Monday, December 31, 2007

New Year Signals Start of New Child Custody Rules

When the New Year rolls around, significant new rules for child custody cases will apply to new filings. This comes on the heels of major recent child support changes, with which we are all still struggling! Some of what has been enacted is helpful, but the parenting plans are a nightmare.

Changes to child elections of custody have been long overdue. Currently, a child who turns 11 years old has the right to talk to a judge about custody; once the child turns 14 years old, the child has virtually an unfettered and absolute right to choose between the parents.

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Closed Courtroom Sought for Quets Custody Hearing

The adoptive parents of twins kidnapped by their birth mother last year are asking that a Wake District Court judge close the courtroom to the public for a custody and visitation hearing being held in two weeks.

Lawyers for Denise and Kevin Needham, an Apex couple, filed a motion asking that a Jan. 2 child custody and visitation hearing in Wake County’s family court be closed to the public because of extensive media coverage in the case.

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Friday, December 21, 2007

Family Law

Child custody cases take place in our court system every day. But lately, the process has become a bit more difficult. The problem stems from a new law passed earlier this year. It dictates what the state will pay lawyers who accept these cases, sometimes unwillingly. Now a local judge is speaking out against the new program.

The state legislature changed system for compensating attorneys that represent parents at a child custody hearing this summer. The pay in a case works out to $13.13 an hour. Lawmakers significantly reduced the amount of compensation was and created the Office of Regional Council to help cover the cases.
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Custody rules 'exposing children to war zones' - National - theage.com.au

In a finding that challenges the Howard government's changes to child custody laws, new research has found that children aged under 10 can be emotionally harmed by shared-parenting arrangements in many families.

Where parents cannot co-operate and remain hostile towards each other, shared-parenting arrangements can result in a higher-than-normal rate of clinical anxiety in the children, the research found.



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Hasselhoff, Ex-wife Agree on Child Custody

David Hasselhoff and ex-wife Pamela Bach have agreed on post-divorce terms that include joint custody of their teenage daughters, Hasselhoff's attorney confirmed.

The former 'Baywatch' star and Bach divorced in August 2006 after more than 16 years of marriage. After months of negotiating custody and financial arrangements, a deal was struck Friday, attorney Melvin Goldsman said Tuesday.

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Tuesday, December 11, 2007

Stuck Together: Inside the Modern Divorce

Martha McCarthy, who has been practising family law for more than 15 years, says "You cannot agree to anything on a temporary basis that you wouldn't be willing to live with in the long term."

And so, she explains, for anyone who seeks some sort of serious child custody arrangement or desires sole custody of children, relinquishing any bit of ground in the household arrangement -- even temporarily -- is simply out of the question.

Grant Gold, another family law lawyer who has a surprising number of clients who continue to live together for increasingly long periods of time, says he tells those who say they cannot stand living in the matrimonial home that "what you lose by getting out is the ability to get back in in a hurry.… I don't want anybody leaving until there are arrangements in place for kids, for money; if you're the dad, I don't want you leaving until we have visitation nailed down."


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Friday, December 7, 2007

Only 2.3% of Israeli Divorced Dads Have Custody?!

A new Israeli parliamentary subcommittee is holding hearings on fathers' rights and child custody. It is claimed in the hearing that only 2.3 percent of divorced men in Israel have custody of their children--amazing.

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Wednesday, December 5, 2007

On Your Own in Domestic Court

Annette Morgan, 41, is no stranger to the domestic court system. She can use terms like "remand" and "guardian ad litem," describe how proceedings for child custody work in practice, and discuss eloquently the problem of not having any records kept during domestic court hearings.

But like many involved in domestic court, she is not a lawyer and doesn't even have a college degree. She's learned because she's had to, having struggled for the last two years to change a permanent custody order that bars her from seeing her son.


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Wednesday, November 28, 2007

Evaluators in Child-Custody Cases Scrutinized

Psychologists and other mental health professionals are increasingly playing a role in child custody disputes.

Using a battery of psychological tests and expert judgment, psychologists make recommendations about which parent should have custody.

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On The Home Front: Soldier Custody Battle

When he returned from Iraq, Jon Johnson thought his fighting days were over. He was wrong. The medic with the Iowa National Guard's 133rd Infantry Battalion had to fight the court system for custody of his two kids.

Before he left for war, Johnson had primary physical custody of six-year-old Sammy and three-year-old Cody. He and his ex-wife decided she should have temporary custody of them while he was away.

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Friday, November 16, 2007

Target 32 Investigates: Child Protective Services

The Chief Supreme Court Justice of Kentucky is surveying judges across the state to see if he should suggest opening up child protection courts.

Kentucky is one of 21 states that still close child protection proceedings. But there is a growing movement to open them after the Inspector General of Kentucky documented widespread abuses within the child protection system.

After three years of controversy, problems linger. A Target 32 investigation found that social workers are troubled by what they call suspicious conduct by their colleagues already under fire in the Inspector General?s report.

Linda Roberts, a single mother who had her four children taken away after her ex-husband sexually assaulted one of them, turned over a tape of her child custody proceeding.

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Monday, November 12, 2007

Britney Spears' Lawyers Fear She's 'in denial' in Child Custody Battle

Britney Spears' lawyers are pleading with her to seek help from a psychiatrist over worries that she is "in denial" in the custody fight for her kids.

The attorneys fear that the troubled pop star is not realizing the fact that she could lose Sean Preston, two, and Jayden James, one, in her battle with ex Kevin Federline, who has temporary custody presently.

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Friday, November 9, 2007

Testimony Concludes in Slain Dentist Child Custody Hearing

In gripping testimony Thursday afternoon, Gavril Malakov, brother of murdered dentist Daniel Malakov, told the judge that his family was threatened by the elderly mother of Daniel's ex-wife, Mazoltuv Borakhova.

"She was telling me, 'You will pay for this! You will all pay for this!'" Malakov told the court. "She screamed out to my dad, 'Your kids will die. You will bury your kids!'"

The outburst allegedly occurred during the chaotic custody transfer that took place six days before Daniel Malakov was gunned down at a playground in Forest Hills. At the time, Mazoltuv Borakhova was forced to turn her child over to the Malkovs under a court order that gave him custody of daughter Michelle.

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Mom Represents Self in Custody Case

If there's one thing Sylvie van Hoek has learned the past seven months, it's that real life's trials aren't exactly like "Law & Order."

"It's not like TV. You don't get to object to everything," van Hoek said. The 45-year-old suburban single mother, part-time grad student and catechism teacher is representing herself in a bitter legal battle with her ex-husband, who does have a lawyer. At stake is custody of their 9-year-old son.

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Spears Giggles, Curses at Hearing in Child Custody Battle

Britney Spears arrived in court giggling on Friday but was later heard swearing during a break in a closed hearing that ended with no decision on her bid for shared custody of her two young sons with Kevin Federline. The court was expected to issue a written ruling by Tuesday after extensive testimony was presented on a number of issues, lawyer Mark Vincent Kaplan said.

Spears did not comment after the hearing. Earlier, she uttered an epithet when a reporter asked how the proceedings were going.

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Monday, October 29, 2007

Digging Into Kids' Alienation

I have written frequently about parental alienation syndrome, a term used primarily in child-custody cases. Parental alienation syndrome (PAS) happens when one parent alienates or brainwashes a child against the other parent.

Therapists realize PAS may be present when the child has no ambivalence, no discomfort at all vilifying or demonizing the parent he or she has been taught to hate. The child will say things like, "My parent is always selfish, only cares about themselves, never even tries to be fair to the 'good' parent."

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Thursday, October 25, 2007

Child Custody Caution

Why? That's the main question state Child Protective Services officials must answer in probing the death of a 9-year-old Montcalm County boy, who was left in the care of an admitted child abuser.

Why was the child left with a father who recently admitted abusing his two older sons and was facing jail time for that crime? Why was he left in the home over objections from the local prosecutor's office and seeming common sense?

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Man Charged, Allegedly Took Girl to Arizona

Sauk County authorities filed charges against a Wisconsin Dells man after police say he took a 13-year-old girl to Arizona.

On Wednesday, the Sauk County district attorney filed a complaint in Sauk County Circuit Court charging Christian Miranda Alcantara, 19, with a count of interfering with child custody.



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Thursday, October 18, 2007

Diffusing Explosive Family Court Battles

In the emotionally charged aftermath of divorce or separation, parents sometimes find themselves locked in battle over the stupidest things.

“My son wanted to go to skateboarding camp,” said Jill, a divorced mom of two from Bristol. “It was on the same week he was supposed to go with his father to my former in-laws' place upstate for a family reunion. By the time we got done fighting over it, he missed the camp and the picnic.”

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US Wants India to Sign Treaty on Child Abduction

The United States wants India to sign a multilateral treaty on child abduction that will help tackle cases where parents' non-compatibility leads to child trauma and forcible separation from one of his or her parent - at times across continents.

The Americans are insisting on India signing the treaty as it states that in case of a child custody dispute, the case should be heard in a court with jurisdiction over the habitual residence of child. This, in most of the 45 cases - which involve a total of 55 children - cited by American officials, would mean a court in the US.

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Tuesday, October 9, 2007

New Office to Aid Oglala in Child-Custody Proceedings

A new Oglala Sioux Tribe office in Rapid City has a simple goal: Keeping Native American children with relatives or native foster parents. "The whole idea is to try to keep them with family," said Juanita Scherick, director of the tribe's ONTRAC, or Oglala Nation Tiospaye Resource and Advocacy Center, program. "I think that's what we all want."


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Child Custody Cases & What to Expect

As divorce rates continue to rise, more and more children are growing up in a single parent household. Despite the fact that a divorce legally separates the parents from one another, it is important that both remain active in their child's life. Because the welfare of a child becomes the focal point of all child custody cases, it is essential that you hire a qualified divorce attorney who specializes in this area and will work hard to see that the child's best interests are met.

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Wednesday, October 3, 2007

Britney Spears And Parenting: A Timeline Of Tumult

It's been motherhood under a microscope for Britney Spears, who lost custody of her two children — at least temporarily — on Monday (October 1) when a judge ordered the singer to turn over her children to ex-husband Kevin Federline until further notice, effective Wednesday.

From day one, Spears has faced scorn and scrutiny for her choice of a husband — but strangely, Federline's image has now improved relative to hers. Even if Britney hasn't cracked under the pressure, the judge in her custody case isn't taking any chances when it comes to her young brood, 2-year-old Sean Preston and 1-year-old Jayden James. The couple's theme song used to be "Chaotic," and maybe that's part of the problem.


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Monday, October 1, 2007

Family Fights Over Missing Boaters' Kids

Amid the agony of coping with two relatives missing from an abandoned boat in the Atlantic, the family of Capt. Jake Branam and his wife, Kelley, are now at odds over custody of the couple's two young children.

The dispute pits several Branam family members against the Miami Beach family's former patriarch -- Joseph Harry Branam, 76 -- who has refused to share care of the couple's 2-year-old daughter and 4-month-old son, according to Miami-Dade court papers filed Thursday and Friday.




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Nanny-gate: The Plot Thickens

Speaking of people who really need a hobby - boy, are the gloves off in the Charlie Sheen-Denise Richards smackdown!

The latest salvo in the child custody tussle, according to People magazine: Sheen reveals that the FBI was "aware of" Richards' accusations that he scanned child porn (this is good news in Sheenville?).

"The FBI was aware of these issues. I provided them with every computer I owned," he says. "The computers were returned two weeks later. Haven't heard from them since. Period. The end."




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Tuesday, September 25, 2007

Spears' Lawyer Seeks to Permanently Seal Documents in Child Custody Battle

A lawyer for Britney Spears isn't interested in the media getting a look at the court papers involving the singer's custody battle with ex-husband Kevin Federline.

The attorney has filed a motion asking California court commissioner to make permanent a conditional order to seal all documents dealing with custody. It was filed in response to a motion by People magazine and a TV station seeking to unseal some of the papers.

Monday, September 17, 2007

A Place to Hand Off Kids for Visits

The Episcopal Church of the Holy Trinity in West Chester this weekend will become a place where a parent who has weekday custody of a child can safely hand over that child for a weekend visit with the other parent.

Judge Katherine B.L. Platt of Chester County Family Court said she arranged the site for "parents who are separated, divorced or never married, parents who are not living together any longer, but have children together."

Platt said in an interview that most such parents "are able to exchange their children in perfect peace and harmony.

Friday, September 7, 2007

Pair Seeks Return of Seven Kids

The parents of seven young children who were removed from a rat-infested home in July - which has since been condemned by the city of Lubbock - have embarked on a path to regain custody of their children for the second time.

The children of Anthony Moya, 40, and Gloria Ramirez, 26, were removed from the couple's crumbling home on 2014 Ave. L at the behest of the Texas Department of Family and Protective Services.

Wednesday, September 5, 2007

Mother, Grandmother Sentenced in Child Custody Kidnap Case

The mother of a 17-month-old child and the child’s grandmother were sentenced Monday after being convicted of kidnapping the toddler last February from a Broad Top township residence.

Sarah Marie Guinn, 19, of Frostburg, was sentenced by Judge Daniel Howsare to serve three months to 23 1/2 months in the Bedford County Jail in addition to one year of probation. She also was ordered to pay $650 in fines and court costs.

Tuesday, September 4, 2007

Witness Contradicts Testimony Over Letters in International Custody Dispute Over Cuban Girl

A custody hearing over a 4-year-old Cuban girl in the U.S. focused Friday on whether letters purportedly written to her by her father from the communist country had been faked.

A relative of the girl took the stand and denied claims made Thursday by the child's mother, Elena Perez, that Perez had agreed on one occasion with the father's attorneys to fake loving letters to the child when she was living in Texas.

Friday, August 31, 2007

Larsen: Real-life P.I. work not made for TV

Dan Larsen thwarted a pedophile.

It's one of the private investigator's most satisfying cases.

Larsen, a former undercover officer with the Council Bluffs Police Department, took his skills to the private sector in 1987 and opened his own investigation firm, Evidence, Inc., two years later. Most of his work involves child custody cases, where he and his partner Cindy Sorensen search for evidence of parental incompetence.

Wednesday, June 20, 2007

Is Your Ex Avoiding Child Support?

Investigation News - Is Your Ex Avoiding Child Support? - PInow.com Investigator Directory: "Many parents and children are in financial difficulty today because parents are not paying the child support ordered by courts. Hiring a private investigator can help parents augment resource-strapped legal systems so that payment can finally be made.

Deadbeat parents cost children a lot of money. In the state of Hawaii alone, more than half a billion dollars represents the amount of delinquent child support payments. According to 2005 statistics, the state is only able to successfully collect 40% of delinquent accounts. The District of Columbia is not much better, collecting only in 37% of cases. Most states have passed laws to get deadbeat parents to pay up — in some states; parents who fall behind on their child support can find their pay checks cut, their credit dinged, or their licenses suspended.

Despite the legal measures, though, parents still report that deadbeat parents do not pay child support. Child advocacy groups point out that some parents move or change identities in order to avoid child support, while others only make a payment or two when threatened with cut pay or loss of a license and then return to non-payment. In many cases, law enforcement and child services simply do not have the resources to find and compel non-paying parents to make payments."

What can parents do that the courts have not tried?

Your Civil Case May Require a Private Investigator

Investigation News - Your Civil Case May Require a Private Investigator - PInow.com Investigator Directory: "The truth is, civil investigators get results and often work closely with criminal investigators to uncover fraud, harassment, and other criminal activity. Attorneys often use civil investigators to gather information and evidence needed to win civil cases. However, and increasing number of plaintiffs are hiring civil investigators on their own. By hiring both an investigator and attorney, some plaintiffs are finding they can enjoy better results as well as more control over their cases. For example, plaintiffs involved in a drawn-out sexual harassment lawsuit against Thurston County Prosecuting Attorney’s Office were able to gather evidence of inappropriate language through civil investigation.


There are a number of civil cases that can be helped along with a civil investigation:

* Child custody and recovery cases. In these cases, civil investigators can uncover evidence of child abuse or neglect that can prove whether one spouse should be entrusted with the children more. Asset searches in these cases can reveal whether one spouse has hidden assets that can be used to support the children."

Domestic Investigations - When There is Trouble in the Home

Investigation News - Domestic Investigations - When There is Trouble in the Home - PInow.com Investigator Directory:
"Child Custody Investigations
Child custody and child support investigations help to keep your child safe and well-cared for. Investigators can run asset searches and missing persons searches in order to obtain the child support you have been awarded by a court. With the Department of Health and Human Services reporting that more than 46% of non-custodial mothers and more than 26% of non-custodial fathers totally default on support, these services are very common across the country today. Child custody investigations also can help ensure that the non-custodial parent does not neglect or abuse the child while they are in their care. This is a critical when you consider that since between 1976 and 1997, 11,000 children were murdered and thousands more were injured by parents or caregivers, according to the Present Federal Interagency Forum on Child and Family Statistics."

Monday, June 11, 2007

If A Former Partner is Dating Someone New, Is a Child Custody Investigation A Smart Idea?

Investigation News - If A Former Partner is Dating Someone New, Is a Child Custody Investigation A Smart Idea? - PInow.com Investigator Directory: "There are many things that can affect a child’s safety in a custody situation. One of these things is the new friends and partners that a parent may meet after a divorce.

Child custody problems are more prevalent than most people realize. According to 2003 US census findings, 43.7% of mothers with custody and 56.2% of custodial fathers are separated or divorced. This means that many parents are raising their children while separated from their spouse. Statistics show that the majority of people who divorce eventually remarry or at least form new partnerships. Not surprisingly, custodial parents worry about the influence of these new partners on their children.

They may have a reason to worry. Custody arrangements in a divorce are usually based on information that is current at the time of the divorce. However, the circumstances of a person’s life can change dramatically – usually with no corresponding changes to custody arrangements. A parent may meet a new partner who is a bad influence – or is even actively dangerous – to the child the parent is responsible for."

What are the signs of a problem?

How to Avoid Child Support Hassles

Investigation News - How to Avoid Child Support Hassles - PInow.com Investigator Directory: "How you strategize at the start of your divorce can save you and your children from the hassle of a Child Support Enforcement.

Child support enforcement, while it can help ensure that you get the money you need from an ex-partner or ex-spouse to help you support your children, can also be expensive and difficult for both you and your children. Child support enforcement can by avoided from the very beginning by making divorce and child support arrangements as water-tight and as amicable as possible. If you and your ex-partner agree to a consistent plan, there is simply a better chance that both of you will actually stick to the plan. This will not only create less friction but will also ensure that the child support keeps arriving. According to experts, there are several ways that you can help your child get the support they need, right from the beginning:"

How to Avoid Child Support Hassles