Heymann & Fletcher

Is a child custody battle brewing between Hilary Duff and her ex?

Even the most amicable divorce can become adversarial when it comes to a couple's child. New Jersey fans of Hilary Duff may be aware that she filed for divorce from her husband, Mike Comrie, in February. Court documents reveal that she requested primary legal and physical custody of their son. Comrie recently filed a response to her petition indicating that he would like joint child custody, which could put a wedge between the couple who insisted that they would remain friends despite the divorce.

Duff claims that her soon-to-be ex-husband's partying puts his fitness as a parent in question. For this reason, she doubts the former hockey player's ability to be there for their son. If the two of them are unable to come to some agreement on their own, the stage could be set for a contentious court battle.

Duff and Comrie executed a prenuptial agreement prior to their marriage in 2010. That agreement covers their property and spousal support issues, but it is silent on the issue of child custody. Obviously, the two have different views on the subject, but neither of them has made a public response to the filings.

These days, more New Jersey couples are attempting to end their marriages amicably through the use of prenuptial agreements, mediation and collaborative divorce. However, when it comes to the children, once-friendly couples could end up on the opposite sides of child custody issues -- much like Duff and Comrie. It is often easier to agree on how the marital assets will be split than it is to agree on how to split time with the children.

Source: ibtimes.com, "Why Hilary Duff And Ex Mike Comrie Are Fighting Over Custody Of Their 3-Year-Old Son", Caitlyn Hitt, April 23, 2015

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