Child Custody Archives | Los Angeles Divorce and Family Law Blog

Deion Sanders wins custody case

2013-03-28T18:30:08Z

California residents may have hears that a 12-member jury recently awarded Deion Sanders full custody of two of his children and joint custody of a third. The decision regarding child custody came after two weeks of contentious testimony.

The jury ruled that Sanders should have sole conservatorship and custody of his two sons. It also ruled that Sanders should have joint conservatorship and custody of his daughter as well as decide where she will live. Matters related to visitation and child support have not yet been decided. Additionally, the couple is still battling over a prenuptial agreement.

]]> Deion Sanders was reportedly in a light mood after hearing the 11-1 verdict. However, his estranged wife, Pilar Sanders, immediately bashed the former NFL superstar and Hall of Famer, calling him a variety of colorful names. The verdict was handed down in Deion Sanders' favor even though his estranged wife had accused him of abusing the children and keeping guns near them. Sanders' attorneys alleged that Pilar worked at a telephone sex line, and both parties accused the other of steroid use. Jury members reported to Sanders' attorney that they did not believe the accusations against Sanders regarding child abuse and believed that it was an example of "grandstanding."

When a child custody matter is before the court, a judge or jury must often decide which parent should be awarded custody based on what is in the best interest of the child. Because the court may consider factors such as domestic abuse, some parents may accusations of this nature against the other parent to try to persuade the jury to award them custody. A California family law attorney may be retained in order to defend a parent against false allegations or to help prove abuse has occurred.

Source: CBS DFW, "Jury Makes Decision In Deion Sanders Child Custody Case," March 12, 2013

Dad arrested in Philippines owes $1.2 million in child support

2013-03-05T13:53:38Z

California residents may remember the notable case of the 50-year-old father of three who fled to Thailand and then to the Philippines in late 2012, when he was finally taken into custody. With the dubious label of the nation's most-wanted deadbeat father, he owes more than $1.2 million in delinquent child support payments. On Feb. 21, the suspect admitted leaving the country so that he wouldn't have to make the court-ordered payments, and he entered a guilty plea.

The defendant confessed he fled New York after the courts issued warrants for his apprehension in 2000 and 2002. After his arrest in the Philippines and his deportation to Los Angeles in November 2012, U.S. Marshals took him into custody. He could receive up to four years in prison. The U.S. Department of Health and Human Services, an agency that tracks child support cases when parents disappear, listed the defendant as the "Most-Wanted Deadbeat" when he topped the list of parents who failed to pay child support.

]]> The defendant's troubles began in 1995, when the courts directed him to make $750 of payments in child support. Later, a judge increased the amount to nearly $1,000 weekly for cost-of-living adjustments. Court information indicated that prior to his divorce from his wife of almost 10 years, he was earning between $500,000 and $600,000 annually. He quit making payments after about two years and a total of about $87,000. The man owes additional child support of $625 weekly after he and another woman had a baby.

Costly delinquencies in child support could take time to repay. An attorney who has experience in family law may help a defendant accused of defaulting in child support work out a post-decree modification that satisfies both parties.

Source: New York Times, "Deadbeat Father Pleads Guilty to Evading Child Support," Mosi Secret, Feb. 21, 2013

Supreme Court decides Hague Convention custody case

2013-02-21T21:43:08Z

A custody battle that wound up in the U.S. Supreme Court is not over, after the court sided with the father and reversed the Eleventh Circuit's decision that his appeal of a custody ruling was not moot because the mother took the child back to Scotland. The unanimous Court found that merely because it was unlikely that the mother would comply with the order did not end the controversy and make the case moot.

For a court to hear an appeal there must be an active dispute between the parties and the possibility that a court could order relief. Because the mother had removed the child from the U.S., the Eleventh Circuit determined the case was moot. Mootness in legal cases generally means there is no longer a dispute in question. Because the father still contests the child custody award, the question is not moot.

]]> The Chief Justice, writing for the Court, noted that the lower court had mistaken a question of the merits of the case with mootness. Courts often order remedies that may have little likelihood of being fulfilled, such as ordering a $100 million dollar judgment against a party that is insolvent.

Justice Ginsberg concurred in the ruling, but noted that the Hague Convention's purpose is to prevent this kind of occurrence, where a child who has lived for two years in Scotland, is suddenly forced to return to Alabama.

She recommended that Congress amend the law to control when and how an appeal has to be filed, to ensure an appalled court quickly decides the case and when return orders should be stayed to prevent a parent from removing a child prior to a final court decision.

Source: Reuters, "Supreme Court rules for Army father in custody battle," Lawrence Hurley and Jonathan Stempel, February 19, 2013

Frozen embryos in a custody dispute

2013-01-28T17:47:43Z

Science has allowed many women to conceive and bear children who in the past would have been declared barren and infertile. The corollary to all of these new techniques and technologies, is that the law, both from the legislature and the courts, is often ill equipped to adequately deal with the complexities that result from these new ways of becoming a parent.

While we are not yet at the stage forecast in Brave New World, where children are "decanted" from mechanical wombs, technology now allows children to be born in ways that challenge traditional understandings of custody. A case from Maryland demonstrates some of these issues.

]]> A couple was married and wanted children, but because she developed an an ovarian cyst, they used in vitro fertilization and had 11 embryos frozen. She gave birth to a daughter from one of the embryos. A few years later, they divorced and the husband received custody of the daughter and the wife was granted custody of the embryos.

This was based on the contract from the fertility clinic, which gave the wife the embryos, should the couple separate. The husband has argued that contract was not properly notarized.

The husband feels he could be unfairly made to father another child with his ex-wife against his will. On the other hand, the wife cannot have any more children without using these embryos. To further complicate this issue, the husband received custody of the daughter because of charges of neglect by the wife.

The husband has objected and the court has stayed the order until early February to allow the father time to appeal the decision.

Source: NBC Washington, "Judge Grants Stay in Divorced Couple's Battle Over Embryos," Tracee Wilkins, Jan. 14, 2013

Terminally ill child at center of child custody dispute

2012-12-19T16:27:34Z

For many parents in California and elsewhere who are dealing with child custody battles, the issues are often similar. One parent may wish to have the child more frequently for visitation or otherwise alter the custodial agreement. Oftentimes resistance to changes on the part of the other parent is motivated by what that parent would say are the best interests of the child.

Rarely, though, are the best interests of a child a matter of life and death. That just might be the case, however, for a 12-year-old caught in a tug of war between his parents. The boy suffers from a debilitating neurological disorder; his condition is terminal, but nobody knows how much time he has left. Perhaps understandably, each of his parents wants him to spend whatever time he does have with each of them as much as possible.

]]> To that end, the boy's father wants to continue to take him to the father's house every other weekend, as he has under the terms of the custody agreement he has with his ex-wife. However, the boy's condition has deteriorated to the point where moving him is not simply inconvenient but could be hazardous to his already fragile health. The boy's medical team says that moving him at this point could be fatal.

The boy's mother recently won a ruling from a judge at an emergency hearing that will keep her son with her, at least temporarily. Another hearing has been set up in the coming days that will lead to a more definitive decision. This is obviously a trying case and the situation is not one that could be foreseen. Nevertheless, the circumstances of the case illustrate why it can be important to be able to rely on sound legal advice long after a custody dispute was thought to have been solved.

Source: KARE-TV, "Jordan mother able to keep dying son home, for now," Jay Olstad, Dec. 15, 2012

After a divorce, your insurance becomes more complex

2012-12-13T14:54:15Z

One of the more complex elements of a divorce is the creation of two households. As you are dividing the property and debts of the marital estate, you begin to realize how many pieces of your daily life now need to be separated. One of the more important elements is dividing your insurance policies and coverage.

Life insurance is especially important for the party who is charged with paying child support and spousal support, if that is ordered in your settlement. In California, child support obligations do not die with the payor spouse, but enforcing those payments becomes much more complex, and part of the probate process.

]]> Absent an insurance policy that will pay you the equivalent of the lifetime support obligation, you could be left with little. If your former spouse's estate is insolvent, while you would have a valid claim on his estate, there may not be sufficient assets to pay your support.

A properly drafted life insurance policy has the advantage of providing you will immediate payments and not being dependent on the speed of probate proceedings.

You should discuss any insurance policy with your divorce attorney, and ensure that it is adequately funded, that you are subject to notification should the premium payment stop. Ideally, you should be named as the owner of the policy, to eliminate your former spouse's ability to alter any parts of the policy.

Some women have found that their ex-husband had stopped paying the premiums before his death, or had changed the beneficiary to his new wife.

Source: Fox Business, "Split Time: Kids, Custody and Insurance," Susan Ladika, December 6, 2012

Supreme Court hears arguments for international child custody case

2012-12-05T12:50:33Z

The Supreme Court considers the question of whether a federal court of appeal retains jurisdiction over an international child custody dispute if the child has left the jurisdiction.

The case involves a woman who was awarded custody of the child by an Alabama court. After that decision, she returned to Scotland. The husband appealed the child custody determination to the Eleventh Circuit, which dismissed the appeal as moot, because the child was by then outside the jurisdiction.

]]> There is a split between some of the other federal circuit courts of appeal, with the Fourth Circuit deciding the issue to an opposite conclusion. The Supreme Court decision will resolve this difference and its ruling will be binding on all the federal courts throughout the county.

This is an important question for many military service members or anyone who has children by a foreign national. The decision by the Court involves elements the Hague Convention on the Civil Aspects of International Child Abduction.

The Hague Convention governs child custody decisions in international cases and was adopted to prevent parents from abducting a child and fleeing to their home county.

In law, "moot" generally means there is no longer any "controversy" on an issue, and therefore, nothing for a court to decide. Here, there is indeed still a controversy that is live between the parties.

The difficulty with the Eleventh Circuit's rule is that it allows the parent that wins in the lower court to terminate consideration of the matter merely by their leaving the country, rather than by operation of careful legal process.

Source: Georgia Public Broadcasting News, "Custody Case Goes To Supreme Court," Orlando Montoya, December 3, 2012

California's Proposed "Multiple Parents" Bill: Part II

2012-08-29T15:45:42Z

Earlier this week, we began a discussion about the newly proposed "Multiple Parents" bill in California. It would open the door towards legal recognition of a third or fourth parent for an individual child.

Legal recognition of parenthood is not an insignificant responsibility, nor is it an insignificant right. Legal recognition of parenthood allows an adult to assert rights to child custody, participate in adoption decisions and be held accountable by child support obligations.

]]> Should the multiple parents bill pass, more individuals who are parents in every sense but legally would be granted access to the rights and responsibilities of legally recognized parenthood. However, the benefits of this bill may, in some senses, be outweighed by the challenges that multiple parent recognition would create.

For example, if a child has three (or even four) recognized parents, how would custody arrangements be handled in the event of a split in the parties? How could a court fairly arrange child support for a child with multiple parents? Would even more parties to family disputes overburden the already crowded court system?

In the end, the questions will hopefully be answered with deference to the best interests of the child, as all child-related disputes are meant to be answered. In addition, deference must be given to the individual rights one should be afforded as a member of a family, however that family may be constructed.

Though time will tell whether this particular bill will be passed or not, the family court system will undoubtedly continue to evolve as modern American families continue to evolve. The only question moving forward is a matter of how.

Source: New York Times, "Measure Opens Door to Three Parents, or Four," Ian Lovett, July 13, 2012

California's Proposed "Multiple Parents" Bill: Part I

2012-08-27T15:24:17Z

California is viewed by much of the rest of the country as a slightly more radical and outlandish version of the rest of America. As a result, it doesn't come as a surprise that many advances in individual rights are fought for first and ultimately pioneered within the Golden State.

California's latest individual rights brainchild is that of legally recognized "multiple parents" for an individual child. The name of this proposed measure is misleading, as the law recognizes two parents per child currently. However, the proposed measure could open the possibility that one child might have three or four legally recognized parents.

]]> Passage of this measure may make child custody arrangements, surrogacy agreements, child support orders and adoptions more complicated. However, allowing for legal recognition of more than two parents per child might also help the California family court system to more accurately assess the best needs of the child in an era where roughly half of all marriages end in divorce.

It doesn't take much exposure to the modern family to appreciate its complexities. In many situations, children have two loving biological parents and one or two loving step parents in the picture. Sometimes parents and grandparents, or two biological parents and a same sex parent comprise a child's family.

In these complicated situations, one or two parties are often left without legal rights and responsibilities to the child, even though they are indeed one of the child's parents. The proposed "multiple parents" bill would begin to address these complexities. But it would also create several complexities of its own accord. Please check back with us later this week as we continue our discussion.

Source: New York Times, "Measure Opens Door to Three Parents, or Four," Ian Lovett, July 13, 2012

NBA Player's Case Highlights Child Custody and Support Issues

2012-06-26T14:28:41Z

The child support and child custody woes of flamboyant former NBA star Dennis Rodman have shined a spotlight on the issue of child support and child custody in California. His case is an extreme one - he was found in contempt of court for failing to make his child and spousal support payments. However, one of Rodman's arguments could have been that he failed to make child support payments because he and his former wife are still embroiled in a child custody dispute going back to the end of the couple's 2003 marriage.

While there hasn't been a direct statement by Rodman saying that he purposely withheld child support payments because of the ongoing child custody dispute, his situation does highlight the circumstances of parents who might think that they don't have to pay support for children if a finalized child custody arrangement hasn't been reached. In the eyes of the state of California, however, child support payments must be paid as ordered in spite of any disagreement between the parents about custody.

]]> In fact, laws governing child custody in California are written so that child support payments are not a determining factor in a family court judge's decision to enforce custody agreements and parenting time (better known as visitation or placement) schedules. When the parents disagree about physical (where the child will actually be living) or legal (the ability to make decisions about the child's education, religious influence, medical care and travel) custody, the court must act in the "best interests of the child." This means that the court must make decisions that best meet the child's needs, not those of the parents.

There are several factors that the court will use when making custody determinations that are in the best interest of the child. These include:

The age and health of the child
Existence of a strong relationship between the child and either parent
Financial, physical and mental ability of each parent to care for the child
History of domestic violence (physical, verbal or otherwise) in the home
Any substance or alcohol abuse issues
Child's ties to a particular locale through school, home, religion or other reasons

Child custody and support issues can be quite complicated. If you have questions about your family's arrangements, please contact an experienced family law attorney to discuss your unique situation.

How are your kids coping with divorce?

2012-06-24T17:14:11Z

Divorce is always tough for children and coping strategies may vary depending on the individual child and age. Whether you are discussing divorce or finalizing a divorce settlement, it is important to pay attention to your children and understand how the divorce is impacting their life.

Pay attention to warning signs that they may need your help or professional assistance. Here are four signs to watch out for:

]]>

Picking sides: Children may feel obliged to choose sides or negotiate on behalf of a parent. Remind your children that they do not have to get involved. You should encourage your children not to take sides so that they can sustain a long-term relationship with both parents.

Dependence on a sibling: If you notice that a child is becoming dependent on an older sibling, it may be an indication that they feel emotionally unstable or that an older child feels responsible for taking on a parental role.

Refusal to leave the house: Children who do not want to leave the home, visit friends, or attend social events may feel that they have to stay around the house to prevent their parents from fighting. Encourage your children to go out and reassure them that things will be okay if they are away.

Over or under achieving: Any change in performance at school or in activities may indicate that there may be a problem. Perfectionism may be an attempt to improve the family dynamic. Acting out may be a sign of depression or an attempt to distract parents from their own relationship.

When facing divorce, always be willing to put your differences aside for the sake of your children. If possible, continue to work as a team to nurture you children and support them through this transition.

Source: Huffington Post, "Marie Hartwell-Walker, Ed.D.: Are The Kids Alright?," Marie Hartwell-Walker, Ed.D., June 7, 2012.

Convenient settlement options: virtual visitation

2012-04-18T17:07:09Z

New technologies will often demand a change in laws. This is the case for a new term in custody involving electronic communication. In an increasingly global market, many parents will move to other states and countries for work or for personal reasons after divorce. Now non-custodial parents can protect their rights to "virtual visitation" so that they can keep in contact with their children through e-mail, Skype, Facebook, and by phone.

Nearly 10 million children in America live in a different state or country from one of their custodial parents. This means that they do not get regular face-to-face interaction that would be possible if they were in the same city. This makes electronic communication a viable option to help make parenting easier and communications more accessible to children.

]]> Virtual visitation first became a legal issue in the late 1990s when similar technologies were made available to parents and children. Now, courts are giving the rights to virtual visitation as part of divorce orders. Currently, there are six states with laws on "virtual" or "electronic" communication and visitation rights. There are twenty-two more states with efforts to add similar laws.

The laws give a family court judge the authority to award communication through electronic means for a parent who has moved away or is living out of state. The judge can make determinations of frequency and authority and can limit any visitation that will negatively impact a child.

There are advocates and critics on both sides. Family courts must continue to employ the high standards to ensure that the best interests of children are still a priority. Still, technological advancements are now a fact of life and it is important that the law continue to meet the demands of the modern family.

Source: Washington Times, "Virtual visitation: a sensible child custody option," Myra Fleischer, April 15, 2012.

New protection for military parents in custody disputes

2012-04-12T20:49:02Z

When a military member is deployed, any legal disputes, including those involving divorce and custody, can be difficult to resolve. This leaves many soldiers vulnerable to the loss of rights. The Servicemember Family Protection Act would prohibit judges from ruling against servicemembers in child custody disputes, based solely on past or future deployments. Military parents in Beverly Hills and throughout California may benefit from these new protections.

While it is widely accepted that military members can be ordered to deploy anywhere at any time, politicians and advocates of this bill believe that the facts of military life should not prevent a parent from obtaining sole custody of a child. The bill is not intended to give servicemembers any advantage, but does aim to eliminate a disadvantage for servicemembers who are at risk of losing custody while they are deployed.

]]> The bill has been held up in the Senate, but a new trend towards broader acceptance may mean that it will finally pass. The bill also extends the definition of "deployment" to include any humanitarian operations and overseas tours. The law is an amendment to the Servicemembers Civil Relief Act, a current federal law that gives troops special legal privileges when they are deployed.

Many servicemembers have faced scrutiny for leaving children in the custody of a step-parent or other family member when they get deployed. It is in the best interests of servicemembers to be highly communicative about their status so that both parents can attend to the best interests of the child. The idea of the bill aims to protect servicemembers from certain realities of military life.

Stars and Stripes, "Law Would Strengthen Troops' Child Custody Rights," Charlie Reed, April 10, 2012.

Kelsey Grammer, ex-wife Camille agree joint custody of children

2012-02-29T20:31:58Z

In divorce cases, coming to an agreement on the issue of child custody can be a difficult and sometimes displeasing endeavor. If a divorcing couple takes their case to court, a judge's ruling could be very rigid and leave one of the spouse's with little legal recourse. That's why some couples try to mediate the situation and come up with a parenting plan that gives their child an equal opportunity to see both parents and to make the best of an unsettling situation.

Celebrities are not immune to this issue when going through their own divorce. Today it was learned that Kelsey Grammer and his ex-wife Camille Grammer reached a child custody agreement over their two children.

]]> The couple divorced in 2010 but was locked in a bitter dispute over their 10-year-old daughter and 7-year-old son. Kelsey Grammer filed for sole custody over the children in May, followed closely by a proposal to split custody - their son would live in Chicago with Kelsey, while their daughter would live in Los Angeles with Camille.

Court documents show that the child custody agreement grants "meaningful contact" to Kelsey Grammer while both children remain in Los Angeles with his estranged ex-wife.

As is the case with many child custody disputes, proceedings can be contentious and it takes a collaborative atmosphere to reach a mutual agreement. One of the best ways to facilitate these mediation sessions is with a legal representative by your side. An experienced divorce attorney could greatly expedite a child custody case, relieving any extra stress that you and your former spouse do not need during the upsetting times of divorce.

Source: Arizona Central, "Kelsey Grammer and Camille settle child custody case," Feb. 29, 2012

Dangerous Syndrome May Affect Children of Divorced Parents

2012-01-30T14:45:22Z

Some families that have experienced divorce may be familiar with the level of acrimony that can exist between spouses during court proceedings. Sometimes, it seems nearly impossible for divorcing spouses to be civil towards one another. This situation can be especially uncomfortable when children are involved. Some spouses may go so far as to turn their children against the other parent. Now, psychologists have identified a mental health disorder that can affect the children of divorced or divorcing parents as a result of such behavior. It is known as Parental Alienation Syndrome, or PAS.

PAS uses emotional manipulation to sever the relationship between a child and one of their parents. PAS occurs when one parent, called the alienating parent, attempts to turn his or her children against the other parent, known as the target parent. Often, alienating parents are able to gain the loyalty of their children, especially young children ignorant of the nuances of adult relationships and fearful of being abandoned by one or both parents.

]]> An alienating parent may make their children the target of abuse by manipulating children's perception of how much control they have over their relationship with the target parent. Alienating parents may give their kids the illusion that the target parent has a choice when he or she gets to see his or her kids or that children have a choice of when to see the target parent, even when visitation is determined by the courts. This can cause children to feel that the target parent is choosing not to see them, though this is not actually the case. Alienating parents may ask their kids to choose one parent over the other or even "spy" on the other spouse to create more fuel for their abuse.

Alienating parents may also continuously malign the other parent until the child feels that the target parent does not care about them. Alienating parents may use verbal put-downs about the target parent or use their actions as evidence against them, even blaming the other parent for the divorce and break-up of the family.

Leading PAS researcher Douglas Darnall has identified three different tiers of alienating parents. The mildest cases are called naïve alienators. Naïve alienators usually do not realize that they are affecting their children and have their best interests at heart, but allow their bitterness toward their ex-spouse to show through in conversations with their children. Typically, naïve alienators sincerely want their children to have a good relationship with the target parent, and usually cooperate well with the courts.

More severe cases are called active alienators. Active alienators often lash out against the other parent and are unable to keep their ill feelings toward their ex-spouse from their children. Active alienators may ask children to keep secrets from the target parent or lash out verbally against the ex-spouse in front of their children. However, active alienators are able to identify these negative actions and will often try to make amends with their kids. Active alienators can be uncooperative with ex-spouses in court, though respectful of the system.

The most severe type of alienating parents is an obsessed alienator. Unlike naïve or active alienators, who are able to separate their desires and opinions from their children's, obsessed alienators cannot, and actively and consistently try to turn children against the target parent. The obsessed alienator's goal is to gain the loyalty of their children against the target parent, then sever the ties between their children and the target parent. Children who have been influenced by an obsessed alienator will often mimic their alienating parent's opinions and statements about the target parent. Obsessed alienators will turn against anyone that tries to reason with them about the target parent, including judges and others in the court system.

PAS is a serious disorder that can have disastrous effects on families. Courts can often be both a witness to and a player in PAS, since alienators may seek to modify the visitation of or issue orders against the target parent. Naïve and active alienators will most likely respect the courts, but the worst alienators will probably demand that judges and lawyers defend their children against the target parent, even when there is no evidence that suggests this is necessary.

Judges presiding over divorce cases involving children should be particularly sensitive to alienating behavior in parents. Often, alienators will claim their actions are in the best interest of the children, but severing a relationship with a spouse who previously had a healthy relationship with his or her children may not be in the best interest of the children, which is the sole objective of the courts in determining visitation and other parental rights and responsibilities.

If you or a loved one has been the victim of an alienating parent, please contact an experienced family law attorney who understands the nuances of PAS and how drastically it can affect the children of divorcing parents.