Judge takes breast cancer into account in child custody ruling

In Wisconsin, a judge who makes child custody decisions needs to keep the best interests of the child a primary consideration. Broadly defined, a child’s best interests include maintaining his or her relationships with parents, siblings, and other family members as well as the mental and physical health of the parties. A judge can consider physical health of a parent, but a recent case from another state illustrates how controversial this consideration can be.

A judge presiding over a divorce case has ruled against giving a mother afflicted with stage four breast cancer custody of her children because it is unknown if she will recover from the disease. The judge awarded custody of the two children to their father and has stated that the children, ages 5 and 11, must move from their mother’s home by June 17.

The woman and her ex-husband will share custody. However, due to the fact she needed to move to another town for her cancer treatment, she can only invoke the shared custody on weekends and holidays.

The judge’s decision has caused concern with cancer experts and family law attorneys. Some experts on the matter reported they believe that making custody decisions based on protecting a child from an ill parent could have repercussions on future cases.

Experts on both sides of the argument spoke out on reasons for being in favor or against the judge’s decision. A psychologist, in favor of the judge’s ruling, said that children do better with contact with a non-ill parent and in a world free of cancer. A doctor on the other side of the argument said that although this may be true, not seeing the ill parent could also harm the children because children need honest answers about why the other parent isn’t around.

An appeal has been filed to allow the children to stay with their mother.

ABC News, “Judge Cites Mom’s Breast Cancer in Denying Custody of Children,” 5/10/2011

Japan bows to pressure, moves to reform child custody laws

The Japanese government has moved closer to changing its family law system, including the rules governing international child custody. According to Chief Cabinet Secretary Yukio Edano, the Foreign Ministry office would manage cases of international child kidnapping along with the search for abducted children.

The new plan would bring Japan closer in line with the Hague Convention on International Child Abduction.

In 2009, the case of Christopher Savoie brought Japan’s custody laws into intense international focus. His Japanese ex-wife, Noriko Savoie, took his two children to Japan, violating a U.S. court order that required her and the children to stay in the United States. Christopher Savoie traveled to Japan to get his children, took them to a nearby U.S. consulate office and was arrested at the front gate of the consulate by Japanese authorities.

The Japanese government agreed to drop all charges if Christopher would go back to the U.S., leaving his children with their mother in Japan. Since then, Japan has been under increasing pressure to alter the way it manages international child custody cases.

The Savoie case, however, is far from the only one on record. Hundreds of Japanese ex-spouses have relocated themselves and their children to Japan despite legal custody agreements in the U.S. since 1994. According to U.S. State Department figures, 321 children have been wrongfully taken to Japan. To date, all of these cases are unresolved.

Present Japanese law does not recognize joint custody arrangements even among people who live in Japan. Children of divorced Japanese parents rarely spend time with their non-custodial parent.

Complicating international child custody reform efforts is the belief among many Japanese citizens that custodial parents, typically Japanese women, leave the U.S. for Japan with their children because of spousal abuse. This perception has led to a significant number of Japanese coming out against changes to the current child custody laws.

Source: CNN, “Japan takes a step closer to reforming its child custody laws,” Tricia Escobedo, 5/21/2011

A proactive approach can help children deal with divorce

A divorce is difficult for all involved, but when you have children still in the home it’s important to play an active role in helping them understand what is happening, why it is happening, and how it will affect them. This process is very traumatic for kids, and studies have shown that it can even affect their school performance, so you and your soon-to-be ex need to be proactive in helping them.

Parenting experts have some tips for helping children deal with divorce that we would like to share with you. First, you need to explain what is happening. Sit down with your kids, together if possible, in a quiet media-free environment. Calmly, tell them that you are going to be divorcing. Do this during a time when there will not be additional stress, such as when your child is missing out on an activity or staying up way past bedtime.

If you and your spouse must discuss the situation with your child apart from one another, collaborate beforehand to set the story straight. Even if you are bitterly angry at one another, you need to give your child the exact same story. Discrepancy will just confuse your kids and make the emotional trauma more painful.

Assure your kids that the divorce is in no way their fault, and then explain what it means for them. Be practical and answer the questions they will have, such as where they will live and when they will see the other parent. Be honest, but assure them that you love them no matter what and that they will have everything they need. Finally, do not talk negatively about your spouse, even if you feel like it. Remember, they will be your child’s parent for the rest of his or her life, so it is not your job to discredit your soon-to-be ex in front of your kids.

Experienced family law attorneys understand that both spouses’ actions leading up to and during a divorce can be considered by a Wisconsin judge when making divorce rulings on important issues, including child custody and child support. When facing a divorce, a cooperative and proactive approach is often looked upon favorably by family court judges.

Source: ABC Action News, “Parents in action: How to help your children cope with your divorce,” Angela Ardolino, 6/2/2011

Rocker Peter Frampton sees his third marriage end

When a divorcing couple has been married for long time, when they have children together and have substantial assets together, the divorce has the potential to be very complex. In ending the marriage, the issues of marital property division, child custody, child support, and possibly alimony need to be addressed. Often, complex divorces are litigated in court. However, many divorce issues are resolved by the spouses and their attorneys who negotiate a settlement.

The marriage between Peter Frampton and Tina Elfers is an example of a marriage that meets all of the above criteria. Recently, Peter Frampton filed for his third divorce. In 1973, he and Mary Lovett went separate ways. In 1993, Frampton and Barbara Gold split. Now, in 2011, the 61-year-old guitarist and singer is splitting with Tina Elfers.

In 1996, Elfers and Frampton married in Cincinnati. Four years later, they moved from Nashville to Cincinnati so Elfers could see more of her family.

The couple split up on New Year’s Eve, but divorce papers were not filed until recently. Irreconcilable differences were cited as the reason for the divorce.

Frampton and Elfers were married for almost 15 years and have a 15-year-old daughter. Frampton is attempting to get joint custody and visitation rights. Their daughter just finished her sophomore year in high school and has appeared in two recent Hollywood films. She has hopes of having a career as an actress.

Although going through a divorce can be a stressful event, Frampton appears to not be missing a beat. Frampton is currently on a worldwide tour celebrating the 35th anniversary of one his most popular albums. The world tour will wrap up sometime in November.

Source: USA Today, “Peter Frampton files for divorce,” John Kiesewetter, 6/24/2011

Maria Shriver officially files her divorce petition

When the news initially broke that Maria Shriver and Arnold Schwarzenegger, it was not clear what was going to be next for the couple. They announced their separation just weeks after the 25th anniversary. The couple had accumulated substantial assets over those 25 years, with Schwarzenegger as a lucrative box office draw and Shriver working as an acclaimed journalist over many of those years. The couple also has four children, two of them under 18 years of age, together. If they were going to file for divorce, the issues of marital property division, child support, child custody, and alimony would need to be resolved.

Recently, we learned more about the fate of their marriage. Citing “irreconcilable differences,” Maria Shriver officially filed for divorce from Arnold Schwarzenegger in California last Friday. Like Wisconsin, California is a community property state. This means that both spouses are legally entitled to half of the property earned during the marriage.

The divorce filing came six weeks after it became publicly known that Schwarzenegger had an extra-marital affair and had fathered a child with the family’s housekeeper. The couple separated after Shriver learned of the affair.

According to the divorce petition, Shriver is seeking to share physical and legal custody of the couple’s two minor children with Schwarzenegger. The petition also states that the property accumulated during their marriage will be divided at a later time.

Given the tumultuous circumstances surrounding their separation and divorce, one could easily foresee that this divorce would be a hotly contested one. However, the fact that Shriver wants to share child custody with Schwarzenegger indicates that this divorce may be on its way to being settled by the parties.

Source: San Francisco Chronicle, “Maria Shriver seeks divorce from Schwarzenegger,” Carla Marinucci, 7/2/2011

Wisconsin man charged with interfering with child custody

When a divorcing couple in Wisconsin has children, the divorce decree will typically include a child custody order. These child custody orders have the full effect and force of the law and parents who try to change the terms of child custody on their own can face serious legal consequences.

Like court orders for child support, child custody orders cannot be changed without involving the court system. A family law judge has the final say on any changes to child custody orders. Recently, a Wisconsin man landed in hot water when he did not strictly abide by the terms of a child custody order.

The man had been in a prolonged child custody dispute with his ex-wife, and the couple had a planned custody exchange scheduled at 5:00 in the evening on June 19. However, he did not show up for the exchange and his ex-wife called the police.

The police began a search for the man and the couple’s two children and located them at around 1 a.m. on June 21. The children were returned to their mother and the man was arrested. He initially faced felony charges of interference with child custody.

A judge later reduced the charges against the man to disorderly conduct after hearing testimony from those involved and hearing from the man’s attorney. According to the man’s attorney, he withheld custody because he feared for the safety of his children and did not want to return them to his ex-wife until he could get an emergency placement hearing.

As this story demonstrates, courts are heavily involved in child custody matters and it can be easy for a parent to get into legal trouble if he or she acts rashly. When there is a dispute involving child custody, it is important for parents to work with an attorney and with the court system instead of taking matters into their own hands.

Source: Barron News-Shield, “Charges reduced on Scott Mancl,” Mary Glynn, 7/9/2011

Single fatherhood on the rise in Wisconsin

Records obtained from the most recent U.S. Census indicate that an increasing number of single fathers have custody of their children in Wisconsin.

The number of homes in which a single father is raising children under the age of 18 has grown by 35 percent since 2000. Households headed by single men with minor children numbered 57,788. This represents the largest growth in family households in Wisconsin.

About 146,000 households in Wisconsin are managed by single moms, representing a 13 percent increase. Couples who are married with children still represent the bulk of households in the state at 68.5 percent though that number is down by about 10 percent since the previous census in 2000.

The transition to being a single parent is not always easy for new parents who often can’t anticipate what managing a household alone with children entails. Single parents call attention to the importance of communicating with the children and being honest with them. Others speak of the need to adjust and to include time for themselves during the day.

Many single-parent households are the product of divorce. However, many single parents are never married. As family law attorneys are seeing a shift towards more single-parent households in Wisconsin, the type of family law cases we handle shift as well. When parents are divorced, the divorce decree will specify the terms of child custody, visitation and child support. On the other hand, when parents are never married, these important issues can be settled in a paternity lawsuit.

Source: GreenwichTime.com, “Census data shows more homes led by single dads,” 19 June 2011

Jennifer Lopez and Marc Anthony announce divorce

After seven years of marriage, Jennifer Lopez and Marc Anthony announced their divorce in a joint statement this month. “We have decided to end our marriage,” the couple declared in the statement. “This was a very difficult decision. We have come to an amicable conclusion on all matters,” the statement continued. Lopez and Anthony are the parents of three-year-old twins.

Lopez and Anthony dated briefly during the 1990s, became long-time friends, and even appeared in music videos together. Their friendship turned into a romantic relationship in early 2004, just two months after Lopez and actor Ben Affleck ended their engagement. Meanwhile, Anthony was separated from his wife, former Miss Universe Dayanara Torres. On June 5, 2004, Lopez and Anthony married in a quiet home wedding, only four days after Anthony’s divorce from Torres.

Nevertheless, Lopez and Anthony’s divorce announcement is not a surprise. Many even expected this outcome. Rumors of divorce surrounded the couple in 2008, when Lopez attended the premiere of “The Curious Case of Benjamin Button” without Anthony and without her wedding ring. Even though the couple performed together at the 2011 “American Idol” final, many people observed that their show lacked the chemistry of past presentations together.

Rumors increased this month when Lopez took her mother, Guadalupe, as her date to the British Academy of Film and Television Arts gala, where they meet Prince William and Duchess Kate. Two things missing at the BAFTA gala were Lopez’s husband, Anthony, and her wedding ring. Reports circulating in the Internet attribute Anthony’s excessive jealousy and temper to the reason behind the split.

So far, the couple has characterized their split as an amicable one. However, the couple will need to resolve several important issues in order for their divorce to be finalized, including marital property division, child support and child custody.

Source: USA Today, “Jennifer Lopez, Marc Anthony call it quits,” Olivia Barker, 15 July 2011

Kelsey Grammer reaches child custody arrangement with ex-wife

Child custody battles are never pleasant, whether you’re a celebrity or a regular person working through a divorce. TV star Kelsey Grammer and his reality-TV star wife prove this.

The couple, who divorced in 2011 after 13 years of marriage, struggled to reach a child custody agreement for their 9-year-old daughter and 6-year-old son.

In late July, the couple reached at least a temporary agreement. Grammer’s wife, it turns out, will have custody of the two children more often than will Grammer. The agreement, according to a recent story in the Winnipeg Free Press, also takes into account the travel schedule of the 56-year-old Grammer.

This represents only a first step, though. The former spouses still need to reach an agreement on child support and permanent custody.

Earlier, during the couple’s divorce proceedings, Grammer had suggested splitting up the former couple’s children, with Grammer taking custody of his son while his former wife had custody of the couple’s daughter. Grammer’s ex-wife, though, rejected this arrangement, arguing that such a move would prove a disruptive force in her son’s education.

The Grammers still have much to work out regarding child custody. However, the couple has at least taken the first steps to reaching a compromise agreement. This is an important lesson for all couples working through divorce proceedings today. Reaching agreement over child custody is never an easy process. Couples must consider a host of factors, and must weigh competing interests.

Nevertheless, the goal of any child custody dispute should be to find the best living situation for the children of divorce. Couples who can do this will go a long way toward lessening the impact of their separation on their children.

Source: Winnipeg Free Press, “Kelsey Grammer agrees temporary child custody deal,” 21 July 2011

Mother with cancer loses custody of her children

Child custody battles in Wisconsin are seldom easy. One such battle recently fought in another state, though, has been tougher than most.

In this case, a North Carolina mom was fighting two battles at once: She wanted to retain custody of her children, and she was also battling Stage 4 breast cancer.

Earlier this month, the mother lost her legal battle. The North Carolina Supreme Court ruled that the woman’s two children, a 6-year-old boy and 11-year-old girl, must move from their home in Durham to live with their father in Chicago before the start of the new school year.

The mother is appealing the decision. However, it’s unclear if the Supreme Court would want to uproot the children again after they move to Chicago.

This child custody battle was a particularly messy one, according to a recent story in Time Magazine. Both the mother and father in this case were painted as parents who were far from perfect. The sides in the case accused each other of infidelities, domestic violence and poor parenting skills.

Nevertheless, the supporters of the mother wonder if she isn’t being discriminated against because she has cancer. An oncologist at Duke University Medical Center in Durham told the court that there is no reason to believe that the mother in this case could not be one of those cancer patients in which the disease does not progress any further.

This painful case is a reminder of how important it is for family law judges who are making child custody rulings to consider the best interests of children involved.

Source: Time, “Mom with Cancer Loses Custody of Kids,” Bonnie Rochman, Aug. 13, 2011