Tag Archive for: child custody

Child custody issue amplified after international abduction

A jury recently convicted a Virginia pastor for aiding and abetting a mother who took her biologically related daughter out of the United States. In 2000, the mother married another woman in a Vermont-sanctioned civil ceremony. During the couple’s marriage, the biological mother conceived the girl through artificial insemination. The domestic couple split in 2004.

Afterwards, a family law court awarded primary custody to the biological mother and awarded visitation rights to the ex-partner. The biological mother appealed, claiming that she is no longer gay and that her ex-partner should not be allowed to visit the child. An appellate court affirmed the family court’s ruling.

When the case went back down to family court, the judge indicated that he was inclined to grant custody of the child to the ex-partner because the biological mother kept defying a series of court orders allowing the ex-partner to see the child. Prompted by the judge’s warning, the mother sought the aid of a Mennonite pastor. He arranged for another person to drive the mother and daughter to Canada where they were taken to an airport to catch a flight to Nicaragua.

The mother apparently chose to flee to Nicaragua because it is not a party to the 1980 Hague Convention Treaty that requires the return of children illegally taken from member countries. After their arrival in Nicaragua, American Mennonites took them in because they felt the child needed protection from what they consider an immoral lifestyle. The ex-partner hopes that the jury’s verdict against the pastor sends a message to Nicaragua that it should return the child safely to Vermont.

Notwithstanding the verdict against the pastor, the real issue is whether domestic partners who are not biologically related to children conceived during gay civil unions should have custody or visitation rights. Family law attorneys are equipped to handle a wide variety of child custody situations.

Source: Wisconsin Gazette, “Lesbian mom sues pastor who helped ex kidnap child,” Aug. 15, 2012

Seal and Heidi Klum submit custody paperwork

The initial separation between supermodel Heidi Klum and singer Seal started off amicably. However, the recent public arguments between the power couple might mean that things are about to turn nasty for the pair. As the couple discusses child custody for their three children, several variables will determine the outcome of the battle. In addition, Klum has a daughter from a prior relationship who is also involved in the custody battle.

The supermodel asked for primary physical custody in the spring. She requested that Seal have visitation rights. He submitted legal requests to the court that asked for joint physical custody of the children as well.

One of the main concerns for parents during a separation and divorce is child custody issues. Addressing the emotional issues of custody and visitation rights can be stressful for all involved parties. An attorney who understands the tricky dynamics of family law can help mediate acceptable solutions for both parties. Although mediation is usually the first choice in resolving child custody issues, an attorney will take their clients’ cases to court if a judge is needed for settlement.

Attorneys can also address the financial issues that inevitably come up during a divorce, including the division of property, alimony and child support. They should have a solid background in family law so to avoid potential conflicts before they happen. An experienced attorney will strategize with clients and make suggestions in each relevant area. Parents and their children need to be protected as they prepare and plan for the future.

Source: The Huffington Post, “Celebrity Custody Battles: Will Seal And Heidi Klum’s Child Custody Dispute Turn Ugly?” Aug. 29, 2012

Program gives divorced dads ways to stay connected with kids

Research has shown that maintaining a strong father-child relationship after a divorce is important for the child’s well-being both while growing up and as an adult. But about 50 percent of all marriages end in divorce, and mothers receive primary child custody 80 percent of the time. As a result, divorced dads often feel disconnected from their children and struggle to maintain a close relationship.

The University of Wisconsin currently is evaluating the effectiveness of an online intervention program that provides non-custodial fathers with strategies for remaining connected with their kids and for managing their relationships with their ex-wives. The program, called Apart, Not Broken: Learn, Connect, and Create, lets fathers learn from the experiences of other dads using a combination of videos and other online resources.

In Wisconsin, if parents do not agree on a mutual agreement on where their child is to live following divorce, also known as physical placement, the court decides based on what is deemed to be in the best interests of the child. Once physical placement has been determined by court order, a visitation schedule, also known as a parenting plan, is created to determine the time the child will spend with the other parent.

After physical placement has been determined by court order, it can be difficult to modify. Accordingly, it is important to seek help from an experienced child custody attorney up front. An attorney can work to make sure child custody and visitation issues are addressed in a manner that protects the child’s best interests and preserves critical parent-child relationships.

Source: The Northwestern, “Children of divorce benefit from relationship with both of their parents,” Chris Kniep, Nov. 27, 2012

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

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