Tag Archive for: child custody

Hair follicle testing and false positives for marijuana

Drug testing is sometimes ordered by Wisconsin courts handling child custody cases where a parent is suspected of illegal drug use. The hair follicle test is designed to detect metabolites produced in a person’s body after use of illegal or prescription drugs. A new study in Germany has found, however, that this can be a problem for marijuana testing.

The hair follicle drug test looks for cannabinoids in a test subject’s hair strands to detect marijuana use. Cannabinoids can be transferred to a non-smoker via contact with a marijuana smoker or secondhand smoke, researchers found. This could result in a false positive for marijuana.

Urine tests are the most commonly performed type of drug test, but hair follicle testing is often preferred for child custody cases because it allows lab analysts to look for drug use over a longer period of time. Urine tests are considered the standard for employment screening. Marijuana stays in a person’s system for longer than other drugs, which creates another problem with drug tests. A person could test positive for marijuana on a hair follicle test months after using the drug.

A false positive test could have devastating consequences for parents who are fighting for custody. After failing a drug test, many courts will order supervised contact only and in some cases, no visitation rights at all. Some parents could even face termination of their parental rights if they fail a drug test.

A parent who is concerned about drug testing in a child custody case may wish to consult with a family law attorney. Legal counsel may argue that certain tests are unreliable while asserting to the court that denying parental rights to the client would not be in the best interests of the child.

Making co-parenting work

Many Wisconsin parents of young children are either divorced or otherwise separated from each other, but they must still work together in order to raise the children they share. There are good reasons to try to make co-parenting work, as studies have clearly shown children fare better when they grow up in shared-parenting custodial arrangements.

Co-parenting can be difficult and issues are bound to arise from time to time. When a parent is working with the other parent to raise the child, there are certain approaches they can take to make co-parenting more successful.

The first step for a parent is to look at the other parent as a partner in raising their child. They may want to set boundaries regarding conversational topics, reserving conversations only for their child and what their child needs rather than delving into past wrongs or hurts. Solutions-focused conversations can be helpful. In these, the parent approaches the other with a number of proposed solutions for problems that have occurred. Avoiding arguments is also smart. In some cases, one parent will try to get the other involved in an argument. Refusing to do so can help to smooth things over in the long run. Not giving up on co-parenting is important because it is better for the child’s interests.

Many parenting plans call for different types of shared parenting arrangements. While the child may live primarily with one parent and have visitation with the other, parents often share legal custody of the child. Legal custody involves making major decisions about the child and can include decisions about education, health, medication and religion. Parents who approach legal decision-making and parenting as partners working together may enjoy better relationships with each other and with their child. Children generally love both of their parents and are better adjusted if they see them working together.

Prolonged divorce action can negatively affect children

Although some Wisconsin couples recognize the potential for divorce at the outset of their marriages, many imagine that their relationships will last indefinitely. Difficulties can lead to the consideration of filing for divorce, but many couples will still endeavor to reconcile their differences. Even if the action begins, some will continue to try to work things out, prolonging the action in hopes of resolving their differences. However, it is important to be aware of the impact of such activity on one’s children.

As divorce action begins, a parent’s move out of the home may signal a serious change in life. The transition can be more painful if the matter carries on for an extended period of time. A parent might deal with emotional conflict over the divorce based on advice from friends and family or because of their belief system. Some deal with guilt over the decision and the potential consequences for the family. However, the uncertainty that is created because of a delay in concluding the matter could cause a child to remain unfocused, worried and insecure.

In a particularly stressful parental relationship, it is important to transition into a co-parenting role that will promote a sense of love and security for the children. This could require some counseling to address the emotional challenges related to the deterioration of the marriage. Sound decisions are important for providing the children with stability, and a comprehensive parenting plan can provide a framework for addressing any disputes or concerns.

In some cases, one parent might find the need to request changes in a parenting plan. If a parent decides to relocate because of a new marriage or job change, for example, it may be necessary to seek a modification. However, minor changes to holiday schedules or vacation visitation periods might be addressed in the initial plan as negotiated by their respective attorneys.

Vacations and parenting plans after divorce

When Wisconsin schools let out for the summer, people will be thinking about trips to the lake and other excursions. For divorced parents, vacation planning means informing the other parent. A parenting plan developed during the divorce process should provide clear terms intended to limit conflicts.

A vacation presents an excellent opportunity for parents to maintain a relationship with their children. Many parenting plans have a provision requiring that at least 60 days’ notice be given for a proposed trip. This allows the other parent to make vacation plans that do not overlap and create a dispute about who gets the children. By providing sufficient notice and adopting a reasonable attitude, both parents can demonstrate for their children a willingness to cooperate. This accommodating approach could aid children in accepting the divorce and in forming positive relationships with both parents.

If a parent is initiating a divorce when children are still very young, the need to think about the school years and summer vacation remains necessary. The parenting plan should include language about how to share custody during school breaks. As the children get older, their wants and needs will change, and thus it is important that the plan allows flexibility in this regard

Parents who are facing the end of their marriage are often concerned about how their relationship with their children will be affected. Through the negotiation of a comprehensive plan, a family law attorney can help a divorcing parent to ensure that such relationship will remain sound and intact.

Fathers’ rights after divorce

Many divorced parents in Wisconsin actively try to work together to ensure the well-being of their children. They understand the importance of children having positive relationships with both parents. This usually goes beyond honoring visitation agreements. It also requires both parents to not undermine each other’s parental authority as well as a willingness to be flexible about how much time a child spends with each of them.

In some cases, however, parents without physical custody may begin to feel left out of their child’s life. In most divorces, the father ends up being the non-custodial parent, and some dads may feel as if their relationship is being “managed” by the children’s mother. In some cases, this sort of issue can be easily resolved with frank and open communication between the parents.

Unfortunately, there are instances in which the mother may not be receptive to such feedback. She may seek to further restrict communications between the child and the father. In addition, the mother may be unreasonable about commonplace issues such as changing visitation schedules or even allowing the noncustodial parent to be involved with decisions regarding the child’s education and health care despite the fact that there is joint legal custody.

Child custody disputes can be damaging to all involved. Family law attorneys will tell their clients that the most important consideration is the best interests of the child, yet many parents think that these disputes are more like battles, with a winner and a loser. In these types of situations, the alternative of mediation may be a better way to seek a resolution than protracted litigation.

Mel Gibson Ordered to pay Child Support Bill

Last month, we wrote about Mel Gibson’s hefty child support bill of $20,000 per month for his 1-year-old daughter. Recently, Mel Gibson and his ex-girlfriend Oksana Grigorieva were back in court arguing over several things, including that $20,000 per month bill, child custody, and visitation.

Gibson has already been paying $6,000 per month for the house Grigorieva shares with her mother. Since being ordered to pay the $20,000 monthly, Gibson has withheld payments while he tried to determine if he could deduct the $6,000 housing payment from the $20,000 child support payment.

Los Angeles Superior Court Judge Scott Gordon denied Gibson’s request that the housing payment be deducted from the child support payment, and ordered Gibson to pay $60,000 in back support.

The matter of child custody and visitation remain unresolved at present. Both Gibson and Grigorieva are seeking custody of their daughter. But, not only does Grigorieva want full custody of the baby, she has requested that the court deny Gibson visitation, alleging he is a danger to the child. Judge Gordon declined to make any decision on this request at this point in the proceedings.

Due to past allegations of abuse and heightened media attention to this case, Gibson is concerned about the potential of more private details and personal information coming to the attention of the media. Because of that concern, he requested a gag order, which would preclude both parties from speaking about the case with the media. Judge Gordon refused to issue a gag order, and Grigorieva taped an hour-long interview with Larry King shortly thereafter. However, Judge Gordon did order the parties’ depositions sealed from public access.

Although the issue of child support is resolved for now, the ultimate issues of child custody and visitation remain to be decided. The next hearing in the Gibson-Grigorieva case is scheduled for next Monday and we will keep you posted when new information is available.

Source: CBS News: Mel Gibson and Oksana Grigorieva Together Again for Closed-Door Custody Hearing; Caroline Black, 11/11/2010

Married couples now lead fewer than half of Milwaukee households

Just as the face of the American family has changed, the way family law affects Wisconsin families has changed over the years. Just over 20 years ago, more than 60 percent of family households in Milwaukee were occupied by married couples.

In 2000, 55 percent of family homes in Milwaukee were occupied by a married couple. Today, only 49.5 percent of family homes are occupied by married people. Now, single parents lead the majority of family households in Milwaukee, according to the latest U.S. Census figures. The latest statistics say that women running households without husbands are four times more common than men without wives.

Roberta Coles, the chair of Marquette University social and cultural sciences department, says the trend is no surprise in a society where marriage has lost some of its charm. Coles also blames the economy. In some cases, Coles says, couples want to be married but just can’t afford it.

Even without the commitment of marriage, people are still in plenty of relationships and they are still having children. Some couples are waiting for the right financial moment to tie the knot, while others are completing education and career goals before marrying.

With poverty prevalent in Milwaukee, Coles says it’s likely that brides and grooms will continue to wait to walk down the aisle. The Marquette University chair said that poverty reduces the likelihood of marriage and increases cohabitation.

It is important to note that an increase in the number of children born to single parents has a significant impact on family law in Wisconsin. While a drop in marriage rates is likely to produce a drop in divorce rates, an increase in the rate of children born to single parents will make different types of family court proceedings more important. Without a divorce case that decides family issues, child support and child custody cases will be needed to determine both parents’ rights and obligations towards their children.

Source: Milwaukee Journal Sentinel, “Married couples dip below half of Milwaukee family households,” Georgia Pabst and Ben Poston, 5/11/2011

Mel Gibson and wife reach deal to end two-year divorce case

Over the course of his 28-year marriage, Mel Gibson has accumulated a significant amount of assets. In addition to his wildly successful acting career, Gibson has also pioneered several successful projects as a director. He won a pair of Oscars for his famed 1995 film Braveheart, in which he both starred and directed.

Now, the two-year divorce case between actor Mel Gibson and his wife, Robyn, has finally ended. The former husband and wife reached a deal, which included a marital property settlement dividing the assets the couple shared together.

The divorce proceedings won’t be complete until a family court judge finalizes the agreement, which is expected to happen sometime in August. Details of the settlement between the 55-year-old Gibson, who is estimated to be worth somewhere around $900 million, were not released to the public.

The divorce was initially filed by Gibson’s wife and mother of seven kids back in 2009, following 28 years of marriage. Robyn’s divorce petition cited irreconcilable differences as the reason for the divorce. This all occurred after Gibson’s infamous drunken driving arrest in 2006 in which he exploded into a controversial rant in front of law enforcement.

Gibson continued to be a lightning rod for controversy and legal woes after a 2010 altercation with his then-girlfriend Oksana Grigorieva nearly landed him in hot water. Gibson pleaded no contest to battery charges, received three years on probation and was ordered to receive domestic violence and mental health counseling.

Along with the couples’ seven children, Gibson also has a 20-month-old daughter with Grigorieva who has been the subject of an ongoing child custody and child support dispute.

Source: Australian Broadcasting Corporation News, “Mel Gibson reaches divorce deal,” 6/29/2011

Parents sometimes use children as pawns in disagreements

Many of the decisions and protocol parents need to follow regarding their children are addressed in the divorce decree and child custody/support orders. But there are certainly some events that no one can prepare for. Anger, bitterness, pride and different belief systems often get in the way of sound decisions when divorced parents have arguments about what is best for their children.

Such is the case of a 4-year-old girl that made national news recently when her father did not allow her to accept a trip to Disney World from the Make-A-Wish Foundation. She recently completed her chemotherapy treatments for leukemia that she’s been fighting for the last two years. The Foundation granted her wish to take her Mom, sister and grandparents with her to the Magic Kingdom. But, she needed signed permission from both her parents, and her father refused.

The girl’s mother feels that her father was retaliating because he was only recently granted visitation rights to see his daughter earlier this year. She felt he was using this occurrence as a way to get back at the mother.

He argued that only children who were terminally ill and only had six months left to live should be awarded grants for the foundation. His daughter was declared cancer free. He was also embittered because neither he nor the girl’s other siblings were invited to participate in the trip.

The Foundation argued that it does not focus on terminally-ill children, but provides hope and strength to youngsters undergoing difficult medical procedures.

In the end, the little girl’s maternal family raised enough money for the trip by placing jars at local Haskins businesses and with donations that poured in from around the country through an online account.

Our firm can help you resolved conflicts like the one discussed in this article. Learn more by visiting our Milwaukee, Wisconsin, Family Law web page.

Source: Toledoblade.com, “Help goes national as cancer survivor, 4, will get her wish,” Mel Flanagan, July 20, 2012