Family Law Scenario: Custody & Possession

Christina and Dale have divorced a few years ago. Dale was appointed as the parent with the exclusive right to designate the primary residence of their only son. Christina was given a Standard Possession Order. She has been very involved in her son’s life, going to have lunch at his school going to games, and parent-teacher conferences. She also started dating Jose who is an immigrant from Venezuela and they plan on getting married. Dale does not like Jose and has filed a new lawsuit seeking to keep Jose away from their son. Dale wants the court to modify her access to her son if Jose is around.

The best interests of the child is a major factor in these kinds of cases. One case most lawyers know (or should know) is Holley v. Adams. The case lists several non-exhaustive factors that the court has to consider in deciding custody and possession and access issues. These are facts intensive cases and require documentary evidence and witnesses. The Holley factors include the desires of the child, the emotional and physical needs or danger to the child at present and in the future, the parental ability of the parties seeking custody, programs available to assist individuals in promoting the best interest of the child, stability of the home or proposed placement, acts or omissions of the parent to indicate the parent-child relationship is inappropriate, or any excuse for said acts or omissions of a parent.

We have significant experience in custody cases and have successfully presented and defended them in court. We have the expertise and experience to help you.