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Articles Posted in Legal Custoy

Coronavirus outbreak poses dilemma for parents with shared child custody wanting to protect their child. With people being encouraged to observe social distancing and isolation during the coronavirus outbreak, family lawyers are being asked how best to manage shared custody arrangements. All of this can happen during a divorce as well. Key points: Family lawyers say parents still need to follow court orders amid the outbreak. But they can still agree to vary them amid social distancing and isolation. Parents are urged to put emotions aside and keep their children safe. Common questions included whether people needed to comply with court orders during the pandemic and how to manage changeovers if schools were to close.

people would still need to comply with court orders.

“Talk to the other party, and if you cannot talk to them, try and communicate via a third party to work out a sensible resolution,” Ms Beckhouse said. “These are really stressful, unusual times and children are under enormous stress, and the best thing people can do right now is keep things as conflict-free as possible.

nipsey-hussele-300x223Nipsey Hussle sadly passed a few months ago from gun shot wounds.  He left behind a daughter whom is now resides with the family of Nipsey Hussle.  A Petition for guardianship has been filed in Court by Nipsey’s sister.  A Guardianship works similarly like a child custody action in family law court.  The Court uses the best interest standard to determine what is best for the child.  It is similar to a family court proceeding.

Tanisha Foster is the biological mother of Nipsey’s child.   Nipsey Hussle’s sister Samantha Smith filed a petition for guardianship over Nipsey’s daughter, was assigned to a different judge for an initial hearing Friday afternoon.

The judge cleared the courtroom and allowed the mother and daughter to spend 20 minutes together alone in the gallery. Foster wiped away tears as she left the emotional reunion.

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.

Vaccinating your child has become a hot button issue lately with all the potential negative side effects some vaccines have upon the nuerological development of the childs brain.  And therefore there have been a group of parents concerned about these effects and decided that it is a greater risk to vaccinate than to not vaccinate the child.

According to the Centers for Disease Control: Vaccines can prevent infectious diseases that once killed or harmed many infants, children, and adults. Without vaccines, your child is at risk for getting seriously ill and suffering pain, disability, and even death from diseases like measles and whooping cough. The main risks associated with getting vaccines are side effects, which are almost always mild (redness and swelling at the injection site) and go away within a few days. Serious side effects following vaccination, such as severe allergic reaction, are very rare and doctors and clinic staff are trained to deal with them. The disease-prevention benefits of getting vaccines are much greater than the possible side effects for almost all children.

The California statutes give joint or sole legal custody rights to the parents who chose not to immunize their child as stated in Health and Safety Code section 120370.

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