Sunday, September 21, 2008

'PARAMOURS' OFTEN SEEN AS PROBLEM

In Family Court, they are called "paramours," and they can play a major role in child custody cases.
Live-in boyfriends are eyed suspiciously, children's advocates and attorneys say because they are often the most dangerous person a child encounters.
Judges frown on unmarried couples living together so much that some have been known to invoke the state's 200-year-old fornication law to encourage a single mother to avoid allowing a boyfriend to stay at her house.
Often, she says, the death of a child comes at the hands of an adult caregiver who is not related to the victim. What police say occurred in the Hillerby case is nearly identical to a 2007 St. George case. Donald Joseph Mauldin last year was sentenced to 50 years for killing his live-in girlfriend's 3-year-old daughter.
"A lot of live-in boyfriends don't have the affection or the bond with a child, and no experience as a parent," Ralston says. "We have found that the risk to children increases when they are exposed to multiple adults."
And it is even worse when that is a person who doesn't understand a child's behavior, or how fragile they are.
"They may even feel jealous of the relationship the child has with its mother," Ralston said.
Some states have even considered harsh penalties against parents who move in with a lover. In Iowa, the state legislature has considered a law that could cost a parent custody of her children if she allows a boyfriend to move in. Iowa lawmakers say 26 percent of child deaths in that state between 1995 and 2000 involved live-in lovers.
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Saturday, September 20, 2008

BALDWIN LASHES OUT AT DIVORCE LAWYERS

Alec Baldwin and Kim Basinger's cutthroat custody battle over their 12-year-old daughter, Ireland, has made international headlines for years. The couple divorced in 2002 after nine years of marriage, but the vicious accusations on both sides continued, culminating in the infamous 2007 voice-mail message in which Baldwin berated his daughter.
In an interview with ABC News anchor Diane Sawyer, Baldwin, 50, spoke about his lengthy court struggles with Basinger, 54, and said that when the voice mail was released, it brought him to the brink of suicide.
"I used to pray to God every night. I would get in bed, and I would say, please, don't let me wake up in the morning," Baldwin said. "I began to think about what little town I would repair to in order to commit suicide. And then you, obviously you say, well, what would that do to my child if I killed myself? Me, I really didn't care about me."
After the media storm and new round of custody litigation that followed the voice mail release, Baldwin nearly broke his own promise to never give up on his daughter. Deterred by the barriers that he believes his ex-wife imposed on his relationship with Ireland, Baldwin said he almost lost the will to keep fighting.
"I don't care if the judges and the lawyers die of heart attacks in the process of getting their job done. They are corrupt, inefficient, lazy, stupid -- they're the most God-awful people."
Baldwin believes that many family court lawyers and their manipulations and delays make the child custody duel much worse than it needs to be. "The judges are like pit bosses in Vegas casinos. Their job is to make sure everybody stays at the table and keeps gambling."
Baldwin's clashed with Basinger for nearly eight years: there are hundreds of documents, 91 court proceedings so far, and about $3 million in legal costs.


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Thursday, September 18, 2008

Tennessee to Revoke Hunting, Fishing Licenses of Deadbeat Parents

The state is warning parents delinquent on child support payments that they risk losing drivers licenses, professional licenses and hunting and fishing licenses if they don't pay.

A news release from the Department of Human Services Tuesday says letters are being delivered to parents across the state behind at least $500 and haven't made a payment in more than 90 days.

More than 7,000 licenses were revoked last year for failure to pay, and there are more than 20,000 licenses currently at risk. Professional licenses that could be revoked include those of registered nurses, real estate agents, security guards and teachers.

Parents can prevent revocation if they contact their local child support offices to set up payment plans or simply repay the past due amounts.


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Wednesday, September 17, 2008

Couple Wins Damages in Messy Custody Battle

An American woman who badmouthed her former husband and his new wife during a custody battle, claiming they abused drugs, and had paedophilic tendencies, has been ordered to pay R150 000 in damages to the couple by the Pretoria High Court.

Judge Chris Botha ordered that the man receive R100 000, and his wife R50 000. The Midrand couple claimed a total of R600 000 in damages - R300 000 each.

The parties are not being identified to protect their 13-year-old daughter, who is the subject of their bitter custody battle.

The court heard that after their divorce, the mother at first had custody of their child. The father later obtained custody and the mother moved to the US with her new husband in 2004. The daughter often visited her there.

When the child visited her in June 2005 the mother decided not to send the child back. She obtained an interim custody order, without the knowledge of the father, from a court in New York.

This was the start of a lengthy legal battle between the two, both in South Africa and in the US.


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Custody Battle In Japan Highlights Loophole in Child Abduction Cases

Shane Clarke had no reason to be suspicious when his wife took their two children to Japan to see their ill grandmother in January.

The couple had married four years earlier after meeting online, and settled down with their daughters, aged three and one, in the west Midlands. Clarke, they agreed, would join his family in Japan in May for a holiday, and they would all return together.

Last week, however, he faced his wife and her lawyer in a Japanese courtroom, uncertain if he would ever see his children again. When his wife left the UK, Clarke now believes, she never had any intention of returning with him, or of letting her children see him.

"From the moment I met her at Narita airport I knew something was wrong," Clarke told the Guardian before a custody hearing in Mito, north of Tokyo. "I soon realised she'd played me like a grand piano. The whole thing had been orchestrated," he claims.

Clarke, a 38-year-old management consultant from West Bromwich, has gone to great lengths to win custody. The Crown Prosecution Service said his wife could be prosecuted in the UK under the 1984 child abduction act.

However, he can expect little sympathy from Japanese courts, which do not recognise parental child abduction as a crime and habitually rule in favour of the custodial - Japanese - parent.


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PA Lawmaker Fighting $25 Child Support Fee

Some Pennsylvania families who need the government's help to collect child support received unwelcome news in the mail this summer: They must now help defray the cost of that service.

The Department of Public Welfare has sent out notices informing parents it will deduct a $25 annual fee from child support payments to custodial parents who receive at least $2,000 a year and who have never received cash assistance welfare benefits.

As small as that may seem, Rep. Kate Harper considers it a big deal for single parents who struggle to feed, clothe and shelter their children—and an outrage for the government to take any money intended to fulfill a child's basic needs.

"These people are taxpayers—this is their own money," said Harper, R-Montgomery. "This is one parent paying to another parent for the benefit of their children."

The fee is collected on a per-case basis, meaning that parents with more than one child-support case in Pennsylvania will pay the fee for each case.

Harper hopes the outcry from affected parents will be loud enough to prompt her colleagues to support legislation she introduced last month to repeal the fee. But persuading Democrats who control the House to revisit the issue in an election-shortened fall session will be a tough sell.


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Friday, September 12, 2008

18 ADDITIONAL FLDS CHILDREN RELEASED FROM COURT SUPERVISION

Texas child welfare authorities have filed to remove 18 more FLDS children out from under court supervision.
The Texas Department of Family and Protective Services said Thursday it filed 18 nonsuits with a San Angelo judge overseeing the child custody case involving children taken in the raid on the Fundamentalist LDS Church's YFZ Ranch.
That makes 286 cases that have been nonsuited, said Child Protective Services spokesman Patrick Crimmins. The number includes 26 "disputed minors," whom CPS believed were children but later conceded were adults.
CPS said 439 children were taken into state protective custody during the April raid. The agency recently revised its count, reducing the total number by one, based on more accurate numbers as the nation's largest child custody case drags on.
A nonsuit ends court jurisdiction over the child, freeing the families from court orders such as parenting classes, availability for CPS investigators and a requirement to remain in Texas. However, CPS has said in many cases they could still have some level of involvement with the families.
Hundreds of children were placed in state custody when law enforcement and CPS caseworkers responded to the Utah-based polygamous sect's Eldorado property, based on a phone call alleging abuse and neglect.


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Wednesday, September 10, 2008

50 CENT TO ATTEND COURT FOR CHILD CUSTODY

50 Cent is to appear in court next month, to try and win custody of his 11-year-old son Marquis.
The rapper has been battling for custody against his former girlfriend Shaniqua Tompkins for the last few months. Now a hearing will be held on October 22 at the New York Family Court.
During their legal battle, Tompkins suggested 50 Cent - real name Curtis Jackson - was involved with a fire that damaged her home back in May. The rap star has denied having anything to do with it.
Until the court date, Jackson has been granted weekend visitation rights - allowing him to see Marquis every other weekend until the trial starts.


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Friday, September 5, 2008

50 CENT DEFENDS LIMITED CUSTODY REQUESTS

Rapper 50 Cent has defended his child custody requests, insisting he only wants visitation ever other weekend because he wants minimum disruption to his son's education.

The 'In Da Club' hitmaker has been embroiled in a legal battle with his ex-girlfriend Shaniqua Tompkins over custody of 11-year-old Marquise for months, and now the former couple's legal spat will go before a judge on Monday.

50 Cent - real name Curtis Jackson - was reunited with Marquise last month after he accused Tompkins of "kidnapping" their son following a devastating fire at her New York home in May.

The star, who lives in Connecticut, has since been criticised for his request to spend just two weekends a month with Marquise - but the rapper insists he's simply taking his kid's schooling seriously.





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Tuesday, September 2, 2008

Nudist Denied Visits with Grandchildren

Even nudists say their lifestyle is not for everyone.

But the residents of one nudist community in Pasco County says a contractor for the Florida Department of Children and Family Services overstepped its legal authority when it denied placement of two girls in Lake Como.

Lake Como is home to 500 people, few of whom wear clothes around the neighborhood. This spring, one of the residents got a court order granting weekend visits with her two grandchildren at Lake Como. The children's mother lost her parental rights because of several arrests and stints in jail.

On the eve of the girls' first weekend, a case worker for Eckerd Community Alternatives blocked the placement.


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Custody Battle Erupts at School

Two Clarkston parents were arrested Wednesday, after a custody fight over their child spilled over into the classroom.

The two were taken into custody at around 12:30 p.m. Clarkston police said a separated couple encountered each other at the beginning of the afternoon kindergarten session at Parkway Elementary School.

Police said it was a verbal argument, but according to witness reports, at one point, they were physically pulling the child in both directions. Those witnesses said the classroom was cleared as a school resource officer responded and made the arrests. The two were cited for Disorderly Conduct and Disturbing School Activities, then released from police custody.


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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.


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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.


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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.)


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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.


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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.


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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.


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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.


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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.



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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.