Tag: Child Custody

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

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Tags Child Custody, child custody battle, child custody case, child custody dispute

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Child Visitation During the Holidays

Post author By Scott
Post date November 26, 2014

With Thanksgiving tomorrow, and the rest of the holidays just peeking ’round the corner, you might be facing the dilemma that comes with coordinating child visitation during this time of year.

Eliminate the Stress of Holiday Child Visitation Schedules

There’s no reason why coordinating your child visitation schedule should add stress to the holiday season. There are some critical steps that need to be taken to ensure a stress-free custody situation. Before the season kicks off, reflect on which holiday is most important – whether it be Kwanza, Christmas, or Thanksgiving, 4th of July, or Easter. There will have to be some form of give-and-take, but if you can prioritize the holidays for yourself you might find you’re willing to negotiate a little easier. If both you and your co-parent value the same holiday the same amount, you should consider trading off the years. If you live close enough, and it’s not going to cause any drama, you might even want to split the day.

Get the Child Visitation Schedule in Writing Ahead of Time

Like most things with the holidays, managing a child visitation schedule closer to the actual holiday can add to the stress. Your child will also want to know where they are spending which holiday. Putting a plan in place far ahead of time, and putting it in writing will ensure that you aren’t deciding, or negotiating, on child visitation right up until the day before. Keep a record of the schedule, especially if you are trading off years for holidays. Having a plan in writing makes it impossible to forget how the holidays were split up the year prior. That way you can put your energy into actually celebrating the holiday, rather than stressing about who will be where.

Working with a Family Law Attorney

If you’re having trouble working with your co-parent on putting together a child visitation schedule, you might want to consider working with a family law attorney that works with child custody issues. Having a go-between can help ease any tension surrounding negotiations, especially when the negotiations revolve around important family moments like the holiday season.

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

Source: Our Family Wizard, Coordinating child custody during holidays, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Child Custody, child custody battle, child visitation, Divorce

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Parental Rights Initiation: The Question of Equal Child Custody

Post author By Scott
Post date November 24, 2014

In North Dakota’s recent 2014 election, there was an interesting voter initiative on the ballot – the “Parental Rights Initiative.” If it had passed (it was defeated 62% to 38%) it would have required courts to award “equal parenting time” to both parents either in the separation process, or divorce. Though the law didn’t pass, it does shine a light on the on-going debate about how child custody cases are decided.

History of Child Custody

The issue of deciding child custody has a long history in the nation. Colonial Americans, following English rule, maintained that a father should retain the custody of his children upon divorce. This was standard practice until the early 20th century, when motherhood and women as “caregivers” became the norm. As divorce became more common during the 1960’s, there was a large shift towards gender equality and the importance of both parents in a child’s upbringing.

Custody Indivisible

Despite the shifts between one parent being favored over the other, one thing remained true: custody was indivisible. One parent would raise the child, while the other parent would have visiting rights. But shared custody has become more socially and legally accepted as parents have started shouldering more equal parenting responsibilities. And rather than relying on judges to determine “in the best interest of the child,” separating and divorcing parents have started to take on the task of creating their own enforcable “parenting plans” for their children.

Parenting Plans

Parenting plans are custody agreements, often put together with the help of a mediator. They are meant to be flexible, but also detailed, outlining each parent’s responsibility in the raising of the child. This idea of coming to an agreement fits more in line with healthy child development. An agreed to plan means the child does not get stuck between warring parents duking it out in damaging litigation. It can create a more harmonious living situation for all involved, and most importantly, for the child who is caught in the middle.

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

Source: The Washington Post, There’s a great way to figure out child custody. Most divorce courts don’t use it., November 14, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Child Custody, child visitation, child visitation rights

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Fatal Child Custody Exchange

Post author By Scott
Post date November 21, 2014

Children, Sports, and the Increasing Number of Brain Injuries

According to Orange County sheriff’s officials, a Mission Viejo man shot and killed his wife during a child-custody exchange. He then shot himself.

Shooting

Deputies found the bodies of Scott E. Gimbell, 50, and Linda Sachs Gimbell, 44, of San Clemente, after responding to reports of shots fired at an apartment complex in the 26800 block of La Alameda in Mission Viejo. The bodies were found lying outside Linda’s vehicle in the parking area of the apartment complex. The Gimbels’ 13-year-old and 7 year-old children were also present during the shooting, but were not injured.

Child Custody Dispute

It’s believed that parents were handing off their daughter and son to one another in a custody exchange when the shooting occurred. Allegedly, the two had separated, and were embroiled in a custody dispute. The incident is being handled as a murder-suicide, according to authorities. Investigators believe Scott shot his wife with a handgun before killing himself. Their 13-year-old daughter called 911.

The Gimbel’s

Both Mr. Gimbel and Mrs. Sachs Gimbel had worked in the financial services industry. Mr. Gimbel founded Citywide bank in 1999. By 2005 Citywide was one of the nation’s largest mortgage brokerage firms. She had worked as a sales manager for Deutsche Bank prior to joining Citywide Mortgage Corporation. Linda’s friend, Jamie Melim wrote on Facebook: “My heart aches at the loss of a beautiful friend. She was smart, amazing and sooo funny! She was tragically taken from this world last night. She left behind two young children and a family that absolutely adored her.”

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

Source: Los Angeles Times, Man fatally shoots wife, then himself during child-custody exchange, November 1, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Child Custody, child custody battle, child custody exchange

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Miller Custody Battle

Post author By Scott
Post date November 20, 2014

When You Might Consider a Lawyer for Personal Injury Claims

An agreement has finally been reached in the custody battle between Olympic skier Bode Miller, 37, and his ex-girlfriend.

Custody Battle

Five-time world champion Miller and ex-girlfriend, Sara McKenna, 28, a student at Columbia University, have been stuck in a bitter custody battle over their 18-month-old son, Samuel. The two have struck a deal just on the eve of a trial where each were expected to bring witnesses to testify to the psychological impact of the the temporary joint custody arrangement was having on Samuel. The two were also in disagreement regarding the amount of child support McKenna had requested.

Previous Custody Ruling

McKenna is a retired Marine who is attending Columbia on the GI Bill. She gave birth to Samuel during her first semester at Columbia in New York. Prior to the baby even being born, Miller was awarded custody of him in California court. Initially, a New York family court judge supported the California ruling and thus, ordered McKenna to surrender Samuel to Miller. A judge in the Appellate Division in Manhattan overturned that decision, ruling that a custody decision needed to be made in New York (not California) because the baby had been born in New York. As a result, McKenna and the Samuel were reunited. Over the past year McKenna and Miller (along with his new wife, volleyball player Morgan Beck) have shared custody, splitting time between California and New York.

McKenna and Miller

McKenna and Miller had a brief fling while McKenna was in California and McKenna got pregnant. Allegedly, when she got pregnant, Miller did not want to take part in Samuel’s life. Thus, McKenna enrolled in the veterans program at Columbia. She had already accepted the scholarship to Columbia and made plans to move to New York when Miller filed for custody in California.

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

Source: Daily News, Bode Miller settles custody fight for son with ex Sara McKenna, November 17, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Child Custody, Child Support, custody, custody battle, paternity

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Patric’s Paternity and Custody Ruling

Post author By Scott
Post date November 19, 2014

Recently, a California court ruled Jason Patric is a legal parent of Gus Schreiber, the 4-year old boy that was conceived with Patric’s sperm. Patric’s custody lawsuit has made news for the past two years via accusations and media campaigns. Most notably, it has brought one question to the forefront of paternity issues: At what point does a sperm donor become a father?

Paternity and Custody Lawsuit

Patric agreed to donate his sperm to ex-girlfiend Danielle Schreiber in 2008. The donation was under the conditions that she did would not expect to receive child support and that she would not tell anyone that Patric was the biological father. Gus was born in 2009. At that time, Patric’s conditions remained the same. But in 2011, Patric and Schreiber rekindled their relationship. During that time, Schreiber, Gus, and Patric spent time together. Schreiber even told the child to call Patric “Dada.” The two broke up in 2012. Patric decided to sue for custody. A media circus ensued. Allegations of abuse by Patric were made. Patric put together an organization called “Stand Up For Gus,” with aims to change laws around sperm donor rights in the nation.

Family Code Section 7613(b)

California’s Family Code Section 7613(b) states if a man provides semen to a physician “for use in artificial insemination or in vitro fertilization of a woman other than the donor’s wife is treated in law as if he were not the natural father of a child thereby conceived.” This law, like others pertaining to children conceived without intercourse, was written in the 1970s as a way to protect rights of parents using sperm banks, as well as the anonymous donors to the sperm banks. But that’s not the case as much anymore as families become more and more untraditional. There are now numerous parent-donor scenarios.

New Laws, in Light of Patric’s Case

Patric’s fight for custody of Gus has generated numerous new bills, such as the Modern Family Act, which defines and protects the rights of these new parent-donor scenarios and “nontraditional” parents such as LGBTQ families. It also defines cases where a donor (sperm or egg) plays a parental role in the child’s life, regardless of the type of relationship they share with the other parent.

But the judge’s ruling does not necessarily mean Patric will get custody of Gus. In light of the highly publicized and ugly paternity battle, a judge might decide Gus is best left in his mother’s care.

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

Source: Refinery29, Jason Patric’s Ugly Battle Raises One Important Question, November 4, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Child Custody, child custody case, child custody dispute, paternity, paternity ruling

Child Custody

Beginning a Child Custody Case

Post author By Scott
Post date November 18, 2014

Sometimes people do not choose to file for child custody. If you decide to move forward, there are some necessary steps that are involved. You might also consider hiring a child custody attorney that can represent you in court.

Why File for Child Custody?

This decision is made for a number of reasons including; not wanting to get the courts involved, or there’s an informal agreement that works for both parents, fear of provoking the other parent, or fear that that provocation might result in a more custody or visitation rights being awarded to the other parent. 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.

Legal Rights Regarding Child

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.

Working with a Child Custody Lawyer

Working with a child custody lawyer might be in your best interest if you decide to pursue a child custody 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, you need the expert law firm of Divorce Law LA. Schedule a consultation today.

Source: WomensLaw.org, California: Custody, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Child Custody, child custody case

Child Custody

4 Killed in Child Custody Dispute

Post author By Scott
Post date October 20, 2014

According to police, a Virgina man went on a murderous rampage following a child custody dispute. The man gunned down his ex-girlfriend, their child, and another woman who had been acting as a mediator between the two, before turning the gun on himself in an apparent murder-suicide, said police.

The Child Custody Dispute

According to reports, Traymont B. Burton, 21, shot and killed 19-year-old Adreena D. Gary, who had been trying to act as a mediator between him and his ex-girlfriend, Michelle S. Kelly, 22. He killed Gary outside his ex’s home, then went inside and gunned down Kelly, and the son the share, Keytrell Kelly, 2. He then killed himself. Allegedly, Burton and Kelly were in the midst of a child custody dispute over the custody of their son, Keytrell. Police responded to a “shots fired” call around 8:21 p.m. When they arrived minutes later, they saw the gruesome scene. According to neighbors,it was a chilling scene.

Adreena Gary

According to Adreena Gary’s family, the community college student had been working towards a criminal justice degree and hoped to eventually become a lawyer. She was trying to act as a mediator between Burton and Kelly. According to sister Andrea Gary, “Adreena was a fun, loving, warm-hearted individual who stopped at no end to help those around her.”

“It’s just shocking, and the lady used to keep my kids,” said neighbor Chantell Woolridge. “And the thought in my mind is, what if my kids were there?”

Michelle Kelly

According to Kelly’s sister, Shaheem Simmons, Kelly was a mom who doted on her son. “She was more like my sister. We lived together my whole life as a child. I watched her grow as a woman,” Simmons wrote in a Facebook post. “If you knew her you knew she was sweet, respectful, caring, drama free and a mother — a real mom.”

If you are facing a divorce, or a child custody dispute, you should contact a lawyer that can help legally protect you, as well as put together a case that can help ensure the safety of your family.

Source: New York Daily News, Four dead in Richmond custody dispute turned murder-suicide: cops, October 9, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550

Tags Child Custody, child custody dispute

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Pacer’s Star in Middle of Child Custody Dispute

Post author By Scott
Post date October 17, 2014

NBA player Paul George and Daniela Rajic, a former dancer at Tootsie’s Cabaret in Miami are close to finalizing their child custody dispute. According to George’s lawyer, the two are finalizing a “joint parenting, joint decision-making” resolution over their 5-month-old daughter, Olivia.

Paternity Suit and Child Custody Battle

George,24, a forward for the Indiana Pacers, was locked in a nasty custody battle with Rajic, 24, when she brought a paternity suit against him after baby Olivia was born in May. It sounds like that battle is coming to an end. Just this past week, Manhattan Supreme Court Justice Matthew Cooper, the judge presiding over their custody case, joked it was a “love fest” between the two. He was pleased to see that George and Rajic chatting before the hearing began. He went on to say it looked like “two people who understand they’re going to be tied together for a real long time,” Cooper said. Adding, “They will both be participating in their daughter’s life, and that makes me feel extremely gratified. I am very pleased that this case has moved forward the way it has.”

George Hasn’t Met Daughter

George has not yet met his daughter, and in prior hearings Cooper skewered George for dodging the paternity suit. The basketball player had failed to appear at court dates, despite being able easily attend press conferences and traveling. “He has gone to every length imaginable to avoid taking responsibility for his actions,” the judge wrote. George’s new attorney, Harriet N. Cohen, said, “Paul George is looking forward to a very, very wonderful relationship with his daughter.”

Must Finalize Resolution

The parents will not be required to return to court as long as they finalize a resolution. The agreement will also include child support. In May, Rajic filed the paternity suit against George in Manhattan Family Court. George responded with his own filing, in Florida, seeking full custody of their daughter. George claimed shared custody would be “detrimental” to Olivia because Rajic is unemployed. She’s now taken on the roll of a full-time mother, while living with her parents. “I’m happy everything’s resolved and is moving forward. We’ll be wonderful parents,” she beamed.

George broke his right leg during practice with Team USA in August. He is out for recovery.

Source: New York Post, Pacers star’s parenting deal with ex-stripper baby mama, October 17, 2014

33 S. Catalina Ave. Ste. 202

Pasadena, Ca. 91106

(626) 478-3550