One judge has helped create a Co-Parent Court that would help address the issue of parent involvement in these types of situations. "By age 5, over one-third of children with unmarried parents have lost track of the fathers entirely, and over half have very limited contact with their fathers," the judge said.
]]> It is important to note that these are only statistics and not a broad judgment against fathers. Many fathers continue to remain in their child's life even when they are not married to the mother. However, the Co-Parent Court hopes to provide support for those who may need it.The judge who helped establish the program noted that in some instances, with unwed parents the court involvement goes as far as determining the monetary obligation but often fails to help parents who want to remain in their child's life. The new court program would help them obtain jobs, provide counseling, provide educational classes and other assistance necessary.
If you are an unwed parent or are going to become an unwed parent and you want to ensure your place in your child's life beyond the monetary obligation, it is important that you fight for that right with the assistance of an experienced attorney.
Source: The Christian Science Monitor, "Judge creates unique problem-solving court to help unwed parents," May 11, 2012
]]>A restraining order can involve both criminal and civil implications for the party who is the assailant. Once a restraining order has been granted by a judge, the order requires the assailant to avoid contact with the victim. A violation of a restraining order can be penalized with jail time.
]]> Domestic violence restraining orders are essential protections for a victim of abuse, but need to be addressed properly by an experienced attorney to ensure the restraining order is granted by the court. A tragic event happened to a California woman that highlights the importance of obtaining a restraining order.The woman was in an emergency situation with her estranged husband when she contacted the local police to request a restraining order against her husband. The restraining order request was presented to a judge who denied the request. The judge stated the request was denied because there was no finding of a present danger from the husband.
Following the denial, the woman sought the assistance of her attorney to obtain a new restraining order. As the woman was leaving her attorney's office, her husband shot her and then shot himself. An experienced attorney can help a victim of domestic violence obtain a restraining order when it is needed and also ensure the restraining order is enforced against the assailant to ensure the victim is protected.
Source: The ABA Journal, "Judge Denied Protective Order for Woman Later Shot Outside Lawyer's Office in Murder-Suicide," Debra Cassens Weiss, April 19, 2012
]]>Previously, Deion Sanders was granted an emergency protective order against his estranged wife. The emergency protective order prohibited Pilar Sanders from entering the family household and from committing any harassing acts against her family.
]]> The emergency protective order was granted for 61 days. As Deion Sanders filed for an emergency protective order, Pilar Sanders initiated a defamation lawsuit against Deion Sanders and her stepdaughter, and requested $200 million in damages. The defamation lawsuit claims both her stepdaughter and Deion Sanders made false and derogatory statements about her on Twitter.Currently, Deion Sanders was awarded temporary child custody of the estranged couple's minor children. The temporary order will stay in effect until a full child custody hearing is conducted and the issue of child custody is finalized.
In addition to the temporary child custody issue, the presiding judge ordered that the children attend psychological counseling. A temporary child custody order will provide for interim guidance regarding the custody of the couple's minor children. A temporary child custody order is an effective legal procedure. This quick procedure can provide court guidance within a couple days to a couple weeks, whereas a final child custody order may take an undetermined amount of time.
Source: Sporting News, "Deion Sanders decision: Hall of Famer gets child custody in battle with ex," May 8, 2012
]]>Chris Harrison is the host of the television show that helps couples find love, but even he has had some troubles. His relationship appears to have the same fate as many on the show after he and his wife filed for divorce in California.
]]> Chris Harrison and his wife were married for 18 years and were living in California at the time they filed. The couple recently announced their decision to end their marriage and seek a divorce in a joint statement to the press. The couple has two minor children and present amicable intentions towards the divorce.Divorces that are under the jurisdiction of California law are potentially subject to the community property laws in California. In general, community property laws state the married couple has equal ownership of all assets attained during the marriage. Therefore, marital property is divided during the divorce based on a 50 percent ownership interest.
States that have community property laws can have upsetting results for divorcing couples who may have strong opinions about the status of certain assets. Many choose to sign a prenuptial or postnuptial agreement to help maintain control over ownership interests. It is unclear if the Harrisons have an agreement of this type in place.
In addition to the property division of a divorce, Chris Harrison and his wife will also face child custody decisions in their divorce. The child custody decisions include decisions regarding physical and legal custody, visitation and child support payments.
Source: Reuters, "The Bachelor Host Chris Harrison is Getting Divorced," May 4, 2012
]]>The study asked 700 law enforcement agencies across the nation whether they noticed an increase in reports of domestic violence during the era of economic struggle, and 56 percent responded in the affirmative. That is a 16 percent increase from a similar survey conducted only a couple years before.
]]> Other studies also corroborate the findings that finances are a major reason for domestic violence. The National Domestic Violence Hotline said that money plays a role in "intensifying and escalating" incidents of alleged violence.Members of law enforcement see it every day. "When stresses in the home increase because of unemployment and other hardships, domestic violence increases," one officer stated. "We see it on the street."
Not all of the reports of domestic violence result in criminal charges. This is in part to a lack of evidence or a false report of an argument that may have been intense but would not be considered domestic violence.
What many people forget is that there is another avenue for dealing with domestic violence. A domestic violence restraining order can provide protection for someone who is suffering from abuse by a family member or violent spouse. Sadly, false claims of domestic violence are also made through the same process. Both those who want protection and those facing a false accusation need to take the situation seriously and seek the help of a divorce attorney who is experienced with these types of orders.
Source: USA Today, "Domestic violence rises in sluggish economy, police report," Kevin Johnson, April 30, 2012
]]>It appears as though Lawrence's decision to prepare for the event of a second divorce came in handy this week after papers were filed with the Los Angeles Superior Court. The papers were filed on April 25, only one day after the couple's listed date of separation.
]]> Lawrence cited "irreconcilable differences" as the reason for divorce and included a request for joint custody of the couple's two children, a 9-year-old and 11-year-old daughter. The two children were born to the couple during their 15 years together before they said "I do."When a marriage does not work out, you can often hear outsiders say that "they were too young" or "they didn't know each other well enough." What this couple's relationship shows is that for some, marriage doesn't work. This couple was well beyond the "impulsive" age, got to know one another over 15 years and even had children together during that time -- something that can add stress to a relationship.
The prenuptial agreement drafted prior to marriage can help make a divorce go more smoothly, something that the couple has made clear that they want to accomplish. "Out of love and respect for one another we will continue to remain friends and raise our two beautiful daughters together," the couple said in a statement released to the public.
Source: On The Red Carpet, "Martin Lawrence files for divorce from 2nd wife Shamicka Gibbs," April 30, 2012
]]>Domestic violence has recently surfaced in the Deion and Pilar Sander's relationship, when Pilar Sanders allegedly attacked Deion Sanders in their house. Deion Sanders is a former professional football player whose private life was put on display when he and his wife participated in a reality show about their relationship.
]]> Deion and Pilar Sanders are currently going through the divorce process. An incident recently occurred that led to the arrest of Pilar Sanders and a misdemeanor citation for Deion. In addition to the criminal charges, an emergency protective order -- which is available in California -- was obtained against Pilar Sanders. The emergency protective order prohibits Pilar Sanders from entering the family household for 61 days and forbids her from harassing her family members.Pilar Sanders has also used a different public forum -- civil court -- to address the current status of her relationship. Pilar Sanders filed a lawsuit against Deion Sanders and his daughter, who is Pilar Sander's stepdaughter. The lawsuit claims her stepdaughter and Deion Sanders acted libelously and made slanderous statements about her through Twitter.
Specifically, the lawsuit claims the stepdaughter used Twitter to make derogatory comments about Pilar Sanders's intentions in relation to her marriage to Deion Sanders. The lawsuit includes her husband Deion Sanders because she claims he supported the false statements put on Twitter by his daughter, and that he himself has used Twitter to support the false statements. Pilar Sanders's lawsuit for libel and slander seeks damages of $200 million.
Source: CNN, "Deion Sanders also cited for assault in domestic violence case," April 25, 2012
]]>This term is often referred to as a QDRO, which stands for Qualified Domestic Relations Order. So what is a QDRO? In its most basic definition, it is a court order used to provide an alternate payee access to retirement account funds. While state laws differ across the nation, some allow a retirement account to be considered community property subject to division during a divorce.
]]> Even when a retirement account is not considered community property, it may be used as a way to pay child or spousal support. Some parents or ex-spouses choose this payment option because the money paid out under a QDRO does not get hit with an early-withdrawal penalty.QDRO's are considered a court-ordered judgment, but are not actually drafted by the judge. The document requires not only specific pieces of information: some simple like the name and address of the participant and any alternate payee; while other pieces are more detailed like the payment calculation method, duration of payments and other detailed information.
The QDRO must not only be drafted properly, but it must be approved by the retirement plan administrator. The document is mandatory for any retirement plan covered under the Employee Retirement Income Security Act or ERISA. While it is possible to draft a QDRO on your own -- like any other important divorce document -- it not advisable to do so without the assistance of a knowledgeable attorney.
Source: Reuters, "What is a QDRO? How Divorce Affects Retirement," Andrew Chow, April 19, 2012
]]>The information provided on the social media sites has increasingly been important in legal matters, especially in family law matters such as spousal support, commonly referred to as alimony.
]]> A social media site -- such as Facebook -- allows almost anyone to snoop into personal information, including looking for evidence related to California legal matters. Recently, personal information that was made available on Facebook drastically changed the previously mandated spousal support an ex-spouse was receiving.The ex-spouse was receiving alimony and claimed she could not work, did not leave her home and rarely socialized. The ex-spouse claimed her limitations were due to a car accident that occurred in 1996. The ex-spouse was a former dancer who was on disability and was attempting to be awarded lifetime alimony. The ex-spouse was seeking alimony that amounted to $850 per month as a result of the car accident.
The alimony was immediately terminated after the ex-spouse's Facebook contained personal posts that she was working as a belly dancer. The Facebook post regarding her ability to work was used as evidence in her spousal support court hearing and the alimony payments from her ex-husband were terminated.
Since spousal support payments are based on specific criteria, the alimony may be modified or changed. If you find evidence that supports that there has been a change in circumstances, an experienced attorney can help assess the potential impact of the new evidence.
Source: San Francisco Chronicle, "Who's Watching You On Facebook?" Rachel Brown, April 10, 2012
]]>The distance between parents can interfere with the amount of in-person time a parent spends with their children. While being physically in the same room at the same time is still the best way to bond with a child, virtual visitation can help make bonding easier when a parent is away from a child. In fact, six states have already enacted laws addressing virtual visitation. Should California become one of them?
]]> Time spent away from a child is inevitable in custody agreements. Many of these agreements have a shared custody plan that leaves each parent away for a measure of time. Even when sole physical custody is involved, the non-custodial parent often wants to remain in their child's life.Virtual visitation has helped many families across the nation. Instead of only being able to listen - such as a telephone provides - a parent is able to see their child smile in connection with a laugh. They can help with homework online and tell them how beautiful the picture they drew in class was. Seeing the facial reactions and mannerisms face-to-face can help strengthen the bond between a parent and child.
Although virtual visitation has its upside, it is important that courts continue to weigh the balance of what is in a child's best interests. Virtual visitation can be very helpful in some situations and harmful when used incorrectly, which is why it is important to discuss any creative alternative with an experienced family law attorney to ensure that your rights as a parent are upheld.
Source: The Washington Times, "Virtual visitation: a sensible child custody option," Myra Fleischer, April 15, 2012
]]>The California County Board of Supervisors has addressed the domestic violence issue through the implementation of the Home Visiting Program. The Home Visiting Program is a program that will be set up in several California counties as a five-year initiative.
]]> The purpose of the program is to improve the health of mothers and children. The goal of the program is to provide services to the mother and child either during the mother's pregnancy or at the time of the child's birth. Some of the target population for this program is families in poverty conditions and the unemployed, and the priority will be given to families with a history of domestic violence and child abuse.Since the definition of domestic violence is broad enough to encompass family related violence or abuse, there are many scenarios in which domestic violence can occur. Domestic violence impacts families in many ways beyond the physical injuries of the abuse.
The Home Visiting Program is designed to provide assistance for mothers and children who have suffered domestic abuse and need health related assistance such as counseling. While the Home Visiting Program provides assistance in the aftermath of the domestic violence, civil actions such as restraining orders can help provide immediate protection for the victims of domestic violence.
Source: tribwekchron.com, "California Home Visiting Program," Mario Conde, April 13, 2012
]]>The two young boys rode together on the Carpathia to the mainland. However, they only spoke French and thus locating their mother became an issue. A French woman volunteered to take custody of the boys until their mother could be located.
]]> One of the boys said that despite their young age, they remembered the last thing that their father said to him. "My child," he said, "when your mother comes for you, as she surely will, tell her that I loved her dearly and still do." He never saw his wife again, but she did get the message just over a month after they became two of the 700 survivors.The two boys were photographed after they were rescued, which helped the mother find out not only that her missing boys, but that they were alive. The boys were traveling across the ocean in 1912 because their parents had separated. The mother had been awarded full custody of the children, but their father had wanted to emigrate to the United States and took the boys with him.
Family law issues arise from a number of situations, including temporary custody even when both parents would fight for the interests of their children. If you have a family law issue, you can discuss it with an attorney experienced in every matter of family law.
Source: Daily Mail, "The Titanic Orphans: Two brothers put on last lifeboat by father who died in disaster," Kerry McQueeney, March 25, 2012
]]>A bill has been presented that would prevent a judicial determination for changes in child custody arraignments and determinations regarding if a parent is unfit while the service member parent is deployed.
]]> Under this bill, child custody modifications when a parent is deployed will only be made when evidence supports a decision that is in the best interest of the child and child custody determinations will not take a parent's deployment into consideration.This bill has been presented by the House Armed Services Committee five times and has been defeated five times by the Senate Armed Services Committee. This is the sixth time the bill has been backed by the House Armed Services Committee and is currently supported by 63 members of the Committee.
This bill could have a major impact on California child custody and military service members who are also parents. Proponents of the bill state the passage of this bill will provide military parents with the security that their child's custody is not affected by their military service.
Child custody determinations are decided by state law and therefore differ between the states. Prior to this bill the Department of Defense believed the impact of a military service member parent only affected a small amount of state decisions, but the widespread implications have been noticed. This bill is still pending in the legislative process.
Source: Army Times, "Bill would strengthen child custody protections," Rick Maze, April 2, 2012
]]>The California sheriff has been convicted and received a probation sentence of three years. In addition to the probation, the sheriff is also required to attend a year-long anti-domestic violence counseling program, complete community service and attend parenting classes.
]]> The sheriff entered into a plea agreement, which required him to plead guilty to the charge of false imprisonment. In exchange for the guilty plea to the false imprisonment charge, three other charges for child endangerment, domestic violence and dissuading a witness were dropped.Although the sheriff was only convicted of one of the four domestic violence charges, the local prosecutors claim the false imprisonment charge is considered a domestic violence charge. The plea agreement was entered into by the sheriff just before his trial started. A domestic violence trial could have presented issues of the sheriff's alleged temper and infidelity, which may have been contributing factors towards the plea agreement. It was reported the sheriff met with the town's mayor regarding his position as the sheriff, but no official comment has been given regarding the conversation or the sheriff's continued employment.
In situations such as these, the issue may not stop even after a criminal conviction. Plea agreements may or may not include restrictions about contacting the victim. As a victim of domestic violence, you have the right to seek a restraining order or order for protection. A criminal sentence is a penalty for past actions; a restraining order protects the victim into the future.
Source: The Huffington Post, "Will Ross Mirkarimi Resign? Pressure Mounts Over San Francisco Sheriff's Conviction," Paul Elias, March 20, 2012
]]>A child support case has recently caught national attention due to the unique circumstances of the dispute. The situation involves a support -- or lack of -- agreement, in vitro fertilization, paternity, citizenship, separation and a court order.
]]> The story began when a couple got married and planned to have children together. They were married for nine years, but were unable to conceive even after pursuing several fertility treatments and even put their name on a waiting list for donated embryos. The inability to have children is a common cause of divorce or separation, and could have been a factor for this couple's marital strife.The couple ended up separating but never finalized a divorce in part due to the husband's citizenship application. After they had become estranged, their number came up on the embryo donation list. The wife still wanted to have children, but the husband did not. Because both of their names were on the donation list, his consent was required. He gave it with the stipulation that he would not be obligated for child support. The couple even formalized the agreement on a written document.
The wife became pregnant with twins. After the children were born, the wife filed a request with the court for support. The court granted the request based on the presumption that the children were born out of marriage and under the theory that children's rights cannot be bargained for in contracts such as prenuptial agreements.
Whatever your family situation is, before you make any final decisions it is important that you seek the counsel of an experienced attorney. They can highlight issues with your individual situation and find a solution that will protect your interests into the future.
Source: boston.com, "Court says father owes support, despite deal," Peter Schworm, March 7, 2012
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