Articles Posted in Father’s Rights

In child custody disputes they can take many different turns in there lengthy process.  Often the parties cannot resolve there disputes in a local court and seek the help of the a foreign country.  Often this foreign county is the home country of the one of the parents. Thus an international child custody dispute emerges.

Erno Ilvyes was just such a parent here int he United States.  He and his ex got into a custody dispute and the mother took off with the child to Autria. Now it is not easy to take a child out of the country unless the other parent consents to the travel.  Usually there must be an itinary with the plane ticket stating a departure and a return date.  Apparently in Mr Ilvyes case the mother boarded the Lufthansa airline heading to Austria without the necessary requirements.  He signed no consent for her to depart abroad with his child.  Thus the mother did not return home from Austria and has since basically kidnapped the child.  There are international kidnapping laws on the books and they should assist Mr. Ilvyes however, often the host country does not sometimes cooperate with the laws. 

 It has been two years since he last saw the children his ex-wife spirited off to Austria.

In Vakharwala v Vakharwala, a Supreme Court of Georgia case came up upon appeal. The issues that the husband appealed were orders of attorney fees, child custody modification and spousal support.  In addition, there was a prenuptial agreement the parties entered into prior to marriage. Mr. Vakharwala disputed the amount of attorney fees that were to be awarded to the wife.  He disputed the reason they were awarded and if they were the proper amount. In the prenuptial agreement the parties entered into prior to the marriage it stated that the parties waived any financial aid from the other party for spousal support. Therefore, Mr. Vakharwala appealed the attorney fee award to his wife during the divorce proceedings.  The appellate Court ruled in his favor as a result.  However, interestingly their ruling was based on the prenuptial agreement which waived spousal support.  A Georgia statute made it clear that attorney fees were often used as spousal support and were “intrinsic” to it function.  Normally, according to Georgia Code sections attorney fees are part of Spousal support.  Therefore any award to to a party of attorney fees was in fact spousal support.  So Mr. Vakharwala prevailed on appeal based on this Georgia statute. The wife should not have received the $60,000 in attorney fees because she had already received a temporary order for spousal support.

In California family Court besides awarding attorney fees as a sanction the attorney fees can be awarded as a way to help a divorce litigant hire an attorney when the other party is also represented by counsel during the divorce. This is a common practice in divorce proceedings to create a level playing field for all divorce parties.

The Court also did at the same time award wife sanctions for the husbands conduct that abused the discovery process and delayed the divorce proceedings.  Thus the wife prevailed in getting attorney fees through the other Georgia statute enabling a party to be awarded monetarily for the abuse of the court system by the other party.  Any prenuptial agreement that stated that there was a a waive of attorney fees under a normal setting would be ignored in this scenario.

According to a Pew Research study, the number of single fathers is on the rise. Since 1960, the number of single fathers with custody of their children has risen from one percent to around eight percent.

The numbers aren’t staggering, especially when you consider the number of single mothers with custody continues to be considerably higher than dads. Brazos County Court at Law 2 Judge Jim Locke has been dealing with child custody cases for more than two decades. He said what’s impressive about the rise in numbers is what it seems to say about society and how it views the roles of parents.

Mitchell White, a single father and owner of The Filling Station in Navasota, said when things got rough in his marriage, he only had one request.

Here in California,so long as you have the time and are a good parent, there is no reason why Fathers in California cannot spend 50% of the time with their children. So long as your work schedule can accommodate and you fathers feel comfortable spending more time with your kids, you can certainly request that a court award you 50% joint legal and joint physical custody.

You may be thinking what kind of visitation schedule will afford me 50% custody? Here are a few options:

1. Week on/week off: Some parents enjoy spending time with their kids on a week-on/week-off basis. This means one parent will have custody of the kids for one full week and then the other parent will get the kids the next week. Custodial exchanges can be on any day of the week, but typically most parents choose Sunday evening.

Do you have a father’s rights concern in Orange County? Orange County Divorce Lawyer, David P. Schwarz, can help you fight for your rights.

You typically need an Orange County Father’s Rights lawyer if you are being alienated away from your child. Does the other parent pit you against your child? Does the other parent speak negatively about you to the child? Does the other parent discuss court proceedings with the child? Are you constantly being denied visitation for no reason? Does the other parent “coach” the child what to say and how to act when they are in your care? Does the other parent want you to have nothing to do with the child? These are clear examples of parental alienation.

The issue of parental alienation is interlinked with a father’s rights attorney because most of the times father’s need their rights and need aggressive representation because the other parent has been alienating the child or children away from them.

What is meant by filing a paternity lawsuit in Orange County or Los Angeles County? Well, you will need to file a paternity action if you have child with another person and are not legally married in California.

If you and your boyfriend/girlfriend have a child out of wedlock and you suddenly break off the relationship, you will need to file a Petition to Establish Parental Relationship. You will likely request child custody, child visitation and child support orders. Some parents request that the costs of the pregnancy be paid as well.

If you believe that you are not the child’s father, you will need to request a DNA test to determine the biological father. If you have been determined to not be the father (after undergoing DNA testing) and the mother has already filed a Department of Child Support Services claim, you will be absolved of all child support due and owing. If you are found to be the father, you will owe that child support.

A recent Fox News article regarding a potentially bitter California child custody dispute noted that Guy Fieri, a well-known Food Network personality who also hosts a game show on NBC, has been pulled into the middle of a California child custody and father’s rights case pitting a parent against grandparents.

The network, citing the celebrity-watching website TMZ, reports that Fieri is looking after his 11-year-old nephew while the boy’s father and his maternal grandparents dispute custody. Fieri is reportedly vacationing “on a remote lake in Northern California with no cell service,” a remarkably convenient location for someone trying to keep a child out of the limelight and away from squabbling relatives.

The news network reports that the boy is the son of Fieri’s late sister, Morgan. Since her death last year Fieri and Morgan’s parents have sought custody of the boy claiming his father, Dain Pape, “should not get custody because he is ‘living out of his motor home’ and has no source of income.” In a victory for California father’s rights, a judge in Marin County “sided with Pape, ruling that he should have custody of his son, and the grandparents must return” the boy to him.

A one-sentence ruling earlier this month by the United States Supreme Court dealt a blow to California father’s rights by letting unequal citizenship standards for fathers and mothers stand.

According to an account in the New York Times, the case – Flores-Villar v United States – concerns a father seeking to pass his US citizenship on to his foreign-born son. As the Times outlines: “children born outside the country to an unmarried American parent are considered American citizens at birth if the parent lived in the United States before the child was born. For a mother, the required period of residence is one year. For a father, it is 10 years, five of them after he turns 14.”

This blatantly unfair standard was upheld here in California by the Ninth Circuit Court of Appeals. Earlier this month the US Supreme Court affirmed that ruling in an unsigned, one-sentence opinion. The statement noted that the court was divided equally, 4-4, with Justice Elena Kagan recusing herself (presumably because she was involved in earlier stages of the litigation during her previous job as US Solicitor General).

The recent revelation that former California governor Arnold Schwarzenegger had fathered an out-of-wedlock child with a member of his household staff was a shock for many. But, as a recent article at the Huffington Post points out, it also provides an opportunity for all of us to revisit some of the more complex Los Angeles and Orange County father’s rights issues that can emerge in the wake of an out-of-wedlock birth.

As the website notes, many children are born in similar (though not nearly as famous) circumstances every year. “Not surprisingly, many of these cases end up in court when the parents are at odds about custody, child support and other matters,” the site adds.

The piece notes that mothers of children born out-of-wedlock have full custody of their babies in nearly every state pending the establishment of paternity. In most cases, this puts the onus on the father to assert his California paternity rights, usually by going to California family court. Fathers are also, of course, obliged to support their children, generally until they turn 18.