Tag Archive for: child custody

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

Move-away child custody cases challenge family law judges

When family law judges make rulings regarding child custody and parenting time in Wisconsin, they may make a decision that is based on the child’s best interests. If parents will be residing geographically close to each other, it may be feasible to create a child custody arrangement that allows both parents to take part in the daily life of the child. When one parent has plans to relocate farther away, the decision of the family law judge becomes more difficult to make.

Some of the most common reasons why one parent requests to relocate to a new area relate to a desire to be close to family or job opportunities. When a custodial parent has the desire to relocate, a request must be made to the court, and a family law judge must review the custody arrangement to determine if the move is beneficial for the child.

With distance between one parent and the child, there is an increased likelihood that the parent-child relationship may become strained. The parent may no longer be able to participate in the daily life of the child due to the distance between them. Because of the considerable impact that a ruling on a move-away request may have on the parent and child, the decision of the family law judge must be made with great care. A number of factors must be reviewed, and some of these include the child’s age, the child’s living arrangement preference, the distance that will be created between the parent and child, if the parents can agree to a co-parenting arrangement and other factors.

When a parent is dealing with a move-away situation with a child custody case, the assistance of a family law attorney in Wisconsin may be helpful. The attorney might help the parent to learn more about his or her legal options and to protect parental rights in a court of law.

Source: The Huffington Post, “In the Child’s Best Interest: What It Means in Move-Away Cases“, Lisa Helfend Meyer, February 12, 2014

Child custody trends creating more single-dad homes

If Wisconsin men follow the national trend, more fathers than ever before are stepping up as single dads. Family law courts used to almost automatically award child custody to the mother. However, the percentage of households with minor children headed by single men rose from one percent to eight percent between 1960 and 2011, according to a recent study conducted by Pew Research Center. Translated into numbers of households, this shows fewer than 300,000 growing to more than 2.6 million.

Analysts credit the trend to the ever-rising U.S. divorce rate, as the percentage of single mothers heading households has also increased over that period, as well as the fact that fewer parents are marrying before children were born or even not getting married at all. Another factor in the growth of the single-dad household is that society no longer looks on a father raising children alone as unusual.

Reflecting this change in societal norms, more states are moving away from favoring the mother in custody disputes and toward shared parenting. In the past, legal custody was often shared by both parents, but physical custody was much more frequently given to the mother. Under this new paradigm, states including Minnesota, Iowa and Oregon favor a 50/50 split of physical custody. Whether a cause or an effect of the shared parenting trend, more dads are believing that they have important contributions to make as a part of their children’s lives.

In a child custody dispute, family courts will most often rule in the best interests of the child or children. However, each state may have its own definition of “best interests,” and judges will adjust their rulings according to the particulars of each case.

Source: The Atlantic, “The Rise of the Single Dad“, Caroline Kitchener, February 24, 2014

Traveling with children after divorce

A Wisconsin parent who has been through a recent divorce may face a variety of difficulties when trying to take a child abroad. If children are younger than 16 years old, both parents must be present when applying for a passport. However, if the couple is divorced, one parent may be present if he or she can prove sole custody. It is also possible for the non-custodial parent to be present if he or she has a court order permitting a specific international trip.

It can be hazardous to allow a child to travel in some cases, especially when the non-traveling parent does not trust that a former spouse will return the child by the appointed date. In some cases, a parent may try to leave the United States with no intention of return in an effort to avoid the terms of child custody and visitation agreements. Child custody rulings made in the U.S. are very difficult to enforce once a parent and child cross the border into another court’s jurisdiction.

However, there are some steps a parent might take to ensure that a former spouse adheres to the terms of child custody agreement. For example, the non-traveling parent may request a ne exeat bond. In such cases, the traveling parent posts a bond and informs the court of the return date for the trip. The bond is in the amount that it would cost to pursue legal action against the traveling parent if he or she does not return with the child.

Alternately, the non-traveling parent may wish to consult with an attorney. An attorney may be able to familiarize themselves with the relevant legal actions that might be pursued should an international abduction take place. The attorney could also help a client understand the different ways that he or she might seek to enforce the terms of a child custody agreement.

Source: Forbes, “Take Precautions Before Your Children Travel Internationally With Your Ex-Husband“, Jeff Landers, May 06, 2014

Child brought back to Wisconsin in child custody dispute

A 23-year-old woman was given three years of probation for reportedly taking her child to California in violation of the father’s visitation rights. According to the child’s father, he had missed 20 scheduled visits with his child due to the fact that the mother could not be found. The father also stated that he believed the mother had taken their 4-year-old son to Mexico at some point. If she successfully completes the probation, she could have the charge expunged from her record.

The mother claimed that the boy’s father was welcome to join the two in California and that the issue was a misunderstanding due to a lack of communication between the two. In issuing his ruling, the judge in the case said that the pair needed to make raising the child a priority and that they needed to figure out a way to effectively co-parent the child.

The father of the child filed a criminal complaint in September 2011 after he could not locate the child or his mother. He also claims that since an arrest warrant only called for the mother to be taken back to Wisconsin from California, he had to drive there to pick up his son. According to reports, the child is currently living with his father in Wisconsin.

When both parents have custody rights to a child, neither parent can take the child away without the consent of the other parent. In extreme cases, a parent may ask a judge to alter the custody arrangement if it is in the best interest of the child. Parents who are concerned about their child custody rights being preserved may wish to speak to a family law attorney to ensure they are able to stay in their child’s life.

Source: Beaver Dam Daily Citizen, “Judge: custody case a ‘mess’“, Ben Rueter, June 09, 2014

NBA All-Star seeking child custody

Wisconsin NBA fans have seen their fair share of family law cases emerge from the stars’ lives. Indiana Pacer Paul George is the latest star to be implicated in a child custody case.

A woman who alleges that the All-Star is the father of her child filed for sole custody of their child. She is currently living in New York with family members, where she has lived since the birth of her two-month-old daughter. George stated in February that he would embrace it if a paternity test showed that the child was biologically his. While a prenatal paternity test was conducted, George is asking for a new paternity test on the 2-month-old child, citing misgivings about the accuracy of a prenatal test. If the child is his, he is asking the case to be transferred to Florida where the alleged parents of the child met. He is also asking that he be given sole custody of the child. Additionally, he is asking that the court award child support to the mother in an amount less than the child support obligations of Florida.

While the mother’s previous petition for child custody cited George’s travel schedule as a reason to give her sole custody, George claims that shared parental responsibility would be detrimental to his child. He says that he is in a better position to make necessary choices for her in all areas of her life and has the necessary financial resources to provide care for her. On the other hand, he says that the mother isn’t capable of caring for the child as she is unemployed and voluntarily refusing to look for work.

Fathers who are not married to the mother of their children often must first establish paternity before they are entitled to other rights. They may seek the assistance of a family law lawyer in order to pursue a child custody of this nature.

Source: INDY Star, “Pacers’ Paul George seeks sole custody of child“, June 30, 2014

Legal custody and reaching a custody agreement

Parents in Wisconsin may have concerns and questions about child custody when separating or going through a divorce, and understanding what custody means can help when parents have issues regarding child support and decision-making abilities. Legal custody gives one or both parents the right to make major decisions about a child or children and is different from physical custody, which refers to time with each parent. Physical custody does not have to be equal, and a parent can make routine or daily decisions when having physical custody.

Parents are generally assumed to share joint legal custody after a divorce. If parents cannot agree about child custody or placement, a court may make a custody determination. Both parties must meet with a mediator at least once before asking the court to intervene. A guardian ad litem will be appointed to investigate the situation and represent a child’s best interests.

The guardian ad litem could take up to a year to investigate, and the guardian may help parents form a custody agreement that the guardian approves of. If there is no agreement, a hearing commences where a judge makes decisions after listening to evidence from the parents and guardian ad litem.

Child custody issues are important during a divorce. A court order can take time when parents cannot reach an agreement as the process might involve a custody study, guardian ad litem, social worker, mediator or child specialist. Since this process can be complicated, thorough and lengthy, the final decision is intended to last. This may make it especially important to consult with a family law attorney when needing an agreement modification, but an attorney may be able to assist with any part of the child custody process.

Source: wisbar.org, “Custody and Placement: Answering Your Legal Questions“, October 19, 2014

Wisconsin appellate court affirms order for mother to return

A Wisconsin Court of Appeals decision recently affirmed a lower court’s ruling that a mother who had moved her children out of state had to return to Wisconsin and re-enroll her children in their former school district. The mother and the father had previously been granted joint legal custody, with the mother being granted 60 percent physical custody time.

The mother and her former husband are parents of two children who have autism. Following the initial custody order, the mother had gotten a job in Illinois. She filed a motion with the court to allow her to move the children out of state. At the modification hearing, she had told the court that the children would be attending school in one of two schools located in the Lincolnshire/Deerfield area. The motion was granted by the court.

The mother did not move to Lincolnshire or Deerfield. Instead, she moved the children to Round Lake. She also filed a separate action in Illinois for divorce against the father. The father filed a motion to have the mother be required to move back to Wisconsin. The court granted the father’s motion, ruling that the mother did not do what she had stated in order to get the out-of-state move approved. The court also ruled she had engaged in overtrial by having proceedings in two different states against the father. She was ordered to either move the children back to Wisconsin or to lose primary placement of them. She was also ordered to pay the father’s court costs and attorney fees.

When parents go to court to seek a modification of a child custody order, it is highly important that they are honest with the court. Failing to follow through with what has been approved can result in negative legal consequences.

Source: State Bar of Wisconsin, “Appeals Court Upholds Order Requiring Mother to Move Back to School District“, Joe Forward, October 31, 2014

Child custody laws in Wisconsin

A parent who wishes to gain custody of a child in Wisconsin must follow the laws that are set forth by the state. These laws also apply to grandparents and other family members who want to try to gain custody of a child. If these laws are not followed, then the child could be placed with another family member or placed in a foster home if there are no other family members willing to take the child.

In regards to child custody, one parent must prove that he or she is a better fit for the child than the other. A judge will often look at what is in the best interest of the child as well as what each parent wants. However, just because a parent wants to keep the child on a full-time basis does not mean that it will happen. The judge will look at the relationships that the child has with all family members and siblings. Other aspects include how long the child has been at his or her school and how well the child fits in with the community.

There are a few things to keep in mind with child custody in Wisconsin. The judge could allow joint custody where both parents share time spent with the child. If there is more than one child in the relationship, the judge can split the children between two homes. Most judges will look to keep siblings together, especially those who are younger.

Parents who do not have custody can speak with an attorney about visitation rights. There can be a visitation schedule set for every weekend, once a month or on a supervised basis. Some children will spend weeks at a time with one parent and other weeks with the other parent. A lawyer may help an individual to present their case and try to gain the best custody agreement for them.

Source: Wisconsin State Legislature, “767.41  Custody and physical placement.“, November 11, 2014