Litigation
March 04, 2004
Recent cases of importance to your practice.
Gays and Adoption: the Latest in Florida
March 04, 2004
[Editor's Note: For up-to-date information on the fast-changing issue of same-sex marriage and adoption, please visit http://www.ljnonline.com/alm?map…
Can a Custodial Parent Be Forbidden to Relocate?
March 04, 2004
Parents in Georgia may need to reconsider moving out of state, or they could risk losing custody of their children. The Nov. 10, 2003 decision by the Supreme Court of Georgia in <i>Bodne v. Bodne</i>, 588 S.E.2d 728 (2003) (Benham, J., dissenting) has overruled or otherwise affected nearly 100 years of child custody law, and it has rescinded the well-established presumption that custodial parents have a <i>prima facie</i> right to retain custody.
Debts, Divorce, and Student Loans
March 04, 2004
Increasingly, family lawyers are encountering property division cases involving the equitable distribution of student loans or claims seeking equitable reimbursement for funds spent on higher education during the marriage. The statistics regarding tuition increases are staggering. According to the College Board's most recent annual survey on trends in college pricing (www.collegeboard.com), for private colleges, the average cost of a 4-year program, including room and board, is $78, 840. The average figure for in-state public universities is $18,776.
Should Forensic Psychologists Make Custody Recommendations?
March 04, 2004
As discussed in the first part of this article, forensic evaluations can have a dramatic effect on the trajectory of a contested custody dispute and, ultimately, on the path a particular child's life will take post disposition. There are many arguments against giving specific custody recommendations, eg, it has not been established that following specific custody recommendations will result in a better family situation. In addition, the recommendations are frequently deeply subjective and value-laden and the profession itself is divided on many important issues. The conclusion of this article explores the ethical concerns, professional role and positive contributions of forensic psychologists.
2004 Update: Negative Custody Evaluations and Guardian Ad Litem Reports
February 01, 2004
In the August 2003 issue of The Matrimonial Strategist, I discussed identifying and exacting information from your client that would motivate a Guardian Ad Litem (GAL) or Custody Evaluator (CE) to examine the real issues in the case and not let bias interfere with his or her assessment. (In the remainder of this article, the GAL/CE is designated female and the client male.) The article made suggestions about interviewing your client, identifying issues, and reviewing records such as those from previous court matters or medical treatment.
Litigation
February 01, 2004
The latest rulings of importance to your practice.
Should Forensic Psychologists Make Custody Recommendations?
February 01, 2004
Forensic psychological assessments are often pivotal documents that can have a dramatic effect on the trajectory of a contested custody dispute and, ultimately, on the path a particular child's life will take post-disposition. These documents are often eagerly awaited because of their potential value in providing leverage for one side over the other and for their capacity to settle cases. Clients arrive at the clinician's office often feeling as if their lives are in the hands of the court-appointed expert. Forensic reports arrive at court as documents that represent the application of a behavioral "science" and there is therefore a common expectation that the recommendations will be weighted heavily because they will go beyond common public knowledge or subjective value choices. It is the recommendations section that is often read first by those involved in the dispute because of its perceived impact. This two-part article explores the limitations and applications of forensic psychology to custody evaluations.
Move Away, Lose Custody
February 01, 2004
Divorced parents who move out of state risk losing custody of their children, according to a recent decision by the Georgia Supreme Court. The court overruled years of Georgia case law when it ruled 4-3 that custody issues can be revisited if the primary guardian decides to leave the state. <i>Bodne v. Bodne</i>, S03G0275, Nov. 11, 2003.
