La Crosse man denied custody, charged with threats

After an unfavorable outcome in a child custody case, a La Crosse man has been charged with eight felony counts of threat. In the custody case, the man was denied contact with his children and ordered to undergo counseling. He began seeing a therapist, who told police the man made threats during a session. He allegedly told the therapist that he would “go on a rampage and take down as many people as I can.”

The man is charged with one count of threat to a judge and seven counts of threat to witnesses, Class H felonies, for making threats against a judge, his wife, and social workers. He currently is jailed with a cash bond set at $25,000. His case presents a good example of what not do to when attempting to gain child custody.

Under Wisconsin law, parents may agree where their child will live after divorce. If they cannot reach an agreement, the court will decide based on the best interests of the child. Child custody disputes can be emotionally draining. One’s parenting skills may come under scrutiny. It is important to remain level-headed and cooperative with the court’s requests during this time. Actions that call a parent’s judgment into question or raise concerns about the child’s safety will likely lead a court to conclude that the child’s best interests would not be served by giving that parent custody or visitation rights.

Once the court determines physical placement, it can be hard to modify. Accordingly, someone involved in a custody dispute is advised to seek the advice of an experienced child custody attorney. The attorney can help protect parents’ rights and provide guidance throughout the process.

Source: WXOW.com, “La Crosse man charged with threatening judge, wife, social workers,” Steffani Nolte, Jan. 17, 2013

Wisconsin woman takes child in custody dispute

A warrant has been issued for a Wisconsin woman’s arrest after she failed to return her son to his father in violation of the terms of a custody order. The woman, age 20, and her estranged husband, age 23, have been waged in a bitter child custody dispute over the three-year-old boy. The woman previously accused her husband of emotionally abusing her and of smoking marijuana in the presence of their son.

The boy was transferred to his mother’s care on February 20. She was supposed to return him to his father on February 26 but did not show. She also has not reported to her job at a Wisconsin Dells resort. The woman’s neighbors reported seeing a moving van at her home during the weekend of February 23. Authorities now suspect the woman has taken the boy to her native Uruguay or to Mexico. An international phone number was found taped to the woman’s refrigerator. When it was called, a man answered and denied the woman was there.

Under Wisconsin law, divorcing spouses may reach an agreement regarding the custody arrangements for their child. If they cannot agree, the court will decide where the child will live by applying the “best interests of the child” standard. Emotions can run high during a child custody dispute, but it is important to maintain control. A failure to cooperate can have serious consequences. If a parent violates the terms of a court order, not only will the parent’s custody and visitation rights be in jeopardy, the parent faces possible criminal charges as in the case of this Wisconsin woman.

When involved in a custody dispute, parents need not try to take matters into their own hands. Instead, seek the assistance of an experienced family law attorney. The attorney may be able to help work out a child custody arrangement that serves the child’s best interests.

Source: Baraboo News Republic, “Boy was subject of custody dispute,” Tim Damos, March 7, 2013

Immigration status not relevant to custody, appeals court says

Should a mother’s status as an illegal immigrant have any bearing on whether she is entitled to custody of her child? That was the question faced recently by an appeals court in a child custody case watched closely by immigrants’ right advocates in Wisconsin and elsewhere. To the relief of many such advocates, the court concluded that immigration status had no bearing on the issue of custody.

The case involved a young mother who was an undocumented immigrant living in the United States. In 2009, after becoming an unwed mother at the age of 17, the woman moved in with her daughter’s paternal grandparents and continued to live with them until September 2011. At that time, after a fight with the grandmother, the mother moved out and took her daughter with her. This led to a custody battle between the mother and the grandparents.

The custody dispute proceeded to trial, at which the mother’s status as an illegal immigrant was called into question. Basing his decision at least in part on the mother’s immigration status, the trial judge awarded sole custody of the girl to her grandparents. Following an appeal, the court of appeals reversed the lower court decision and returned the girl to the custody of her mother.

A court generally decides child custody disputes by looking at what is in the best interests of the child. While custody may be awarded to a grandparent or someone other than the biological parent, typically there must a showing that the parent seeking custody is an unfit parent or that the child somehow would be in danger in the parent’s care. In this case, with the help of qualified legal counsel, the mother was able to convince the appeals court that her immigration status did not make her an unfit parent or endanger her daughter in any way.

Source: Star Tribune, “Immigration status not a factor in custody battle, Minnesota court says,” Abby Simons, April 8, 2013

Child custody see changes with more working moms

Judges in different states, including Wisconsin, have started to award fathers custody and spousal or child support because many dads have taken on stay-at-home roles as their wives have become primary breadwinners. With more mothers going into the workplace, fathers are often getting primary custody of their children in divorces. Changing roles in society have altered child custody trends. Sometimes a woman’s desire to be successful can mean that she spends more time outside her home than her husband, which can affect whether she receives physical custody of her children in a divorce.

In the past, women received custody of children because of traditional roles in society. Women often received primary custody of their children and homes while men had visitation rights. Judges have increasingly started to award fathers primary custody because their decisions have been based more on which parents can spend more time with children in a given day, especially when they are younger. When fathers don’t receive physical custody, judges are more prone to give dads 50 percent of the time with their children. Working moms and dads have a better chance of co-parenting if they initially work out parenting agreements together during divorces.

Working parents often work to develop parenting plans in the best interests of their children because going to court can be a lengthy and expensive process. Parenting plans help divorced couples or parents who aren’t together to come up with schedules and other decisions regarding their children.

Child custody agreements are often but not always a part of a divorce process. A child custody dispute between parents can often be emotional for the parents and children. Judges usually award joint custody or decide on a child custody order granting certain visitation rights to one parent and primary custody to the other. A family law attorney may be able to assist in ensuring fair child custody.

Source: Huffington Post, “Child Custody and the Working Mom“, Lisa Helfend Meyer, June 01, 2013

Jason Patric’s case raises questions for Wisconson sperm donors

Actor Jason Patric is involved in a custody battle that’s bringing a lot of attention to a controversial issue. The star of ‘The Lost Boys” is fighting for the right to parent the son whom he fathered through artificial insemination. Although he had allegedly agreed to be a sperm donor for his now ex-girlfriend, the actor claims that he has maintained a relationship with his son for over two years. According to Patric’s lawyer, sperm donation had actually been a last resort after failed attempts to conceive naturally.

Inspired by Jason Patric’s child custody battle, a democratic senator from California has introduced a bill to give sperm donors the ability to seek custody. As long as donors are able to prove that they’ve cared for the child in their own home, SB 115 would allow them to become a legal parent of the child.

With an increasing number of unmarried couples getting pregnant with fertility treatments, supporters of the bill feel that it’s a necessary update of the law. Those who oppose the bill believe that it may threaten the rights of single women and lesbian couples who are seeking sole parentage. Under current law, an unmarried sperm donor who wishes to co-parent must have established an agreement with the mother prior to conception.

Before a man chooses to father a child through artificial insemination, a lawyer may help him draw up a legal co-parenting agreement with the mother. Although there may be a verbal agreement to co-parent the child prior to conception, it must be in writing to be legal. Preventing possible court battles that could happen later on in the child’s life, a legal co-parenting agreement may ensure that those who intend to parent will have parental rights.

Source: Huffington Post, “Jason Patric Inspires Controversial Legislation Over Sperm Donor Parental Rights“, Kathleen Miles, August 13, 2013

Genetic bone disorder poses threat to child custody

Parents in Wisconsin may take heed from the suffering of a number of families across the country torn apart by false allegations of child abuse. One case followed up by news media helps to underline the problem. A father was charged with child abuse after doctors at a hospital reported his child’s fractures to authorities as non-accidental injuries. The man was stripped of child custody rights and essentially forced to move out of his family’s home by the court.

For nine months, the father and mother struggled with accusations that led to a felony charge, and the father was only allowed to visit the child with court supervision. The mother of the three-month-old was eventually contacted by another parent who had faced a similar situation in court. Charges were dismissed in both cases based on medical testing.

Medical personnel typically screen children for conditions that weaken the bones before reporting suspected child abuse to authorities. In both cases, the children did suffer from a condition that weakens bones, but it was thought to be rare and was not included in the initial screenings. The children were found to have Ehlers-Danlos syndrome, an inherited genetic condition that makes the child’s joints and bones fragile and which can lead to fractures.

In cases of suspected abuse, family courts are charged with acting on the best interests of the child, which means ensuring their physical safety. Sometimes, this responsibility leads to the needless separation of children from their parents. These highly emotional cases can leave parents emotionally traumatized and in need of a strong advocate. An attorney with experience in child custody may be able to help a client involved in such a matter.

Source: WFAA, “Rare bone disease leads to bogus child abuse allegations”, Janet St. James, November 15, 2013

Proposed change in child custody and support law

A Wisconsin state legislator has sponsored a bill that would establish custody parity between divorcing parents in that state. Assembly Bill 540 would establish a presumption that equal custody between parents is the best situation for children. The bill also contains changes that impact child support, such as the counting of health insurance premium payments as part of support payments and the cut-off of the amount of income subject to support at $150,000. There is a provision for revision of ordered support in the event that the payor suffers a reduction in income as well.

One family law attorney stated that under the proposed law parents may still make their own arrangements and that the court will not insist on equal custody when there are serious issues with either the mother or father. He also expressed regret that people are legally bound to ordered support amounts that are difficult to pay sometimes due to unforeseen circumstances. Fathers also may have difficulty obtaining equal custody at times and must engage in expensive litigation to obtain parental rights.

Another family law attorney disagreed, characterizing the bill as not being tailored specifically to each case. She also took issue with the inclusion of insurance premium payments in support and the capping of income subject to support, opining that a child should share in the good luck of a parent making an increased income.

The proposed bill does not force family courts to order equal custody but does require that they make the effort when possible. Child custody disputes and divorce can be emotional and adversarial at times. However, the best interests of the child require that parental rights be carefully considered.

Source: WKOV, “GOP bill would change WI child custody, support laws“, Greg Neumann, December 09, 2013

Factors to consider when moving after divorce

After the dust settles from a divorce, Wisconsin parents may decide to move and get a fresh start somewhere else. However, moving may create a conflict with child custody and make it difficult for the noncustodial parent to see the children. Before moving, there are several key factors that families should consider.

The biggest factor of all is what is in the best interest of the child. If the decision is brought before the court, this interest overrules that of a parent’s desire to make more money or live somewhere else. The court will also consider if the move will improve the child and parent’s quality of life. Different children can be impacted by relocating in different ways.

The party that is not moving may decide to contest the relocation. If this occurs, the other party will basically have to prove that the child will not be detrimentally impacted to a significant degree. Loved ones might scrutinize the decision to move and criticize the custodial parent’s decision. Some may believe that the decision was made out of spite and anger. To avoid these types of accusations, custodial parents should make this type of decision when they are more objective and not impacted by their high emotions. The custodial parent should be able to show that the child’s quality of life will improve even though he or she will be separated from the noncustodial parent.

If a parent has custody of a child and wants to move, he or she may want to consult with a family law attorney. The attorney may be able to explain if there is anything in the custody order that precludes this action or the steps the parent can take if the other parent contests the relocation.

Source: The Huffington Post, “6 Things to Expect and Consider When Relocating with Children After Divorce“, Andrea Moore, December 18, 2013

Two children reunited with fathers after international kidnapping

Wisconsin residents with an interest in child custody cases may want to know about a case out of Los Angeles. Two children kidnapped by their mother and kept in Europe were recently reunited with their respective fathers. It is a bizarre kidnapping case complicated by many factors.

The children, fathered by two different men, were taken by their shared mother on an authorized trip to Europe in June of 2012. The fathers became concerned when their sons were not returned on the assigned date of the custody agreement. An international search began with the combined efforts of the FBI, Interpol and local police personnel, and after 18 months, the boys and their mother were finally found. Authorities said the mother had changed the boys’ names and their appearances in order to elude detection.

The mother was arrested in mid December of 2013 in Divonne les Bains in France. She was apprehended on an international arrest warrant. A French court ordered that the boys be returned to their fathers. The mother also faces charges in the United States, where the Los Angeles District Attorney’s Office levied felony criminal charges for two counts of child detention with right to custody against her in August.

Parenting plans are often met with contention by parents involved in custody battles. In a case such as this, when a parenting plan is exploited and results in kidnapping charges, parents may wish to pursue a new arrangement that better suits the child’s needs and ensures the child’s safety. Ultimately, a family court may need to determine the best plan for the child or children involved. Parents could seek appropriate counsel to obtain the best outcome.

Source: Huffington Post, “Fathers Reunited With Their Kids 18 Months After Kidnapping“, Brenda Gazzar, December 30, 2013

Wisconsin may look to shared parenting

The majority of divorces where children are involved end up with one parent having custody of the child and the other parent being given visitation rights, but a number of states are looking to change this. While changes are not expected to happen overnight, several states have either begun amending current legislation related to child custody or initiating studies to look into how shared parenting may affect children of divorce.

Proponents of changes believe that it is in a child’s best interest to be given equal access to parents in most divorces, except in cases of abuse or drug or alcohol related issues. Those who disagree say that it should be up to a judge to determine what is in the child’s best interest on a case-by-case basis.

A variety of reasons explain this shift in thinking, including changing gender roles, positive polling and engaged parents who have been denied what they feel is appropriate time with their children. While the majority of parents who end up with full custody are women, men are increasingly assuming the role of caretaker in families, and some men are now actively pursuing custody. Additionally, lawmakers are more willing to consider these changes because polling shows that most Americans think that children do best when raised by both parents.

Custody battles can be complicated enough without changes to laws or the way that judges decide cases. A divorce lawyer may be able to explain to individuals how current laws work and what is involved in determining custody and visitation. Additionally, a lawyer may also be able to help someone arrange for changes in their current custody or visitation arrangement to allow them to spend more time with their children.

Source: USA Today, “Shared parenting could be new divorce outcome“, Jonathan Ellis, January 27, 2014