Thursday, June 3, 2010

Children's Parents Rights Often Conflict

At a recent court hearing, I was faced with a divorced mom, a divorced dad, a step-dad and a step-mom---the proverbial "reconstituted family." What they all had in common was a 5-year-old little girl.

The step-father was a native of Hawaii. He wanted to return to his home there, and, of course, to take his wife and step-daughter with him.

He was astonished and angry to learn that the laws of New Mexico prevented the removal of the little girl from New Mexico unless her father agreed or the court allowed it.

He said, "I have a right to live wherever I choose. This New Mexico law must be unconstitutional because it interferes with my rights."

He seemed surprised to learn that rights are not absolute--that rights often conflict.

In this instance his right to live where he wished conflicted with the little girl's right to spend regular and frequent time with her father and the father's right to spend regular and frequent time with his daughter.

One of the most common causes of post-divorce litigation is one parent's decision to move to another state, or even another city.

To read this article in its entirety, please click here.

For more information, contact the Family Law Offices of Renee M. Marcelle at (415) 456-4444, or online at

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