Wednesday, August 27, 2008

3 Pony Rule Cuts Strahan's Child Support

Former New York Giants defensive end Michael Strahan on Tuesday won his appeal from an $18,000-a-month child support obligation imposed in his 2006 divorce, which a New Jersey appellate court found both exorbitant and unfairly apportioned against him.

The court, in Strahan v. Strahan, A-3747-06, said that the trial judge failed to make the specific findings of fact necessary to sustain his decision to add $200,000 a year to the $35,984 annual award that the couple's twins girls are due under statutory guidelines.

While acknowledging there are unique problems with determining the reasonable needs of children of high-earning families, the court said trial judges should nevertheless avoid overindulgence -- citing the doctrine of In re Patterson, 920 P.2d 450 (Kan. App. 1996), that "no child, no matter how wealthy the parents, needs to be provided [with] more than three ponies."

The court also found error in the trial judge's saddling of Strahan with 91 percent of the child support obligation, especially since the judge did not impute any income to Strahan's former wife, Jean, even though she is college-educated and capable of working but has voluntarily chosen not to do so.


AddThis Social Bookmark Button

Monday, August 25, 2008

International Custody Battle Resolved

A sharply divided Vermont Supreme Court on Friday waded into a long-running international custody dispute, reversing a Vermont Family Court decision and giving jurisdiction in the case to a Canadian court.

The 3-2 decision reverses a 2002 ruling by Judge John Wesley in Bennington that gave custody of a son born to a Bennington couple to the father and ruled that a Canadian court was right to give the mother custody of the child.

The mother in 2003 obtained her own child custody order in Canada, where she had fled after claiming her ex-husband had abused her and threatened to harm her and their son. She was convicted in federal court last year of kidnapping her son.

"This is one of those rare cases where the best interests of the child must take precedence over the policy goal of deterring parental wrongdoing," Justice Marilyn Skoglund, writing for the high court's majority, said in the decision. "Canada was the more appropriate forum to resolve this matter."

In a stinging dissent, Justice Brian Burgess said the majority's ruling sends the wrong message to parents unhappy with court custody decisions.


AddThis Social Bookmark Button

Divorce: Fighting For, About, and Around Kids

Actions for divorce are like any other civil suit wherein the rights and duties of parties are decided and judgment is rendered. That is, aside from the fact that at the end of the case, both sides are still really mad.

There are exceptions, but the general rule is that if a judge or magistrates decides the outcome of who gets custody of the kids and on what days, everyone feels cheated. Dissolutions, which are simply divorces where the parties agree how to divide everything prior to filing in court, are always preferable but often impossible in the emotionally charged time of separation.

The legal issues of property settlement in a divorce, apart from alimony, are fairly cut and dry - everything acquired during the marriage that is not a gift or devise directly to one of the spouses gets divided in half. Problems deal mainly in valuations. For the calculation of alimony, it seems to matter more where you are getting a divorce than to whom you were married - it varies county to county.

Dividing a child is obviously more difficult. The wisdom of King Solomon is often needed and absolutely inadmissible in divorce court. (Solomon's proposal to halve the child really wasn't all that clever - what kind of hooligan would actually agree to cut the child in half in front of someone who was in the process of writing a book of the Bible? I think everyone already knew the likely outcome of it all when the retrobate showed up to the hearing with her face all exposed wearing a worn-out Ravi Shankar concert T-shirt.)


AddThis Social Bookmark Button

Friday, August 22, 2008

Custody Fight Continues Over Ex-Lesbian's Child

The battle continues between a homosexual activist and her former lesbian partner over who will control the now heterosexual, Christian woman's biological daughter. It's the latest twist in a complicated story.

Lisa Miller is a former lesbian who became a Christian, left the homosexual lifestyle, and took her biological daughter with her. Miller's former partner, Janet Jenkins, has been using a since-dissolved Vermont civil union to try to claim parental rights to Miller's daughter. Earlier this week, a Virginia civil court ruled that Jenkins must go to juvenile and domestic relations court to seek enforcement of a Vermont visitation order.

Attorney Mat Staver, founder of Liberty Counsel, is representing Miller in her efforts to protect her six-year-old daughter. He says the former Vermont civil union should be rendered meaningless in Virginia's courts by Virginia's 2007 marriage protection amendment.


AddThis Social Bookmark Button

Custody Fight Continues Over Ex-Lesbian's Child

The battle continues between a homosexual activist and her former lesbian partner over who will control the now heterosexual, Christian woman's biological daughter. It's the latest twist in a complicated story.

Lisa Miller is a former lesbian who became a Christian, left the homosexual lifestyle, and took her biological daughter with her. Miller's former partner, Janet Jenkins, has been using a since-dissolved Vermont civil union to try to claim parental rights to Miller's daughter. Earlier this week, a Virginia civil court ruled that Jenkins must go to juvenile and domestic relations court to seek enforcement of a Vermont visitation order.

Attorney Mat Staver, founder of Liberty Counsel, is representing Miller in her efforts to protect her six-year-old daughter. He says the former Vermont civil union should be rendered meaningless in Virginia's courts by Virginia's 2007 marriage protection amendment.


AddThis Social Bookmark Button

Wednesday, August 20, 2008

16-Yr.-Old To Pay Child Support To 19-Yr.-Old Mom Who Allegedly Sexually Assaulted Him

It's a situation fraught with so many twists and turns that if you saw it on a movie screen you might not believe it.

It began when a 19-year-old girl from the town of Lancaster, Ohio was accused of molesting a 15-year-old boy. Jane Crane was allowed to stay at the child's Columbus-area home when allegations surfaced that her stepfather was being abusive.

But something apparently clicked between the girl and the underage son of those providing her temporary refuge. She's since been charged with unlawful sexual conduct, after allegedly having physical relations at least twice with the underage boy.

So far, the story is somewhat sad, but not that unusual.

But here's where it takes an odd turn. The teen became pregnant as a result of the encounter and paternity tests prove the boy is the father of the little girl, who was born in late April.


AddThis Social Bookmark Button

Gloves Are Off in Aussie's 007 Custody Battle

Australia's James Bond, George Lazenby, has cranked up his bitter child custody battle with estranged wife, former tennis champion Pam Shriver.

Queanbeyan-born Lazenby, who played 007 in On Her Majesty's Secret Service in 1969, has asked the US judge handling the case to order psychological tests on himself and Shriver to determine if they are fit to be parents.

"He wants it because he has nothing to lose," Lazenby's lawyer Marina Korol said.

The couple, who have three children, four-year-old George and two-year-olds twins, Kaitlin and Samuel, have waged a public war in the past week.

Lazenby, in court papers filed yesterday, accused Shriver of consuming "a cocktail of prescription painkillers, Ambien sleeping pills and rum or vodka each night and during the day".

Shriver, who won 22 Grand Slam doubles titles with Martina Navratilova, has alleged her husband of six years offered beer to their children, was anti-Semitic and threatened to kill her.


AddThis Social Bookmark Button

Monday, August 11, 2008

Scenarios Behind Hiring A California Child Custody Lawyer

Divorce is regarded as one of the most horrible things that may happen to a couple, especially if a misunderstanding is not resolved immediately. Many individuals are filing their petition for divorce with their respective partners because they cannot resolve their differences anymore. They feel that they cannot stand with each other living under the same roof anymore; they are just uncomfortable seeing and being with each other.

Aside from the legal procedure that needs to be followed, the family is also experiencing emotional distress. The atmosphere will not be as friendly as before, because such divorce petition means separation-one moving out of the house while the other will remain. In addition, if they have children, their custody will also be a subject for argument in the family court. That is the saddest part of a couple filing for a divorce-giving the children to whoever has the better right under the family law.

In the case of child custody, many divorcing couples are getting a child custody lawyer aside from the divorce lawyer for their petition. Most of the states in the country have their own regulations with regards to family law. In California, they have their own set of regulations that applies to child custody cases. That is why if you are residing in California and planning to get hold of the custody of your children in case your husband or wife filed a divorce, you need to hire a California-based child custody lawyer.

Your child custody lawyer will be your representative in California family courts. He or she will be the one to explain to you the possibilities of getting the custody of your children based on the circumstances present as well as the laws and regulations covering child custody issues.



AddThis Social Bookmark Button

Monday, August 4, 2008

Custody Shopping

Child custody cases can get very messy if both parents are fighting for sole custody. But what if one parent is granted custody in one county, and another is granted custody in a different county?

It recently happened to an Encinitas man. Doug Rhodes told NBC 7/39 he became the victim of a legal loophole, called jurisdiction shopping.

"She's my life, you know. I love her more than anything in this world," Rhodes said about his 7-year-old daughter Katarissa.

He said he's spent thousands of dollars fighting in court for sole custody.

"To go back and forth, the chaos and confusion for my daughter, it's just been too much," Rhodes said.

After four years in court, a San Diego judge gave him full custody. The judge also gave Katarissa's mom, Stephani Bolton visitation rights on Sundays. But on July 8, Rhodes said all of that changed. When he went to pick up Katarissa at school, he was met by a San Diego County sheriff's deputy.