment is above and beyond what is ordered by the Court. However, this refund is not automatic, most likely you would need to ask the Court to order the refund for the overpayments or allow a credit for future child support to be taken out of the overpayments in child support.

Jason Bowman is an attorney in the Louisville, Kentucky office of Cordell & Cordell, P.C. He is licensed in the states of Kentucky and Texas. He received his Bachelor of Science in Business from the University of Louisville, and received his Juris Doctor from Texas Wesleyan University.

Question:

My marriage is about to end and we have a 2-year-old daughter that I don't believe her mom is an adequate enough provider to have her. Does a smoking parent have less chance than a non-smoking parent?  What about alcohol us?  Also what if the majority of the child's family is in one area, however one grandparent is 7 hours away and that is where my wife will go after the divorce?  Does that factor into the equation?

Answer:

I must preface my answer I am licensed to practice law in Nebraska, and because you are in Colorado, I can only give you general information. Cordell & Cordell maintains offices in Colorado and I would suggest you meet with one of our qualified attorneys before taking action. 

It sounds like you are alleging that the mother is unfit because she smokes and drinks. Adults are allowed to partake in adult activities, so long as the welfare of the child is not affected. Think about how your wife’s smoking and drinking affects your daughter. Does she constantly smoke in the house? Does your daughter have asthma or chronic chest problems?  Does your wife take your daughter to the bar with her, or does she come home drunk and then attempt to care for your  daughter? Does she drink excessively around your daughter? It’s all about the extent of the behavior and the duration. A few serious episodes can be just as serious as a long history of moderate behavior. However, if she controls her behavior and doesn’t’ expose your daughter to it, then it won’t be much of a factor. It is likely each judge will have his or her own opinion on just how bad ‘bad’ behavior needs to be before it has an effect on parental fitness. An attorney familiar with the judges in your district can be a strong ally.

As for the move, the judge will decide custody based on the standard called the ‘best interests of the child’. The factors that make up that standard vary from state to state. Colorado might require the judge to consider whether or not the child has extended family, whether that extended family was active in raising the child, and whether or not awarding custody to one parent over the other would have a negative affect on that relationship. The caveat here is, even if that is a factor, it will be just one of many factors. How much weight the judge gives it will depend on your case as a whole and will likely vary widely from judge to judge.

Nancy R. Shannon, a Nebraska native, is an Associate Attorney in the Omaha, Nebraska office of Cordell & Cordell, P.C. She is licensed in the state of Nebraska where her primary practice is exclusively in the area of domestic relations. Ms. Shannon received her Bachelor of Arts degree from Doane College and her Juris Doctor from University of Nebraska – Lincoln, where she was a finalist in a Moot court competition and active in Client Counseling activities.