Canning v. Canning and the Question of Constructive Emancipation

canning-constructive-emancipation“THIS MATTER having been brought before the Court by way of an Order to Show cause filed by the Plaintiff, Rachel Canning, represented by Tanya N. Helfand, Esq., and notice having been provided to the Defendants, Sean Canning and Elizabeth Canning… ORDERED that the parties shall provide trial briefs to the court and counsel which shall include a discussion of constructive emancipation…”

So, what exactly is “constructive emancipation” and why might the Courts be asking for a discussion of this for the “gone viral” New Jersey Canning v. Canning case? Read more

Kids, Sports and Divorce: How Can Co-Parents Support Their Child’s Olympic Dreams?

Olympic champion Michael Phelps was raised by his divorced single mom Debbie; the parents of Apolo Ohno, the most decorated Winter Olympics athlete in history, divorced when their soon-to-be speed skater was just a baby. Believe your child has what it takes to be a future Olympian? Here’s how divorce can affect who foots the bill for coaches, lessons, and equipment — and what you can do to help your child go for the gold, no matter what the state of your marriage. Read more

Tori Spelling: It’s All About The Kids 

Separation rumors have started to swirl around Tori Spelling and husband Dean McDermott after reports of infidelity on the part of McDermott surfaced in December. The couple have four children — Liam, 6½, Stella, 5½, Hattie, 2, and Finn, 15 months — and according to sources close to Spelling, her main goal right now is to keep her marriage intact for the sake of her family.  Read more

Determining NJ Jurisdiction in Interstate Child Custody & Support Disputes

In celebrity news, the child custody rift between Jersey Shore reality star Pauly D and Amanda Markert, the mother of his 5-month old daughter Amabella, has pushed into the spotlight the issue of what happens in complex child custody disputes in which a child’s two parents live in different states. Pauly D, based on reports, appears to be a legal resident of either Nevada, where he regularly works as a DJ on the Las Vegas club scene, or Rhode Island, where he owns a home. Markert is a lifelong resident of New Jersey, where Amabella was born. According to various news sources, Pauly D would prefer to file for sole custody of his daughter in Nevada, while Markert allegedly plans to take him to court in NJ to settle their matters. Read more

Charlie Sheen Custody War Shines Light on Role of Psychological Evaluators

It’s hard to miss the headlines this week concerning the all out war brewing between actor Charlie Sheen and his ex-wife Brook Mueller over the custody of their twin sons, Bob and Max. Among Sheen’s accusations are allegations of disregard for the children’s safety during visits with their mother and refusal on the part of Mueller to obtain psychological counseling for the boys, despite documented behavior problems.

While the details of the Sheen-Mueller dispute are complex, it also shows that serious child custody and child welfare issues can crop up anywhere, no matter what your income or profession. Sheen and Mueller are battling through the California courts, but what if a similar situation were to occur between two parents living in New Jersey? Read more

Making Child Custody Exchanges Work for Everyone

After a child custody matter is settled and a parenting time plan is put in place, for many parents, this is where the hard work of co-parenting truly begins. If you and your former spouse or partner still aren’t on the same page, or there is still animosity between the two of you, one place where this tension often becomes a disaster waiting to happen is during child custody exchanges. Your ex-spouse may be running late, or the pick up time suddenly doesn’t work with your schedule, your child is clingy, or just the sight of this person still makes your blood boil — and the feeling is mutual. How do you get around these type of issues to make child custody drop offs and pick up more peaceful and safe for everyone? Read more

What’s the Difference Between Physical and Legal Custody?

transgender children

Many people assume that child custody is a single issue, but in reality, child custody is a multi-layered issue with a number of different components that will need to be determined when parents separate or divorce. For example, will a parent seek physical custody or legal custody, or both? And who will hold the custody? Will it be shared (joint) by parents or will one parent be awarded sole custody? What about visitation? Read more

Vacation Planning for Divorced Families

It’s your weekend for visitation and at the last minute, you decide it would be fun to head down to Washington D.C. to see that new exhibit at the Smithsonian. Can you just pick up and go, or do you first need approval from your child’s other parent? Read more

E-Visitation: NJ Bill Allows Skyping and Texting to Count as Parenting Time

Tom Cruise has taken a lot of heat for not seeing daughter Suri in the flesh over the past two months, though the two talk on the phone and video chat “at least once a day,” Cruise’s lawyer confirms. This has led some to speculate that perhaps Tom’s visitation with Suri may be extremely limited. Or is it? Following the lead of other states, a new bill before the New Jersey Assembly (Bill No. 2388), will allow telephone, email, texting, video conferencing and other communications technologies, to count as parenting time in some child custody agreements. Read more

NJ Psychologist Marsha Kleinman Loses License Over False Sex Abuse Claims

Marsha Kleinman, a Highland Park, New Jersey psychologist who frequently served as an expert in criminal child abuse cases has had her license to practice psychology in the state revoked and is ordered to pay a $60,000 fine for her misconduct stemming from charges that she convinced children they had been sexually abused even after they said it didn’t happen. Read more