Tag Archive for: child custody

Child custody terms reached by Sheen and Mueller

The highly discussed and publicized divorce between television star Charlie Sheen and Brooke Mueller has finally reached a point of agreement over terms of child custody. They have two two-year-old twin boys, and their custody is based on a highly customized and rigidly structured plan.

Both Sheen and Mueller have dealt with alcohol and drug dependencies, and these concerns were major factors in the settlement. Concerns about drug use led to the inclusion of several important clauses in the custody agreement. The terms are strictly based on the stipulation that both Mueller and Sheen must remain free of drug and alcohol use; otherwise, the agreement will be subject to change.

During the first two months of the agreement, Sheen will have the boys every other weekend for the period of Saturday morning through the evening of Sunday. If the rules are followed by both parents, the next two-month period will see increased parenting time for Sheen. He will have Saturday morning to Monday morning every other weekend. If the terms are not violated, Sheen will then get the boys from Wednesday morning until Thursday morning, in addition to the weekend period. Mueller will have the twins during the times that Sheen does not.

Both parents will be randomly tested for drug and alcohol use as required by the agreement. Additionally, both Charlie Sheen and Brooke Mueller must always have a nanny present for the duration of their times with the children. Also stated in the terms is a condition that neither parent is permitted to be photographed with a romantic partner in the presence of the boys.

Sheen’s notorious “goddesses” are also included in the child custody agreement. Sheen’s romantic partners are prohibited from showing affection to the boys in public by the terms of the agreement.

Source: US Magazine, “Charlie Sheen, Brooke Mueller Reach Custody Agreement,” 4/2/2011

Abducted girl found in Germany, returned to her father

In December, we wrote about the serious problem of international child abduction by parents. The most common scenario for international child abduction involves a marriage and divorce between citizens of different countries. All too often, one of the parents will attempt to ignore a valid child custody order and take the child to another country. Many left-behind parents have little recourse when this happens. However, a recent story demonstrates how some children are successfully returned to their parents.

A 5-year-old girl who was missing since June of 2010 was recently found in Germany following an investigation conducted by international and local authorities. Bijan Richard, the father of the girl, had all but given up hope of seeing his daughter once again.

Richard returned from Germany to the U.S. recently after failing to find his daughter when an informant gave him specifics regarding the abducted girl’s location.

Richard and his former wife had been in a heated child custody battle. The 43-year-old woman allegedly abducted the girl during a June visit and brought her to Germany. The woman is currently in German custody awaiting extradition. She will likely face criminal charges in the U.S., including a felony charge for violating a child custody order.

The 5-year-old girl was ultimately located by agents from Interpol, an international police force.

According to Richard, the informant met his ex-wife, along with his daughter, in Germany. The informant was suspicious that something was wrong when the daughter and mother gave conflicting stories regarding Richard, and, following some investigation of his own, determined that the girl had been abducted and he contacted Richard.

In the meantime, the girl was separated from her mother and placed in the care of a foster family as she waited for Richard’s arrival. After nearly one year apart, the two reunited and returned to the United States. Richard said that his daughter’s hair is shorter, but her vocabulary is larger.

Source: KWGN.com, “Abducted Littleton girl, 5, found in Europe, mother faces charges,” Tammy Vigil, 4/12/2011

Halle Berry relieved and happy child custody resolved

Calling it “a year full of challenges,” actress Halle Berry admitted that she was finally satisfied to be at the end of a lengthy child custody dispute with her ex-partner Gabriel Aubry. Berry and Aubry are the parents of a three-year-old girl and have been going rounds in family court since last May when the never-married couple split up.

Details of the couple’s custody arrangements weren’t revealed, but Berry confessed that “it is a relief when you can resolve things in a good way.” The actress said the tough times between the couple had nothing to do with one parent trying to take the child away from the other. She and Aubry had come to what Berry called an “impasse.”

That parental friction in the courtroom caused Berry to drop out of two events in the last year. One was a New Year’s Eve appearance and the other an opportunity to play opposite Samuel L. Jackson in the new Broadway show “Mountaintop.”

Berry did not mention if she regretted missing those events, although she did say it made her happy that the custody issues she and Aubry had were resolved with the help of the legal system. She credits the family court judge with helping the couple come up with a workable solution that was in the best interests of their daughter.

The new co-parenting plan between the actress and Aubry was not an easy one to hammer out, according to Berry, although she seemed pleased with the results. The actress said, “For her sake, this is the best way. We both love her more than life.”

Source: UKPA, “Halle’s happy custody resolution,” 4/21/2011

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