Tag Archives: Divorce

GUARDIAN AD LITEM (GAL) REPORTS AND THE FOOL-PROOF HEARSAY TEST (13-08)

QUESTION: GAL reports usually contain “out of court statements” made by various third parties including the child(ren) at issue, such as “I saw daddy punch mommy in the face.” What legal analysis should the court follow if an attorney objects to the admissibility of such statements on hearsay grounds?

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Pendleton13.08-GAL_Reports-The_Fool-Proof_Hearsay_Test

 

 

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Post Decree Motions to Modify Custody Based on Endangerment (13-03)

QUESTION: When Ruling on a Post-Decree Motion To Modify Custody (Based on a Claim of Endangerment) What is the “Rule of Nice-Petersen” and What 3-Step Analysis MUST the Court Follow?

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Pendleton Update 13-3

Parenting Time Expeditor vs. Parenting Consultant (12-01)

QUESTION: You Are Presiding Over A High Conflict Family Law Case With Numerous Parenting Time Disputes. You Would Like To Utilize The Services of A “Parenting Time Expeditor” or “Parenting Consultant” to Help Resolve those Disputes. What Is The Difference? 

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Pendleton12.01-Parenting_Time_Expeditor_vs_Parenting_Consultant

Rule 15 Type Questions to Finalize Divorce Proceedings (10-09)

QUESTION: WHAT ADDITIONAL INQUIRIES SHOULD THE COURT MAKE, WHEN DIVORCING PARTIES APPEAR IN COURT TO PUT THEIR FINAL AGREEMENT ON THE RECORD, TO PROTECT AGAINST EITHER PARTY SUBSEQUENTLY ASKING TO REOPEN THE CASE?

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Pendleton10.09-Rule_15_Type_Questions_to_Finalize_Divorce_Proceedings