Tag: Child Custody

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Child Custody Divorce Family Law

Child Custody: Your Options

One of the biggest things to come out of Brad Pitt and Angelina Jolie’s divorce was the discussion about child custody. Though it was contentious at times, there are a lot of things that can be learned from it.

If you and your soon-to-be-ex spouse share children, you’ll want to know what options you have when it comes to child custody. Often times child custody disputes are responsible for drawing out divorce paperwork. As always, it’s advised that you work with a family law attorney to help settle your divorce.

Child Custody: Your Options

There are different forms of child custody: legal custody, physical custody, sole custody, and joint custody.

Physical Custody

Physical custody means a parent has gained the legal right (typically through a court ruling) to have a child live with him or her. Usually, if a parent has physical custody they also have sole custody of the child, which means the other parent has visitation rights.

Sole Custody

There are two forms of sole custody a parent can have: sole legal custody or sole physical custody. Courts seem to be moving away from awarding sole custody to one parent as more information is coming out about the importance of having both parents in a child’s life. In cases where a parent has been deemed unfit due to a history of neglect or abuse, a known dependency on drugs or alcohol, or a new parent that has been deemed unfit, a court will usually award sole physical custody to one parent.  It’s advised that unless a parent has demonstrated the above issues, that you do not seek sole custody, due to the importance of having both parents in a child’s life.

While the trend is to award joint custody, in cases where courts do award sole physical custody the parents still usually share joint legal custody (which means both parents are able to make legal decisions regarding the child), unless a parent has been deemed unfit to make those legal decisions.

Legal Custody

Legal custody allows a parent to make decisions regarding various aspects of a child’s life, including education, religion, and medical care or legal issues.

Joint Custody

Joint custody is able to be awarded to the parents if they are divorced, separated, no longer living together, or if they never lived together but still shared a child. The awarding of joint custody to both parents means each parent is able to make decisions regarding the child. Joint custody also comes in various forms, including joint legal custody, joint physical custody, or joint legal and physical custody. Usually, if a couple shares joint physical custody they also share joint legal custody. But if a couple shares joint legal custody they do not always also share joint physical custody.

Preparing for Your Child Custody Case Hearing

One you have filed your petition to be granted sole child custody you will receive a date for either a mediation session or a court hearing. You’ll want to be prepared going into this meeting. Here are some steps to prepare.

Work with Your Family Law Attorney

Your family law attorney will help you prepare for the mediation or court hearing. If you have been working with a family law attorney up to this point, chances are you have already built your case for why the other parent is unfit to raise the child or children you share. If you have not been working with a family law attorney, you will need to gather evidence of this on your own. We’ll discuss this more in depth further below.

Serve the Other Parent

After the petition has been filed, you’ll need to let the other parent know that you have done so and that you are requesting that a change be made to the current custody agreement. You can either work with your family law attorney to have the notification served, or work with a service company or the courthouse to have this done.  Once the notification is served, the person who served the papers will need to provide you with proof that the other parent has been made aware. This is called “Proof of Service.” You’ll need to provide this to the court.

Preparing Evidence

law generic

Family law courts prefer to award joint custody to both parents. Because of this, you will need to prove that the other parent is unfit and unable to handle custody of your child. This may be proven a number of ways. Here are a few examples:

  • A history of abuse or neglect. Are there any police reports that have been filed against the other parent? Are there other pieces of evidence? Are there witnesses that can corroborate your story?
  • Lifestyle. Does the other parent have a job? Is it a steady job that can ensure the other parent is able to financially take care of the child? Where does the other parent live? Is it a safe environment?
  • Emotional and physical health. Is the other parent physically and mentally able to care for the child?

Once you have prepared all your evidence, either on your own or with the help of a family law attorney, you will be ready for the mediation or court hearing. If during the mediation session you are unable to come to an agreement, then the case will need to go before a judge. Hopefully, either through mediation or the court hearing, you will then be granted with sole child custody.

It should be noted that if a parent strongly disagrees with how the court has decided on the custody case, there is always an option to appeal.

Appealing Child Custody Decisions

Child custody cases are difficult due to the nature of the subject. A family law court will always rule in the best interest of the child. It’s important to note that an appeals court will not review a case just because one party disagrees with what the judge decided. If you feel your child custody agreement was arrived at because the court made a substantive error (either procedural or legal) you are able to appeal the court’s decision. Here’s how to appeal a child custody ruling.

Work with a Family Law Attorney

Working with a family law attorney will help you prove your case. In the case of appealing an already decided agreement, the family law attorney will need to prove that the previous decision was arrived at inaccurately due to a legal error or a procedural error.

Rules of Your Jurisdiction

Every state has different rules that given child custody cases and appeals. A family law attorney will be familiar with the rules of your specific jurisdiction and will be able to help guide you through the process. If you are not working with a family law attorney, you will need to research the rules on your own. These jurisdiction rules govern what your timeline is for filing an appeal to your child custody case, as well as exact guidelines for what should be contained in the petition to appeal. You can find these rules online or at your local courthouse.

Prepare an Appellate Petition

Next, you will need to prepare an appellate petition. This petition outlines why you are appealing the current child custody decision, as well as lists the errors that the lower court made when deciding on your child custody decision. If you are not working with a family law attorney, you might want to have the petition you fill out reviewed by one, just to ensure it has been done correctly. Next, you will file this petition with the court, as well as have a notification of the filing served to your opposing party.

Review of Appellate Petition

The court will then review the appellate petition and decide whether or not to hear your child custody appeal. If the court decides to hear your case, you will need to prepare a brief that explains your reasons for appealing the initial child custody agreement. This brief should include the lower court’s rules, case law, and all the facts that were presented in the initial custody hearing. A judge will review this and offer a final decision.

When parents live in different locations, either different states, countries, or even towns, the issue of child custody can become very difficult. It’s not uncommon for parents to request move away court orders.

Working with A Family Law Attorney

When it comes to child custody decisions, you’ll want to work with a skilled family law attorney. There are a number of things that need to be considered, namely the best interests of the child, but also what type of custody you are hoping to acheive. Working with a skilled attorney can help ensure you get a fair case.  For advice on divorce, child custody determinations, setting up a co-parenting agreement, dividing marital property, and spousal support you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Child Custody Divorce Family Law

Bethenny Frankel Suing for Child Custody

Bethenny Frankel, star of the Real Housewives of New York City, is suing her ex for full custody of the couple’s 7-year-old daughter.

Bethenny Frankel Suing for Child Custody

Bethenny Frankel, the mogul behind the Skinny Girl brand and star of the Real Housewives of New York City, is suing ex-husband Jason Hoppy for full custody of their 7-year-old daughter, Bryn.

This custody battle comes two months after the exes reached a resolution in the harassment and stalking charges that Frankel had brought against him after he was arrested for allegedly threatening her at Bryn’s school last January.

A spokesperson for the New York District Attorney’s confirmed that Hoppy agreed to a plea deal involving an ACD (a family adjournment in contemplation of dismissal) to settle the harassment charges.

As part of the ACD, Hoppy will need to comply with Frankel’s order of protection for six months. That means during that six months Hoppy must have no communication with her, and must stay away from her home and place of business.

In the meantime, it appears Frankel will be suing Hoppy for full custody. The couple is due in court in January for trial.

Frankel and Hoppy Divorce

Frankel and Hoppy, both 47, finalized their divorce in July 2016 after announcing their split in 2013. Frankel herself admitted the divorce had “gone on way too long.”

“I feel like I’m on the 18th hole of the golf round now. I feel like we’re here,” she said at the time. “I feel like I survived something. When it all shakes down, I’ll be a woman who has not kind of just felt backed into a corner. I stayed strong and I did what was best for myself, my daughter, for women.”

During an episode of the Bravo TV show she is famous for, she expressed her feelings about the divorce. “I don’t know why I’m being punished this way,” she said. “My custody situation is over, my financial settlement is over, my apartment is sold, and yet I sometimes feel hopeless. And I sometimes feel like my ex is untouchable and I’m not going to be able to get out of this.”

Frankel has also said the only thing that would free her from Hoppy’s alleged torment would be to move forward with a “zero contact” solution.

“Any resolution is legally mandated, and I’m fine with that,” she said. “I don’t care what happens, I have faith that somehow I will be able to live a normal free life. But it has to be with zero contact. Because with any contact, this will not end.”

Frankel insisted Bryn was not aware of what was going on between her parents.

“[Bryn’s] very pure and innocent and happy and she doesn’t really understand what a reality television show is, much less the things [we’re] talking about,” Frankel said. “It’s extremely advanced and complicated. I live in a house alone with my daughter when I have her. So there’s no pressure at all. She’s very isolated in her life and she’s very happy.”

“I’m definitely at my happiest when I’m with [her],” she added. “She is the sweetest, nicest person. Just going to the beach. The simple things in life. Those are the happy moments.”

If you and your soon-to-be-ex spouse share children, you’ll want to know what options you have when it comes to child custody. Often times child custody disputes are responsible for drawing out divorce paperwork. As always, it’s advised that you work with a family law attorney to help settle your divorce.

Reviewing Your Child Custody Options

There are different forms of child custody: legal custody, physical custody, sole custody, and joint custody.

Physical Custody

Physical custody means a parent has gained the legal right (typically through a court ruling) to have a child live with him or her. Usually, if a parent has physical custody they also have sole custody of the child, which means the other parent has visitation rights.

Sole Custody

There are two forms of sole custody a parent can have: sole legal custody or sole physical custody. Courts seem to be moving away from awarding sole custody to one parent as more information is coming out about the importance of having both parents in a child’s life. In cases where a parent has been deemed unfit due to a history of neglect or abuse, a known dependency on drugs or alcohol, or a new parent that has been deemed unfit, a court will usually award sole physical custody to one parent.  It’s advised that unless a parent has demonstrated the above issues, that you do not seek sole custody, due to the importance of having both parents in a child’s life.

While the trend is to award joint custody, in cases where courts do award sole physical custody the parents still usually share joint legal custody (which means both parents are able to make legal decisions regarding the child), unless a parent has been deemed unfit to make those legal decisions.

Legal Custody

Legal custody allows a parent to make decisions regarding various aspects of a child’s life, including education, religion, and medical care or legal issues.

Joint Custody

Joint custody is able to be awarded to the parents if they are divorced, separated, no longer living together, or if they never lived together but still shared a child. The awarding of joint custody to both parents means each parent is able to make decisions regarding the child. Joint custody also comes in various forms, including joint legal custody, joint physical custody, or joint legal and physical custody. Usually, if a couple shares joint physical custody they also share joint legal custody. But if a couple shares joint legal custody they do not always also share joint physical custody.

Preparing for Your Child Custody Case Hearing

One you have filed your petition to be granted sole child custody you will receive a date for either a mediation session or a court hearing. You’ll want to be prepared going into this meeting. Here are some steps to prepare.

Work with Your Family Law Attorney

Your family law attorney will help you prepare for the mediation or court hearing. If you have been working with a family law attorney up to this point, chances are you have already built your case for why the other parent is unfit to raise the child or children you share. If you have not been working with a family law attorney, you will need to gather evidence of this on your own. We’ll discuss this more in depth further below.

Serve the Other Parent

After the petition has been filed, you’ll need to let the other parent know that you have done so and that you are requesting that a change be made to the current custody agreement. You can either work with your family law attorney to have the notification served, or work with a service company or the courthouse to have this done.  Once the notification is served, the person who served the papers will need to provide you with proof that the other parent has been made aware. This is called “Proof of Service.” You’ll need to provide this to the court.

Preparing Evidence

law generic

Family law courts prefer to award joint custody to both parents. Because of this, you will need to prove that the other parent is unfit and unable to handle custody of your child. This may be proven a number of ways. Here are a few examples:

  • A history of abuse or neglect. Are there any police reports that have been filed against the other parent? Are there other pieces of evidence? Are there witnesses that can corroborate your story?
  • Lifestyle. Does the other parent have a job? Is it a steady job that can ensure the other parent is able to financially take care of the child? Where does the other parent live? Is it a safe environment?
  • Emotional and physical health. Is the other parent physically and mentally able to care for the child?

Once you have prepared all your evidence, either on your own or with the help of a family law attorney, you will be ready for the mediation or court hearing. If during the mediation session you are unable to come to an agreement, then the case will need to go before a judge. Hopefully, either through mediation or the court hearing, you will then be granted with sole child custody.

It should be noted that if a parent strongly disagrees with how the court has decided on the custody case, there is always an option to appeal.

Appealing Child Custody Decisions

Child custody cases are difficult due to the nature of the subject. A family law court will always rule in the best interest of the child. It’s important to note that an appeals court will not review a case just because one party disagrees with what the judge decided. If you feel your child custody agreement was arrived at because the court made a substantive error (either procedural or legal) you are able to appeal the court’s decision. Here’s how to appeal a child custody ruling.

Work with a Family Law Attorney

Working with a family law attorney will help you prove your case. In the case of appealing an already decided agreement, the family law attorney will need to prove that the previous decision was arrived at inaccurately due to a legal error or a procedural error.

Rules of Your Jurisdiction

Every state has different rules that given child custody cases and appeals. A family law attorney will be familiar with the rules of your specific jurisdiction and will be able to help guide you through the process. If you are not working with a family law attorney, you will need to research the rules on your own. These jurisdiction rules govern what your timeline is for filing an appeal to your child custody case, as well as exact guidelines for what should be contained in the petition to appeal. You can find these rules online or at your local courthouse.

Prepare an Appellate Petition

Next, you will need to prepare an appellate petition. This petition outlines why you are appealing the current child custody decision, as well as lists the errors that the lower court made when deciding on your child custody decision. If you are not working with a family law attorney, you might want to have the petition you fill out reviewed by one, just to ensure it has been done correctly. Next, you will file this petition with the court, as well as have a notification of the filing served to your opposing party.

Review of Appellate Petition

The court will then review the appellate petition and decide whether or not to hear your child custody appeal. If the court decides to hear your case, you will need to prepare a brief that explains your reasons for appealing the initial child custody agreement. This brief should include the lower court’s rules, case law, and all the facts that were presented in the initial custody hearing. A judge will review this and offer a final decision.

When parents live in different locations, either different states, countries, or even towns, the issue of child custody can become very difficult. It’s not uncommon for parents to request move away court orders.

Working with A Family Law Attorney

When it comes to child custody decisions, you’ll want to work with a skilled family law attorney. There are a number of things that need to be considered, namely the best interests of the child, but also what type of custody you are hoping to acheive. Working with a skilled attorney can help ensure you get a fair case.  For advice on divorce, child custody determinations, setting up a co-parenting agreement, dividing marital property, and spousal support you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Child Custody Child Support Child Visitation Collaborative Law Divorce Domestic Violence Family Law High Net-Worth Divorce Marital Property Division Mediation Spousal Support

Reasons for Divorce

Infidelity, falling out of love, financial reasons. These are all reasons for getting a divorce. But they aren’t the only ones.

Common Reasons for Divorce

Chances are you have a friend or family member that has gone through divorce. It’s not easy and there are many factors that contribute to the dissolution of a marriage. It can be any number of combinations of reasons that cause two people to say that’s it. Here are some common reasons:

Lack of communication. When you are unable to communicate with your partner, you create distance. This can be from lack of sharing feelings, or not keeping your partner in the loop about what’s happening with you emotionally. A successful relationship is one that has open lines of communication. Otherwise it can feel like nothing is ever resolved, and as if you aren’t even talking about why things can’t be resolved. Additionally, chances are you both feel as if something is being left unsaid. These feelings can multiply over time and become much larger than they were at the beginning. You might consider working with a relationship therapist to learn how to communicate effectively.

When You Might Consider a Lawyer for Personal Injury Claims

Financial Issues. Money, and lack of it, can lead to a lot of problems in relationships. Often times two people have very different mindsets when it comes to saving and spending. If you and your spouse are not in agreement when it comes to how to manage your money, it can cause a lot of problems. Sit down and have an open conversation about how you relate to money and what your goals are. You might find one spouse wants to save to buy a house or to go on a big vacation, while the other spouse would rather go out to dinner every night of the week and have a closet filled with amazing clothes. You might have different goals, and neither one is wrong. Try to find a middle ground. You might also want to speak with a financial adviser that can take a look at your financial situation and advise you on how to move forward based on your joint goals.

Feeling Held Back. When you first started dating your spouse you may have felt as if the sky was the limit, or maybe you felt like you needed to change yourself a little for him or her. Over the course of a marriage things can change. You might feel now as if your spouse and marriage are holding you back from achieving goals and taking opportunities. If you don’t feel supported by your spouse you can begin to feel as if you are being held back from really accomplishing what you want to during your lifetime. Try to get a clear-headed assessment. Are you really being held back? Or maybe it’s just how you are perceiving the situation. An open conversation might be the best place to start.

Trust. Trust is one of the leading factors in having a successful relationship and marriage. It can be impossible to achieve anything if you do not trust each other. Ask yourself if there’s a reason for the lack of trust. Was there an infidelity or past infidelities? Or are you just reading into things? Try to get a clear head about why there is not trust in your relationship. Maybe working with a relationship therapist can help you both deal with any trust issues.

Expectations. If you expected one thing at the beginning of the relationship and you aren’t getting it now, or your expectations have changed, you might find that you aren’t as happy in your relationship as you could be.

Your spouse doesn’t understand or fulfill your needs and desires. We all have different needs and wants that need to be met by the significant other in our lives. If you have a partner that doesn’t acknowledge your interests and desires then they won’t do what they can to fulfill your needs and wants.

Sudden Life Change. New changes happen at every moment in our lives. This can be the birth of a child, death of a parent, sudden job loss, a new opportunity for a job across the country. You will both need to be adaptable and know how to be supportive of each other. Life is unplanned, but you should be able to plan that your spouse will be there to support you whether its a good change or a difficult one.

Domestic Violence. If you’ve been in a situation, or are currently in a situation, where your partner has been abusive or controlling in any manner, you should consider seeking help. If need be, contact a trusted family, friend, or an attorney about this matter.

Uncommon Reasons for Divorce

wistful

There are common reasons for divorce, and then there are the uncommon ones like these:

Didn’t Like the Movie “Frozen.” After finding out that her husband “didn’t care for” the film “Frozen,” according to the U.K.’s Metro News, a Japanese woman divorced him, saying, “If you can’t understand what makes this movie great, there’s something wrong with you as a human being.”

Possessed by a Genie. After his wife refused to sleep with him, one Dubai man divorced his wife. Her family told him she was possessed by a “dijn,” a type of genie from Arabic mythology, according to Gulf News. Apparently, several religious experts had already attempted to exorcise the genie but were unsuccessful.

Broken Penis Extension. According to the U.K.’s Metro News, a Russian man got a penis prosthetic after finding out that his wife was unsatisfied in bed. When it fell off and he didn’t get a new one, his wife said she was fed up and wanted a divorce.

“Excessive and insatiable desire for sex.” An Indian man divorced his wife because she had an insatiable sex drive. In divorce course he said she had been “aggressive, stubborn and autocratic,” and had forced him to take medication to boost his sexual stamina. She also threatened to sleep with other men if he failed to satisfy her.

“Guantanamo.” A Saudi woman filed for divorce after she found out her husband had nicknamed her “Guantanamo” in his cellphone. According to Al Arabiya news, she discovered the unflattering nickname when she called his cellphone and realized he had left it at home. The man defended himself, saying the nickname was to protect the couple’s privacy. “I don’t want people sitting around me to know that this is my wife calling,” he said.

Parrot Spills the Beans. According to ABC News, a Chinese woman learned of her  husband’s infidelity from the couple’s pet parrot when he started  saying the words “divorce,” “I love you,” and “be patient.” She took the parrot with her to the divorce lawyer.

Too Many Cats. When people hate cats, they really hate cats. And when they love them, they really love them. Apparently, enough to give up their marriage.  According to the Times of Israel, a man divorced his wife after she brought home 550 cats. In court he said he was unable to sleep on the bed and unable to eat meals because the cats were always in the way or stealing his food. The woman refused to give up the cats so the husband decided to give up the marriage.

Cleaned Too Much. A German woman divorced her husband after 15 years of marriage. The reason? According to Reuters, it was because she couldn’t stand his constant cleaning. He constantly tidied and rearranged furniture. Sounds pretty tame… except for the time he tore down a wall in their home because he thought it was too dirty.

Kissed a horse. A man divorced his wife after eh found a photo of her on one of her social networks in which she was kissing a horse. He thought it was cheating. She thought it was crazy that he did. According to Emirates 24/7, the woman said she didn’t want to be with a man who thinks kissing a horse constitutes cheating.

Affair – 70 Years Earlier. An Italian couple ended their marriage in 2011 after the 99-year-old husband found love letters from the 1940s that had been written between his 96-year-old wife and her former flame.

Working with a Family Law Attorney

Whatever your reason is for divorce, whether it’s a common one, or a bizarre and uncommon one, you should consider working with a family law attorney. They will be able to advise you on any number of issues, including: child support, spousal support, marital property division, child visitation, etc… A lawyer from the expert law firm of Divorce Law LA will be able to guide you through the divorce process. The Divorce & Family Law Offices of Divorce Law LA will provide you with the highest level of expertise and professionalism from our skilled attorneys. Our Divorce and Family Law Practice spans a wide spectrum of areas that include: divorce, high net-worth divorce, marital property division, child custody and visitation, and child support.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Child Custody Collaborative Law Divorce Family Law

Reviewing Your Child Custody Options

If you and your soon-to-be-ex spouse share children, you’ll want to know what options you have when it comes to child custody. Often times child custody disputes are responsible for drawing out divorce paperwork. As always, it’s advised that you work with a family law attorney to help settle your divorce.

Reviewing Your Child Custody Options

There are different forms of child custody: legal custody, physical custody, sole custody, and joint custody.

Physical Custody

Physical custody means a parent has gained the legal right (typically through a court ruling) to have a child live with him or her. Usually, if a parent has physical custody they also have sole custody of the child, which means the other parent has visitation rights.

Sole Custody

There are two forms of sole custody a parent can have: sole legal custody or sole physical custody. Courts seem to be moving away from awarding sole custody to one parent as more information is coming out about the importance of having both parents in a child’s life. In cases where a parent has been deemed unfit due to a history of neglect or abuse, a known dependency on drugs or alcohol, or a new parent that has been deemed unfit, a court will usually award sole physical custody to one parent.  It’s advised that unless a parent has demonstrated the above issues, that you do not seek sole custody, due to the importance of having both parents in a child’s life.

While the trend is to award joint custody, in cases where courts do award sole physical custody the parents still usually share joint legal custody (which means both parents are able to make legal decisions regarding the child), unless a parent has been deemed unfit to make those legal decisions.

Legal Custody

Legal custody allows a parent to make decisions regarding various aspects of a child’s life, including education, religion, and medical care or legal issues.

Joint Custody

Joint custody is able to be awarded to the parents if they are divorced, separated, no longer living together, or if they never lived together but still shared a child. The awarding of joint custody to both parents means each parent is able to make decisions regarding the child. Joint custody also comes in various forms, including joint legal custody, joint physical custody, or joint legal and physical custody. Usually, if a couple shares joint physical custody they also share joint legal custody. But if a couple shares joint legal custody they do not always also share joint physical custody.

Preparing for Your Child Custody Case Hearing

One you have filed your petition to be granted sole child custody you will receive a date for either a mediation session or a court hearing. You’ll want to be prepared going into this meeting. Here are some steps to prepare.

Work with Your Family Law Attorney

Your family law attorney will help you prepare for the mediation or court hearing. If you have been working with a family law attorney up to this point, chances are you have already built your case for why the other parent is unfit to raise the child or children you share. If you have not been working with a family law attorney, you will need to gather evidence of this on your own. We’ll discuss this more in depth further below.

Serve the Other Parent

After the petition has been filed, you’ll need to let the other parent know that you have done so and that you are requesting that a change be made to the current custody agreement. You can either work with your family law attorney to have the notification served, or work with a service company or the courthouse to have this done.  Once the notification is served, the person who served the papers will need to provide you with proof that the other parent has been made aware. This is called “Proof of Service.” You’ll need to provide this to the court.

Preparing Evidence

law generic

Family law courts prefer to award joint custody to both parents. Because of this, you will need to prove that the other parent is unfit and unable to handle custody of your child. This may be proven a number of ways. Here are a few examples:

  • A history of abuse or neglect. Are there any police reports that have been filed against the other parent? Are there other pieces of evidence? Are there witnesses that can corroborate your story?
  • Lifestyle. Does the other parent have a job? Is it a steady job that can ensure the other parent is able to financially take care of the child? Where does the other parent live? Is it a safe environment?
  • Emotional and physical health. Is the other parent physically and mentally able to care for the child?

Once you have prepared all your evidence, either on your own or with the help of a family law attorney, you will be ready for the mediation or court hearing. If during the mediation session you are unable to come to an agreement, then the case will need to go before a judge. Hopefully, either through mediation or the court hearing, you will then be granted with sole child custody.

It should be noted that if a parent strongly disagrees with how the court has decided on the custody case, there is always an option to appeal.

Appealing Child Custody Decisions

Child custody cases are difficult due to the nature of the subject. A family law court will always rule in the best interest of the child. It’s important to note that an appeals court will not review a case just because one party disagrees with what the judge decided. If you feel your child custody agreement was arrived at because the court made a substantive error (either procedural or legal) you are able to appeal the court’s decision. Here’s how to appeal a child custody ruling.

Work with a Family Law Attorney

Working with a family law attorney will help you prove your case. In the case of appealing an already decided agreement, the family law attorney will need to prove that the previous decision was arrived at inaccurately due to a legal error or a procedural error.

Rules of Your Jurisdiction

Every state has different rules that given child custody cases and appeals. A family law attorney will be familiar with the rules of your specific jurisdiction and will be able to help guide you through the process. If you are not working with a family law attorney, you will need to research the rules on your own. These jurisdiction rules govern what your timeline is for filing an appeal to your child custody case, as well as exact guidelines for what should be contained in the petition to appeal. You can find these rules online or at your local courthouse.

Prepare an Appellate Petition

Next, you will need to prepare an appellate petition. This petition outlines why you are appealing the current child custody decision, as well as lists the errors that the lower court made when deciding on your child custody decision. If you are not working with a family law attorney, you might want to have the petition you fill out reviewed by one, just to ensure it has been done correctly. Next, you will file this petition with the court, as well as have a notification of the filing served to your opposing party.

Review of Appellate Petition

The court will then review the appellate petition and decide whether or not to hear your child custody appeal. If the court decides to hear your case, you will need to prepare a brief that explains your reasons for appealing the initial child custody agreement. This brief should include the lower court’s rules, case law, and all the facts that were presented in the initial custody hearing. A judge will review this and offer a final decision.

When parents live in different locations, either different states, countries, or even towns, the issue of child custody can become very difficult. It’s not uncommon for parents to request move away court orders.

Working with A Family Law Attorney

When it comes to child custody decisions, you’ll want to work with a skilled family law attorney. There are a number of things that need to be considered, namely the best interests of the child, but also what type of custody you are hoping to acheive. Working with a skilled attorney can help ensure you get a fair case.  For advice on divorce, child custody determinations, setting up a co-parenting agreement, dividing marital property, and spousal support you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Child Custody Child Visitation Family Law

Madonna Battles Guy Ritchie for Child Custody

Madonna and Guy Ritchie are currently locked in a child custody battle over 15-year-old son, Rocco.

Madonna Battles Guy Ritchie for Child Custody

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Madonna’s child custody issues began at the end of last year when son Rocco decided to leave his mother’s Rebel Heart world tour to visit his father in London and remain in London rather than return to the US. Madonna applied for legal action under the Hague Convention – which deals with the abduction of children – for the return of Rocco, but has since terminated that action.

Judges on both sides of the pond have urged the couple to come to a decision. During the handing down of his ruling, Judge MacDonald said: “At the root of these proceedings… is a temporary breakdown in trust. For all the media coverage, comment and analysis, this is a case born out of circumstances that arise for countless separated parents the world over.

“I renew, one final time, my pleas for the parents to seek, and to find, an amicable resolution to the dispute between them.”

Judge MacDonald’s sentiments echo those of  New York judge Deborah Kaplan, who told both parties: “No one is disrupting his household other than the inability of the parents to reach a resolution.”

Forms of Child Custody

There are different forms of child custody: legal custody, physical custody, sole custody, and joint custody.

Physical Custody

Physical custody means a parent has gained the legal right (typically through a court ruling) to have a child live with him or her. Usually if a parent has physical custody they also have sole custody of the child, which means the other parent has visitation rights.

Sole Custody

There are two forms of sole custody a parent can have: sole legal custody or sole physical custody. Courts seem to be moving away from awarding sole custody to one parent as more information is coming out about the importance of having both parents in a child’s life. In cases where a parent has been deemed unfit due to a history of neglect or abuse, a known dependency on drugs or alcohol, or a new parent that has been deemed unfit, a court will usually award sole physical custody to one parent.  It’s advised that unless a parent has demonstrated the above issues, that you do not seek sole custody, due to the importance of having both parents in a child’s life.

While the trend is to award joint custody, in cases where courts do award sole physical custody the parents still usually share joint legal custody (which means both parents are able to make legal decisions regarding the child), unless a parents has been deemed unfit to make those legal decisions.

Legal Custody

Legal custody allows a parent to make decisions regarding various aspects of a child’s life, including: education, religion, and medical care or legal issues.

Joint Custody

Joint custody is able to be awarded to the parents if they are divorced, separated, no longer living together, or if they never lived together but still shared a child. The awarding of joint custody to both parents means each parent is able to make decisions regarding the child. Joint custody also comes in various forms, including: joint legal custody, joint physical custody, or joint legal and physical custody. Usually if a couple shares joint physical custody they also share joint legal custody. But if a couple shares joint legal custody they do not always also share joint physical custody.

Preparing for Your Child Custody Case Hearing

One you have filed your petition to be granted sole child custody you will receive a date for either a mediation session or a court hearing. You’ll want to be prepared going into this meeting. Here are some steps to prepare.

Work with Your Family Law Attorney

Your family law attorney will help you prepare for the mediation or court hearing. If you have been working with a family law attorney up to this point, chances are you have already built your case for why the other parent is unfit to raise the child or children you share. If you have not been working with a family law attorney, you will need to gather evidence of this on your own. We’ll discuss this more in depth further below.

Serve the Other Parent

After the petition has been filed, you’ll need to let the other parent know that you have done so, and that you are requesting that a change be made to the current custody agreement. You can either work with your family law attorney to have the notification served, or work with a service company or the courthouse to have this done.  Once the notification is served, the person who served the papers will need to provide you with proof that the other parent has been made aware. This is called “Proof of Service.” You’ll need to provide this to the court.

Preparing Evidence

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Family law courts prefer to award joint custody to both parents. Because of this, you will need to prove that the other parent is unfit and unable to handle custody of your child. This may be proven a number of ways. Here are a few examples:

  • A history of abuse or neglect. Are there any police reports that have been filed against the other parent? Are there other pieces of evidence? Are there witnesses that can corroborate your story?
  • Lifestyle. Does the other parent have a job? Is it a steady job that can ensure the other parent is able to financially take care of the child? Where does the other parent live? Is it a safe environment?
  • Emotional and physical health. Is the other parent physically and mentally able to care for the child?

Once you have prepared all your evidence, either on your own, or with the help of a family law attorney, you will be ready for the mediation or court hearing. If during the mediation session you are unable to come to an agreement, then the case will need to go before a judge. Hopefully, either through mediation or the court hearing, you will then be granted with sole child custody.

It should be noted that if a parent strongly disagrees with how the court has decided on the custody case, there is always an option to appeal.

Appealing Child Custody Decisions

Child custody cases are difficult due to the nature of the subject. A family law court will always rule in the best interest of the child. It’s important to note that an appeals court will not review a case just because one party disagrees with what the judge decided. If you feel your child custody agreement was arrived at because the court made a substantive error (either procedural or legal) you are able to appeal the court’s decision. Here’s how to appeal a child custody ruling.

Work with a Family Law Attorney

Working with a family law attorney will help you prove your case. In the case of appealing an already decided agreement, the family law attorney will need to prove that the previous decision was arrived at inaccurately due to a legal error or a procedural error.

Rules of Your Jurisdiction

Every state has different rules that given child custody cases and appeals. A family law attorney will be familiar with the rules of your specific jurisdiction and will be able to help guide you through the process. If you are not working with a family law attorney, you will need to research the rules on your own. These jurisdiction rules govern what your timeline is for filing an appeal to your child custody case, as well as exact guidelines for what should be contained in the petition to appeal. You can find these rules online or at your local courthouse.

Prepare an Appellate Petition

Next, you will need to prepare an appellate petition. This petition outlines why you are appealing the current child custody decision, as well as lists the errors that the lower court made when deciding on your child custody decision. If you are not working with a family law attorney, you might want to have the petition you fill out reviewed by one, just to ensure it has been done correctly. Next, you will file this petition with the court, as well as have a notification of the filing served to your opposing party.

Review of Appellate Petition

The court will then review the appellate petition and decide whether or not to hear your child custody appeal. If the court decides to hear your case, you will need to prepare a brief that explains your reasons for appealing the initial child custody agreement. This brief should include the lower court’s rules, case law, and all the facts that were presented in the initial custody hearing. A judge will review this and offer a final decision.

When parents live in different locations, either different states, countries, or even towns, the issue of child custody can become very difficult. It’s not uncommon for parents to request move away court orders.

Move Away Court Orders

If you are facing a case such as this one, the first thing you need to identify is if you are able to move away and relocate your child. Most courts will not allow a parent to relocate the child unless he or she has received written consent from the other parent or a court.

During a question of relocating a child the court takes the “best interest of the child” into account, considering these factors:

  • Is the current child custody arrangement stable?
  • Where is the new location? How far away is it from the household of the remaining parent?
  • What will be the financial impact (for both parents)?
  • Age of the child
  • What is the current relationship between the parents and the child?
  • Are the parents able to co-parent?
  • What are the child’s wishes (this is often dependent on the child’s age)?
  • Does the child require special accommodations? If so, are these accommodations available in the new location?
  • Reason for the move
  • Any additional factors

Working with A Family Law Attorney

When it comes to child custody decisions, you’ll want to work with a skilled family law attorney. There are a number of things that need to be considered, namely the best interests of the child, but also what type of custody you are hoping to acheive. Working with a skilled attorney can help ensure you get a fair case.  For advice on divorce, child custody determinations, setting up a co-parenting agreement, dividing marital property, and spousal support you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Child Custody Child Support Divorce Family Law

Sherri Shepherd’s Child Support Ruling

A Pennsylvania court of appeals has ruled to uphold Sherri Shepherd’s child support ruling. The television personality and actress will be legally responsible for the son born to a surrogate that her and her ex-husband hired.

Sherri Shepherd’s Child Support Ruling

Last week a Pennsylvania appeals court ruled to uphold the surrogacy contract that Sherri Shepherd signed in 2014. Shepherd had made a motion to have the contract voided as well as have her name removed from the child’s birth certificate. But since a judge upheld the initial ruling, Shepherd will continue to pay $4,100 a month in child support to ex-husband Lamar Sally. Sally is a writer and substitute teacher who is raising the couple’s 1-year-old son in Los Angeles. The boy was born in August 2014.

“She doesn’t want to be part of his life. It’s all good,” said Sally following the ruling. “I’m going to be parent enough for the both of us.”

Shepherd and Sally Divorce

The couple’s divorce became especially contentious when Shepherd challenged the surrogacy contract partway through the pregnancy after deciding to split from her husband. Sally then publicly accused the comedienne of refusing to have anything to do with the baby.

“I don’t understand why Sherri can say I duped her into this or that she is not responsible for this child,” said Sally in an interview with The Daily Mail. “It’s mind-boggling to me.”

The couple had paid over $105,000 for a suburban Philadelphia surrogate to carry the child. The child was conceived through a procedure that combined Sally’s sperm and a donor egg. Both Sally and Shepherd attended the surrogate’s medical appointments until the couple decided to end their marriage during the second trimester.

Defrauded

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Shepherd alleged that Sally defrauded her when they were in the process of entering the surrogate agreement. Reportedly, Sally was already planning to file for divorce, but he wanted her to commit to paying child support prior to filing. Even more complicated is the fact that the two filed for divorce in two separate states: he in California, and her in New Jersey – a state that doesn’t typically recognize surrogacy agreements.

It was thought that if Shepherd was able to corroborate the claims of fraud that she would be able to prove she had been duped into signing the surrogate contract. This latest ruling proves that was not possible.

Birth Certificate

The original birth certificate listed the surrogate as the mother, instead of Shepherd. When Sally settled in California with the child, California authorities were prompted to seek child support from the surrogate, according to Sally’s lawyer, Tiffany Palmer.

Shepherd will now be listed as the legal mother on the birth certificate, a decision that the surrogacy agency has praised.

“Surrogates don’t want to feel that someone could want a baby and then just back out. The surrogate is not the mother,” said Melissa B. Brisman, who owns Reproductive Possibilities in Montvale, N.J.

Palmer went on to say that Pennsylvania courts had never ruled on the validity of surrogacy contracts. And some states have refused to uphold surrogacy contacts in the past.

“It’s a tremendous relief to many people,” said Palmer.

“(Shepherd) does not dispute that she freely entered into the gestational carrier contract,” the Superior Court ruling said. “Baby S. would not have been born but for (her) actions and express agreement to be the child’s legal mother.”

Child Support

Many divorcing couples will need to decide on child support. Child support is an amount of money that a court requires a parent, or both parents, to pay each month in order to support a child’s, or children’s living expenses. While you are free to determine child support on your own, many couple’s find this a difficult decision to make, and often one that they cannot see eye to eye on. Often times this leads to a trial, during which a judge will determine a child support court order. This is often part of the child custody case. While you might not want to enter into a child custody case, it’s important to remember that if you do, the court can provide you with certain legal rights that will legally ensure your time with your children.

A Note About Child Custody

Children, Sports, and the Increasing Number of Brain Injuries

Getting a child custody order can legally give you the right to make decisions regarding your child, as well as allow you the legal right to have your child live with you. Without a child custody order, you might not legally have the ability to do these things, even if you are the parent that takes care of the child on a daily basis. Filing for child custody is not without risks though. If you decide to file, there’s a chance the other parent will request these rights. At that point it will be up to the judge to decide.

When a judge decides, he or she typically rules in favor of what’s in the best interest of the child. Many decisions go into the awarding of child custody. And a court will sit down and evaluate the case objectively, with a focus on the facts that are presenting. These facts include: the history of each parent’s relationship with the child, any evidence of abuse or neglect, a detailed understanding of the child’s health, safety, education, and general welfare. A court will also take a look at the current status quo arrangement. From this outsiders perspective, a judge will be able to rule based on the child’s best interest. 

Once custody is awarded, it is often then decided who and how much a parent will pay for child support.

Child Support Payments

After you have received a child support  court order, the other parent is legally required to start making child support payments to you. The court order you receive will include the start date for the child support payments. The payments will be paid monthly, and will be taken out of the other parent’s paycheck.

Wage Assignment and Garnishment

Every child support case where child support is awarded, the court will order a wage assignment or wage garnishment be issued and served. This wage assignment requires that the other parent’s employer takes the support payments out of the other parent’s wage.

Local Child Support Agencies

If the local child support agency (LCSA) is not involved in the child support case, both parents are allowed to agree that the child support payments be made in other ways, rather than a wage assignment. This means the wage assignment is “stayed,” or put on hold. Parents are then responsible for working out how the child support payments will be made. But if a LCSA is involved, the LCSA must agree to having the wage assignment “stayed.”  Typically, if a LCSA is involved, the agency will keep the wage assignment in place.

Falling Behind

If you are not able to make your child support payments and you fall behind, you are required to pay interest on the balance due in addition to the amount you owe. A judge is not able to remove this charge, as interest charges are added per the law. Interest charges are added by law, and the judge cannot stop them. Interest rates are as follows: 10 percent per year for child support due on or after January 1, 1983; or 7 percent per year for child support due before January 1, 1983.

Past-Due Child Support

If you owe past-due child support/arrears, your court order/wage assignment/garnishment, will include the full amount of owed monthly child support. This amount over your monthly child support is called a “liquidation amount. It goes to paying off the past-due amount/arrears. This amount goes to paying off your arrears. Even if you are paying this off in installments, interest will still be added to your balance.

Consequences

Not paying child support means serious consequences.  You can be found to be “in contempt of court” if it is discovered you have the means to pay and are not. This can result in jail time.

Ending Child Support

Typically, court-ordered child support will end when a child turns 18 years old, or if he or she graduates from high school. If an 18-year-old child still lives with parents and is a full-time high school student the support will end when he or she turns 19 or graduates – whichever comes first. Child support also terminates once a child: Marries or registers a domestic partnership, joins the military, is emancipated,  or passes away. If both parents agree, they can decide to no longer support a child.

Working with a Family Law Lawyer

Working with a child custody lawyer might be in your best interest if you decide to pursue a child custody case or child support case. A lawyer will be able to help you decide your best course of action based on your situation. Additionally, it’s important to remember that filing for child custody does not necessarily mean you get child support. But a child custody order does not automatically give you child support.

For advice on child custody or child support, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Child Custody Child Support Divorce Family Law Spousal Support

Green Will Receive Spousal Support From Fox

Last week, Megan Fox officially filed for divorce from husband Brian Austin Green. The two had just announced they were separating days earlier.

Though it’s unclear why the couple is splitting, according to sources, the two have been separated for the last six months. The couple met 11 years ago on the set of ABC’s Hope & Faith. While the two made quick plans to get married, that was put on hold because the two felt that Fox, who was 18 when they met, was too young to really consider marriage. Green proposed again in 2010, and 24 days later the two were married in Hawaii.

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While the two did not sign a prenuptial agreement, it seems that Fox will be paying spousal support to Green, who has been unable to work because of a car accident the two were involved in last December.

What is Alimony / Spousal Support?

Alimony, often called “spousal support” is when one spouse pays the other in order to help that spouse maintain the same financial standing as was experienced during the marriage. A court will require the higher earning spouse to assist the lower in maintaining that standard of lifestyle that was achieved during the marriage.

Awarding Spousal Support

In California a judge can award temporary (“pendente lite”) support either during the divorce proceedings, or when the divorce is declared final. Typically these payments are made from one spouse to the other in a specified amount for a predetermined period of time. But support can also be paid in a single lump-sum payment. In collaborative process divorce agreements, spouses often come to agreement on the terms and conditions of support payments. As long as this agreement meets legal requirements, a court will uphold an agreement. This is the case even if the agreement provides for a complete waiver of support to the lower-earning spouse.

Duration of Spousal Support

In California, the duration of spousal support agreements are often tied to the length of the marriage. A general rule of thumb is that for a marriage of less than 10 years, a court will not order support payments be made for longer than half the length of the marriage. But if a marriage has lasted 10 years or longer, a court typically will not set a definite termination date for support. Both spouses are able to request modifications to the spousal support agreement indefinitely, unless a termination date has specifically been agreed, or if the court expressly terminates the support at a later hearing.

Awarding Permanent Support

Sometimes support is labeled “permanent” support, but the actual awarding of permanent support lasting for the remainder of a lifetime is increasingly rare, even for marriages that last over 10 years. Family law courts in California tend to require a spouse seeking support to make an effort to become self-supporting. A spouse that makes claims that they are unable to work, or unable to become fully employed, is required to support the claim with evidence. Often times this means having a  vocational evaluation. And for long term support orders, the support often gradually reduces over time by a nominal amount. Permanent support is usually only awarded to spouses that are unable to become self-supporting due to age or disability.

Permanent Spousal Support for Green?

Because permanent spousal support is often awarded to spouses that are disabled, Green could receive permanent spousal support, as it seems he has been unable to work due to an accident the couple was involved in last December.

Calculation of Spousal Support

California law rules that the purpose of awarding temporary spousal support is for preserving the financial status quo, or “standard of living during the marriage” to the greatest extent possible. After a court evaluates and considers the needs of the spouse requesting the support, as well as the ability of the other spouses ability to pay, it can order the temporary spousal support in any amount. Typically, a court will use a common formula for calculating temporary support. One example of this formula is the Santa Clara County formula. This formula comes up with a figure through subtracting 50% of the lower-earner’s net income from 40% of the higher earner’s, and then makes adjustments for tax consequences and child support payments. The California Department of Child Support provides a support calculator for parents of dependent children looking to get a rough estimate of what temporary spousal support payments might look like along with child support payments. A family law attorney will also be able to provide you with a rough idea of what your payments will look like.

Standard of Living

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Spousal support’s main purpose is to assist a supported spouse in maintaining a standard of living that was close to that which was attained during the marriage. But the goal is for the spouse receiving the payments to eventually become self-supporting to the greatest extent possible. A court will take the following into account:

  • marketable skills of the supported spouse,
  • job market for those skills,
  • any time or expense the supported spouse will need to acquire education or training for employment or enhanced employability, and
  • the extent to which periods of unemployment (due to domestic duties) during the marriage have impaired the supported spouse’s present or future earning capacity.

The court will also consider any other factors, including:

  • extent to which the supported spouse contributed to the other spouse’s attainment of education, training, professional licensing or career advancement (this can also mean the extent to which the supported spouse provided and maintained home life while the other spouse was advancing his or her career)
  • ability of the supporting spouse to pay support. A court will take into account earning capacity, earned and unearned income, assets, and standard of living,
  • needs of each party based on what the marital standard of living was,
  • each spouse’s obligations and assets, including separate property,
  • duration of the marriage,
  • ability of a spouse who is also a custodial parent to engage in employment without interfering with the interests of dependent children,
  • each spouse’s age and health,
  • documented history of domestic violence by either spouse*,
  • immediate and specific tax consequences to each spouse (often times tax agreements are figured out during the awarding of spousal support and child support agreements),
  • balance of the hardships to each spouse, and
  • the goal that the supported spouse will be self-supporting within a reasonable period of time. This follows a general rule of thumb presumed to be one-half the length of a marriage (unless the marriage was longer than 10 years).

*California courts do not ordinarily consider conduct when making spousal support determinations. But often times, a court will not award support to a spouse that has a proven history of violence toward the other spouse.

Modification and Termination of Spousal Support

Either spouse can request modification or termination of periodic payments due to a material change in circumstances, unless it has been specified in the spousal support agreement. Absent a written agreement stating otherwise, spousal support terminates on the death of either spouse, or on the remarriage of the recipient.

Joint Custody

In addition to paying spousal support, another thing that Fox and Green will need to determine is the custody of the two children they share, Noah, 2, and Bodhi, 18 months. Green has a child from a previous relationship.  It appears that Fox has filed for joint physical and legal custody, which means that both her and Green will share full custody.

“Joint Child Custody” means that parents who do not live together still share decision-making responsibilities for, and/or physical control and custody of, the children they have together. This form of custody is able to be awarded to parents that are divorced, separated, no longer living together, and even if they have never lived together. Joint child custody is also the form of custody that is favored by the courts.

Joint Child Custody Arrangements

Joint Child Custody can take various forms, such as:

joint legal custody – where the parents share the decision-making responsibilities.

joint physical custody – where children spend time with each parent separately.

joint legal and physical custody – a combination of the above.

Joint Child Custody – Advantages and Disadvantages

There are advantages and disadvantages to joint child custody. While it ensures children continue contact with both parents, children still need to be shuttled from one parent to the other. This can be a difficult situation for non-cooperative parents, and thus can be a hard situation for children stuck in the middle. Regardless of if parents are cooperative or non-cooperative, it’s crucial that all financial records of groceries, finances associated with a child’s after school activities, medical care, and clothing are kept. In cases where parents argue about these things, a judge will appreciate finely detailed records. If parents can maintain a positive parenting schedule and approach, and keep the child’s best interests in mind, joint custody can be a positive and comforting experience for a child.

A Family Law Attorney

There are a number of things that need to be considered during a divorce: child support, spousal support, marital property division, and other things. Working with a skilled attorney can help ensure you get a fair case.  For advice on divorce, child custody determinations, setting up a co-parenting agreement, dividing marital property, and spousal support you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Child Custody Child Support Child Visitation Divorce Family Law Modification to Family Court Orders Move Aways (Child Relocation)

Rutherford-Giersch Custody Battle Continues

Last week a Manhattan Supreme Court judge ordered actress Kelly Rutherford to return her two children to their father, Daniel Giersch, who lives in Monaco. In doing so, the custody battle between the two rages on.

Custody Battle

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The judge’s decision came after the 46-year-old actress failed to send son Hermes, 8, and daughter Helena, 6, back to Giersch after spending the summer in New York with her.

“From the beginning I have said I will fight for my children,” she said in an interview.

It seems Giersch’s attorney are happy with the decision. “We are pleased that the American judicial system has prevailed,” said Giersch’s attorney Fahi Takesh Hallin. “Daniel’s request to exclude the press today from the courtroom was granted, to protect the children’s privacy. In addition, his stance of promoting Kelly’s time with the children has not changed.”

The custody battled has raged since 2012, when a California judge ruled that the children should live in France with their father after his U.S. visa was revoked. Since that ruling, Rutherford has fought to bring her children back to the U.S., but neither California nor New York have jurisdiction in the case.

“It puts me as a parent in an odd place if no one is taking jurisdiction,” she has said. “How do you put your kids on a plane not knowing what is going to happen?”

Giersch’s mother was in court to greet the children and return them to Monaco following the judge’s ruling.

Rutherford was supposed to have sent the children back earlier in the week, but released a statement announcing her decision to keep the children, writing, “I have decided that I cannot lawfully send my children away from the United States to live in a foreign country.”

Giersch’s legal team immediately fired back following the release of Rutherford’s statement, issuing a letter demanding that Rutherford send the children back to Monaco immediately. The letter was followed with a filing in New York County Supreme Court.

Child Custody and Co-Parenting

Given that the Rutherford-Giersch custody battle has been going on for years, it seems unlikely that the two will ever be able to learn how to co-parent successfully. It can be a difficult situation to work out, especially if parents live on different sides of the world. Still, people find a way to make it work.

Co-Parenting Advice

Here’s some advice from co-parenters that have been there before:

  •  “Remember this: Genetically, your kids are 50% your ex. Every negative thing you say about him or her, you’re saying about the kids, too.”
  • “Get a therapist for the kids during the divorce, not after. We did so and my kids really benefitted from having someone removed from the situation to talk to about their feelings. She encouraged them to open up and helped us sidestep a lot of serious issues.”
  • “Understand that some situations don’t lend themselves to co-parenting. Consider alternatives like parallel parenting. Just because you’re divorced doesn’t mean that your spouse has changed.”
  • “Be empathetic about the grief they are experiencing. Encourage them to talk and don’t judge their feelings.”
  • “Try your hardest to co-parent. Be there for your ex so you two can support your kids as a team. It’s no longer about the adults so put any animosity aside and do what is in the best interest of your children.”
  • “If you’re allowing the kids to choose who they live with, don’t make them feel guilty about their choice.”

The most important thing you can do is remember to put your child’s needs first. If you keep the focus on them you’ll be able to avoid getting into emotional ruts with your co-parent. Focusing on your child’s needs will ensure that they always get what’s best for them.

Here are some more ideas for making your co-parenting situation work:

Time for a  ‘Timeout’

If you are not able to give yourself a timeout, and find that you are still stewing about conversing with your ex, consult a “co-parenting coordinator,” attorney or counselor – with or without your ex-spouse. This objective third party can be a great sounding board for ironing out your co-parenting relationship.

According to Alison Willet, a Birmingham resident and psychologist who has worked with high-conflict divorce, it is crucial for ex-spouses to heal fully from the pain that stems from their divorce if they plan to find a way to co-parent effectively.

The mother of three daughters and two step-daughters goes on to say, “People going through divorce need to take the necessary time to grieve the end of this major relationship and remember that at one time, they loved or cared about the other parent. When parents are psychologically intact, it will be easier for them to put the needs of their children first.”

Play to Your Ex’s Strengths

By now you know what your ex is good and and what they’re not so good at. So play fair when it comes to your kids and your ex’s abilities.

“You probably know your ex-spouse better than anyone else,” says Chris Tucker, father of Finn, 9, and Simon, 7, and step-dad to Lucas, 6. “Play to those strengths – not in a manipulative way, but in a spirit of making the best use of one another’s talents.”

Tucker’s situation is: he has his boys two-thirds of the year; their mother visits monthly from Virginia. She also takes them over school breaks and summer. Tucker, his wife, his ex-wife, and her husband all work as a unit to parent the children.

“We like to think of ourselves – Colleen, her husband, my wife and I – as members of a family ecosystem,” says Tucker. “This means that everyone involved is invested in and accountable for raising our kids, and it goes a long way in building trust and mutual respect.”

Cooperation is Key

This can be the hardest part of a co-parenting relationship – cooperating.

According to mother Shaindle Braunstein-Cohen, “Effective co-parenting does not require friendship, but it does require cooperation.”

“My ex and I get along when we have contact, but we never have contact outside of our son,” she says. “When my son wanted to show his dad his new room in our new home, he did. Successful co-parenting involves only one thing: loving your child more than you hate your ex.”

When her ex moved out-of-state, Braunstein-Cohen gained full custody of her 14-year-old Seth.  When he wants to see his dad or vice versa, both her and Seth’s father to make it happen. “Sure, that meant I had many holidays without him, but it wasn’t about me,” she says.

You can’t keep living in the past either.

“The kids can become an obsession, a club to beat your ex over the head with,” says Braunstein-Cohen. “You can’t live in the past, and you also can’t live in the future. Just live in the now. The moment is here; it’s what you’ve got. Make the best of it.”

Children, Sports, and the Increasing Number of Brain Injuries

Experts Weigh In on Rutherford-Giersch

According to Dan Abrams, a chief legal analyst that works for ABC News, Rutherford’s decision to keep her children in the U.S. was a “risky move.” He believes the U.S. State department has “to get involved now.”

“I called for them to get involved a while ago when [the kids] were in Monaco, saying they should bring the kids back,” he said. “I think they are going to have to get involved, I think they are going to have to make an incredibly hard decision.”

Move Away Child Custody

Child custody cases involving move-aways can be very difficult. If two parents have shared joint custody prior to the move it can feel almost impossible to find a new workable arrangement. States offer different laws regarding relocation custody, but as with all child custody cases, the best interest of the child is always taken into consideration. California has permissive move-away laws and takes the following into consideration when determining a move-away relocation:

  • Will the child’s lifestyle remain stable?
  • How far is the move?
  • Is the reason behind the move necessary?
  • How old is the child?
  • Will the parents be able to maintain a co-parenting relationship?
  • What does the child want?
  • What are the child’s individual relationships with each parent like?

Additionally, a move away request is considered a modification of court orders. If you are looking to modify original orders you need to be mindful of the current custody and visitation rights you have.  Working with an attorney is the best way to handle child custody relocation. Often time these cases can be difficult, especially if you are the non-custodial parent fighting against relocation. An attorney will be able to look at your case and determine the best course of action.

Next Court Date for Rutherford

The Rutherford-Giersch case is an interesting one due to the fact that Giersch’s U.S. visa was revoked for unknown reasons. The next court date for the couple is Sept. 3 in Monaco. It’s expected that the two will work out custodial decision making in addition to other matters.

 

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

Categories
Child Custody Child Support Child Visitation Divorce Family Law

Rutherford – Giersch Custody Battle

In 2012, a judge decided Kelly Rutherford and Daniel Giersch share joint custody of their two children. The kids would live in Monaco and France with their father because his visa had been revoked. But now, three years later, it seems the custody battle is far from over.

Son Hermes, 8, and daughter Helena, almost 6, have been ordered to return to the U.S. from Monaco for a court hearing on June 15. Rutherford, 46, has been granted sole legal and physical custody so that she can fly them back from Monaco for the hearing.

Too Soon to Tell

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Prior to this new order, Rutherford had said that Giersch had denied allowing her to see the children during a visit last week. While this new order means her kids will come home to her, it’s too early to say if this means that they will be staying with her in California.

“It’s a temporary decision, and the June court date is going to be an incredibly important date to see how it pans out,” says Nancy Chemtob, a family and divorce lawyer who is not involved in the case. Dan Abrams, an ABC legal analyst and founder of Mediaite has followed the case for years. Weighing in on the new developments he said, “Even though its temporary, it seems to demonstrate that the court is upset that its specific orders have either been ignored or dismissed by Daniel.”

Violations of Judgment

It seems that Giersch “is alleged to have committed numerous violations” of the 2012 judgment. Rutherford’s application for full custody are based on allegations that she was not allowed to spend time with the children when she attempted to visit or bring them back to America for visits. He also allegedly has not reapplied for a U.S. visa. It’s also rumored that a former lawyer from Rutherford’s team was responsible for the revocation after she reported Giersch’s allegedly illegal activities to the State Department. She is denying any involvement.

“She filed a motion saying there’s been a substantial change of circumstances, he’s not complying with the terms of the agreement, he’s making false accusations or obstacles as to why she shouldn’t see the children, so now the judge ruled, ‘Okay, fine, the children are awarded back because there has been a change in circumstances,’ ” said Chemtob, weighing in on the case. “The judge said, ‘You need to return the children to the court and be here on this date.’ Now, on that date, the other side is going to come I’m sure with evidence refuting everything she said.”

Hermes and Helena, both U.S. citizens, will need to be back in the U.S. by June 15 for the court hearing.  The California court has asserted jurisdiction over the two children. Monaco also is a signatory to the Hague Convention. This agreement between more than 90 nations protects the interests of children and complies with other countries’ legal proceedings.

According to Chemtob, any attempts made by Giersch to keep the kids with him in Monaco “would be a violation of the court order and the breach of it is hugely severe. The punishment of him not coming back or not complying with the court order in itself could be a reason to transfer custody to her.”

In regards to the new court hearing, Abrams feels the current parenting arrangement could be altered completely.

“The court will hear both sides as they battle over whether it is in the best of the children to stay in France with Daniel or come back home to the United States to live with Kelly,” he says. “The court will also re-evaluate all aspects of visitation, etc.”

Chemtob feels: “There could be a modification, the children could be returned to the United States. A lot of times in relocation cases, they may go to school in the U.S. and spend their summers there. They could modify the access schedule to do what’s more appropriate for children of that age.” She goes on to say that while it’s unlikely a judge will make a final custody decision at this most recent hearing, the couple will most likely receive a briefing schedule, motions and eventually another trial.

“It’s an issue of fact and law. So the facts are: Did he violate, is he alienating, is she a good mother to take care of the kids on a regular basis in the U.S., are her parental rights going to be sorted if they continue to reside there?” Chemtob explains. “All those are issues of fact, and then the issue of law is something else.

“Usually, there will be a trial. That’s how you determine the issues of fact – who’s telling the truth.”

In cases like this it is not unheard of that the children be asked where and with whom they would like to live with. Both Chemtob and Abrams feel this is likely in this case.

“There could be forensic psychiatrists appointed, and I think one of the most telling things in this case is what the children are going to be saying, what they want to do, because of their ages going to be considered,” explains Chemtob. “They’re obviously much more verbal than they were last time this all happened.”

“The children may be interviewed, and a lawyer called a guardian ad litem might even be appointed again to represent their interests,” Abrams says. “The last representative for the children recommended that they stay with Kelly in the United States, but the California court in 2012 decided to reject that recommendation.”

Options for Giersch

Had Rutherford not been granted temporary full custody, there is a chance Giersch could have stopped Hermes and Helena from boarding the plane. According to Chemtob, the purpose of giving Rutherford temporary custody was to ensure the children were returned to the United States. Joint custody would have enabled Giersch to prevent the children from returning to California for the hearing.

co-parenting-rights-1

As a result of the order, Giersch is now legally unable to stop the kids from traveling to Los Angeles. He or a representative must be present during the court hearing. While Chemtob feels Giersch could go to an appellate court in Monaco or the U.S. to ask for a stay, Abrams feels he would not be successful doing so.

“He can certainly appeal in California, but I think it unlikely any California court will change the order before the June 15 hearing,” Abrams says. “The interesting question is what happens if a Monaco court and Daniel refuse to adhere to the California court order. Then, you have American citizen children being kept in a foreign country in direct violation of a United States court’s order.

“I am confident that if that were to happen that State Department would get involved on Kelly’s behalf and that the California court would be even more likely to grant her permanent physical custody.”

Chemtob would “100 percent” recommend Giersch comply with the California court order. She would advise him to present his side of the story in front of the judge.

“I can’t imagine any lawyer would say otherwise, unless he had a real basis to appeal,” says Chemtob. “If he really had a real basis to appeal that they misapplied the law, then i would say, ‘Okay … let’s just comply. If you think you have a strong case, then you should win when you get here.’ “

When it comes to Giersch’s chances, Chemtob believes, “there’s a 50/50 chance, I don’t even think it’s 60/40, that when the kids come back, the court in California could hear evidence that would send the kids back to Monaco again.”

Preparations for Rutherford

Chemtob suggests that Rutherford and her team present how Rutherford will care for Hermes and Helena if she is granted permanent sole custody. This also means demonstrating how she will continue to encourage the relationship they have with their dad. According to Chemtob, the key is to paint a very clear picture that outlines what the children’s lives will be like if they return to America.

“Where are the kids going to go to school? Who’s going to watch them? Are you working, who’s going to watch the children while you’re working? What’s the support system, how are you supporting the children?” says Chemtob. “How are you going to let the children see their father, how are you going to foster the relationship between the children and their father – are you going to FaceTime, are you going to let them email, are you going to let them go for long weekends? How are you going to break up a winter schedule like Christmas break?”

She continues, “When my clients come in and they have a plan that really takes into consideration how the other parent’s going to be able to see the children, that’s what the judges respect.”

Additionally, Rutherford declared bankruptcy in 2013 as the result of mounting legal fees and travel costs to visit her children in Monaco. A fact that Chemtob feels should not be a disadvantage.

“Being able to support the children is one of the factors to consider, but someone shouldn’t be penalized because they have less money than the other spouse,” Chemtob says. “So it would be a factor that’s considered, but it wouldn’t be looked poorly on her that she had to file for bankruptcy.”

Abrams is confident Rutherford will prevail.

“Based on Daniel’s conduct, in particular his seeming disregard for the California court’s orders, I would expect the court to have the children come back to the United States, where Daniel can then finally apply for a U.S. visa again as he has long been required to do,” he says.

Move Away Court Orders

 

If you are facing a case such as this one, the first thing you need to identify is if you are able to move away and relocate your child. Most courts will not allow a parent to relocate the child unless he or she has received written consent from the other parent or a court.

During a question of relocating a child the court takes the “best interest of the child” into account, considering these factors:

  • Is the current child custody arrangement stable?
  • Where is the new location? How far away is it from the household of the remaining parent?
  • What will be the financial impact (for both parents)?
  • Age of the child
  • What is the current relationship between the parents and the child?
  • Are the parents able to co-parent?
  • What are the child’s wishes (this is often dependent on the child’s age)?
  • Does the child require special accommodations? If so, are these accommodations available in the new location?
  • Reason for the move
  • Any additional factors

Modification of Court Orders

A move away request is considered a modification of court orders. If you are looking to modify original orders you need to be mindful of the current custody and visitation rights you have.  Consider working with a family law attorney to ensure your move away is done legally and you don’t risk jeopardizing your current agreement.

Divorce Law LA, Esq.

Divorce Law LA

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

https://bestdivorcelawyer.co

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