Custody Evaluation

October 15, 2017

Domestic violence used as a defense to move away order

The question must be asked as in all move away cases is the reason for the move away a motive separate than other reasons given for the move away request. Often the move away if fought with anterior motives and seems to be almost always done so based on my experience. Although parties in the move away process claim, family, jobs, friends are the sole motivating forces generating the move. But are they? I truly believe in most case the move away is done to alienate the other parent from their children. I have not had a case where it did not come up that the moving party was in a very contentious custody dispute and the other party just got up and left the state. Dont tell me this was to find a better job and to go live with mommy and daddy in another state because things were better there. I dont believe it at all. This is where I really disagree with most court rulings with move away orders given by superior court judges who always seem to side the with he primary custodian of the children. Although the argument that child needs stability and has bonded with one parent already and the courts do not want to disrupt this stable status quo relationship they in effect has left behind a parent without any connnection to their child so that one parent can go on with their life and leave the other parent helpless and without child. This cannot happen anymore and needs to be addressed seriously by the superior court family law bench of all united states.

In one case in particuar case Bruce v Jennifer an Alaskan superior court case involving Domestic violence and child custody move away issues brings to a forefront the anterior motives of a party while trying to hoodwink the court to get what they want which is full custody of the child and to escape dodge with the kid and tearing the bond from the other parent in half as a result of Courts blessings.

The appellant in the Michigan move away case alleged on appeal that Jennifer had committed domestic violence in a prior relationship which would assist Bruce the father in alleging giving her sole physical custody was not in the best interest of the child. The court stated, in full:Regarding the accusation that [Jennifer] hit her boyfriend, there is no time frame associated with this alleged incident

October 8, 2017

Keshia Cole may be paying spousal support in her latest custody battle

by Law Offices of David P. Schwarz

Earlier this week, we reported that Daniel “Booby” Gibson, was requesting full custody and spousal support from his estranged wife Keshia Cole. As you can imagine the internet did not approve of the request. Not only because the two seemed to have a healthy co-parenting relationship but also because as a former NBA player, Gibson doesn’t need any of Keshia’s money…or he shouldn’t, anyway. This idea that a spouse that earns more money should not in any way ask the other spouse to pay their share of spousal support is very interesting. As an ex NBA player he should not be banned from requesting from Keshi Cole that she pay Spousal support. The law is gender neutral and in order to respect the law The Court must take into all accounts the income and need of both parties as part of the divorce proceedings.

When the news hit the internet, folks felt a way.

Later, Gibson’s lawyer released a statement saying that making requests for the worst case scenario was common practice in family law.

July 10, 2017

Lisa Marie Presley and her juvenile dependency case

by Law Offices of David P. Schwarz

Priscilla Presley was spotted out for the first time with her daughter Lisa Marie’s twins with Michael lockwood after admitting that the girls were in her car amid a bitter custody battle. Lisa Marie is in the process of separating from ex Michael Lockwood after she reportedly found disturbing footage of their 8-year-old girls leading to her allegations of child abuse. “Let me put this to rest … the girls have not been in foster care and never will be. The girls have been with me and will be until all this is sorted out,” Priscilla wrote in a post. It is curious to know if juvenile dependency proceedings have opened up if the child were found in foster care. Often once your children are taken from you often find yourself in a juvenile court and welfare and institution code section 300 being used to start a juvenile case.

Priscilla Presley has confirmed that she’s caring for her young grandchildren as the twins’ father faces shocking abuse allegations sparking questions about why Lisa Marie wasn’t given custody of the girls. Often it is not uncommon for children to be removed from both parents if a juvenile case has opened up. Removal of all the children is also a common practice in juvenile dependency court.

“In situations where you know that a parent is doing something that’s threatening to children, you as the other parent have an affirmative obligation to act to protect those children – if you don’t, those children can be detained from both parents,” Greg Girvan, an L.A.-based attorney and certified family law specialist who is not involved in the Presley case, tells PEOPLE.

Lisa Marie the daughter of Priscilla and Elvis Presley made the abuse allegations against her estranged husband, Michael Lockwood, in court papers filed earlier this month. She claimed that Lockwood is the subject of criminal investigations involving hundreds of inappropriate photos of children that authorities found on his electronic devices.

July 9, 2017

Jessie Williams custody battle continues

by Law Offices of David P. Schwarz

Jessie Williams’ hoped for an amicable divorce but it has disappeard sooner that he wanted it to. Now he finds himself in a nasty custody fight with his estranged wife.

The “Grey’s Anatomy” star filed docs saying he went above and beyond to informally handle custody issues with Aryn Drake-Lee. Often celebrity divorces can be very difficult to resolve so that the celebrity can be an equal participant in the raising of their child with the ex. Because of the schedule of acting and filming they cannot enter into a normal custody arrangement. But they need a schedule that fitsl their career. Jesse filed for divorce back in April and we were told things were civil. But Jesse says it’s now turned into a legal war. Often one parent can feel entitlted to be the primary parent and doesnt want to give up control of the children. However, it is important to give frequent and continuing contact with the children.

Jesse is asking to get more time with 3-year-old Sadie and 2-year-old Maceo, claiming Aryn only lets him see them shy of 3 hours a day and she refuses to allow sleepovers. This type of behavior often befits an alienator parent who seeks to brain wash the children away from the other parent. It can be a significant impairment toward a normal healthy parental time with the other parent. A mental health professional often can help if it is in time and the children have not grown to old. A child custody evaluation would be the correct use of a expert.

July 7, 2017

Ben Stiller divorce

by Law Offices of David P. Schwarz

Ben Stiller and his wife Christine Taylor shocked fans when they made the announcement that they were calling it quits on their marriage after a whopping 17 years together! Despite having seemed like the most perfect Hollywood couple with their two children, the duo still failed to hold their matrimony together. But why did the famous couple decide to go their separate ways? This is long marriage according to Hollywood standards. 17 years is a lifetime and in Hollywood it is more than a lifetime. Possibly the length of marriage has to do with Ben Stiller and his parents who had a lengthy marriage and maybe he was influenced by their morally strong approach to marriage.

The couple also had been in many movies together so it is possible they just had been tide together for too long and after nearly two decades it was time to go their separate ways.

The two children of Ben Stiller and Christine Taylors’ marriage are 11 year old Quinlan and 15 year old Ella. Apparently they have been very cooperative with the details of the divorce so the time share arrangement does not seem to be a problem and child custody litigation might not be on the horizon which is a blessing for the young children.

July 6, 2017

Paul Anka child custody battle prevails

by Law Offices of David P. Schwarz

Paul Anka did it his way — and now he has sole custody of his son Ethan, 11. For a father to retain custody of a minor child against a mother who is much younger is very different. Paul Anka is a 75 year old musician who is well known for his songs. A Ventura superior family law Court awarded Anka sole physical custody of his minor child.

His ex-wife, former Miss Sweden Anna Åberg, is barred from having any contact with their boy. This Court order denying any contact is very extreme and must have been ordered soley on the basis that the Judge in the family law court felt she was violating his court orders.

It’s the greatest day of my life. This was all about protecting Ethan. The system has worked,” Anka — the 75-year-old musician who wrote one of Frank Sinatra’s biggest hits, “My Way” — told me.

July 4, 2017

Dixie Chicks Natalie maines divorce

by Law Offices of David P. Schwarz

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Natalie Maines is untieing the knot with her husband. She is famous for her political dislike of George Bush and Donald Trump. She also is famous for her remake of the song Landslide by Fleetwood Mac. She also was part of a famous band from Houston, Texas, The Dixie Chicks. Her husband is Adrian Pasdar who is famous for being an American actor and voice artist. He is known for playing Jim Profit on the TV series Profit, for his roles in Near Dark, Carlito’s Way, Mysterious Ways and as Nathan Petrelli on Heroes. Natalie Maines filed her petition for divorce on Friday, June 30.

Maines, 42, and Pasdar have been married for 17 years. They wed in June 2000 at the Little White Wedding Chapel in Las Vegas after hitting it off at fellow Dixie Chick Emily Strayer’s 1999 nuptials to Charlie Robison. The singer was a bridesmaid, and the Agents of S.H.I.E.L.D actor, 52, was a groomsman.

The breakup is “a private family matter,” according local media establishments.

April 21, 2017

Alex Jones Right Wing talk show host Child Custody Battle

by Law Offices of David P. Schwarz

Alex Jones a right wing talk show host in Austin Texas is currently embroiled in a child custody battle. Apparently he is quite outspoken and his on show persona is now in question. The child custody battle with his wife Kelly Jones is using his outlandish character on air he demonstrates and bringing it to Court. She is using his work persona and claiming that it reflects his parenting skills. This accusation is quite effective in modern Child Custody battles where public figures or public comments or social media statements are used against a parent in a Child Custody battle.

Interestingly Kelly Jones the mother is not the primary custodian of the her three children. Alex Jones has been the primary custodian of the three minor children. Recently the mother Kelly Jones has launched a change in custody bid against Alex Jones the sensational talk show host. The Rollingstone Magazine has labeled him “the most paranoid man in America.” In addition, he has questioned the landing on the Moon. He has falsely accused high ranking members of the Democratic party of being involved in a Satanic Child Porn ring. He did later apologize for the false accusations. His outlandish behavior will and should be brought to the attention of the Child custody Judge.

Apparently the Judge has taken notice of his erratic and absurd behavior and has let Kelly Jones offer and bring evidence of Alex Jones use of marijuana with Joe Rogan on a podcast. Often Child Custody judges will defer to the children and have a child custody investigation begun to further investigate if the behavior of Alex Jones has influenced his parenting skills.

December 17, 2016

Custodial time an doing the homework

by Law Offices of David P. Schwarz

Often parents caught in a custody dispute find themselves entering into custodial arrangements that fit their work schedule it may or may not work for assisting in your childs homework assignments. Often the parent might get a day that is a busy homework day for their child. And if this happens the busy child and parent must somehow get the homework done. That might mean late night hours when no one wants to stay up and burn the midnight oil. Courts always state the custodial parent has the responsibility to make sure the homework gets done. What happens is the parent potentially gets a midweek visit and fails to follow through with the day to day activities of the child. Often a parent might neglect these duties because they feel they are not the primary custodian of the child and do not have to help or make sure homework gets done.

A Court in New Jersey recently visited this issue when a parent getting a midweek overnight visit did not make sure his child got their homework done for school. The Court did not like this type of behavior exhibited by the parent getting the midweek visit and determined that in the Best Interest of the child standard that the midweek could be cut from the schedule for that parent.

The Best interest Standard determines what is the best situation for visitation and custodial time for the child. If one parent cannot maintain what is in the best interest of the child then the Court has broad discretion to alter or eliminate those midweek visits. In fact, it is very important to become very interested in your child’s school activities. This includes homework and also knowing the teachers and classes the child attends. An interested parent becomes a more suitable parent for child custody purposes. Despite having limited time with a child a parent should not neglect schoolwork.

August 6, 2012

Orange County Child Custody Evaluation

by Law Offices of David P. Schwarz

If you ever wanted to know the 411 about child custody evaluations, here is a great article on the basics:

In family law cases, the central focus in all child custody and parenting decisions is the best interests of the child. Ideally, parents should consult with one another and reach those decisions together. But it is not always clear what, exactly, is best for a child. What if the parents can’t agree?

Generally, if the parties to a divorce agree to child custody arrangements, the court will likely approve those arrangements and enter an order ratifying the parties’ agreement. However, if the parents are unable to work things out between themselves with the help of their lawyers and/or their mediator, the court must determine what is in the best interests of the child and make a ruling to settle the controversy. One of the chief tools the judge may rely on to make his or her decision is a child custody evaluation. Various third party professionals (a Guardian Ad Litem, a psychologist, a social investigator, or a combination of same) may become involved to conduct an investigation and make recommendations to the parties and/or the court as to what is in the child’s best interests.