In the best interest determination, family court judges examine a wide variety of factors such as a parent's ability to care for the child, which parent is most likely to put a child's needs first, any evidence of domestic violence, and in some cases, the child's wishes. Obviously, to be granted custody or visitation, a parent will need to show that he or she is concerned about the health of the child. According to a recent study, whether the parent smokes may play a large part in that showing.
]]> The study, which was conducted by anti-tobacco advocacy group Action on Smoking and Health, revealed that family court judges in at least 18 states have ruled that subjecting a child to cigarette smoke should be considered when making a child custody determination. In fact, no court has ever ruled that smoking should not be a factor in a custody case.If smoking is an issue in the best interest standard, it may be worked into the actual custody ruling. For example, the judge may issue an order prohibiting smoking in the presence of the child, or forbid smoking in the home up to 48 hours before the child arrives.
Therefore, if you smoke, be prepared for your smoking to become a part of your custody case, and to alter your habits if necessary to be awarded time with your child.
Source: Washington Times, "Smokers losing child custody cases a growing trend," Myra Fleischer, Feb. 21, 2012
]]>Many people have long dismissed prenuptial agreements as unromantic and pessimistic or as something that is only used by wealthy people who are prone to divorce. However, with such a shaky economy, family law attorneys in California and throughout the country are recommending that every engaged couple at least discuss a prenuptial agreement to determine whether it may be a good option for them.
]]> Prenups have been on the rise in recent years. According to a survey conducted by the American Academy of Matrimonial lawyers, almost 75 percent of divorce attorneys said that they have seen an increase in the clients seeking prenuptial agreements in recent years. The survey also found that more women are now initiating the prenup process.One possible reason for the increase is that people are now waiting longer to get married, and are more established in their careers (read: earning more money) when they tie the knot. There is a natural tendency to want to protect that, so more couples are seeking a prenup.
If you think you may want a prenuptial agreement, don't wait to bring it up. Introduce the idea early and discuss it calmly. Even if you don't end up signing a prenup, having a frank discussion about money and how it ties into your future may help avoid later disputes.
Source: Reuters, "When Valentines and prenups go together," Kathleen Kingsbury, Feb. 15, 2012
]]>In an article in the Huffington Post, divorce party planner Lois Tarter suggests several ways to remain positive on Valentine's Day after a divorce. First, she says, try to focus on the love you do have in your life, such as the love of your children, family and friends, and the love and gratitude you have for yourself after surviving a difficult divorce.
]]> In addition, Tarter says, the fact that you do not have a significant other does not mean that you can't celebrate Valentine's Day. One way is to focus on yourself. Buy a bouquet of your favorite flowers, pour yourself a glass of wine and order dinner from your favorite restaurant or make your favorite meal. You can even turn your house into a mini-spa and spend the night relaxing and pampering yourself.Another way to celebrate is to focus on others. If you have children, think of a fun activity you can do together, such as making cookies or doing a craft. You could also get involved in the community by volunteering at a homeless shelter or making dinner for an elderly neighbor.
Regardless of what you do on Valentine's Day, it is important to remember that it is just another day. Come tomorrow, all of the hearts and chocolates and diamond commercials will be just a memory - until next year.
Source: Huffington Post, "Divorced, But Loving Valentine's Day," Lois Tarter, Feb. 14, 2012
]]>The case began with the parents' divorce in 2004. Following their split, they shared custody of their son and daughter until 2005, when the father had to move to a different state for a job. The mother was granted primary physical custody of the children.
]]> Two years after the custody change, the daughter reported that she had been the victim of abuse. She alleged that a family member had abused her at her mother's house. In response, her father filed a motion for a modification of the child custody order. Following an investigation, the judge presiding over the case ordered that the children be removed from their mother's home.However, the judge was soon removed from the case after it was found that he had a conflict of interest. That was just the first of many delays in the case, which is finally scheduled to go to trial this month.
Recently, the father claimed that his son has suffered severe emotional neglect at his current home, causing him to develop psychosocial dwarfism. In his court filings, the father alleges that his 11-year-old son is the size of a 7-year-old, and that he may lose 10 inches off his predicted adult height if the issue is not remedied soon.
Source: Tulsa World Enterprise, "Dwarfism linked to neglect: Oklahoma child's health at the center of custody battle," Ziva Branstetter, Feb. 3, 2012
]]>According to local media reports, the domestic violence charges against Sheriff Ross Mirkarimi stem from an incident on New Year's Eve in which Mirkarimi allegedly violently grabbed and bruised his wife's upper arm. After the wife told a neighbor of the assault, the neighbor reported the incident to police and turned over a video of the bruises that had resulted.
]]> About two weeks later, Mirkarimi was arrested and charged with domestic battery, child endangerment and dissuading a witness. The latter charge stems from the Mirkarimi's wife's subsequent denial that any abuse occurred on the night in question.Mirkarimi has also denied the incident, calling it a "private matter" and claiming that the allegations against him are "very unfounded." But according to Stanford University law professor Robert Weisberg, the charges against Mirkarimi were most likely meticulously investigated. "You've got to assume that the police and the DA's office are being incredibly careful about this," he said. "These are not frivolous charges."
Although Mirkarimi has stated that he will not resign, there is the possibility that San Francisco Mayor Ed Lee may charge Mirkarimi with professional misconduct and suspend him from office. If that occurred, the city's Ethics Commission would make a recommendation to the Board of Supervisors about whether to reinstate or remove Mirkarimi from office permanently.
Source: San Francisco Chronicle, "A difficult start for new San Francisco sheriff," Beth Duff-Brown and Terry Collins, Jan. 14, 2012
]]>But according to family law attorneys in San Jose and throughout the country, the use of Facebook in family court proceedings is becoming somewhat of a norm. Unlike criminal or other civil cases in which judges are fairly strict about what they will allow in discovery, family court judges have thus far been pretty lax about allowing Facebook photos and posts as evidence in family court cases. In fact, some family law firms are even creating new departments for the sole purpose of controlling their clients' social media accounts.
]]> Facebook is primarily used in child custody cases, where parents attempt to use the other parent's online life as evidence that they are not fit to care for the couple's child. For example, photos that seem to depict a parent as a constant partier will obviously hinder his or her attempts to gain custody.But there are other less obvious ways in which a parent can derail a custody case through social media. Posting negative comments about the other parent, the trial or even the judge can sway the judge's decision, as will any status updates that seem to conflict with statements made in court.
Therefore, we and other family law practitioners would like to share one piece of advice: if you have a pending child custody case, it is best if you simply get off Facebook for the duration of the case.
Source: Law.com, "Facebook has Become a Factor for Pa. Family Law Cases," Ben Present, Jan. 31, 2012
]]>While infants may not be affected by the actual events of the separation or divorce, they are very easily affected by the behavior that goes along with a split. For example, if either of the baby's parents is depressed during or following the divorce, the baby may also start exhibiting signs of depression, such as sluggish behavior, a decreased appetite, difficulty sleeping, and a general lack of interest in playing or in the people around him.
]]> Therefore, it is important that you take care of yourself during a divorce, Brott says. This will, in turn, ensure your baby's health and happiness in the weeks and months to come.When you are figuring out your parenting time schedule, try to set it up so that both parents see the baby every day. Babies, in general, lack long-term memory, so if they go a day or more without seeing a parent, they may forget who the parent is and the ability to bond may be disrupted.
Make your parenting time effective, Brott says, full of playing, cuddling, reading, singing, and spending quality time with your baby. This will help ensure that your bond remains strong throughout your child's life.
Source: Seattle Times, "Ask Mr. Dad: Don't divorce your baby," Armin Brott, Jan. 19, 2012
]]>The website reportedly aims to encourage people who know or have seen the child support offenders to report them to the appropriate state or federal agency for criminal prosecution. While they are on the website, visitors can send an online fugitive tip form, or get information on how to submit an anonymous tip the agency's 24-hour hotline, which is available in both English and Spanish.
]]> Currently, the site features five parents who owe child supports in amounts ranging from $21,000 to $1 million. It also features two recently apprehended parents, both of whom owe more than $100,000.In most situations, child support is handled exclusively by family courts in California or whichever state in which they are initially adjudicated. However, child support becomes a federal matter in a few situations, all of which reportedly occurred in the situations featured on the website.
For example, parents who fail to make child support payments for one year or more may be prosecuted federally. In addition, parents who owe more than $5,000 for children who live in a different state or who flee the state or the country to avoid making court-ordered child support payments may be subject to federal prosecution.
Source: Office of Inspector General, "OIG Launches Child Support Enforcement Web Page: Introduces 'most wanted' list of deadbeat parents," Jan. 17, 2012
]]>Certainly, some of these are difficult decisions with no clear 'right' answer. But others can be resolved with just a little information. Deciding whether to use mediation to resolve your divorce, for example, is usually done through an examination of the method and determining whether it will be right for you and your family.
]]> Mediation is a process of alternative dispute resolution in which a trained mediator helps couples work through the issues in their divorce and reach a solution that is best for each spouse and the family as a whole. Through the mediator's ability to guide couples away from confrontation and negotiation hazards, it minimizes the bitterness, frustration and anger that is an end product of so many California divorces.So how do you know if mediation is the best solution for you? First, you should have some issues to resolve. If you and your spouse are on the same page about child custody, property settlement, and all other divorce-related matters, mediation probably won't be necessary.
Second, you both need to be able to work together to come up with a mediated settlement. You don't need to be in agreement on all matters, but simply willing to negotiate and compromise to find a solution that is best for your family.
Source: The Huffington Post, "What Most People Don't Know About Divorce Mediation," J. Richard Kulerski and Kari Cornelison, Jan. 24, 2012
]]>Klum and Seal were married in 2005. They have since had three children together, and are also raising Klum's daughter from a previous relationship. In their seven years of marriage, the couple seemed to have a rock-solid relationship. They renewed their marriage vows every year on their anniversary, threw lavish parties together and talked about one another with respect and love.
]]> However, anonymous sources say that the couple had been fighting more in recent months. In addition, Klum's increasing focus on her television career had created some resentment on the part of her husband.As with most Hollywood couples, however, it appears that their busy schedules that had them at different ends of the globe were most likely responsible for their split. "While we have enjoyed seven very loving, loyal and happy years of marriage, after much soul searching we have decided to separate," they said in a statement. "We have had the deepest respect for one another throughout our relationship and continue to love each other very much, but we have grown apart."
There have been no reports about the details of the divorce and related issues such as property settlement and child custody, and it is fairly likely that any divorce settlement agreement they reach will remain private.
Source: Huffington Post, "Heidi Klum, Seal Divorce: Separation Officially Announced," Nekesa Mumbi Moody, Jan. 23, 2012
]]>The ruling stemmed from a child support order that was entered in California in 2005, which instructed the father of three children to pay $8,500 per month for the support of his children, reducing to $4,000 when there was only one minor child remaining. In 2007, the mother filed a petition for enforcement and modification of the order, seeking an increase in child support.
]]> In response, a family court judge found that the father had "engaged in conduct that unnecessarily prolonged litigation" and breached his fiduciary duty. The father's child support obligation was then increased to $18,000 per month. The father subsequently filed an appeal.While the Court of Appeals upheld the child support order, it reversed the sanctions imposed against the father. The justices found that the duty of continuing disclosure of income and finances does not apply after all of the details of a divorce have been finalized.
Specifically, the court stated that California law "does not impose on divorced parties a continuing fiduciary duty to disclose all material facts regarding a party's income after a final custody and support order has been entered."
Source: Metropolitan News-Enterprise, "C.A. Limits Duration of Duty to Disclose in Child Support Cases," Kenneth Ofgang, Jan. 6, 2012
]]>According to court documents, the boy was conceived when his married mother began an affair with a married man about 20 years ago. During the affair, the boy was conceived and born. About two years after his birth, the extramarital relationship ended.
]]> When the boy was about three, the mother told her husband about the affair and the possibility that he was not the boy's father. The couple then decided to take the unusual step of filing to adopt the boy. Around this time, the biological father made his first paternity and custody filing. A DNA test confirmed that the boy was his son.The couple went back and forth in family court for more than 12 years, with different judges issuing differing rulings on whether the boy should be told about his true biological father. Most recently, a court ruled that learning the truth would "seriously endanger" the now 16-year-old boy, and that the biological father could not have visitation rights. It is not yet known whether the father plans to appeal this decision.
Source: Chicago Tribune, "In paternity dispute, family can withhold biological father's identity from teen, court rules," Steve Schmadeke, Jan. 2, 2012
]]>If you separate informally without a legally binding agreement, you will remain liable for your spouse's debt. This means that you may end up on the hook for large credit card expenses or other bills that result from irresponsible purchases made by your spouse. Further, your spouse will still have access to your finances and he or she may spend money from your account or fail to pay bills and debts, causing irreparable damage to your credit score. Finally, your spouse may fail to maintain the family home or otherwise decrease the value of your marital assets.
]]> Aside from the financial aspect of a split, there are several other reasons to get a legal separation while you decide whether to legally end your marriage, or if you have chosen not to divorce for religious or other reasons. In a legal separation agreement, you can set out a legally binding child custody and parenting plan, and establish child support and alimony payments.In addition, there is an extra benefit of doing the extra work of creating a separation agreement. If you ultimately decide to divorce, that agreement can easily become your divorce settlement agreement, making that process much faster and simpler.
Source: Forbes, "Legal Separation or Divorce: Which is Better Financially?" Jeff Landers, Jan. 10, 2012
]]>Although the couple was only married for a little over a year, their marriage and subsequent divorce may affect them financially for years to come. Brand has reportedly said that he and his soon-to-be-ex-wife did not sign a prenuptial agreement before marrying. Therefore, their property division would likely be subject to California community property laws, and everything either entertainer made during their marriage would be considered joint marital property. That property would be divided in half and equally distributed to both.
]]> According to an analysis from Forbes magazine, Perry earned around $45 million during the short-lived marriage, with most of her income coming from her worldwide tour. In comparison, Brand is believed to have made approximately $7 million during the marriage.Although that is no small amount, it is nowhere near what Perry earned. As a result, Brand stands to earn somewhere in the $20 million range when all is said and done, with Perry losing near half of her hard-earned tour income. The couple also reportedly has a $6.5 million home in Los Angeles.
However, like most celebrity divorces, this one is likely to be conducted via confidential settlement agreement. If so, we may never know the details of their divorce and property division.
Source: MSNBC, "Who walks away richer from Perry-Brand split?" Leslie Gornstein, Jan. 4, 2012
]]>According to a survey conducted by Identigene, a company that sells over the counter DNA paternity tests, about 10 percent of people in San Jose and throughout the U.S. have been in a situation in which a paternity test was necessary. In addition, about one in five of the 1,000 people surveyed have had a close friend or family member who has questioned the paternity of a child at some point.
]]> Identigene also reports that sales of the over the counter DNA paternity tests generally spike during the first quarter of every new year. This statistic coincides with another survey result: about half of the respondents who had questions or issues about paternity said that they planned to address and hopefully resolve them in the new year.An additional percentage of survey respondents said that they wanted to take care of their child's paternity, but that they were unsure of where to begin. This is understandable, given the fact that a legal adjudication of paternity can be an intimidating and often expensive process. But because paternity is often the gateway to child support and custody awards, it is essential that parents resolve it. A compassionate and experienced family law attorney can be an invaluable resource as you navigate the process.
Source: 14news.com, "Survey: 1 in 10 question paternity," Theresa Seiger, Dec. 27, 2011
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