Colin stopped by Flight 750 to answer questions about divorce and custody, and weigh in on some family law issues that have been in the news.
The first question Colin tackled came from an involved dad whose children were requesting to live with him. The father has been divorced for more than 7 years, and his kids, 12 and 15, want to change their living arrangements so they can reside with their father.
In answering this question, Colin addresses a common misconception— once children reach a certain age they are allowed to choose where they live. The parents (and potentially the court) have authority to decide where minors will reside. In custody cases, the courts will often consider the children’s preferences, but the final decision is at the discretion of the court.
To change the parenting plan the father will need to demonstrate to the court that there has been a significant change in circumstances. Once the change in circumstances has been articulated, the father can bring a modification to the court. At this point, a guardian ad litem can be hired to represent the kids and a private custody evaluator can assess the situation and make a recommendation.
After fielding the first question, Colin shifted gears to chat about a recent article posted on Time.com that discusses how the use of Twitter may increase the likelihood of infidelity. The article states “People who are active on Twitter are more likely to get involved in the types of confrontations that may eventually lead to infidelity and divorce, according to a study published online in the journal of Cyberpsychology, Behavior, and Social Networking.”
As the use of social media has become widespread, it is common for it to find its way into divorce and custody cases. Texts, tweets, and status updates are frequently used as evidence and it isn’t uncommon for people to get themselves into hot water with their posts and pictures. All too often, people will incriminate themselves with their over-sharing. Colin cited the example of someone claiming to be in rehab, and then posting pictures of them out drinking.
You can hear all of Colin’s advice in the clip below, and if you have questions regarding family law, divorce, or custody, give us a call. Colin is always happy to answer your questions over the phone at no charge and with no obligation.