Child Custody

Can My Ex-Spouse Take Our Children Out of State?

Published on: June 13, 2018 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What children’s expenses are not covered by child support?”

Divorce is difficult. You and your soon-to-be ex-spouse are thrust into figuring out marital assets, spousal or alimony payments, and often coming to child custody agreements. Parents want what is best for their children and tend to be sensitive to their children’s feelings and needs during a divorce. In some cases, one of the spouses might want to move out of state. In those instances, there are special considerations for the children involved, which depend on the custody arrangement and any restrictions set forth by the applicable statute.

Arizona Considers New Law Regarding Frozen Embryos

Published on: March 14, 2018 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “Who pays for the children’s health insurance and co-pays?”

It is clear that the rules surrounding the use of frozen embryos created as part of the in vitro fertilization, or IVF process are confusing. Couples often wonder whether agreements made prior to undergoing IVF will be deemed enforceable or whether they will instead be forced to fight it out in court with their ex-spouse over ownership of the frozen embryos. A recent series of legal events in Arizona further throws the issue into doubt, raising real questions for those considering IVF in the state.

U.S. Supreme Court Refuses To Hear Challenge To Gay Parental Rights Case

Published on: March 7, 2018 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What can I do to gain custody of my child in North Carolina?”

The U.S. Supreme Court recently handed down an important victory for supporters of gay parental rights. How did they do that? By remaining silent. The case before the court concerned a lesbian couple in Arizona fighting over custody of their son. The case has been slowly making its way through the court system for years. An appeal was filed to the U.S. Supreme Court after a landmark decision last year by the Arizona Supreme Court, which abolished discrimination between gay and straight couples under state law. The worry by some was that the U.S. Supreme Court would agree to hear the case and potentially disagree with the state court. That did not happen, instead, the Court rejected the appeal, giving no reason for the decision.

Iowa Supreme Court Resolves Case Concerning Surrogacy Contracts

Published on: February 21, 2018 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What children’s expenses are covered by child support?”

The desire to have a child of your own is a powerful one for many people. Though most are able to do so easily, there are many couples who cannot. Either due to age or infertility, it is not always an option to simply go out and have your own biological child. It is for this reason that some couples begin considering alternatives, including hiring a surrogate. Those who go down this road are required to put great faith in not only the woman chosen to act as a surrogate, but also in the legal system to ensure their rights are protected.

Mississippi Woman Sues For Parental Rights

Published on: December 6, 2017 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What can I do to gain custody of my child in North Carolina?”

What is a mother? A father? A parent? Though these concepts have long avoided detailed examination by the courts, times are changing and specific definitions will need to be created or, in some cases, changed. As states continue to feel the impact of the Obergefell same-sex marriage case, they have found themselves increasingly drawn into disputes regarding what makes someone a parent, something that requires the courts to lay out a more precise and potentially different definition than in years past.

Chicago Finally Abolishes Dual-Track Family Law Court

Published on: October 11, 2017 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What can I do to gain custody of my child in North Carolina?”

Legal battles over custody and child support are miserable for everyone involved. They take time, money and create enormous amounts of stress given the importance of the subject matter: your kids. Though unpleasant, the process should at least be uniformly unpleasant, meaning that everyone suffers equally as these issues are resolved. In Chicago, an outdated court system meant that not all family law issues were handled the same way, putting some families in a better position than others. Thankfully, that two-track system has finally been abolished and all family law matters will be resolved by one unified domestic relations court.

Chicago Judge Tackles Problem of Incarcerated Divorce

Published on: September 13, 2017 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What is an Absolute Divorce?”

It is something that very few people give much thought to: divorce behind bars. Though it seldom makes it on to most people’s radar, it can present enormous problems. Getting divorced while incarcerated is difficult if not outright impossible in some instances. This can mean that many resign themselves to being trapped in bad marriages or stuck with unresolved custody issues, which can create hopelessness among those already struggling to hold onto dreams of their future.

New Jersey Supreme Court Breaks Precedent In Recent Ruling

Published on: August 23, 2017 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What can I do to gain custody of my child in North Carolina?”

When it comes to custody issues during and after a divorce, it can be very hard for families to navigate the complexities of two parents, two homes and multiple opposing ideas of what is right. One of the most difficult custody issues to resolve is when one parent decides to relocate out-of-state, something that forces a court to upend the previously agreed to parenting plan.

Jail and divorce

Published on: July 12, 2017 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What is an Absolute Divorce?”

If you have been through a divorce you understand that interaction with the legal system is a requirement. No matter how agreeable you and your ex might be, a judge will still have to be involved. Someone, maybe not you, but your attorney, will have to set foot in a courtroom. Formal papers will need to be submitted to clerks. Hearings and deadlines and other judicial-related hoops will need to be jumped through. And that’s if things are reasonably cooperative. If you and your ex are at each other’s throats the justice system can become much more invasive.

What does and (doesn’t) happen if your divorce case goes to trial?

Published on: June 28, 2017 | On behalf of Arnold & Smith, PLLC

Board Certified Family Law Specialist Matt Arnold answers the question: “What is an Absolute Divorce?”

Many people have skewed views of what happens in a courtroom. Television and movies have done a disservice to our understanding of what really goes in when you’re in front of a judge. We expect fireworks, tears, shocking revelations, audible gasps from the jury and if we don’t get it we’re disappointed. The reality is that in the vast (and I mean vast) majority of cases, you’re simply trying to hold people’s attention. Just as one example, discovery obligations and rules of evidence make it unlikely that surprises will occur, both sides usually see any “surprise” coming long before it’s ever presented in court.