Articles Posted in Father’s Rights

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.

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.”


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.

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.