Tag Archive for: sole custody

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

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

Jon Gosselin attempting to change custody order

Wisconsin reality television fans may have been following the story involving Jon Gosselin and his quest to get custody of his 11-year-old daughter. Reports indicate that the girl told her father that her mother was being cruel toward her and that she was being forced to continue to appear on television although she didn’t want to. Jon and his ex-wife Kate Gosselin were said to be on bad terms prior to their divorce and do not have a relationship currently.

However, whether or not a judge will modify an existing custody order depends on whether or not there has been a change in circumstances. It will be up to Jon Gosselin as the non-custodial parent to prove that such a change has taken place. It is unlikely that he will get custody of the child, as changing the custody order could have an impact on the other children.

If the two parents desire, they may be able to reach a compromise in a situation such as this one. Reaching a middle ground will allow the girl to spend more time with her father without having to take her away from her brothers and sisters. This may be seen as in the best interest of the child, which would be the top priority of any ruling that a judge may make.

Parents who wish to modify an existing child custody order may wish to talk to the custodial parent before taking legal action. It may be possible to come to an agreement that is in the best interest of the children without the need to go to court. However, if no agreement can be reached, it may be worthwhile to consult an attorney to determine how a parent may gain sole custody or additional parental rights to a child.