Articles Posted in Custody & Visitation

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In June, Kentucky will become the first state to require a presumption of equally shared parenting in child-custody cases even when one or more parents is opposed. While it’s common for states to prefer joint custody when both parents are amenable, Kentucky’s presumption will apply even without divorcing parents on board. This is a major breakthrough in developing a parenting plan that is often difficult and expensive to come by in family law Courts in California and across the United  States.

Kentucky Gov. Matt Bevin signed the measure in April, declaring that judges must presume “that joint custody and equally shared parenting time is in the best interest of the child” in almost all divorce cases. Last year, Kentucky required the same presumption for temporary child-custody cases while divorce is pending. Again, for a state to implement such a broad and powerful message to family law courts across America and Kentucky is quite outstanding.  Custody is often so tumultuous to fight in court that to add a presumption of 50/50 without any fighting in court is really setting a different type of  family law custody standard now.

Exceptions exist for situations “involving an incident of domestic violence within the preceding three years” or where “there has been a domestic violence order entered” or being entered. Obviously when there is violence the joint  custody presumption must be sidelined in order to keep the child safe from any potential violence or abuse.

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Often divorces are quite messy and full of conflict.  Parties fight over the smallest of issues and create enormous adversity amongst each other during the divorce proceedings.  All of this can be avoided according to the new law passed in Illinois which uses a different approach to getting divorced.  It is simple, not complicated and not messy are the words Danielle Dvorak used when describing her 2009 divorce.

“It was quicker, cheaper and easier on so many levels – emotionally, mentally, spiritually and physically – than a lot of other horror stories I’ve heard,” she said.

 If you’re wondering how on earth someone can talk about their divorce in such a positive way, Dvorak said she credits the divorce process she and her ex chose to use: collaborative divorce, which is an alternative to traditional litigation.
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A Michigan judge has reduced the child custody rights of a woman who was jailed for five days for not following through on an agreement to vaccinate her 9-year-old son. The family law issues are  twofold here.  violation of a court order and whether vaccination of the children is lawful and a parental decision without the  court involvement. Often the right to vaccinate your child can be a decision left to the parents individually.  However, if the court deems the safety of the children are at risk the Judge can step in  and order a vaccination.  The Family court judges top priority is the health safety and welfare of the children. Ultimately, the determination is the best interest standard of review for the family law court judge. So when the Michigan court judge ordered vaccination to be given the child against the mother’s wishes the Judge must have considered the pros and cons about the vaccination and determined that the health of the child outweighed any religious views the mother might have held
Oakland County Judge Karen McDonald ruled Wednesday that Rebecca Bredow will no longer have primary custody of the boy, but will have joint custody with her ex-husband, James Horne. Since the mother violated the Judges court order the judge probably held her in contempt of Court.  As a result the judge can penalize the mother in many different ways.  One of the ways is by taking her custodial  time away.  In this case the famiy law court judge decided  that  it was in the best interest to limit the amount of custodial time the mother  would recieve.
Horne wanted the boy vaccinated and Bredow agreed to do so last November but didn’t. She says vaccinations go against her religious beliefs. Religious beliefs cannot overtake the health safety and welfare of the child’s interest.  The best interest are always at the top of the Judges agenda when making any ruling regarding custody. When determining the best interest of the child the court must assess the health safety and welfare of the child first before looking at other issues that might lead to where the child should reside primarily.
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Just days after Harvey Weinstein said his wife, Marchesa fashion designer Georgina Chapman, was standing by him, Chapman now says she has chosen to divorce her husband.

Chapman said in a statement to tabloids, “My heart breaks for all the women who have suffered tremendous pain because of these unforgivable actions. I have chosen to leave my husband. Caring for my young children is my first priority and I ask the media for privacy at this time.” Therefore child custody and visitation will be an issue in Harvey’s case.  However, it will be interesting how the allegations turn out.  Because if the mere lechery of Harvey is all that sticks his visitation rights may not be impaired.  But if rape allegations an forceful sex are proven in court his custodial rights will definitely be limited and a fight will ensue that will be rather difficult for Harvey.  The couple have two young children 7 and 4 which will need a stable environment to thrive.  It is unclear if that can be achieved under these conditions Harvey finds himself in.  A bond has definitely been established and it is still very important for young children’s growth to have frequent contact with both parents.

Weinstein said he supported Chapman’s decision to leave him, in a statement quoted in Page Six. “​I support her decision, I am in counseling and perhaps, when I am better, we can rebuild. Over the last week, there has been a lot of pain for my family that I take responsibility for,” Weinstein said. All these things said are great for public sentiment.

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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.
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Tyrese Gibson is now under the microscope of the L.A. County Dept. of Children and Family Services over claims by his ex-wife and baby mama that he spanked his 10-year-old daughter so hard she couldn’t sit. Spanking by itself is not necessarily abuse because some family use spanking as a form of discipline.  However, times have changed and spanking your child repeatedly or too hard can be considered a form of child abuse.  Gone are the old days when a parent could physically punish their child freely and without any consequence to their actions.  Nowadays a spanking can be reported to child protective services.  They will immediately start and investigation into these actions.  The first people that are investigated or interviewed are of course the child.  In Juvenile Court the child has tremendous weight in determining how to proceed with the prosecution of any abuse.  The social workers doing the interview are highly sensitive all the children who are interviewed.  The parents then are interviewed and are secondarily important to the whether charges are filed in juvenile or criminal court.

Tyrese and Norma Gibson are in a court battle … Norma’s trying to get a permanent restraining order prohibiting him from physically disciplining their kid. Norma is trying to seek a domestic violence restraining order which she can get in family law superior court.  This is not the same as a juvenile court order nor is it a criminal restraining order.  It has lessor implications than juvenile court and criminal court.   However, if Norma succeeds in getting a restraining order for her child Tyrese will have to follow it.  Any violation of a restraining order can cause Tyrese to be arrested and charged with a crime, violation of a court order.

She also wants full physical and legal custody. She’s worried Tyrese will take their daughter to Dubai, where he has business ties, and not come back. She also wants Tyrese to take domestic violence courses. Again, filing for fully custody or a modification of the prior custody order will take place out of juvenile court and land the parties in family law court.  Normally the judge will have to decide the case based on the best interest of the child standard. There are many cases where one parent is fearful of the other parent kidnapping the child by leaving the country and not coming back. Often to avoid problems the Court can make a restriction on the travel of the child outside the country. But in more and more case because of the Hague Convention and the international kidnapping laws awareness Court will allow a parent to leave the country.  This happens quite often if a parent wants to visit relatives in foreign countries.

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Blac China and Robert Kardashian broke up in July of 2017 after a tumultuous relationship.  Blac Chyna went to Court and got a Domestic violence restraining order against the father of her child. But their battle is far from over. While the mother-of-two was ready to go to war with her ex after he posted nude photos of her online without her permission, little did she and her lawyer Lisa Bloom know that the reclusive star had his counter-attack ready! And his youngest sister Kylie Jenner made sure to have his back as well. At the domestic violence hearing the couple entered into a child support and child custody order and avoid further domestic violence litigation in family law court.

What Robert Kardashian has decided to do is take his case outside of the criminal and or family law setting and used the civil litigation path to attack and financially go after Blac Chyna the the mother of his child Dream. The sneaky thing about the lawsuit Robert Kardashian filed is it will have nothing to do about family law matters such as child custody, child support and domestic violence.  It will only go after financial compensation.  Also a civil lawsuit can  go on much longer than a child custody and child support case.   If it cannot settle then the case will be set for a trial.  It can be set for a jury trial and have 12 people decide the damages.  Therefore, Blac Chyna could be in for a long drawn out process she thought was over after they settled their child custody and child support disputes in family law court. In family law Court there is not such thing as a jury trial only in a civil litigation setting can a jury trial be done.  In family law there is only a judge by trial case.  No Jury.

Rob must have seen their demise coming, because according to their complaint, he documented an incident back in December 2016 when Chyna allegedly abused him while “extremely intoxicated on drugs and alcohol.” She allegedly took one of his guns and was “carelessly playing” with it “unaware if the gun was loaded or if the safety was on,” the complaint states, according to People. It didn’t end there. Rob also claims she tried to choke him later that evening, using not her hands, but an iPhone cord, and he “suffered injuries to his neck.” Chyna wasn’t done; she then chased him and “repeatedly struck him in the head and face.” After Rob ended up outside the home, he attempted to escape in his Bentley, according to the complaint, which caused her to throw “a nearby chair at Rob’s car causing damage to the vehicle and also used a metal rod to injure Rob.” But Chyna did not just take her anger out on Rob. She also destroyed Kylie’s home, which is where the alleged violence took place. Rob claims she owes $100,000 for “damaging a television, breaking down a door, damaging the walls, destroying cells phones and smashing a gingerbread house that was made for the holidays.”

 

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Rob Kardashian has agreed to pay $20,000 a month in child support, ending a vicious custody battle with his former fiancée, Blac Chyna.

As part of the agreement, Chyna dropped her domestic violence allegations against the reality TV star

The pair had announced their engagement and pregnancy in May 2016, then split a month later. A month after the baby was born in November, Kardashian wrote in an Instagram post that Chyna had taken the baby and left his home.

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Serial sexter Anthony Weiner’s been exposed again.

This time a Manhattan judge has yanked a confidentiality caption that was shielding the disgraced pol’s divorce case with his soon-to-be ex-wife, Hillary Clinton aide Huma Abedin, from the public. Documents that  are sealed usually have some sensitive information in  them that cannot get out to the public.  However, in Weiner’s case it is obvioius there is no sensitive information that needs to hidden from the public.  Any minor victim of  Anthony Weiner will not be listed in any public record because of their age.  Weiner’s criminal history does not fall under confidentiality principles of law.

In  California the judge must find certain factors in order to seal court documents such as an overriding interest exists that overcomes the right of public access to the record, the overriding interest supports sealing the records; a substantial probability exists that the overriding interest will be prejudiced if the record is not sealed; the proposed sealing is narrowly tailored; and no less restrictive means exist to achieve the overriding interest.

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Blac Chyna is rebutting suggestions she’s under investigation by child welfare officials. The department of child protective services is the county and state agency that investigates juvenile dependency matters in the County of Los Angeles. Using drugs does not automatically place a person under suspicion by the Department, however, what is the issue the Department will take note on is the placement of the children in harms way.  Usually they will investigate if there is a substantial risk of danger to the children of the parents in question.

A lawyer for the beauty entrepreneur denied the existence of an open investigation Tuesday and said she had no knowledge of any filings by the Los Angeles County Department of Children and Family Services related to Chyna’s baby with Rob Kardashian.  An investigation by “CPS” or child protective services does not mean their is a filing by the Department of Social Services.  Often the Social Services or Social Workers do an investigation first to see if their is any validity to the claims held against Chyna before the Department suggest a filing in the Juvenile Dependency Court.  Since the filing of a Juvenile dependency action is pseudo criminal in nature it is the County Counsel that will file any charges against Blac Chyna.

“Chyna is a loving, devoted mother who simply wants to peacefully co-parent her healthy, happy baby Dream with Rob,” Chyna’s lawyer Lisa Bloom said in a statement.

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