The Attorneys at Dixon & Moseley, P.C.
Strong, Trial-Ready Advocates Protecting Your Rights
Unlike in divorce cases, where children born during the marriage are presumed to be children of the Husband and Wife1, in paternity cases, paternity of the child has to be established by one of several means2. One way, in particular, DNA testing, creates a reliable basis for the alleged father to ensure paternity of the child in question. In many…
In divorce and paternity cases, the term “custody” has a number of different meanings. If you are contemplating divorce or in the process, understanding this term is key. If you are divorced or paternity is established, you might think you understand the “custody” terms you agreed to in reaching an agreement or as ordered by the court; but if you…
Most divorce cases resolve before trial. However, a small number proceed to trial or have post-divorce custody modification matters. In either case, there are three ways to undermine the strongest case that are inherent in human nature. This blog explores the matters and demonstrates why they are harmful. Avoid them. First, in original divorce cases, it is easy to make…
The Holiday Season is a time of joy and stress for everyone. This is particularly the case for parents who have children from divorce or paternity with child exchanges. Holiday time is magical for children and there is a finite amount of this holiday time. Both parents want their time. However, the legal system cannot get back this time by…
A common set of questions or concerns with clients or litigants in divorce is why does a divorce take so long (since the statute only says sixty days have to pass), and why can the divorce process become expensive in terms of costs (custody evaluations) and legal fees. At a simple level, a divorce lawyer has had to untangle the…
Sometimes during divorce, paternity, or other contested custody cases, clients will wonder how to the court will view them for disliking their former spouse or significant other. Will the court judge him or her poorly for disliking the other parent of his or child? Will the court make decisions that adversely affect custody or parenting time for the parent that…
Anytime you enter into the courtroom, and especially in domestic cases, a lot of otherwise private information becomes public (or before the court), because the court must consider the best interests of the children. Sometimes information comes out that leads to other types of civil or criminal actions, or inherently there is some relief a court must order if the…
In many divorce and paternity cases it often happens that one parent is provided primary physical custody of the child or children, and the other parent receives parenting time. Physical custody refers to where the child primarily lives. There is another type of custody, legal custody, that could be either joint in both parents or sole in one parent. This…
Any Order that a court issues during the pendency of a Divorce or Paternity case, that is not a final Order of all issues, is a provisional Order. These can also be called “interlocutory”, “preliminary”, or “temporary” Orders. A Provisional Order is meant to maintain the status quo as close to possible. Any time a divorce action begins, there are…
Several recent blog posts have directly or indirectly addressed the shift away from the traditional family of a mother, father, and two children to a more blended family, often involving participation from extended family members and step-parents. Other third parties can even be guardians or custodians who are not related to the parties, but help raise the children. A recently…