Children First Family Law

Maintaining a child’s attachment to a parent with substance abuse issues can be a complex path to navigate. With advice from experts and keeping the child’s best interests first and foremost, parents and courts can successfully co-parent and maintain a healthy parent-child relationship. This episode of Children First Family Law is part two of Krista’s two-part series on navigating substance misuse issues alongside co-parenting in a divorce situation. While citing the research and expertise of  Dr. Stephanie Tabashnecke, Krista highlights the vulnerability of children in a family law case when a parent is struggling with substance abuse. She shares the underlying causes of this disorder and why understanding it can help both parents cope while keeping the child’s best interests at the forefront of their co-parenting conversations. You’ll hear why relapse is an expected part of struggling with this disorder, the top ten myths surrounding substance abuse, and how disrupting a child’s at...

Substance abuse is often used as a weapon in family court, even when there isn’t a significant problem. Courts have several ways of handling this issue, and each method can have long-term implications. In this episode of Children First Family Law, Krista explores how family courts determine whether a parent is safe with a child . She outlines her experiences with families dealing with these scenarios, implementing advice and expertise from psychologist and attorney Dr. Stephanie Tabashneck. Two previous podcast episodes, with guests Cheryl and Mike, explore both parenting sides of this situation. Krista offers an outline of the tools the court can use to evaluate a substance abuse issue and any additional risk factors. You’ll also hear the 10 factors the DSM-5 defines substance abuse. Together, these tools help attorneys and courts form parenting time recommendations. Substance abuse in a divorce scenario can be complicated. This episode is a guide for navigating substance abuse wh...

Understanding the Difference Between Parental Kidnapping and International Child Abduction One of the most frightening accusations a parent can hear during a custody dispute is, “You kidnapped our child.” For many parents, that word immediately creates fear about police involvement, criminal charges, or losing custody. However, the reality is more complicated. In many ordinary family law situations, a parent traveling with their child, visiting family, or taking a trip across state lines does not automatically constitute parental kidnapping. True parental kidnapping generally involves a situation where one parent takes a child in violation of another parent’s established legal rights, particularly when court orders or significant custody restrictions are already in place. The legal system treats these situations differently from international child abduction cases, which involve questions about multiple countries and international agreements. What Is the Hague Convention on Intern...

In this episode of the Children First Family Law Podcast, Krista sits down with the Honorable Judge Robert Lung to explore the nuances of family law. With decades of experience as a district court judge in Colorado, Judge Lung offers invaluable perspectives on how parents can work together to shape their children’s futures. This episode emphasizes parental cooperation in making decisions about their children’s lives rather than relying on a judge who lacks personal insight into their circumstances. Judge Lung discusses critical issues such as human trafficking, childhood trauma, and resilience. Drawing from his extensive work with various professionals, including military, medical, and law enforcement communities, Judge Lung underscores his commitment to these pressing topics through his roles on significant councils addressing human trafficking. You’ll hear Judge Lung recount his path from law school in Ohio to his current position in Colorado. Krista and Judge Lung high...

Why Education Planning Matters During Divorce When parents separate, the focus often lands on parenting time, child support, and the house. Educational needs quietly sit in the background, yet they can shape a child’s long-term future more than almost any other decision. For children with learning, behavioral, medical, or emotional challenges, school is often where stress shows up first. Ignoring education during divorce can leave a child without the structure and support they need to cope.   IEPs vs 504 Plans: What Is the Difference   A 504 plan comes from Section 504 of the Rehabilitation Act. It gives a student access through accommodations, such as extra time on tests, preferential seating, or permission to take movement breaks.   An Individualized Education Program (IEP) is governed by the IDEA. It goes further. An IEP can change how a child is taught, track measurable goals, provide specialized instruction, and add related services such as school-based counseling. In simple t...

A parent taking a child on vacation is one thing. Crossing international borders without the other parent’s agreement is something else entirely. We explore where that line is drawn, why parental kidnapping is often misunderstood, and how the Hague Convention handles custody disputes that span multiple countries. Family law attorney Devon Rood Slovensky explains when parents are free to travel with their children, when legal restrictions begin, and why many situations people fear are “kidnapping” do not meet that standard. We also examine the Hague Convention through the high-profile Saeed Abedini case, where a young child was taken from Turkey to the United States, leading to a complex international legal fight. Devon shares how courts determine a child’s habitual residence, why acting quickly matters, and how delays can affect the outcome of a case. Along the way, we discuss the role of federal courts, the challenges families face when different countries are...